Posted by Nancy Garnett on 2/4/08 7:43pm
Msg #234036
Signature by mark
I'm a notary signing agent in Nevada. Has anyone ever signed a borrower that was physically unable to sign their names?
The borrower's had shakes uncontrollably and was unable to perform the signature.
Any advice? Please let me know. Thanks in advance.
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Reply by LisaWI on 2/4/08 7:52pm
Msg #234037
Nancy, if the laws arent dictated in your statutes on how to handle this situation, your best bet is to call your SOS and ask them.
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Reply by MikeC/NY on 2/4/08 7:52pm
Msg #234038
What does your state law allow?
Every state is different - some are very specific, some (like mine) don't address it at all. If Nevada has a handbook or manual for notaries, refer to that - otherwise, call whatever office commissioned you and ask them how you're supposed to proceed in that situation.
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Reply by Linda_H/FL on 2/4/08 8:33pm
Msg #234043
From the NV SOS website:
"Can a "mark" be accepted as the individual's signature?
Yes, Nevada law, NRS 52.305 (1991) states:
The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if:
The person makes his mark;
The name of the person making the mark is written near it; and
The mark is witnessed by a person who writes his own name as a witness.
In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto. "
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Reply by Linda Juenger on 2/4/08 9:18pm
Msg #234047
IL laws requires 2 witnesses in addition to notary
Both witnesses must sign the doc. Notary is to write marker's name beside the mark. A mark should also be affixed to notary journal and the witnesses must sign as well.
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Reply by MikeC/NY on 2/4/08 9:32pm
Msg #234051
Asked and answered - thanks, Linda! n/m
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Reply by Ilene C. Seidel on 2/5/08 4:42am
Msg #234062
Re: What does your state law allow?
I had a lady that was totally handicapped from waist up. She told the mtg company during the process and we received approval for a relative to hold her hand in place and help her sign. There was a special document signed by relative in order for prior approval.
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Reply by WDMD on 2/5/08 5:27am
Msg #234063
Re: What does your state law allow?
"I had a lady that was totally handicapped from waist up. She told the mtg company during the process and we received approval for a relative to hold her hand in place and help her sign. There was a special document signed by relative in order for prior approval."
Ilene I'm curious. I see you got lender approval for your situation. Did you get any kind of guidance from the SOS for this? The handbook is silent about about it and I was curious if you spoke to someone at SOS and what their response was if you did.
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Reply by GA/Atty on 2/4/08 9:26pm
Msg #234049
In Georgia, a borrower can direct another person to sign the borrower's name for them so long as it is done in the borrower's presence. Don't know about Nevada, though.
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Reply by MichiganAl on 2/4/08 10:18pm
Msg #234053
How many times a day do we have to say it?
Read your handbook. It exists for a reason.
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Reply by Karen/OK on 2/4/08 11:08pm
Msg #234054
Re: How many times a day do we have to say it?
The fact is, not all state handbooks address as many situations as other states.
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Reply by CaliNotary on 2/4/08 11:09pm
Msg #234055
Check with the lender first
For notarization purposes you obviously have to follow your state's law, but as a signing agent you also need to find out if the lender will accept docs signed by mark.
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Reply by Nancy Garnett on 2/5/08 12:18am
Msg #234059
Thanks to all who responded. I know have a place to start. Thanks again!
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