Posted by Bonnie_FL on 11/2/05 1:34pm
Msg #73711

Interpreter

I have a signing with a BO who does not speak English. I have requested an interpreter and was assured someone from the family will be there to interpret the docs. I have a Non-English Speaking Affidavit for the interpretor to sign and I notarize. The doc was faxed to me by the title company. Based on my limited conversation with the family, I have a feeling the interpretor may be a young child.

QUestion, since I will need proof of identity, is there an age limit for the interpreter? Do they need to be 18 and older?

I know in Florida a child 12 and up can be issued a State ID but if this child does not have a photo ID, I can not identify them properly therefore they cannot sign the Affidavit I am notarizing and they will not be able to do the actual interpretation.

Reply by PAW_Fl on 11/2/05 2:33pm
Msg #73733

>>> QUestion, since I will need proof of identity, is there an age limit for the interpreter? Do they need to be 18 and older? <<<

Why do you need proof of identity for the interpreter? Is this being required by the lender or title company? Reason I ask, is that I am not aware of any such requirement in the Florida statutes.

From the Governor's Reference Manual for Notaries:

For a person who does not speak English

§117.107(6), Fla. Stat.


The nature and effect of the document must be translated into a language that the person
does understand. The law does not specify that a written translation is required; therefore,
an oral translation is sufficient.


You may wish to add a statement in your notarial certificate that you have complied with
this requirement of the law: "I further certify that the nature and effect of the document was
translated for (name of signer) by (name of translator) prior to notarization."


You may also want the translator to sign the document and your journal.

Reply by lulu on 11/2/05 4:29pm
Msg #73805

According to the NNA Hotline a notary must have direct communication with the borrower. An interpreter is not acceptable practice.

Reply by PAW_Fl on 11/2/05 8:21pm
Msg #73858

The NNA does not write our statutes and manual. In FL, we are allowed to use interpreters. And there's no restriction on family members as an interpreter.

Reply by BrendaTX on 11/2/05 9:13pm
Msg #73864

Re: Interpreter - NNA is not official / is not the law !

**The NNA does not write our statutes and manual. In FL, we are allowed to use interpreters. And there's no restriction on family members as an interpreter.**

Paul, thank you for stating this as I know that many newcomers recognize your experience and expertise early on. I have been concerned at how many times the NNA has recently been referred to as THE GO TO PLACE for info on all things notary.

Not so, people. You need to go to your state law. THE NNA IS NOT THE LEGAL RESOURCE. YOUR STATE LAW IS THE ULTIMATE RESOURCE.

If you rely on the notary information on any source except your state law you are doing the wrong thing. If you don't have good rules in your state, that still does not make the NNA in charge of notary law for you.

It is not the NNA's legal responsiblity to tell you the correct answer on any notary issue. In fact, sometimes they will be vague so as not to practice UPL.

The NNA is not "OFFICIAL" in any way. It's just a membership organization just like your local chamber of commerce is a membership organization. It makes money and pays salaries by taking membership fees from people like us. They are not legally bound to serve us in any way except through their membership agreements with members...but that's a civil matter not a criminal matter. In other words, if they don't give us the correct answers, they are not punished by the law. If they give us wrong answers the only recourse we have is to sue them. So, unless you want to sue the NNA for bad info if you get a bad answer, don't depend on the NNA for telling you how to be a notary.

So, your very best way to get the answers you need as a notary is through your state's notary laws.

YOU need to find out what YOUR state's law says about your notary law. Do not depend on an NNA handbook.

For Texas there is a handbook that is about 10% pure Texas information. The rest is suggested practices according to the NNA.

I hope this clears up the misconception that many people have about the NNA being the last word in things notary. It's not...Your state law is.

Reply by Tyler Isenmann on 11/3/05 12:41am
Msg #73878

Agree w/Brenda--NNA is not official & not the law!LONG post-


I'll apologize in advance, I'm sorry this is long....this irks me though....

Thank you Brenda for saying what you did. Saves me SOME typing.

At my last count the NNA had approx 16,800+ members. At $45 for NNA membership and $39 for the Signing Agent Section Membership that comes to about, I don't know, in the range of,,,$1,411,200.00 a year in membership fees alone without one single product being sold.

And you would think they would be able to be consistant in when they print from one document they hand out for seminars to the next within the state. I have never gone to the NNA convention until this past year....thank god since I wasted the $700+ I spent for entrance fee and lodging and I will never go back!!!
I did though recently pay to go to a class they held in MN here and that was to evaluate what they are telling the notary publics in my state (my membership was up and even though I do not trust anythig they say and think it's a joke that they can't get it right, I have kept the membership because they spend some of that $1,411,200.00 on advertising and I do get calls where people say they have found me there....and I'm no marketing dummy)
Anyway...I listened to the speaker (who did speak very well, just needed to be correct with what she said) and time after time she would not give the COMPLETE information. For example...

NNA Rep said this: You can NEVER notarize a photograph.
True with JUST that said but that is also NOT true.
True you can't just notarize a photo, but false because you can have someone bring you a photo, write "this is a photo of myself." and the person can sign that statement and you can make a notarization for the statement and the photo becomes the document that holds that statement.
The NNA Rep should've at least gone on to say the rest of it, to not to is not being thorough.



Another example....

1st document...NNA Certifacation Course Book
Page 77 States and Jurisdictions WITH Journel Requirements

AL, AZ,CA, CO-Required for acks affecting the title to real property only, DC, Guam, HI, KY - Required for protests only, ME - Required for marriages only, MD, MN , MS, NV, ND, Northern Marianas, OH, Required for Protests, OR - Required except for oaths and affirmations, copy certifications and protests. A seprate record is required for protests., PA,TN, TX and Virgin Islands

2nd document....MN Notary Primer by NNA
Page 16 Keep a Journal of Notarial Acts

While MN notaries are not required by law to record every notarial act, the NNA recoomends that a complete and accurate journal entry be made for all notarial acts. ETC. ETC. more of NNA recommendations and NOTHING about what if any acts are nneding journal entry....again no clarification.

3rd example....Seminar Oct 19th by NNA in MN
NNA Rep says, MN Law requires you to keep a journel for protests only.

Well, the answer is...and I copied this from the MN Secretary of State's Notary Website Q & A page....

Is a journal required?
While Minnesota law does not require a journal, it is prudent of a notary public to keep one. The journal is to record all notarial acts performed, which could include the date and time of the act, the type of act, a description of the document, signature of each principal and circumstances for not completing a notarial act.


SO...go from Ex. 1 YES, MN requires a journal, to Ex. 2 NO, MN law does not require every natorial act to be recorded, to Ex. 3 YES you have to keep a journal for protests...that's 3 strikes in my book people....and I don't think I'm being harsh either. YES, NO, YES.
And it took me a grand total of what...1 minutes to get the correct answer if I hadn't known it already (meaning the NNA might have done some homework)

And to think our very own Mary Kiffmeyer(our Sec of State) boasts on our state site how proud she is to have partnered with the NNA for educating MN notaries.

yeah.


my point....PLEASE new agents....not take the NNA to be the almighty...unless it's having to do with the almighty dollar.

jmho

Reply by Tyler Isenmann on 11/3/05 1:08am
Msg #73881

sorry for typos...I hit send before checking it n/m

Reply by Bonnie_FL on 11/2/05 10:15pm
Msg #73868

Thank you for the info. I had an Affidavit the interpreter was to sign stating he as serving as the interpreter for blank name who was unable to read English, etc. and it had to be notarized by me so that is why I needed proof of identity from the Interpreter. Turns out he was in his 30's and had proper ID. I was just concerned that they were having a young child be the interpreter and I wasn't sure what to do about hte identity info since I had to notarize his signature on the affidavit.