Posted by doglover/CA on 8/15/09 7:16pm
Msg #300183

Is this UPL?

I have a closing tonight and the lender has asked me to have the borrowers sign statements that they have never been known by certain names. These documents have not been written up and included in the package. I am hesitant to do this favor because it may be considered UPL for me to write something up for them to sign.

Reply by Shoshana Roller on 8/15/09 7:26pm
Msg #300185

Just have them write out the statement.

If you are to notarize the statements just ask the lender if they want an Ack or a jurat.

Reply by doglover/CA on 8/15/09 10:48pm
Msg #300199

Re: Just have them write out the statement.

Just got back from the closing. Just to play it safe, I showed the borrowers the email I received from the lender and asked them to write the statements themselves and sign their names. I didn't notarize because the email did not specify that they should be notarized.

Reply by Shoshana Roller on 8/15/09 11:30pm
Msg #300203

Re: Just have them write out the statement.

Sounds like you made the right choice.

Reply by Linda_H/FL on 8/15/09 8:14pm
Msg #300186

Yes..I believe it is UPL if you draft forms for them. Borrowers should be smart enough to write this statement in their own hand, sign and date it...you add or attach the notart cert requested by lender. I'd get it in writing from the hiring party what they want the statement to say and give it to the borrowers as a guide.

MHO

Reply by Linda_H/FL on 8/15/09 8:15pm
Msg #300187

Dangit...s/b "notary" cert... n/m

Reply by JanetLA on 8/15/09 8:36pm
Msg #300188

State laws are different

We are allowed to be the ones to draft any instrument in writing, including wills, trusts and more. This is allowed for us, but we might be the only ones...

Reply by JanetK_CA on 8/15/09 9:12pm
Msg #300190

Linda is exactly right for California

We are specifically prohibited from being involved in "preparation", etc. of documents we notarize. I agree with her recommendation.

Reply by Sylvia_FL on 8/16/09 8:19am
Msg #300214

Re: State laws are different

Janet
LA notaries are a "different breed" - you are a civil law notary which gives you broader powers and more authority than notaries in other states.

Reply by SharonMN on 8/17/09 8:28am
Msg #300296

Re: State laws are different

I'd definitely ask the lender to just send me exactly what they wanted the borrowers to sign.