Posted by marko727 on 2/9/06 4:32am
Msg #95721

notarize your own notarizing?

What do you guys think of this: I accepted a signing with Vital Signings a couple weeks ago. One of the documents they require their notaries to complete is called a Borrower's Certification of Notary Duties. In it, the borrower attests to the fact that the notary (me) has done his duty correctly (that I have provided the borrower with a copy of the entire loan package, that I have given the borrower a copy of the TIL and the RTC, and that the dates were correct). I am then to witness the borrower's signature and notarize the document.
Does anybody see anything wrong with this requirement? I did not feel comfortable notarizing a document that discusses my own notarial duties, and told Vital Signings I would not notarize it. They then told me that it is their policy that unless the document is completed, they would not pay me for the already completed signing.

Reply by cmd_NH on 2/9/06 5:03am
Msg #95725

I don't know where you are, but in NH we can't notarize our own signature or anything that we have an interest in. Ethically, I do not notarize anything for family members either. I would have refused also. Notarizing a document that states yourself as the one who performed the duties seems to me a conflict. JMO

Reply by marko727 on 2/9/06 5:25am
Msg #95727

I'm in Georgia.

Reply by cmd_NH on 2/9/06 8:03am
Msg #95749

Re: PAW?

So am I understanding that because this is not a document that shows you have an interest in anything, ( it's just verifying that the copies were given to borrower), that it would be okay to notarize? I sometimes go overboard just to make sure there isn't a conflict.

Reply by PAW_Fl on 2/9/06 8:44am
Msg #95755

Re: PAW?

"The notary has no beneficial interest in the transaction." That's the key phrasing. It does not relate to anything the notary does for the signer(s), as it is the signer(s) that is declaring that certain things were accomplished by the notary signing agent. It's the same thing, sort of, as witnessing their signatures on other documents, like the mortgage. You don't have a beneficial interest in the transaction, but your are specifically identified as 'witnessing' the transaction being signed.

Reply by cmd_NH on 2/9/06 8:52am
Msg #95756

Re: Thanks PAW! nm

Reply by PAW_Fl on 2/9/06 6:08am
Msg #95730

First, you must remember that you are not notarizing a document. You are notarizing the **signature(s)** on the document. It is the signers who are attesting that certain things were done and you are to notarize their signatures accordingly. The content of the document is immaterial. (It doesn't make any difference that it says you did your job or not. That's not what you're notarizing.)

Second, if there is anything that needs to be "completed", it needs to be done by the signers of the document, not the notary. Again, the document is a statement being made by the borrowers, not the notary.

Therefore, I see nothing wrong with notarizing the signatures on the document as long as the signature is not yours.

Reply by Bob_Chicago on 2/9/06 7:03am
Msg #95738

Agree with Paul, but one further thing.

If any statements in the document are known to you to be
untrue, (eg: you did not give bwr a copy, you did not
give bwr a RTC, TIL , etc.) then you would be notarizing
a document that you knew to be false, which is if course a
najor no-no

Reply by LawrenceOK on 2/9/06 6:43am
Msg #95735

Re: I agree with Paw/Fl

I have done several of these for Vital. This is for the borrowers to attest to and you may notarize it.

Reply by SarahBeth_CA on 2/9/06 10:59am
Msg #95795

Re: I agree with Paw/Fl

Boy am I on the fence with this one. Although I appreciate what Paul is saying I think it would be very interesting if we all called our SOS and got thier opinion on it.

Here's my over analysis. Is your name printed or does it just say Notary. Also those are not notorial duties; those are the duties of the SA. I personally would be extremely leary of notarizing such a document as I am mentioned in it. I am thinking along the lines of when we discuss our payment of fees being contingent on whether or not the borrower signs the docs. It feels like a conflict to me. However I am not an attorney. I could be completely wrong as this is just me thinking about this. And I believe different states SOS's will have different answers.

Could we all take it upon ourselves to contact our SOS's and get thier take on it. I bet you anything we will get different answers from different clerks even in the same state. I will call later this afternoon.

Brenda_TX would you consider calling your SOS also? pretty please.

My hubby made the coffee this morning. I usually mix a half caff pot. I think he did more regular because I have got the jitters real bad and feel as if I'm on the verge of an anxiety attack. So if I sound like a quack you'll know why. QUACK QUACK QUACK.