Posted by Giselle_CA on 3/20/06 8:02pm
Msg #107225

For CA

I've just received a call from a realtor stating her client does not possess any type of ID. She went on to say her client is an illegal immigrant who can provide two cw's. I have never been asked such type of signing. Can you please comment on this? TIA.

Reply by SarahBeth_CA on 3/20/06 8:21pm
Msg #107231

Well if someone is here illegally couldn't performing sa duties and notarizing thier paperwork be facilitating the act of them living here illegally. To me it seems that it is conflict.

Reply by Giselle_CA on 3/20/06 8:26pm
Msg #107233

Thanks Sarabeth_CA for your comments. I am having difficulty knowing their status. I don't know if this might be a proper request for a loan signing.

Reply by SarahBeth_CA on 3/20/06 8:30pm
Msg #107236

Now I remember O'Riely having a segment on his show 6 months or so ago talking about loans for those from other countries possibly illegal immigrants. But if you think it through to the end of the process the slope is too slippery and I don't want to even put myself out there to even remotely look like I was doing something I shouldn't be.

Reply by Jenny_CA on 3/20/06 8:32pm
Msg #107237

the two CWs must provide proper ID both sign your journal and they must swear that they know the borrower by their name and that it's difficult for the borrower to provide the id.

Check out the CA handbook , I am paraphrasing here.

Reply by Giselle_CA on 3/20/06 9:01pm
Msg #107247

Yes, Jenny_CA, I know the CW's requisites. However, along with that it mentions:
"satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be..."

In this case, their status makes wonder if they might not be who they claim to be?

Reply by Jenny_CA on 3/20/06 8:27pm
Msg #107235

Re: Sarabeth,

perhaps I've missed this in my four years of being a notary public, but where does it say that we can not notarize for an illegal person or that we are the immigration police ( for lack of a better word)

As an sa I'd like to know where in the documents does it state that only legal citizens can be notarized?

Reply by Fp_CA on 3/20/06 8:32pm
Msg #107238

I will say that we are not INS Officers. If this person has two CWs with proper IDs, I do not see the problem. In my manual doesn't say "Illegal person" in any of the pages.

Reply by Brenda/CA on 3/20/06 9:00pm
Msg #107246

I would call the SOS in regards to this situation. I would question that an "illegal person" would have the right to conduct business in the United States. How can I legally ID a person that is illegal with or without a cw? This is just my being cautious, and jmho.

Reply by Giselle_CA on 3/20/06 9:03pm
Msg #107249

Thank you, Brenda/CA. I think you are absolutely right. This is a questions for the SOS. Eventhough we are not the INS police, etc., we should show reasonable care when performing such duties.

Reply by Ldd6002_CA on 3/20/06 8:59pm
Msg #107245

If in doubt call the SOS office. Better safe than in Jail.

Reply by Ldd6002_CA on 3/20/06 9:02pm
Msg #107248

does the person have resident status?

Reply by Giselle_CA on 3/20/06 9:04pm
Msg #107250

No, not at all. I was told they are illegal immigrants and banks are allowing loans for them nowadays.

Reply by SarahBeth_CA on 3/20/06 9:39pm
Msg #107256

A call to the SOS is definately in order. Just because a bank will give a loan doesn't mean that the nsa isn't put in a questionable possition. Will you call the SOS and see what they have to say? I'm not saying I am right, what I am saying is following the law is of the utmost importance. Could knowingly helping facilitate someone whos status is illegal go against ethics. I would rather know for sure before performing the job.

Reply by Giselle_CA on 3/20/06 9:13pm
Msg #107252

Thank you all for your responses! n/m

Reply by Fp_CA on 3/20/06 10:08pm
Msg #107264

Re: Thank you all for your responses!

Please let us know when you call SOS.

Reply by Glenn Strickler on 3/20/06 10:47pm
Msg #107269

I had a similar situation some weeks back and ....

I put my personal feelings about persons who are breaking federal law (and that's what they are doing) and thought I would keep an open mind so I called my attorney. I don't really want to post what his advice was, however suffice to say, I did not do the signing even though I was offered $500 to do it and amazingly enough, they just happened to have two cw's available. My advice is call your attorney and explain the situation to him. Your particular situation may be different.

Reply by Giselle_CA on 3/21/06 12:53pm
Msg #107403

Re: Thank you all for your responses!

Instead of calling them, I decided to email them. I would like their thoughts on this in writing. I will keep you updated. Thank you all for your responses/thoughts on this.