Posted by JamesLee/VA on 8/20/07 3:49pm
Msg #206673

Strange closing..Advice?

Ok..just got a call from a SS. They have a closing where the borrower will not let me see them.
Apparently he was in a fire and is very sensitive to people seeing his face. The wife wants me to let her sign and then take the papers back to him to sign in a different room.

How can we do this legally. Did not find anything on the orange button.
Im thinking a POA but doesnt someone have to see this or at least there needs to be a credible witness?

Thx
JLee

Reply by Sylvia_FL on 8/20/07 3:54pm
Msg #206675

You cannot do it legally!

If it is a signing by POA then it would have been preapproved by the lender and you would have been told it was a POA signing.
You have to be able to positively ID the signer and the signer has to be in front of you for you to notarize their signature.

Reply by Philip Johnson on 8/20/07 3:56pm
Msg #206676

The state says no can do.

Page 5 of http://www.commonwealth.virginia.gov/OfficialDocuments/Notary/notaryHB2007.pdf

Says you must never accept the word of a third party on a signature.

Reply by CJ on 8/20/07 3:57pm
Msg #206677

It may be true, but it could be a ruse.

I think it is best to stick with the rules. You have to SEE him, or it has to be done Power of Attorney.

If this is a ruse, then who will hang for it? YOU!

One time the wife wanted to run into the back room to get the Grant Deed signed. She brought out the ID, and said he was too ill to come out. How did I know anyone was back there? I said I was happy to go into the back room, but she didn't want me to. How can I verify that the correct person signed it if I don't know who is back there? Maybe the guy is dead, and she is fixing the will, and going to forge the signature. I stuck to my guns, and he had to come out. He signed it in a huff and went back. Fine. I know for sure that HE signed it, and I was not going to go to jail for being some part of a scam.

Reply by Emilia/NJ on 8/20/07 3:57pm
Msg #206678

Don't do it. If you can't see the borrower, to confirm ID with signature, it is an illegal act.

Reply by JamesLee/VA on 8/20/07 4:10pm
Msg #206683

Thanks Guys!! I may have to turn this one down. This place is great!!

Reply by Sylvia_FL on 8/20/07 4:43pm
Msg #206690

James, No "May have to turn it down" You have to!

There is no way you can legally do what they are asking.

Reply by JamesLee/VA on 8/20/07 5:17pm
Msg #206702

Told them do a POA.Let another notary do the POA first n/m

Reply by BrendaTx on 8/20/07 4:08pm
Msg #206682

Re: Strange closing..Advice? James, you cannot do it

You need to see the person put the mark on the paper and ID them.

Period.

Reply by Todd/OH on 8/20/07 4:48pm
Msg #206692

Even a POA has to be notarized to use it n/m

Reply by LisaWI on 8/20/07 5:34pm
Msg #206704

Re: Even a POA has to be notarized to use it

Big Red Flag up here. I had a signing once where I couldnt go right by the wife, she was on a breathing machine, but when I explained to the husband that I had to witness her signing the document by law, he allowed me to watch her sign the docs by the doorway. She was truely in bad shape. He carried the docs in while I watched at the doorway. The husband thanked me for being considerate and also for following law.
This is a situation where you just dont know what is going on til you get there. Its a gamble. This might be the true situation, but you have to stand your ground which you did. Good for you.

Reply by SueW/Tn on 8/20/07 8:41pm
Msg #206722

I had one like this a few months ago, Mr. Borrower had been in a fire, burned over 90% of his body. HOWEVER, Title explained to him that I was a professional, that they had informed me of his past injury and GUARANTEED there would be no problems. They let him know that no one would be able to conduct the signing per his request and he finally said ok. I was a bundle of nerves and quite honestly ID'ing him from his DL was difficult. He was very gracious, we got through it and I'm a better SA because of him. It's just all in how Title explains the mechanics.

Reply by Nick/MD on 8/20/07 10:38pm
Msg #206725

no way, if you don't see them, they shouldn't sign, unless of course the title company has approved a POA... this happened to my friend last week, the man wouldn't let her see the wife and he wanted to carry the papers upstairs, she said no way...