Posted by Paul M. Titus, Sr. on 3/17/05 7:15pm
Msg #26131

deaf & blind question for florida notaries

Has anyone ever done a closing in which the borrower is both deaf and blind. Is there a special affidavit for Florida I need to fill out? I know for a blind person I must read the docs to them but what do I do when they are deaf also.? When I call to confirm the appointment I spoke to the borrowers caretaker who infomed me that the borrower is both blind & deaf. I informed the SS about this and they were unaware of it also. They said to go ahead a do the closing?

Reply by Becca/FL on 3/17/05 7:37pm
Msg #26143

Paul - I've done closings for a deaf person & a blind person, but never deaf & blind. I don't know, however, I would assume that you would need a "translater" to make sure the borrower knew what he/she was signing. How did the LO communicate with the person?

Please let us know what you do.

Reply by Paul M. Titus, Sr. on 3/17/05 7:46pm
Msg #26146

When I spoke with the caretaker she said that he has a cokeler (?) implant and he can hear very little but is legally deaf. I just want to find out if any other florida notaries ever came across this problem. I want to make sure that the borrower is protected and that I am also protected.

Reply by Becca/FL on 3/17/05 7:56pm
Msg #26150

If he has a cokliar implant he should be able to hear. I would treat the signing as if he were only blind. Just make sure that he understands what he is signing. Ask him, do you understand? after you have gone over the Note with him, etc.

I closed a refi last month for a girl that I have known for years and she uses hearing aids & reads lips to understand. She can't "hear" like we hear, but with reading lips she really understands everything.

Reply by Paul M. Titus, Sr. on 3/17/05 8:03pm
Msg #26154

Thank you for the advice. I'll let you kno how it turns out.

Reply by notarymccoy on 3/17/05 8:37pm
Msg #26158

I closed a loan in Florida for a deaf couple last month. A translator was used to communicate, but when it came to the notarized documents, I had to communicate directly with the couple via written notes. Florida law will not allow for notarizations without the notary communicating directly with the signer.

Reply by Becca/FL on 3/17/05 8:49pm
Msg #26161

>>>Florida law will not allow for notarizations without the notary communicating directly with the signer.<<<

notarymccoy - could you please direct me to this statute, as I am unaware of this. I have searched ss117.107(6) and can't find anything.

Reply by notarymccoy on 3/17/05 9:15pm
Msg #26166

117.05 (14) (a) " A notary public may notarize the signature of a person who is blind after the notary public has read the entire instrument to that person."

According to this, the notary must communicate directly with the blind signer. One role of the notary is to make sure that the signer is aware of what they are signing. If there is no communication between the notary and the signer, that role can't be fulfilled. Hope this helps. If I'm wrong, let me know. :-)

Reply by Becca/FL on 3/17/05 9:37pm
Msg #26170

Yes, I'm aware of the provision for a blind person, but it does not state >>>Florida law will not allow for notarizations without the notary communicating directly with the signer<<< it only says that the Notary must read the doc to the signer. (And, of course, we must make sure that the signer understands what they are signing.)

I questioned your reference because, I found nothing stating what you said (above) in the manual, and can't ever remember reading anything comparable to what you stated. What made me question you was the fact that Florida Notaries CAN use interpetors to translate. Thereby, making your statment incorrect.

Reply by notarymccoy on 3/17/05 9:41pm
Msg #26173

I suggest that you contact the State to clarify the matter. I've already had it clarified for me.

Reply by PAW_Fl on 3/17/05 10:40pm
Msg #26186

There are two references in the Fl Manual on page 37:

"For a person who is deaf

The obvious problem that exists in this situation is communication. Unless you and the signer are competent in sign language or lip reading, you should communicate with the person by writing notes."

"For a person who is signing a document written in a foreign language not understood by the notary. Remember, you are not responsible for the contents of the document, but you need to exercise caution in this situation. Follow these recommendations:

Make sure that you can communicate verbally with the document signer or that a qualified,
trustworthy translator is present."

Further, "[w]hen administering an oath, make sure that the person understands that he or she is swearing (or affirming) that the contents of the document are true. When taking an acknowledgment, make sure that the person is entering into the transaction of his or her own free will." How can you do either without communicating with the signer?

The notary must communicate with the signer, but not necessarily **directly**. (Mincing over words.)

Reply by Becca/Fl on 3/17/05 11:41pm
Msg #26200

>>>The notary must communicate with the signer, but not necessarily **directly**. (Mincing over words.)<<<

Thanks, Paul. I have done closings for "all of the above" and took great care to make sure that I was doing things "by the book." (Darn, that sale on quotation marks!) I even called Sylvia on my first translator situation almost a year ago, so I knew I was okay.

I think I am displaying my anal tendencies (only happens once a month) and the fact that I took the night off (turned down 3) to go out and party for St. Patty's Day, but this lovely Florida weather put a damper >pun intended< on the whole night. Oh well, there's always next year, AND next week to make up for the loss tonight.

P.S. I am at ease with the 3015. I am on my first re-fill and all is well. At least I did that right.

Thanks again

Reply by CaliNotary on 3/18/05 1:33am
Msg #26210

I'm so disappointed. I read this whole thread and there wasn't a Helen Keller joke to be found anywhere.

Reply by Ernest_CT on 3/18/05 10:25pm
Msg #26381

Sorry, CaliNotary. I'm proud and happy! n/m

Reply by Slarty_FL on 3/18/05 7:49am
Msg #26220

Not that it's necessarily relevant to this thread, but it's "cochlear." The cochlea is the structure in the inner ear (resembling a snail shell) which houses the hair-like fibers that trigger the auditory nerve. A cochlear implant allows limited hearing in even profoundly deaf people. The implant consists of a microphone that picks up the sound, a signal processor that converts the sound into electrical signals, a transmission system that transmits the electrical signals to the implanted electrodes, and an electrode or an electrode array (consisting of multiple electrodes) that is inserted into the cochlea by a surgeon.

Just in case anyone was curious.

Reply by Ernest_CT on 3/18/05 10:23pm
Msg #26380

Wow! Thanks! n/m