Posted by LisaWI on 9/26/05 9:29am
Msg #67323
Need quick help
I have a signing this morning where the borrower only speaks a little English. After speaking with the brother in law from California, he says the borrower knows what she is signing. Now as a notary, am I liable for any documents that dont contain acknowledgements or jurats? Do I need to make sure that she understands what she is signing? I believe this is a Quicken Loan, so there isnt any oaths to administer. Probably just the acknowledgement on the Mortgage. But I am a little nervous about this whole thing. Im beginning to think I shouldnt have taken this assignment.
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Reply by PAW_Fl on 9/26/05 10:03am
Msg #67326
>>> Now as a notary, am I liable for any documents that dont contain acknowledgements or jurats? Do I need to make sure that she understands what she is signing? <<<
This is neither legal advice nor legal opinion.
As a "Notary", you are not responsible for the content of any document, nor responsible for ensuring that the signer fully understands documents that they sign and you don't notarize. However, you may be responsible as a "Signing Agent", under contract (directly or indirectly) to a title company and/or lender. Especially when it comes to UPL, the bar associations do not limit that scope to notaries, but very broadly to non-attorneys. The title company/lender expect the signing agent to be able offer some explanation and understanding of the documents to the borrower. But be very careful in your explanation. Do not go into specifics, like why their interest rate is what it is, don't offer comparisons with other loans. Limit your explanations to the purpose of a document, i.e. what it is for, and showing them the specifics as need be, such as the interest rate, term, payment due date, etc.
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Reply by NY_TaxLady on 9/26/05 10:31am
Msg #67331
If it is a Quicken loan it has been explained by the lender. I find that with their loans the bwr is knowledgable to what they are signing. As Paw said just point out interest rate and terms, the payment date and RTC.
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Reply by LisaWI on 9/26/05 12:09pm
Msg #67353
Just got back
Just got back from this signing. The borrower was unsure of what she was signing. I only pointed out the key terms, and she didnt want to sign because she was misunderstanding. And as far as a Quicken LO explaining this to her, no that did not happen. The communication from the LO was all being done by her son-in-law from California. Her grandson and other son were physically at the signing and telling her not to sign. It was a confusing situation and I am not the one who persuaded her not to sign, but the son and grandson were. They are going to try and get a local Real Estate Agent to help her understand this. He speaks their language.
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Reply by LisaWI on 9/26/05 2:29pm
Msg #67400
Re: Going back out?!@#
Now the son of the borrower called me and said she might sign ( I had left my phone numbers for them if they changed their minds). So I might be going back out after all. I love my job........I love my job.........I love my job. 
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Reply by Charm_AL on 9/26/05 2:56pm
Msg #67409
Re: Going back out?!@#
I'm sure you called the SS and let them know there's a trip fee and your signing fee for the run-around.
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Reply by LisaWI on 9/26/05 4:00pm
Msg #67422
Re: Actually....
The girl at the SS told me I have been thru enough, and I am getting paid for both trips, full fee each. Bonus!!!!!! I love my job
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Reply by Stephanie_CA on 9/26/05 4:04pm
Msg #67423
Re: Going back out?!@#...She might sign...?
Is it really worth going back out if she might sign & poersonally I would feel uncomfortable with being involved with this particular signing....she does not speak English well enough for you to have a conversation with her. It sounds like she is being manipulated to sign/to not sign.
When you were there initially she did not want to sign - was confused. That would be enough for me. It seems to risky in my opinion.
**Although we are to be there for the borrower, it is in their best interest if we use caution.
I can't imagine that these docs are so time sensitive that it is a "do or die" sign today.....let the signer completely understand prior to having her sign. If the Lender wanted to close before month's end - that's just to bad.
As a Notary Public we are there to protect signers and prevent fraudulent activities.
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Reply by Stephanie_CA on 9/26/05 4:04pm
Msg #67424
Re: Going back out?!@#...She might sign...?
Is it really worth going back out if she might sign & poersonally I would feel uncomfortable with being involved with this particular signing....she does not speak English well enough for you to have a conversation with her. It sounds like she is being manipulated to sign/to not sign.
When you were there initially she did not want to sign - was confused. That would be enough for me. It seems to risky in my opinion.
**Although we are to be there for the borrower, it is in their best interest if we use caution.
I can't imagine that these docs are so time sensitive that it is a "do or die" sign today.....let the signer completely understand prior to having her sign. If the Lender wanted to close before month's end - that's just to bad.
As a Notary Public we are there to protect signers and prevent fraudulent activities.
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Reply by Stephanie_CA on 9/26/05 4:04pm
Msg #67425
Re: Going back out?!@#...She might sign...?
Is it really worth going back out if she might sign & poersonally I would feel uncomfortable with being involved with this particular signing....she does not speak English well enough for you to have a conversation with her. It sounds like she is being manipulated to sign/to not sign.
When you were there initially she did not want to sign - was confused. That would be enough for me. It seems to risky in my opinion.
**Although we are to be there for the borrower, it is in their best interest if we use caution.
I can't imagine that these docs are so time sensitive that it is a "do or die" sign today.....let the signer completely understand prior to having her sign. If the Lender wanted to close before month's end - that's just to bad.
As a Notary Public we are there to protect signers and prevent fraudulent activities.
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Reply by Stephanie_CA on 9/26/05 4:04pm
Msg #67426
Re: Going back out?!@#...She might sign...?
Is it really worth going back out if she might sign & poersonally I would feel uncomfortable with being involved with this particular signing....she does not speak English well enough for you to have a conversation with her. It sounds like she is being manipulated to sign/to not sign.
When you were there initially she did not want to sign - was confused. That would be enough for me. It seems to risky in my opinion.
**Although we are to be there for the borrower, it is in their best interest if we use caution.
I can't imagine that these docs are so time sensitive that it is a "do or die" sign today.....let the signer completely understand prior to having her sign. If the Lender wanted to close before month's end - that's just to bad.
As a Notary Public we are there to protect signers and prevent fraudulent activities.
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