Posted by ChicoNotary on 8/19/10 11:52am
Msg #349595

Nations Signature Closers

I have never been frustrated enough to write a post - but today is just not this Signing Companies day...

Received calls three times this morning (I'm on a lot of different websites) from the same person looking for a signer to do a Spanish speaking signing about 25 miles from my home. I informed the gal that I was not positive that I could accept the signing, due to my fruit harvesting schedule, but that I could have an answer tomorrow (Friday) if they hadn't already found someone by then. Repeated the same conversation all three times - not once was there any mention about fees etc (but now reading past posts, it appears they probably would not accept my fee anyway). On the third call I told the SS that this was the 3rd time they called, my status had not changed - but again, I would be happy to consider the signing on Friday when I knew if my Saturday AM would be free. I also mentioned that she was probably having a hard time locating a notary because I was one of only two bilingual notaries in the area. She told me that this wasn't the issue - they will/would have a translator on the phone, and should be able to find a notary - no problem.

This is illegal in CA people - if you didn't know this, you do now. I have been a notary for 12 years. It's not my first time around the block. You must have a direct link of communication with the borrower to be able to notarize for them. Check out the CA Handbook - Pg. 18:

"When notarizing a signature on a document, a notary public MUST be able to communicate with the 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."

When I told the SS representative this, she became very snippy and rude and said this was not the case, they can use a translator and I was very wrong - further attempts to educate her otherwise were ignored, and when I told her this was an illegal practice, she ended the conversation VERY quickly.

Regardless of the fact that I'm so mad I could spit right now, it worries me that other notaries may rely on the SS assurances that this practice is okay. Someone, PLEASE re-assure me in the integrity of the notary office that people are following the letter of the law - inducing a notary to perform this type of act is illegal - but I'm sure a sucker is born every day....

I've left messages with the SS - and intend on speaking to their signing department, but something tells me my comments will fall on deaf ears. It's up to us to stick up for ourselves - please please please remember that the SS are not always on your side - they will do or say whatever to get a job done - regardless of the ramifications to the notary.

JMHO - take it as you will, and sorry to rant...

Reply by Yolanda Adams on 8/19/10 12:14pm
Msg #349597

Chico: You are absolutely correct.

Thank you for sticking to your guns and also for trying to educate a mis-informed SS and uninformed notaries.

Reply by James Dawson on 8/19/10 12:43pm
Msg #349602

I go to a lot of signing where they initially asked for someone who speaks their native language. I always ask, "what language are the Docs In?"

A lot of times a real estate person will be present to interpret. I ask if it's just because they feel more comfortable speaking their native language or do they not understand English? If they don't understand, I don't do the signing period. If they do, I tell the real estate person they can explain the process and what I'm going to be doing, then just observe unless I ask for help.

I agree with you 100%.

Reply by MW/VA on 8/19/10 1:23pm
Msg #349610

You know the law & stick to it. Good for you. The ss & tc's

don't necessarily care. They want to get the job done.

Reply by Dave/CA on 8/19/10 2:33pm
Msg #349624

Hmm, this is odd. I have done this a couple of times with a translator on the phone and I was under the impression that everything was OK with this. It's not that I don't believe you, but do you have a link to this information? I would really like to stay informed.

Reply by Linda_H/FL on 8/19/10 2:46pm
Msg #349627

David...she gave you your answer right in her post -

"Check out the CA Handbook - Pg. 18:

"When notarizing a signature on a document, a notary public MUST be able to communicate with the 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."

Were you able to communicate with the signer or did the translator do all the communicating? That's the key...you have to be able to speak directly to them without a middleman..and have it understood.

Reply by Dave/CA on 8/19/10 2:56pm
Msg #349630

Alright, that definitely makes sense. I am a little hung up on the word "should." That's seems pretty far removed from "required."

Reply by Linda_H/FL on 8/19/10 2:59pm
Msg #349631

So did you?

Did you speak directly to them and have them respond directly to you? No translator involved?

If you didn't/couldn't, then your use of the translator, IMO, was against your notary laws.

Reply by Dave/CA on 8/19/10 3:12pm
Msg #349633

Re: So did you?

I spoke through an interpreter. Again, the word "should" needs to be evaluated here. In my mind, that does not mean it's a requirement.

Reply by Linda_H/FL on 8/19/10 3:18pm
Msg #349634

Re: So did you?...for future reference

and not that my opinion matters all that much...but IMO that's not correct..read the entire portion..

"...a notary public MUST be able to communicate with the 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"

The word "should" has nothing to do with it...

IMO...no interpretor allowed

Reply by Dave/CA on 8/19/10 3:35pm
Msg #349641

Re: So did you?...for future reference

I suppose the question then would be what happens when there is no notary available that actually speaks that language.

Reply by JanetK_CA on 8/19/10 5:11pm
Msg #349662

Re: So did you?...for future reference

That's not our problem. I agree with Linda and the OP that the law is pretty clear when it says that the notary MUST be able to communicate directly directly with the signer. The notary would have no way of knowing if the translator is even talking about the same things, and if it's a family member doing the translation, there could be all kinds of potential implications. If it's a third party translator (from a translation service, for example), they may not have any understanding of the content of what is being discussed. (This could be true of anyone.) If they used a literal translation, it could come out meaning something else completely different.

I think this is a very important point. I've run into this a few times with various Asian native speakers. It's gotten to the point where, if I confirm with someone who has a strong accent (other than Spanish), and there's a spouse involved, I apologize for the question, then ask if their spouse also speaks English and will be able to communicate with me directly. (This needs to be done delicately and with respect!) If necessary, I explain the legal requirement. That can save my client - and myself - a lot of aggravation sometimes.

Reply by BossLadyMD on 8/19/10 9:04pm
Msg #349696

Dave, then the SS is SOL....also, it's not your problem n/m

Reply by dickb/wi on 8/19/10 9:16pm
Msg #349703

"it all depends on what the word "IS" is........ n/m

Reply by taxpro on 8/20/10 12:23pm
Msg #349765

Do you understand the word "MUST"? n/m

Reply by ChicoNotary on 8/20/10 12:31pm
Msg #349766

Re: Do you understand the word "MUST"?

Thank you to everyone for making me feel better about this situation... It just caught me at a weak moment yesterday, and something that I could have just passed off as SS ignorance of the law sent me into a tizzy.

I still have not received a call back from the signing department, and frankly at this point - don't expect to. They haven't had the courtesy to reply to my email asking them to call either - but another rep from their office was kind enough to call looking for me to fill an assignment. =) Didn't accept that one either - advised they would have to call me back later today or tomorrow morning to confirm my availability if they hadn't already filled it.

<sigh>

I hope everyone has a great weekend ~ and thanks again for the encouraging replies... =)

Reply by GWest on 8/19/10 2:47pm
Msg #349628

I have been asked quite a bit to handle signigs for Spanish speaking clients, as this is a rural area and not many Spanish speaking notaries. I always refuse and alot of times the SS wants to argue with me stating that someone will be there (usually a relative) that can translate. I advise them that I do not speak the language and I would have no idea if what the translator was telling them was correct or not. I keep a list of all the Spanish speaking notaries in the area and refer the SS to those notaries.