Posted by Raimond on 3/27/06 11:43pm
Msg #108946

Can a interpreter be used in California?

My gut told me no!

I left a signing that the wife spoke no english and I did not speak her language.

I refused to complete the signing and called the SS before leaving the table, but got no one on the afterhours number. I parked down the street and called the LO. They wanted me to return and complete it..... Imagine that!

After an hour of calls from my car I got home and found in my training manual a statement that says "At no time is an interpreter to be used to communicate between the signer and the Notary Public."

The SS offered me another trip fee to return to the borrowers and complete the assignment.

Any input on this? Was I right? Wrong? or in a gray area....

TIA

Looking forward to hearing from all the good folks that know!

Reply by CaliNotary on 3/27/06 11:44pm
Msg #108948

NOOOOOOOOOOOOOO

you were 100% correct, that's totally illegal to do in CA.

Reply by Jenny_CA on 3/27/06 11:47pm
Msg #108949

Re: Double Ditto! n/m

Reply by Raimond on 3/27/06 11:49pm
Msg #108950

One more thing.... they (the SS & the LO) wanted me to use the husband as the interpreter.

Both were on the DOT and the note...

Reply by CaliNotary on 3/28/06 12:09am
Msg #108952

Ray, do you really think it matters? This is something you really should have already known (or been able to look up on the spot) by virtue of being a notary public. We don't make decisions based on our instincts, we have to go by what the CA notary manual says. And I can guarantee you that the section on interpreters doesn't include anything specific to real estate loan documents.

Get a copy of the notary manual and stick it in your bag so you'll have it with you at all times. You'll rarely need it, but it's nice to have when a situation like this comes up. And it's also nice to be able to read verbatim to the LO or SS who is trying to tell you otherwise.

Reply by John_NorCal on 3/28/06 12:27am
Msg #108957

Re: Straight from the 2006 hand book.......

under Foreign Languages:
.....When notarizing a signature
on a document, a notary public must be able to communicate with their customer in order for
the signer to either swear to or affirm the contents of the affidavit or to acknowledge the
execution of the document. An interpreter should not be used, as vital information could be
lost in the translation. If a notary public is unable to communicate with a customer, the customer
should be referred to a notary public who speaks the customer’s language.