Posted by Anonymous on 9/25/05 10:24am
Msg #67224

CA Notary that works for a Builder

I work for a builder and also am a Notary. I have been asked by our title company if I would like to do the signings for our buyer's, as they are short handed and cannot sign our buyer's. My boss thinks it might me unlawful, but I told him that I am not a party to the transaction, do you all agree? What if anything, is wrong with this????? I am an employee of the builder (seller) and our mortgage company is different, these are the loan docs from our mortgage company, in which I am not an employee of! HELP!!!!!

Reply by TitleGalCA on 9/25/05 10:37am
Msg #67227

Anon, will you email me? I have some thoughts on your question and would like to share offline

Reply by TCMN on 9/25/05 10:40am
Msg #67228

Not sure on CA, but unless YOU specifically are in a "vested" interest (meaning you are getting a value in the transaction) then it WOULD be a conflict of interest.

Example: You are the sales person for the builder and you get a commission or bonus for the sales of homes when they close. That is a definate CONFLICT for you to notarize the transaction.

BUT, if you are the office mamager who gets an hourly wage to do accounting or schedule the job-supervisors or answer the phones, etc. and get's NO benefit if it closes or not (your getting you $18/hr either way- unless the builder goes out of business because nothing is closing, jk), then there is NO conflict for you doing the job.

I know this because I to work with builders, a buiklder, etc. I'm also in real estate for one of my careers.

jmo

Reply by Jon on 9/25/05 11:29pm
Msg #67287

Based on the info you gave, no conflict according to Ca law.