Posted by Mindy_WA on 9/4/07 9:48pm
Msg #209379

Worked out swimmingly...

Got a call earlier today for a local title co. They call me from time to time. She says she has a signing blah, blah, blah...

I say "yes, I'm available".

She proceeds to tell me that the borrowers are 'profoundly deaf' and the LO would come and type on her laptop as I speak. (?!?)

Now I'm thinking, this doesn't sound like much fun, and could be a lot more time=money than the $xxx.00 I get paid. I throw out, "Do you think they would be interested in a sign language interpreter?"

She says she will call me back. Turns out they are very happy that I suggested this. They're taking me up on it. My neighbor is a Certified Sign Language Interpreter. She just quit her job to student teach as a Special Ed teacher. She needed the money, too. It pays to know people....networking.

Reply by GF_CA on 9/4/07 10:39pm
Msg #209382

I don't know in your state, but in Ca we can't use an interpreter. The notary has to comunicate direct we the signer.

Reply by LJ on 9/4/07 10:59pm
Msg #209385

In the IL handbook

An interpreter should not be used, because the important function of screening for willingness and understanding cannot be accomplished without direct communication.

It also states that the National Notary Association cautions against notarizing the signature of anyone with whom the Notary cannot communicate directly.

I did a closing about 6 months ago where the borrowers both were deaf. One was not as bad as the other. They both could read my lips and one of them could talk directly to me with slurred speech. I had no trouble at all communicating with them, therefore felt comfortable knowing they understood what I said and I could understand what they were trying to say and what they were signing. Maybe yours will be like this also.

Reply by Mindy_WA on 9/4/07 11:56pm
Msg #209387

Re: interesting perspectives.

I have consulted my notary handbook, and don't find anything in there regarding using an interpreter. I will call the SOS tomorrow and verify. Wouldn't think that it would be too difficult to determine willingness in this situation. These borrowers can read, and they should know what they are signing if they are competent readers. Pretty sure they can write, so am sure they would be able to let me know if they have a problem.

I can see the concern, but on the other hand, who else would notarize? Are you suggesting that a deaf person would only be able to sign docs with a sign language interpreter/notary? By not performing a notarization for such person, I feel that is discriminatory. I bet all this will be unnecessary after I determine the situation. Bet it will be just like your situation LJ. Thank you for your perspectives.

Reply by NCLisa on 9/5/07 4:21am
Msg #209391

There is a HUGE difference between a language interpreter

and one for the hearing impaired! An intrepreter for the hearing impaired is there to aid a person with a physical handicap. Verifying ID and notarizing the signature, require no interpretation. It is very considerate of the Lender, TC or SS to offer a sign language interpreter so that these people can get more out of the rest of the signing.

Reply by Kate/CA on 9/5/07 2:34am
Msg #209389

I've done several signings with couples that both are deaf. They have all been able to read
lips. When it came to giving an oath, I also wrote it out so they could follow along. No Problems, they were all well inform regarding their loan.

Good luck.

Reply by PAW on 9/5/07 8:17am
Msg #209397

FL allows for interpretation

The Florida Governor's Reference Manual for Notaries is pretty clear on this subject as well as communications from the SOS. Translators and interpreters are allowed and even recommended. The manual offers an affidavit to be completed by the person doing the translation (for non-English speaking signers). The SOS has suggested modifying the affidavit in the case of deaf signings where a sign-language interpretation was used. The notary's certificate should reflect the circumstances of the translation/interpretation as well as the person who performed the translation or interpretation. However, the manual also suggests that direct communication with deaf signers using written notes should also be employed.

Reply by Mindy_WA on 9/5/07 12:10pm
Msg #209426

Re: WA law does not specify..

I just called the DOL (equivalent to SOS here) They said that there is no law that specifically addresses this. It is completely acceptable here in WA. I would agree with Lisa that there is a difference in sign language interpretation vs. language.

I will do as PAW suggested, and will obtain necessary oath approval on paper, by the borrowers. This will be interesting and fun, I am excited to see my neighbor in action. The local mtg co and title co were very happy with this suggestion, as were the borrowers.