Posted by NCLisa on 6/12/06 6:59pm
Msg #125472

TC's never cease to amaze me...

LFC scheduled a closing with me last week for 6pm this evening. 41 miles one way, which was fine, because I had something to do that was more than 1/2 way there. I could never get in touch with the borrower, we played phone tag. I get to the closing about 15 minutes early. I start to set up, and say the first thing I need is to see your id's for the notary. Mrs. tells me that it was a requirement that she fax a copy of her dl to the lender, and she explained to the lender at that time that her husband was a stroke victim and they'd never gotten him an id. Mrs. tells me that she discussed this in length with lender and TC and they said it wouldn't be a problem. I get LFC on the phone, and she wants to know why I can't use a SS card or birth certificate to id him. I explain that I must have a government issued picture id of some sort. She says your in NC, are you sure? I actually started laughing and said yes I am sure, and YOU know that I was not the notary to send out here if you wanted something illegal done, I'm the one you send out to fix problems, not make them. She tells me she'll call the lender in the morning and get back to me. I told LFC that I would be getting 100% of my fee for this, since they KNEW the scenario in advance and wasted my time.

I explain to Mrs. that she needs to get hubby to DMV for an id card, and she complains how hard it is for him to get in and out of the car.

Reply by NotaryGalCa on 6/12/06 7:37pm
Msg #125484

That certainly is a doozie Lisa. You did the right thing though. I don't think there's any end to the lengths that TCs as well as SSs will try to get us to go to just to make sure the loan closes. I've only been in this business for a few months and alreadly have some stories that will curl your hair.

Reply by BrendaTx on 6/12/06 8:02pm
Msg #125486

Texas educational rules say this:

A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of: (1) the date of each instrument notarized; (2) the date of the notarization; (3) the name of the signer, grantor, or maker; (4) the signer's, grantor's, or maker's residence or alleged residence; (5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, >>>>>or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker;<<<<<<


AND

If the signer is not personally known by the Notary Public or >>>>>identified by a credible witness,<<<<<< the Notary Public must use an identification card issued by a governmental agency or a passport issued by the United States to identify the signer.

===================
Hmmmm....so if the notary deems the wife credible, then according to the rules the wife could introduce her husband to the notary.


Yes, I realize that it SHOULD NOT be a party to the transaction but it doesn't say this in the notary rules.

Never have run into the problem.

I HAVE allowed the doctor's staff to provide me their ID for the book and introduce the doctor, however who has left his ID out in his truck. There is no reason why I should not according to the rules.

However, for the sake of knowing, I think I will do some research on the loan document scenario.

Reply by NCLisa on 6/12/06 9:18pm
Msg #125496

In NC a credible witness is supposed to be personally known to the notary.

This is one thing that drives me nuts, if you look at ways for NC notaries to verify Hurricane Katrina victims, it says they can use shelter managers as credible witnesses, but if a credible witness must be personally known to the notary, how does that work? How long do you know someone before they are personally known to you? I did ask the SOS that question a few months ago, and the reply I got was less than satisfying. The email reply stated that someone that is "personally known to me" is an acquaintence, and over the phone I was given 2 different answers by 2 different people, one said that it was "someone that had already proved their identity to me was then personally known to me", and the other said that it had to be "someone that I had met on more than one occasion".

Reply by PL on 6/12/06 9:22pm
Msg #125498

10b(3) #22 of NC notarial regs say

You did it right.
1. Have an ID
2. Have someone who is not tied to the transaction vouch for the person.
Congratulations on following the law.

Reply by BrendaTx on 6/12/06 11:44pm
Msg #125533

**In NC a credible witness is supposed to be personally known to the notary. **

I think that is what they want in Tx also, but they need to say so. I don't want to change the rules...just don't want to be yelled at for not following them...actually, I don't even care if I get yelled at anymore. If my gut tells me no, I don't.

I just say, "That's an interesing view." You cannot argue with an angry person or someone doing the "bully" move.

Reply by SusanOH on 6/13/06 6:07am
Msg #125553

I once had a gig where the title company worked for a specific builder. I actually interviewed for the contract position with the head guy from the title company, didn't know he was an attorney at the time until later. Oh and these would have been all purcchases, well anyway we got on the subject of ID's one day and he actually told me that a Sam's Club Card was allright to use for ID. I said maybe you want to take that risk but I do not. I did two closings for them and that was it. He said the lender didn't care and I of course said that I did .

Reply by NCLisa on 6/13/06 7:01am
Msg #125559

Attorney's are the worst in NC. They are not required to take the notary classes, and make up their own rules as they go along. I was helping out this one attorney for a few weeks, and am so happy that I did not tell him I was a notary. He'd done all these closings in the last 2 weeks, and had them piled on the floor because his "notary" had quit a couple weeks before. I asked if his notary was ever present when the borrowers signed, and he said "ofcourse not". So he had someone that worked for him years ago, come in and notarize all the loan docs and send them back to the lender.

I worked at another law firm where there were 5 attorneys, we did all builder closings. All 5 attorneys were notaries, but they would not notarize any docs during the closing, they had the post closing paralegal notarize every closing in that place, and ofcourse she was not present to see anyone sign anything. On the last day of the month, we normally did 40 closings that day so there was no way she could have found time to walk into a conference room anyway. They finally got their hands slapped by the SOS. The paralegal didn't lose her commission because the lead partner had told her that she would lose her job if she did not notarize all those docs.