Posted by HSH/WA on 12/15/12 11:34pm
Msg #446695

When filling out trust docs etc are we over steping our

authority and will our E&O cover us if a problem arises?

Reply by Shoshana/AZ on 12/15/12 11:42pm
Msg #446698

I am not sure what you are talking about? if you are referring to the certification of trust, the borrower needs to complete that. In general regular E&O only covers you for notarial work. If you are referring to signing agent duties, then you need signing agent insurance.

Reply by Linda_H/FL on 12/16/12 7:27am
Msg #446705

And even then, read the policy -make sure

SA insurance will cover if you're "filling out" documents.

Standard E&O is definitely out - that's for notarial errors only.

Reply by CinOH on 12/16/12 8:40am
Msg #446706

Yes, you are over stepping your authority. No, your E&O will not cover you. You should not be filling out forms for people. Let them fill in the information themselves.

Reply by Barb25 on 12/16/12 9:14am
Msg #446712

Amen! n/m

Reply by HSH/WA on 12/16/12 10:39am
Msg #446723

Re: You never call the TO and ask how to fill out a form? n/m

Reply by Linda_H/FL on 12/16/12 10:49am
Msg #446724

I do call - but not to ask how *I* fill out a form

but to ask how the signers/borrowers are to fill it out - and I put signers/borrowers on the phone with title to clarify any questions they may have.

I do not fill out forms (other than standard ID Verification forms and notary forms)- signers/borrowers do that. I identify, get signed properly and notarize. Contents and statements contained within the documents are on them, not me - especially when it requires information known ONLY to the signers/borrowers.

JMO

Reply by HSH/WA on 12/16/12 12:04pm
Msg #446735

Re: I do call - but not to ask how *I* fill out a form

I like your answer but wonder if you are putting yourself at risk advising the BO on how to fill out the form. Like you I think the BO should talk to the TO about how to fill out the form - I just want this to happen before the signing. So, I email blank forms to the BO as a head start and if the BO calls the TO that's the way it should be - IMO. What do you think?

Reply by ananotary on 12/16/12 12:19pm
Msg #446736

I think you are overthinking this n/m

Reply by Linda_H/FL on 12/16/12 12:30pm
Msg #446738

HSH read my post

"wonder if you are putting yourself at risk advising the BO on how to fill out the form. Like you I think the BO should talk to the TO about how to fill out the form "

That's what I said

By the way - it should be said, I suppose, that here in FL we ARE allowed to help people complete forms - but all we do are allowed to do is put in the blanks what they tell us - we can't determine what goes in there - so it's still the signers' heads but only our hand.

Reply by doglover/CA on 12/16/12 6:47pm
Msg #446751

Re: I do call - but not to ask how *I* fill out a form

I had the borrowers call their loan agent for advice on how to fill out the trust certificate and she she asked to speak with me and told me I was not doing my job of explaining the documents. I told her as a notary I needed to make sure I was not stepping into the area of UPL. Sometimes it seems that lender or escrow is not always doing THEIR job.

Reply by Barb25 on 12/16/12 12:26pm
Msg #446737

Re: I do call - but not to ask how *I* fill out a form

I don't care who speaks to whom. But I do not advise. Sometimes you cannot reach title. Sometines borrowers do not have trust at their disposal. Again the contents of the form and the answers is not our responsibility and no one should consider it otherwise. Acknowledge/notarize