Posted by LatteLady/NV on 12/10/13 9:42pm
Msg #495753

Working with a Registered Sex Offender

Recently, I found out that a person that I had a signing with was not only a registered sex offender, but a double sex offender to boot. From 2 different states. If a lender or a signing company find out this information, do you think it is their duty to inform the signing agent that the borrower is a sex offender and give the notary the choice whether to do the job or not? Or is this just a violation of the sex offenders rights? You know, we certainly wouldn't want to hurt their feelings.... I wish this was in the law books, that we would have to be notified what kind of person we would be dealing with. Now that I know about a client that has 2 felonies from 2 different states, I just say no thank you when he calls. What do you think about this subject?

Reply by Karla/OR on 12/10/13 10:08pm
Msg #495754

It probably WOULD take a law enacted in order for the sex offenders to have to divulge their status before 'welcoming' a stranger (NSA's) into their home. There are sooooooo many of them out there too. In every zip code. I hate thinking about them. They disgust me.

I'm sorry you did not find out in time.

Reply by JJNotary/CA on 12/10/13 10:57pm
Msg #495756

I did a signing recently and found out the same thing, later. Another notary told me that as a Notary PUBLIC, we are public servents and must treat everyone the same, charge everyone the same, and are not allowed to say no to a notarization for personal reasons.

I've only ever said no for two reasons: SC fee too low, and I was already booked.

I've been meaning to check into this, however. Surely there are safety concerns that are fair reasons to say 'no' because of.

Reply by LatteLady/NV on 12/10/13 11:07pm
Msg #495757

Well, my reason for saying "no" next time is because last time he couldn't come up with all of the money he owed me. He said he'd pay me the next time, but next time isn't going to happen.

Reply by John Tennant on 12/10/13 11:26pm
Msg #495758

Whenever I collect at the table, I collect up front no matter what I am notarizing. Cannot get "stiffed" that way. JMHO

Reply by JJNotary/CA on 12/11/13 12:03am
Msg #495759

That certainly works. Sorry to hear of your experiance. It's so unnerving!

Reply by Belinda/CA on 12/11/13 12:11am
Msg #495760

Treat everyone equally, yes.
But, what makes you think you can't say no to a request when you may be unsafe?

Reply by JJNotary/CA on 12/11/13 12:21am
Msg #495762


I was trying to say - where is that line, if you are meeting at a public place, or if you have a business front they are coming to, are you considered safe and therefore can not say no? Are you able to say no because they are a registered Sex Offender, or do you need more reason as to how it might be unsafe? That is more along the lines of what I was of putting out there. At what point does a potential clients criminal past become a factor in your decision to not take a notarization?

Reply by JanetK_CA on 12/11/13 12:33am
Msg #495763

"...are not allowed to say no to a notarization for personal reasons."

I think this is a common misinterpretation of the typical non-discrimination clause about doing notarizations, but that is just my opinion. I haven't read every state law in relation to this, so if you think your state law says differently, go with that. But here's my reasoning:

If you work in a UPS store, bank, etc. where the general public walks in the door, presents proper ID and a complete document during normal business hours, you absolutely should not discriminate (about the service or the fee), and should agree to notarize. My state is specific that if the person pays the fee and meets the legal requirements, we can't discriminate for any reason, including race, religion, gender, nationality (unless we don't speak the same language), type of document (as long as we're not doing something illegal), looks, hair color, tattoos, bad breath... whatever.

However, when we drive to any given person's home under whatever conditions or circumstances - like if they want you to meet them at 2:00 am, or if the roads are icy, if they're rude and/or abusive to you over the phone, or if you know the person to be a registered sex offender - that's not "notarizing". That's providing the service of taking the store to the customer, so to speak, and I don't believe we are under any obligation to say yes. (Another condition could be if we know we're unlikely to be paid, or if doing so would lose us money.) We could go on and on with this, but I think you get the idea.

Bottom line, as I've said so many times here, be careful who you listen to. And when in doubt, check it out on your own, then apply your own best judgment. You are the one who will eventually be held responsible for your decisions.

Reply by JJNotary/CA on 12/11/13 12:46am
Msg #495764

As I had said, I have been meaning to look into it (and of course, still will, my experience was pretty recent) but I see what you're saying, and that makes sense. I had found it concerning that I would not be allowed to say no even if I was uncomfortable.

Reply by notarydi/CA on 12/11/13 9:52am
Msg #495774

Just say no.....

I said no to a signing last year. The borrower was someone that I had fired in a previous job years ago. She had harassed me with phone calls way back when and it was not something I wanted to "re-visit". Agree with Janet's points. I do think we can say "no", when personal safety/well being is at stake.

Reply by MrEd_Ca on 12/11/13 11:24am
Msg #495783

When I receive a signing appointment & for general notary work I always Google the name(s) of the signers, the phone number, & the address. If anything came up that was obviously bad or suspicious or just sufficiently 'off' I would decline the signing. No hesitation & no question in my mind. I always felt that my safety & well being is/was of utmost importance (even excess worry over the above qualifies). I figure if I, the notary, am under any sort of duress or fear how can I be sure that I am doing my job correctly?

From the information in your post, I would not hesitate to put your safety & piece of mind above that of the signers convenience. No signing is worth putting yourself at risk, especially if it has been demonstrated that the signer is so questionable. Do yourself a favor & turn the signing back.

Reply by LynnNC on 12/11/13 11:41am
Msg #495785

Just sign in a public place n/m

Reply by Linda_H/FL on 12/11/13 12:07pm
Msg #495790

Yeah...if your signer is allowed to be in that public

place..some are not allowed to be within xx feet of some places.

I must just be oblivious - I never ever give this a thought when accepting an assignment - nor do I search the names to find out.

Reply by Susan/CA on 12/11/13 12:40pm
Msg #495799

LatteLady how did you find out he/she was a Registered Sex Offender?

Reply by Rick Ary on 12/12/13 1:06am
Msg #495858

I noticed that almost all that posted were female, which is not a concern for most males I hope. When in doubt meet in a public place.