Posted by g/ca on 10/11/07 9:43pm
Msg #216147

Hi Me again

I don't usually post this often... but here goes! I had a slight altercation with a company that I did alot of loans for they wanted me to notarize with a capacity which is a no no in Cali., now with loans so slow I was wondering if they may reinstate me any CA no no I would still enforce. They are from another state and I don't believe they are aware of all the CA rules. I would like to give this company another chance. Do you know of any other Nortaries being reinstated over a miscomunication?

Thank everyone!

Reply by MonicaFL on 10/11/07 9:54pm
Msg #216148

Well ,here's what I would do. I would look up the actual language in the CA handbook regarding this, copy it and send it to the company via e-mail and fax. I would then tell them that it is your commission that stands to be lost as well as possible jail time if you consented to do this for them. I would also explain to them that you yourself took an oath to uphold the law (as we are officers of the court) and you must abide by those laws the same way attorneys and other officers of the court are expected to do.

Reply by g/ca on 10/11/07 10:05pm
Msg #216151

Thanks Monica, the problem is I called xyz and needless to say they gave me the wrong info, it actually could have been notarized without including the Doctor. Borrowers name was Dortor Mary. I later found out I could have just notarized Mary. BTW not real name) and lost a real good ss for that.((( I also lost another on to Ditech alis xyz lol

Reply by MonicaFL on 10/11/07 10:09pm
Msg #216153

Sorry to hear that you lost out - but it certainly wasn't your fault that they gave you the wrong information. You were just protecting your seal and yourself by refusing to do something that was deemed to be illegal (at least from the standpoint of the information you were given).

Reply by JulieD/KS on 10/12/07 9:28am
Msg #216179

I lost a good company, too, over something that wasn't my fault. After having performed probably 300 signings for them over the course of 4 years, they've dumped me over something that was a lender error. I can see no way to rectify it so I just have to move on. Things like this happen.

Reply by janCA on 10/12/07 10:27am
Msg #216195

Genene, And you may already know this by now, but the borrower can sign with the capacity, but you just can't notarize with capacity. I am going to give the NNA the benefit of the doubt on this one, I think there may have been a miscommunication and I do realize they give out a lot of wrong information, but this may not have been one of those times. The CA SOS is the same. Sometimes you have to take their answers with a grain of salt and refer to your handbook. The majority of people in the notary division of the SOS are not notaries.

Reply by g/ca on 10/12/07 11:10am
Msg #216203

Jan

I know that it can be signed with capacity, but the SS wanted me to add Doctor in the notary certificate. She was only known as Doctor Mary, no last name and on her DL it just said Mary, in hindsight I should have just notarized her signature as Mary. I shouldn't have gotten xyz involved and just done the notarization that way instead of telling ss that xyz said no can do.

Reply by MelissaCT on 10/12/07 9:29am
Msg #216181

Re: This is why

it's critical to know your state's notary laws before you begin loan signing. Don't rely on xyz or this board or anyone else to tell you what your state law says about how to notarize, what to notarize or what you can and can't do with a notarization. Not picking on anyone, but this has been discussed before and I'm sure it will come up again.

I know in CT, I can go online & search the state statutes. Not exactly fun reading, but it is very informative and great research for the job. I wouldn't consider going into any other profession without the basic knowledge required and without further researching as I go to develop a larger skill set for the job. Even McDonald's has McD U!!

If you know the laws/statutes/etc., then you are better equipped to stand your ground against illegal requests. You have the backbone to just say no.