Posted by Belinda/CA on 8/20/11 9:48pm
Msg #394390

Appt with blind borrower in a few days

Howdy all. I have an appointment for loan docs and the borrower is blind. I don't have any concerns, but I do want to ask the gang if you know of any speed bumps that may come up so I can be fully aware. I asked her if someone had read the docs to her or if someone will be there to read for her and she it would be her and myself. She said she owns investment properties and knows the docs pretty well. She said I just need to read her the headings on the paperwork and show her where to sign. Any advice?

Reply by Belinda/CA on 8/20/11 10:04pm
Msg #394391

Found some threads! Any additional comments?

Reply by Lee/AR on 8/21/11 6:40am
Msg #394395

Of 2 opinions: 1. She 'knows' the docs and if pertinent terms are read to her, she's good to go. If she's as savvy as she thinks, I can understand that, to a point 2. This is a lawsuit waiting to happen. I think I'd have her sign a statement of some sort that lets you off the hook and I'd totally read that to her whether she wanted you to or not. Also, what does CA have to say about this situation?

Reply by Paul2_FL on 8/21/11 9:51am
Msg #394403

Don't know about CA Statutes but Florida Statute 117.05(14) states:

(a) A notary public may notarize the signature of a person who is blind after the notary public has read the entire instrument to that person.

Reply by Bob_Chicago on 8/21/11 11:42am
Msg #394412

Same in Illinois, Paul, and we get to charge the same $1.00

I do not believe that is it is possible to read a standard Mortgag /Trust Deed out loud without the reader and/or the listener falling sound asleep by about page 3.

Reply by Notarysigner on 8/21/11 11:16am
Msg #394408

Maybe this post will be of help Msg #358376 n/m

Reply by Rani Sampson on 8/22/11 12:44pm
Msg #394477

Also look at this message: 386984 n/m

Reply by JustANotary on 8/21/11 3:29pm
Msg #394420

I did a signing with BofA reverse sometime back with a borrower that is blind. When the bank found out that she was blind, they made me go back and have her sign a form, that I notarized, saying that she had the documents read to her to her satisfaction.

I said, what about someone who speaks English reads in a different language? What about people who can sign their name, but did not receive enough education to read? How about dyslexics? I never read loan packages that I sign, what about people like me? I thought it was discrimination against one particular type of signer. I think attorneys for groups like "Lighthouse for the Blind" would agree.

Reply by Linda_H/FL on 8/21/11 3:40pm
Msg #394421

It's not discrimination - it's the only way the can ensure

that the signer is aware of what they signed. Normally they can review the docs - in a blind person's case they can't as docs are not written in braille - so the next best thing is to have someone read it to them. IMO the LO should know this in advance and should make arrangements for the docs to be read to them in advance. And notaries should price accordingly.

As has been stated, with a blind signer in FL, any doc requiring notarization MUST be read to the signer....

However, IMHO, this isn't even CLOSE to discrimination. It's the smart thing to do.

Reply by JustANotary on 8/21/11 8:13pm
Msg #394439

Re: It's not discrimination - it's the only way the can ensure

The blind person can not read the docs as they are not written in braille, but the person who does not read English does not have the docs in their language, and the illiterate person is not offered to have the docs read to them. Not everyone who can not read is asked to sign this form, only blind people.

Reply by JanetK_CA on 8/21/11 8:52pm
Msg #394443

Good point. n/m

Reply by Linda_H/FL on 8/21/11 3:42pm
Msg #394422

BTW...meant to ask..

"they made me go back and have her sign a form, that I notarized, saying that she had the documents read to her to her satisfaction"

WERE they read to her?

Reply by JustANotary on 8/21/11 8:16pm
Msg #394440

Re: BTW...meant to ask..

She was not aked to sign that they were read to her, she was asked to sign that they were read to her to her satisfaction. I asked her, were the docs read to you to your satisfaction, and she said yes.

Reply by nunu on 8/21/11 3:43pm
Msg #394423

I could not agree with you more, your comments were very thoughtful and astute.

Reply by Belinda/CA on 8/21/11 4:54pm
Msg #394425

Blind borrower and the oath/affirmation of a Jurat

One person wrote me with concerns about the oath/affirmation on the CA Jurat. Any thoughts on that line?

Reply by Linda_H/FL on 8/21/11 6:12pm
Msg #394434

What was the concern? Your jurats are fairly straightforward n/m