Posted by Sandra Clark on 5/20/09 5:23pm
Msg #289339

Opinion please - My questioning docs

Was asked to do a closing by SS - husband & wife separating. Both names on all docs in a previous re-fi, including note and DOT etc according to the borrower who had his copies. Re-fiing again with same lender that prepared previous docs. Borrower told by LO he needed a quit claim signed by estranged wife. No problem on the quit claim doc, wife willing to sign. Now, Lender, Title saying quit claim not needed. Package now being prepared just taking her name off - no quit claim. Then SS tells me acccording to Title, Va. not a spousal state when in fact it is........I have refused to do the signing knowing the above facts about wife's ownership from the borrower. I fear wife will or can file claims of fraud. Yes I know we only notarize docs, identify people - but in this case red flags have gone up all over the place. Would wife have legal recourse against me personally as the notary? Of course SS says will never use me again - no big loss but hate for borrower to be in this position. Told borrower I felt uncomfortable with all the confusion. Suggested he contact LO since she is the one who told him he would need the quit claim. Am I out of line here or what? If so, please be gentle, I've had enuff drama today.

Reply by CaliNotary on 5/20/09 5:42pm
Msg #289343

Yes, you're out of line

Your job as a notary is to confirm identity. The contents of the document you notarize aren't your concern. We're not responsible if the documents are fraudulent. If we were, why would we notarize anything since we have no idea on any of it?

Reply by Marian_in_CA on 5/20/09 5:47pm
Msg #289346

Probably not cool. It's not your call to tell THEM if a document is legal or not... you just do what they say, and make sure that you accurately record it in your journal.

But then... you do have the right to decline notarial act if you feel it is fraudulent... you just have to be careful.

Reply by Sandra Clark on 5/20/09 6:12pm
Msg #289355

Really have never question docs being legal.....nor indicated a doc was not legal in this case. Just reminded him in ref to quit claim being needed to go back to the LO that said it was. I just go with the docs and do my job. Like I said, too many red flags and being possilbility of being involved with a law suit if the wife were to decide to go that route.......thanks for the opinions, much appreciated.

Reply by John/CT on 5/20/09 9:05pm
Msg #289387

Red Flags

The only ones I'm concerned with are identity issues and making sure signer acts knowingly & freely when it comes to signing the dox. Everything else ... no matter what are the so-called "facts" ... are off the table when it comes to my responsibilities as a NSA. No way will I allow myself to get stuck in a question of UPL ... ergo, "no legal recourse against me personally as the notary".

Reply by MW/VA on 5/20/09 9:18pm
Msg #289397

We always have the right to refuse any notarization for any reason. In this business someone else will probably do it, but you have to do what you feel comfortable with, especially if you think something isn't kosher.

Reply by John Schenk on 5/20/09 10:55pm
Msg #289422

It's NOT your decision on the quit claim deed, or any other document. Not sure why that matters. If they're "estranged" and no divorce decree entered yet dividing the property, there's probably no need for a quit claim, although it would make it cleaner, but that's not an issue for a SA to worry about. They send you the docs...get'em signed. Don't try to figure out the practice of law for family law issues. You're not qualified, nor am I. Do what they tell you to do and have the folks sign on the dotted line and acknowledge the sigs.

We could ALL get called to Court on ANY signing we do to prove we acknowledged a sig...but that is on EVERY closing document, or verification that we do. Unless the signor is incompetent, or someone is trying to prove the signor is incompetent, it's not all that likely.

Just my lay opinion, as always. I work for a law firm and have almost 30 years experience in the legal field, and been a notary since 1975. They haven't come after me yet. LOL

JJ