Posted by Regal/NC on 4/23/07 4:52pm
Msg #186566

Obtaining signatures

Documents arrived to late for today's appointment. I was asked to back date, I refused. Then I was asked to get documents signed tomorrow but have borrower enter today's date. No notarization required. Would you take this assignment?

Reply by ZeeCA on 4/23/07 4:54pm
Msg #186567

you are not notarizing or witnessing.. just acting as a clerk... so.....

Reply by Regal/NC on 4/23/07 5:00pm
Msg #186569

Thats the beauty of it, full fee to act as a clerk. I think I will check the filing with the ROD after the recording.

Reply by PAW on 4/23/07 6:09pm
Msg #186578

Knowing that it would be impossible for the signatures to be properly notarized on the documents, the NSA, even though he/she did not perform the notarizations, could be cosidered a party to intentional fraud. If I was asked to "just have them sign", I would refuse, so as not to implicate myself in the transaction in any way, shape or form.

Though you are not "notarizing", you certainly would be "witnessing" and abetting the lender and/or title company in a possible fraudulent act.

<<insert standard non-attorney disclaimer here>>

Reply by Larry/Ca on 4/23/07 6:22pm
Msg #186583

Are they asking you to have the DOT......

signed but not to notarize those signatures?

Reply by Regal/NC on 4/23/07 6:32pm
Msg #186586

Thanks 4 the replies!

I will be passing on this debacle. As noted, I would be aiding and abetting an illegal act.

Reply by NCLisa on 4/23/07 10:02pm
Msg #186619

I had a company ask me to do that last week.

I wonder if it is the same TC. I refused.