Posted by Sylvia_FL on 5/25/07 4:11pm
Msg #192049

Asked for copy of my comission etc!

A lady stopped by for a notarization on a POA. I notarized her signature, then she showed me a paper which stated that if the document was notarized outside the office of Majestic Title, then the notary had to supply a copy of the notary license and a copy of notary ID. Also verification from the notary's employer!
I declined! I said if they needed to verify my commission they could check with the SOS, and I don't hand out copies of my DL to anyone, and I am self employed. The lady said she used to be a notary and she understood.
I have never been asked for a copy of my commission and ID before when doing general notary work.

Reply by MMN_CA on 5/25/07 8:49pm
Msg #192079

Wow, never had that happen before. But did have someone tell me their TC required them to send a copy of the notaries $100K E&O or they couldn't use that notary and would have to redraw docs if the BO signed w/anyone who didn't comply. I just think these are ways the TCs encourage an in house notary.

Reply by PJM/MI on 5/26/07 6:39am
Msg #192122

I've had a couple of bo's ask to see my ID, comm, etc. No problem there.
As for the $100,000 E&O... if you are sued (Heaven forbid), your E&O co may have to cough up the entire $1000,000.

Reply by Sylvia_FL on 5/26/07 8:20am
Msg #192129

I don't have a problem showing a signer my ID and commission. I just won't send copies of them to others.

On the E&O insurance, the E&O we get as notaries only covers notarial acts, doesn't cover the signing agent portion of the signing, only errors on the notarized docs.

Reply by kathy/ca on 5/26/07 11:00am
Msg #192172

Sylvia, what KIND of "errors on the notarized docs"?

Outside of our notary certificate, what would be an example? Have a great weekend and love to our troops!

Reply by Sylvia_FL on 5/26/07 12:30pm
Msg #192187

Re: Sylvia, what KIND of "errors on the notarized docs"?

It would be errors in notarizing. Not the contents of the docs. Read your E&O policy

Reply by kathy/ca on 5/26/07 12:59pm
Msg #192192

I know E & O covers notary mistakes but as far as loan

signing errors go, what could we be held responsible for? I ask this because we always refer to our E & O insurance covering ONLY notary mistakes but what else is there we could be sued for?

Reply by Sylvia_FL on 5/26/07 1:55pm
Msg #192200

Re: I know E & O covers notary mistakes but as far as loan

Kathy
We hear on this forum often where a signing agent has had to go out to redo a signing that another notary screwed up. Those screw ups may cause a borrower to lose their lock in rate or cause other problems that the notary can be held liable for.
We know some notaries back date, which if the borrower decides to cancel can create a problem, borrower decides to cancel on the actual 3rd day of rescission, but because the notary backdated to accomodate the lender, the RTC had already expired. Notary can be sued for this and any other errors he/she made during the signing.
I once hired a signing agent for a Friday signing. She did the signing, but did not notarize the docs at the time of the signing, she intended to sign and seal the certificates when she got home before shipping the docs. (This is a big NO NO).
When she got home, she couldn't find her seal, it had fallen out of her bag at the borrowers. Borrowers had left town right after the signing. They were going away for the weekend.
She was very lucky that the borrowers returned home Sunday night, and because there was no courier pick up in her area on a weekend, she couldn't drop the docs until Monday. She had to go back to the borrowers early Monday and get her seal so she could seal the docs and ship them out.
Had the borrowers been going out of town for a week and not just a weekend, she could not have retrieved her seal, signed docs would have been no use without the notarizations, so borrowers would not have got their loan at that time. The notary would have been sued!
(I have not used that notary again).
This is just one instance where a notary can be held responsible, and her E&O would not have covered her. She would have probably forfeited her bond and would have to repay the bonding company, just for starters.

Reply by kathy/ca on 5/26/07 2:19pm
Msg #192202

Great example Sylvia which shows that only very focused,

responsible individuals should be doing this line of work. On the other side of the coin, we sure do meet a lot of very nice, interesting people. Have a great Memorial Day weekend and love to our troops!

Reply by Sylvia_FL on 5/26/07 2:24pm
Msg #192204

Re: Great example Sylvia which shows that only very focused,

Yup - I cringe when I see posts from brand new signing agents, who have never even had any notary experience, posting they are doing their first signing and they need help.

They need to have experience with general notary work, and learn the loan docs and not practice on borrowers.

You have a great Memorial Day weekend too - and I support our troops and am thankful for their service. Not forgetting those who have given their lives for our freedom.