Posted by Cheryl Walker on 10/13/09 5:31pm
Msg #307196

Notarizing for non English speaking signer

I have been asked to notarize loan docs for a signer who will have an interpreter present for the signing. Does notary law require that the interpreter be a certified interpreter of that language? Please advise.

Reply by Philip Johnson on 10/13/09 5:38pm
Msg #307197

Straight from the CA handbook.

Oh I forgot to copy it over, but I bet you can find the answer on page ..

Reply by CH2inCA on 10/13/09 5:49pm
Msg #307199

Re: Straight from the CA handbook.

When notarizing a signature on a document, a notary public must be able to communicate with their customer in order for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language.

I am a bilingual notary; I have to tell you I am tempted everyday to remove that bit of information from my marketing.

Even though I am not there to translate; it is assumed that I will, not just by the borrowers but by the LO/SS/TC!! And try as I might; it is hard not to be rude and just POINT.

Doing a closing for non-english speakers generally takes about double the time. I love the people, want them to get their loans...

Sounds terrible huh?

Reply by davidK/CA on 10/13/09 5:49pm
Msg #307200

Re: Straight from the CA handbook.

Sorry, but you cannot use an interpreter in CA.

See 2009 Handbook, page 18, FOREIGN LANGUAGE:

"When notarizing a signature on a document, a notary public must be able to communicate with their customer in order for the signor either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer's language."

Reply by LKT/CA on 10/13/09 7:21pm
Msg #307209

You cannot use a interpreter/translator as the handbook states but for even more practical reasons than just that something will be lost in the translation.

As the Notary you must be clear that your signer - even an English speaking signer - is signing of their own free will and without any coersion. If you do not speak the signer's language, how could you know that the signer was being threatened to "sign those docs OR ELSE?!!! As the Notary, you must also be clear that the signer understands what they are signing, that they are cognizant, not zombied up with medication and of aware of what planet they are on.

You must be able to fully communicate with the signer or a Notary that speaks the signer's language should do the signing.

Reply by JanetK_CA on 10/13/09 8:04pm
Msg #307213

Please re-read your handbook!

I'm sorry to be picking on you for this, but it's an issue that has comes up all too frequently. This is intended for anyone to whom it applies. I don't understand why someone would come here to this website to ask total strangers - many from other states - about a question related to notary law rather than going directly to the source!

Notary law is something that we are responsible for knowing when we receive our commission. Sure, at first blush, it might seem easier to ask someone else than to look it up yourself, but if you look it up yourself, not only will you be sure of getting the right answer, you might learn something else you forgot, or never picked up the first time.

PLEASE make the time to go back and reread your CA SOS state-issued Notary Handbook. And that should be the most current version, which is available to download for free from their website. If you'd rather have a printed copy, it's free for the asking except for postage. Just send a self addressed, stamped envelope that is large enough to hold the booklet to the address that is also available from their website.

Here's the website address: http://www.sos.ca.gov/business/notary/. I have it bookmarked and I suggest you do the same. It's a great resource!

Reply by CaliNotary on 10/13/09 8:06pm
Msg #307214

This is basic notary law

If you didn't already know the answer to this (and every CA notary should already know it without having to ask), and you didn't know how to find the answer for yourself in the CA handbook, you're not a particularly competent notary and shouldn't be doing any loan signings in the first place. I shudder to think what else you don't know about CA notary law.

Reply by Marian_in_CA on 10/13/09 8:40pm
Msg #307220

This is a basic exam question!

This is one of the reasons why I wish the passing % on the CA exam was at least 85%, and that it should NEVER be taken the same day as workshop course. I think at least 2 weeks should pass between the time of course completion and the exam. Notaries should be forced to study and actually learn the material in their handbook. Too many CA notaries aren't retaining the information and they are putting themselves at serious legal liability without truly understanding what they're doing.

I took the most recent exam a year ago and I remember at least 2 questions that involved interpreting or translation.

Cheryl, I know this sounds harsh... and we only do it because we care about our profession and the caliber of the individuals given the seal. It's not necessarily a personal attack, we're all frustrated at the general system. If you have to ask this question here, you should NOT be notarizing anything right now since the answer to your question is plain as day on page 18 of the current handbook, which you should have and you should know it back and forth.

Questions are good... but questions that are Notary 101 are not so good. Well, they're good when you're learning and before you take the exam.

That's like being hired to drive a commercial truck across state and then the boss says, "You'll be bobtailing to start," you look at him and say, "What's bobtailing?"

You'd be tossed out the door faster than you could blink.

Reply by OR on 10/13/09 9:00pm
Msg #307223

Re: This is a basic exam question!

My State says that I have to "read and write" the language on the certifaction before I can notarize the signature.

Reply by Philip Johnson on 10/13/09 9:30pm
Msg #307224

looking through my Oregon book where did you see this?

I see:

3. Determine the Signer’s Willingness and Awareness of What Is Being Signed
The notary, by the act of notarizing, declares that the signer did so freely and willingly. This can be especially important when people who are easily victimized must sign legal documents; i.e., minors, the infirm, and non-English speaking individuals.
The notary must make a judgment that the signer is aware of what they are signing. If the notary is questioning the awareness of the signer, the notary can engage in normal conversation with the individual.After a few minutes, it should be apparent if he or she is incoherent, disoriented, or otherwise incapacitated.When in doubt, the notary can get the opinion of a doctor or an attorney. Make sure the doctor or attorney signs the journal, and then make the appropriate notation in the journal that they attest the signer has sufficient awareness of the notarial act to execute that act.

Reply by Susan Fischer on 10/13/09 10:34pm
Msg #307232

On page 49, "A notary public may use a certificate in a

foreign language, if he or she can read and write the language on the certificate, and the certificate meets the minimum requirements of Oregon Statute ORS194.565, ORS 194.575. Otherwise, the notary could offer to type or attach an English language certificate chosen by the customer. Some countries may object to an attached English certificate and refuse to accept the document because of it, so it is always best for the customer to check first."

Reply by Philip Johnson on 10/14/09 11:32am
Msg #307270

This does not apply to mortgage docs, because the

paragraph applies to docs written in a foreign language.

Increasing international commerce has made foreign language document notarizations more
common. A notary public who fluently reads and writes a language may notarize the signature
on a document written in that language. The notarization takes place in the same way as any
other, but the notary should note the foreign language factor in the notarial journal.
A document written in a language the notary cannot read can cause the following problems:
• The notary may be unable to get accurate data for journal.
• The notary may be unable to complete the notarial certificate correctly because he or she can’t follow the document’s instructions, or does not recognize blank spaces.
• The notary may be unable to detect blatant frauds.
• If the document is written in a non-Roman alphabet, such as Arabic, Chinese, or Japanese, the
notary may be unable to determine that the signer is signing the same name as the party named in the document, or if the notary is named in the document.
It is for these reasons that the Secretary of State recommends that a notary public should not notarize a document written in a language they can not read nor use a notarial certificate written in a language that they can not read. When in doubt, a notary can always refuse to notarize and refer the customer to a bilingual notary. The Secretary of State has a list of notaries that can notarize in various languages. Log onto: http://www.filinginoregon.com/Oregon/Notaries.htm for more information. We encourage you to add your name to this list if you can read and write another language. Other bilingual notaries can be found at consulates and embassies, in an ethnic community, at universities and community colleges, and sometimes in the Yellow Pages. Translators are often notaries.

As an alternative, a notary can notarize signed, English translations, but these may not be acceptable to the receiving agency. It is best to confirm that option first. If a non-Roman alphabet is used, some recorders require translation. The usual procedure is to notarize the oath of the translator of the document to the accuracy and completeness of the translation. The translation is attached to the original, together with the translator’s oath, and the notary notarizes both the translation signed by the signer in the original document and the signed original document itself.