Posted by yoyo on 9/10/05 9:22am
Msg #64533

Notarize Spanish Document

I got a message on my answer machine, someone that needs a document notarized and the document is in spanish. Do I need to translate the doc? If I can't translate the doc shouldn't the person know what they are signing? What should I charge? This is my first doc that I'm notarizing besides Loan Docs.

Reply by DogmongerCA on 9/10/05 9:26am
Msg #64534

What State are you in???

It greatly effects the answers given. If in CA, refer to your 2005 California notary Handbook, page 16, third paragraph under Miscellaneous provisions

Reply by yoyo on 9/10/05 9:31am
Msg #64536

Re: What State are you in???

Pennsylvania

Reply by DogmongerCA on 9/10/05 9:33am
Msg #64537

If your state has a Notary Handbook issued by the SOS

I would refer to the hard copy, or perhaps go to your SOS website

Reply by Barry Silver on 9/10/05 4:17pm
Msg #64581

Re: Notarize Spanish Document-Refer to the Basics

Please identify the state you service. Most states' notary laws require the notary to be certain the signer is aware of what he is signing. If the person is bi-lingual, then the notary should be able to speak the signer's language to make certain the signer understands what it is he is signing.

You may choose to read the document (In Florida, Notary Law says we must read to a blind person verbatim-no explanation allowed) to the signer (if the document is in the signer's language) if the signer can not read. My PERSONAL advice, not knowing which state you are servicing, is do not paraphrase or explain anything in the document as that might be construed as the Unauthorized Practice of Law (UPL). Just to tie things together, this might be where you make certain you have E&O insurance.

Reply by TitleGalCA on 9/10/05 7:05pm
Msg #64601

Re: Notarize Spanish Document-Refer to the Basics

In my state it is NOT necessary to speak the language of the signer. The notary must only be able to identify the document, be mindful of the completeness of the document, and explains the notary is not responsible for the contents. No where does my state (CA) require that the notary makes certain the signer understands the documents.

The original poster should check with their states requirements for notarizing documents in another language.

Reply by Barry Silver on 9/10/05 10:38pm
Msg #64614

Re: Notarize Spanish Document-Refer to the Basics

TitleGalCA is correct in one respect here as the notary handbook, unfortunately (to me) has a double meaning; the notary is not required to speak the language of the signer in CA; however, CA Handbook for Notaries, page 16, General Information, Miscellaneous provisions (4th bulleted item) basically says that the notary public must be able to communicate with his customer in order for the signer to be able to swear or affirm the contents of the affidavit or to acknowledge the execution of the document. The handbook also advises against the use of an interpreter as "...vital information can be lost in the translation."

It goes on to advise/say, "If the notary public is unable to communicate with the customer, the customer should be referred to a notary public who speaks the customer's language."

To me, the CA policy/law is somewhat ambiguous & vague at best. How can a notary public who does not speak the language be certain the signer who speaks another language understands that which he is swearing/affirming or acknowledging and still be certain to follow the law?

But as I said previously, please check the laws of your state.

Reply by JanetK_CA on 9/10/05 11:02pm
Msg #64622

Re: Notarize Spanish Document-Refer to the Basics

I think you are misunderstanding what the CA handbook says. As I interpret it, the notary SHOULD speak a/the language of the signer. How else would they be able to communicate with them without an interpreter? In other words, if the signer is bilingual, the notary only needs to be able to communicate with them in one language in common.

What I believe is not necessary is for the notary to be able to understand the language of the document. We are not concerned with the contents, simply that the signer either clearly swears or affirms to it or acknowledges that they signed it, as is required. Big difference, IMO. I totally agree, however, that each person needs to conform with their own state laws.

Reply by Barry Silver on 9/11/05 1:51am
Msg #64643

Re: Notarize Spanish Document-Refer to the Basics

This is why I believe the CA handbook is ambiguous. The handbook specifically stated the notary does not have to speak the signer's language, but must be able to communicate with the signer to be certain the signer knows he is swearing, affirming, or acknowledging. CA recommends against the interpreter, so how else can the notary be certain?

CA handbook, in this case, quotes no statutes regarding this particular issue, thus it makes it challenging for the notary to know if he is doing the correct thing. Of course, I live by the rule, when in doubt, don't stamp!

Worst case scenario...Notary believes he understands the foriegn language speaker knows what he is doing and notarizes the documents. Sometime down the road, the foriegn speaking signer sees a lawyer, for any number of reasons (let's say he changed his mind and does not want to be party to what was notarized), and the notary is served with a lawsuit, and a complaint is made to the SOS. Signer claims that the notary did not speak his language thus he did not know what he was signing.

Here's a question for the lawyers on the site; How does the notary, who can not prove that he could communicate with the foriegn speaking signer protect, defend himself and win his case?

If several people read that section and walk away not being able to understand the same thing, the language is ambiguous & vague. Here is the kicker! Let's say the signer is suing the notary who has that debatable 100K E&O insurance policy. The rule of insurance in the legal system is, if the policy is vague, the plaintiff wins the suit. Now how will the CA court decide in a case like this win it is the Notary State Handbook that is vague?

Reply by OnTheGoInFla on 9/10/05 6:07pm
Msg #64593

I am not sure if you speak spanish or not but In most cases you do not have to read or understand the document. Only the signer needs to understand it. You would want to make sure that you understand your statment of notarization. Is it an affidavid, a jurat etc. This is not meant to be legal advise check your local Notary guidelines . As far as what to charge. It depends on what your state allows. And add to that a trip charge depending on distance.

Reply by Charles_CA on 9/10/05 8:01pm
Msg #64605

The question re charging for foriegn language docs

really bothers me. I am multi-lingual and I charge everyone the same. I don't do anything different in any of the languages I use and the signer is paying the fee regardless of who cuts the check. Why penalize a person just because they do no not speak English. If you are truly bi or multi-lingual it should not be any additional effort on your part. I've seen this question asked several time and it really bugs the heck out of me. I can see it now as the multi-lingual notary rubs their hands together in glee "Heh, heh, they don't apeak English, lets really stick it to 'em, after all what are they gonna do argue?"

Reply by Barry Silver on 9/11/05 9:50am
Msg #64658

Re: The question re charging for foriegn language docs

I never thought of it this way, but I understand now that it could be interpreted this way. I have found that jobs which require someone who is bilingual usually do pay a bit more. It is not so much sticking it to someone as it is paying for the skill of being bi-lingual.

IREP pays many of its ILSs a flat $75.00 fee for a signing, but if a bilingual ILC is required, that person is paid $100.00 for being a certified bilingual ILC.

I'm not saying this is wright or wrong; I'm just offering a different perspective.