Posted by Jodith/WA on 2/10/11 11:30am
Msg #372162

Can't notarize document not in English

WTH? I don't know why I read the numbers site blog. Maybe I just like being frustrated. Today's post was about things you can't do as a notary and one was notarizing a document not in English.

There certainly nothing in Washington state law about that. As long as I can communicate with and identify the signer, that's all that matters. I have no input (by law) of the contents of the document, so it doesn't matter to me what language it's in. Do other states have laws against this that I don't know about?

Reply by FlaNotary2 on 2/10/11 11:37am
Msg #372166

Don't even read those blogs

The owner of that website has admitted that he basically makes up blog posts just to give his website for web exposure. He truly does not care about the erroneous information, and trust me, it has been pointed out to him many times. He is just very arrogant. What an idiot.

Reply by Jodith/WA on 2/10/11 12:49pm
Msg #372178

Re: Don't even read those blogs

Yeah, I signed up for it in my RSS feed when I first registered on the site, and just haven't gone in and removed it. Besides, I get a kick out of correcting him on FaceBook.

Reply by Linda_H/FL on 2/10/11 11:52am
Msg #372171

I get a kick out of the people who blindly "like"

these posts....it's obvious they don't even read them...

Reply by Moneyman/TX on 2/10/11 12:27pm
Msg #372176

As you pointed out, if you (and the borrower) can read and communicate in the language that is other than English, TX allows a notary to notarize the signature.

Did he really state that one "can't notarize a document not in English"? LOL Doesn't HE know that a Notary Public can't notarize one that IS in English ether?
Signatures are notarized NOT docs. LMAO!

Just received an email from him for his "Cert" course today. Really?? With gems like that ...

Reply by Roger_OH on 2/10/11 1:23pm
Msg #372189

Moneyman, just to clarify...

Jodith didn't mention anything about HER being able to read/communicate in the foreign language, only that the SIGNER was aware of the document contents and was willing to sign.
If I'm presented with a foreign language document, as long as he/she can communicate with me in English, then we can proceed with the various notarization elements.

We have no interest in the document content other than to ensure the document is complete, with no blank spaces. If the signer doesn't speak English, I'll refer them to a notary conversant in their language. I know some states permit use of a translator, but I'm uncomfortable not being able to communicate directly.

My notary certificate is, of course, in English. If not so on the document, I attach a loose certificate.

Reply by MikeC/NY on 2/10/11 7:38pm
Msg #372285

"Signatures are notarized NOT docs. LMAO! "

Actually, the act of notarizing the signature is what causes the document to be considered notarized. I can point to several spots in the NY statutes that refer to a "notarized document", and I'm sure we're not the only state that does that.

So yeah, we do notarize docs in a roundabout way - it's not incorrect to say that.

Reply by Marian_in_CA on 2/10/11 1:56pm
Msg #372207

California specifically ALLOWS this, and addresses it in our handbook. As long as we can communicate with the signer and verify their identity, than it's all good.

Reply by PAW on 2/10/11 2:08pm
Msg #372208

What Marian said, also applies to Florida! n/m

Reply by JanetK_CA on 2/10/11 3:48pm
Msg #372230

Right! And we don't even have to be able to read the characters to be able to scan for completeness. If we have any doubts, we could ask the person providing the document, but that could be a judgment call. I can't recall that ever being an issue for me, but I've notarized documents in Russian and Korean that I can think of off the top of my head, where I couldn't read the characters. The person spoke English and had proper ID. End of story.

Reply by FlaNotary2 on 2/10/11 2:19pm
Msg #372209

I've notarized many a document not in English

One client of mine in particular frequently brings me letters to notarize that are written in what I would call gibberish, but I believe its some type of African language.

The content of the document is irrelevant. As long as the signer can tell you what type of act is necessary; you attach/print/stamp an appropriate certificate to reflect the act selected by the signer; you can identify the signer according to the laws of your state; and the you can communicate with the signer to ensure that he/she understands the contents of the document and/or swears to its contents; there is no reason you can't notarize.

One exception in Florida law: If the document is in a language that the signer does not understand, the nature and effect of it must be translated into a language the signer understands, prior to notarization. I personally would not notarize a person's signature if I was unable to verbally communicate with them due to a language barrier.

Reply by C. Rivera Chicago Notary Services on 2/10/11 3:21pm
Msg #372218

Re: I've notarized many a document not in English

<<One exception in Florida law: If the document is in a language that the signer does not understand, the nature and effect of it must be translated into a language the signer understands, prior to notarization....>>

What a crock...this so does NOT happen when it comes to loan transactions...

I'd LOVE to see the day when loan documents are actually translated into foreign languages...probably NOT going to happen...

Reply by FlaNotary2 on 2/10/11 3:30pm
Msg #372222

They don't mean written translation

It just has to be verbally translated

Reply by C. Rivera Chicago Notary Services on 2/10/11 4:05pm
Msg #372241

Re: They don't mean written translation

Wow, it states this in your state's notarial law....interesting...

Reply by Linda_H/FL on 2/10/11 5:02pm
Msg #372253

Re: They don't mean written translation...Cari

"§117.107(6), Fla. Stat.

The nature and effect of the document must be translated into a language that the person
does understand. The law does not specify that a written translation is required; therefore,
an oral translation is sufficient"

Reply by JanetK_CA on 2/10/11 3:55pm
Msg #372235

Re: I've notarized many a document not in English

I used to see documents provided in English and Spanish from Beneficial/HSBC for Spanish speaking borrowers, but I think that was only because they got their hands slapped for conflict of interest issues. But they were the only ones - and that all went away with Beneficial...

"...probably NOT going to happen..."

I think you're right - at least not AGAIN!

Reply by MikeC/NY on 2/10/11 7:40pm
Msg #372286

Re: I've notarized many a document not in English

"I'd LOVE to see the day when loan documents are actually translated into foreign languages...probably NOT going to happen..."

I'm still waiting for the day when they'll be translated into English...

Reply by bagger on 2/10/11 4:28pm
Msg #372249

How do you notarize a document?

We verify ID, witness the signature, and verify that the signer knows what he/she is signing and doing that of their own free will.
I notarize signatures not documents.

Reply by MikeC/NY on 2/10/11 7:46pm
Msg #372288

Re: How do you notarize a document?

"I notarize signatures not documents."

See my response to Chris above - notarizing the signature on a document is essentially the same thing as notarizing the document itself. The two phrases are often used interchangeably.

Reply by FlaNotary2 on 2/10/11 8:35pm
Msg #372303

I notarize documents

Florida Statutes 117.05(3)(a) states: "A notary public seal shall be affixed to all notarized paper documents"

This, IMO, infers that "paper documents" can be notarized.

I think this is a state matter. California looks at notarization as only concerning the signature. I don't think the same applies in Florida and many other states.

If we were only concerned with signatures, why must documents be complete before they can be notarized? Our laws authorize notaries to take acknowledgments OF deeds and other instruments of writing. NOT "acknowledgments of SIGNATURES ON deeds and other instruments". The person acknowledges the document, not just the signature.

Same for oaths: F.S. 117.03: "A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or DOCUMENT to be published under the seal of a notary public". Notice that it calls for the DOCUMENT to be published under the notary's seal.

And what about affidavits? The notary plays a very important role here. An affidavit without an oath is meaningless. I have explained before that the way affidavits are typically drafted in Florida are with the notary "speaking" in the first person. ("Before me, the undersigned authority, personally appeared John Doe, who being duly sworn, says that he is the father of Mary Doe, and that he is a resident of Florida..." etc.)

If you want to say "notarize a signature", fine. But there is nothing wrong with saying you "notarize a document", at least in Florida.

JMHO

Reply by MikeC/NY on 2/10/11 8:43pm
Msg #372306

Good points, Robert. n/m