Posted by sueharke on 9/22/12 8:09pm
Msg #435479

Thanks for the education

I'd like to thank my experienced and newbie notaries for all their great knowledge on how to handle special situations. I recently had to put my accounting background to work in refusing to accept an assignment after trying to make an appointment with the signer. As an accountant I will not take tax returns from clients that sound like a lot of legal liability or I will charge a larger fee to cover such potential liability.

The notary assignment sounded like one or two of the people I would have charged a larger fee. Since this was a notary signing where I could not get the increase fee for the potential issues (PITA), I said I would not do the signing until the loan officer had a long talk with the borrower. The key issues were the questions the borrower asked that would have caused me to cross the line to be giving legal advise. I kept saying "I cannot answer that question, please call your loan officer!" After saying it five times, she finally decided to call her loan officer. The signing was cancelled and she said I had a bad attitude for not answering her questions.

I realize there is a fine line between being direct in an answer and being considered rude. I would prefer to give clear, direct answers to questions, even if that is not what people want to hear. I don't know about anyone else, but I don't have time to be in court over a notary signing fee or having the SOS on my butt for being considered to be giving legal advise.

Reply by LKT/CA on 9/23/12 10:38am
Msg #435543

An attorney I network with told me to always clarify my role as a notary public signing agent (i.e. I am here to witness your signatures, I am not employed by the lender or the title company) and to say the following disclaimer at the beginning of loan signings:

"I am not attorney, therefore, I'm not licensed to practice law or give legal advice. Anything that I say is **my personal opinion, only**. Please verify any of my statements with an attorney, your loan officer, an advisor or someone you trust."

Even if I'm never asked a question or say anything during the signing, he said to give the borrowers that disclaimer at the beginning of the appt - well, after the initial greetings and when they're ready to sign. This way, I've covered myself - even as we're simply going thru the docs and I'm pointing out the printed facts of the docs. I do that (sometimes, not in every case) with general notary work too. But now, I definitely give that disclaimer for every loan signing.

Reply by Barb25 on 9/23/12 11:10am
Msg #435548

Very nice. n/m

Reply by NVLSlady/VA on 9/23/12 2:00pm
Msg #435556

Re: Thanks for the education ~Disclaimer

Lisa, This is something we CAN agree on! I give this spill at the beginning of every signing - just not the personal opinion part, 'cause frankly, anything I say outside of Fact is MY personal opinion (on or off the forums).

I've found that people who respect me and appreciate my knowledge & experience enjoy hearing my opinion - and I make sure they know which part of the "education" they get from me is just that (:

Reply by JanetK_CA on 9/23/12 3:11pm
Msg #435564

Re: Thanks for the education ~Disclaimer

Yep, me too. Also, I find it more effective (especially after I've given my disclaimer at the start) to say that it would be "inappropriate" for me to answer that question and that that one needs to be directed to their LO, rather than saying "I can't" (although I understand that Sue may not have said it that way at the table).

Sometimes the reaction depends heavily on the words we choose - and also on the way we say them. Saying "I can't" can sound confrontational. Also a smile with a lighthearted comment can help soften it. But letting them know up front makes it MUCH easier.

Reply by Barb25 on 9/23/12 3:46pm
Msg #435568

Re: Thanks for the education ~Disclaimer

I'm thinking you guys have some real tough borrrower/signers out there in California. I can't ever remember having to give so much thought about this subject here in Florida. And to worry about the expression on my face when I made a comment. But then again we are the Sunshine State.

Anyhow TomAto, TomOTo, I like what LKT/CA said just the way she said it even if I was still in NY.