Posted by bob/IA on 3/10/11 12:50pm
Msg #375738

Borrowers do not speak English

Just accepted a closing for next week and when the confirmation came I noticed it said borrowers do not speak English but their daughter does and will be at the closing. My question is how do I know that they know what they are signing?

Reply by Philip Johnson on 3/10/11 12:52pm
Msg #375740

The state gives you a guideline on this.

http://www.sos.state.ia.us/PDFs/Notaries/3steps.pdf

Reply by bob/IA on 3/10/11 1:00pm
Msg #375741

Re: The state gives you a guideline on this.

Maybe I'm having an off day but I don"t see how this answers my question.

Reply by Philip Johnson on 3/10/11 1:06pm
Msg #375742

Re: The state gives you a guideline on this.

Determine Willingness - Make sure the signer is not
being forced to sign the document. If you suspect
coercion, it is best to refuse to notarize.

Determine Awareness - Do not notarize the document
if you have a reasonable belief that the person
signing the document is not aware of the significance
of the transaction.

How do you do the above without the ability to communicate?

Reply by bob/IA on 3/10/11 1:20pm
Msg #375747

Re: The state gives you a guideline on this.

I understand the need to determine awareness. I was asking if anyone has any idea of how I might do this. In my eyes using an interpreter, particularly someone who is related to the signers, is not meeting this criteria as I have no idea if if any interpretation being done is correct. Any ideas or should I turn this back so they can get a bilingual Notary?

Reply by PAW on 3/10/11 1:25pm
Msg #375749

Re: The state gives you a guideline on this.

Since FL allows the use of interpreters, but IA is silent on the issue, I would only accept the interpretation done by someone I know and trust. I agree that having their daughter 'translate' may not be a prudent choice.

Reply by JanetK_CA on 3/10/11 6:40pm
Msg #375804

Re: The state gives you a guideline on this.

"I understand the need to determine awareness. I was asking if anyone has any idea of how I might do this."

I don't think you can, with any certainty. As you said, you have no idea if any interpretation is being done correctly if you don't have a working understanding of that language. That's why some states - like mine - prohibit the use of an interpreter.

I know it's frustrating, as I have had to turn back a good number of signings when it became clear that a spouse was depending on the other person to translate for them. It's just a can of worms that I'd prefer to not open even if my state allowed it. I've seen too many situations where husband and wife have had "discussions" about the loan and if I couldn't understand what was going on, I'd have no way of determining willingness. jmho.

Reply by James Dawson on 3/10/11 1:15pm
Msg #375745

In Ca you must

be able to communicate directly with the borrower, period. No translator....a good rule to follow IMO. Here a lot of people will say that then you look on the application and see they have a job working in an industry that you know requires you speak English. A lot of people feel more comfortable speaking their native language but the bottom line is, the Docs are in English. Your call, hope this kinda helps answer your question.

Reply by PAW on 3/10/11 1:20pm
Msg #375748

In FL ...

§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.


You may wish to add a statement in your notarial certificate that you have complied with this requirement of the law: "I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization."


You may also want the translator to sign the document and your journal.

Don't know how Iowa would handle this. You may need to contact your SOS office for guidance.

Reply by Roger_OH on 3/10/11 1:45pm
Msg #375755

I'd tell TC to find a notary conversant in that language n/m

Reply by bob/IA on 3/10/11 1:52pm
Msg #375760

Re: I'd tell TC to find a notary conversant in that language

I have a call in to the daughter to find out if they speak any English. If they can not speak well enough for me to be certain they understand what they are signing I will turn it back.

Reply by bob/IA on 3/10/11 1:55pm
Msg #375761

Thanks all. You confirmed my thoughts on the problem n/m

Reply by aries/CA on 3/10/11 6:12pm
Msg #375803

Re: I'd tell TC to find a notary conversant in that language

Is better to have a bilingual notary do this. It was good on your part to turn it down. Even though the daughter may know to speak both languages, but she may not know the terminology of the documents and confuse the borrowers.

Reply by Scott/NJ on 3/10/11 7:25pm
Msg #375812

Re: I'd tell TC to find a notary conversant in that language

I did a signing where the borrower could speak English, but poorly. We could communicate ok, she offered me water, told me where she worked, etc., but certain terminology was lost on her and her sister was present to explain those aspects of the process. I felt comfortable with it.