Posted by Carol_SoCal on 5/4/05 7:22pm
Msg #35865

FIRST MORTGAGE - PRIMERA HIPOTECA

http://www.efanniemae.com/singlefamily/docs/3053w.doc

I was browsing FannieMae docs and ran across a bi-lingual version of a Note. Has anyone had experience with this form or any other multi language form? I suppose the Notary would have to be fluent in the particular language in order to use the form???

By the way this is a great website for forms familiarization if anyone needs that kind of help :o)

Reply by SDgirl on 5/4/05 7:28pm
Msg #35867

I have never seen these bilingual forms before.. I think they would actually be helpful. I am fluent in spanish and do a lot of spanish signings where the borrowers do not speak or read English. So if a signing would regularly take me 45 minutes, a lot of these borrowers want me to translate ever 45,000 words of the documents and I am there 2 hours.

Reply by Carol_SoCal on 5/4/05 7:33pm
Msg #35870

Well I am glad I found it for you ;O) I have done signings with bi lingual people before and I know what you're talking about. It's not easy for the borrower or the Notary. Did you go to the website? It has loads of forms :o)

Reply by SDgirl on 5/4/05 7:38pm
Msg #35873

Thanks for your research - I am going to print these out and use as refernce!

Reply by Ali-IL on 5/4/05 7:46pm
Msg #35875

I have a question.

Do you charge extra for this extra time that you spend there? I get called a lot by companies that have borrowers that ask for a spanish speaking closer.

Some will pay extra but, others don't understand why. I tell them that I spend more time with these people. A lot of them don't understand what is going on. Because of the language barrier .

I had one lady not sign at all because she didn't even know what her payments or years on the loan were till I told her!

I closed on a loan at a Citi bank. The borrowers didn't understand the amount that they would be receiving agter closing. They later rescinded. The loan officer called the title company and, tried to blame it all on me.

Reply by Lalas_socal on 5/4/05 9:36pm
Msg #35903

Carol,
Notaries in california notarize signatures, not content of the documents... or so I understand, I assume that would mean that it wouldnt really matter if we can read it or not, just that it is the persons signature on the document

Ok I had to go look it up.. from the handbook "A notary can notarize a document in a foreign language that they are not familiar with , as a notary public is not responsible for the contents of the document."(under miscellaneous provisions)

Reply by JanetK/CA on 5/4/05 10:14pm
Msg #35907

This form looks like it would be helpful to someone who spoke Spanish and would like to brush up on their loan-industry vocabulary a tad. However, we shouldn't be using any forms other than those provided by the lender and if it is something to be notarized, that's specifically prohibited in California.

Re: some of the other comments above about notarizing for someone in a language different from the documents: the problem I see with this type of situation is when there is a jurat. Even if the signing is conducted in the borrowers' language, if an oath needs to be administered, they need to be able to understand what they are swearing to. And it seems to me that the notary translating the document for them is akin to participating in the preparation of the document, which is a no-no in California. I'd be interested in others' thoughts on this subject. I wish more lenders would provide Spanish versions of their documents for their Spanish speaking borrowers. There sure is enough of a demand for it!

(BTW, thanks for posting this website link.)

Reply by Lalas_socal on 5/4/05 11:10pm
Msg #35912

Maybe a spanish translation on the back of the jurat? The need is apparent, especially in california. And, I think that a notary can translate if they have a full understanding of the language, it is advised against to use translators because of possible loss of vital information in the translation. Interesting to see how this develops.

Reply by PAW_Fl on 5/5/05 6:36am
Msg #35933

Not a bad idea. Florida has the same problem, i.e., many Spanish speaking residents. However, our manual is very clear about the notary certificates. The notary must complete the notarial certificate in English. The certificate may be translated into the language of the document, but the translated certificate should not be signed and sealed by the notary. (Ref: Florida Governor's Reference Manual for Notaries, 2001; pg 37)

Reply by sue on 5/5/05 11:26am
Msg #35992

or maybe since we're in America they should learn to speak English!!

By the way, I babysat my granddaughter this a.m. and didn't speak a word of English the entire time she was here so no need for any of 'those' type comments from anyone

Reply by Anonymous on 5/5/05 7:00pm
Msg #36126

Sue: Some people say the stupidist things. Like you for example!

Reply by HisHughness on 5/5/05 10:28pm
Msg #36163

sue notes:

***or maybe since we're in America they should learn to speak English!!***

As liberal as I am (somewhere just to the left of Chairman Mao), I am a firm supporter of English as the official language. Note, though, that my support is confined only to governmental and publicly recorded documents. As far as I am concerned, any other transaction -- commercial, familial, consensual acts between adults, non-consensual acts between minors -- can be in anything the parties wish, from Swahili to Esperanto.

The Balkanization of language has done little except cause problems in other nations. We have a good example right here on the North American continent with Candada and the French. You can maintain a culture, and the language of the culture, without requiring that ballots be printed in that language.