Posted by Yoli/CA on 2/28/13 4:31pm
Msg #458546

Sign language interpreter

Just had call from very well liked and well rated SS for signing in a couple of hours at TC office close by. No need to print, just have to show up and do my job. We agree to a fee. Then, she tells me borrower uses sign language and an interpreter would be there. Advised her California notary Law states notary must be able to communicate directly with signer. Interpreter is not allowed. She stated she's set these types of signings before with no issues. Nope. Sorry. No can do.

She said,"thank you, I'll find someone else and let [the SS owner] deal with this."

I immediately emailed the SS owner giving her a heads up.

Hopefully, I didn't misunderstand the Law and that it just relates to spoken language .....

Reply by Jessica/FL on 2/28/13 4:38pm
Msg #458550

I have hired Notaries that "speak" ASL.

Reply by Marian_in_CA on 2/28/13 4:41pm
Msg #458552

Nope, you were right.

I would have gone a step farther and told them that now that they are aware it's illegal... if they so much as ask somebody else it's a crime per CA Gov't Code 8225(a).

That one always gets 'em.

Reply by Notarysigner on 2/28/13 4:49pm
Msg #458554

That's what the handbook says, I don't think your communication with borrower would have to "audible" in nature. I'm pretty sure you have deal with people who were paralyzed or had a stroke, GNW. I would think if they can read it you would be okay. If you could communicate, Y/N, nod your head, I would proceed.

If it were me, I would be wondering why someone didn't have a limited POA to assist.

Reply by Marian_in_CA on 2/28/13 5:16pm
Msg #458564

No, communication doesn't have to be audible... it just has to be direct.

Personally? I took two ASL classes in college, so I can at least spell and know a few basic words and phrases. I also have several online ASL dictionaries (with videos) bookmarked on my ipad for me to pull up if I need them, and when I've had ASL speakers, I've muddled through. One of the easiest way to communicate with them is through text message or IM chat, believe it or not.

Now, those have all been for GNW appointments, though, not full loan signings. I think for that, I'd refer to somebody who was fluent in ASL.

Reply by BrendaTx on 2/28/13 6:11pm
Msg #458583

I was so impressed with Helen Keller when I was in elementary school that I taught myself how to "spell" words with my hands using sign language. I can still do it. It's not fast because I'm not fast at it, but it will get me where I need to go if my partner in conversation is willing.

Reply by jba/fl on 2/28/13 5:09pm
Msg #458561

Signing doesn't mean the BO is stupid. If the BO can read, you can communicate. Take a pad of paper and pass notes. This is one time that passing notes is allowed - no teacher to stop you.

Reply by Shoshana/AZ on 2/28/13 5:10pm
Msg #458562

I have worked with hearing impaired signers in CA.

Nothing to it. We passed notes!

Reply by SharonMN on 2/28/13 5:44pm
Msg #458574

Re: I have worked with hearing impaired signers in CA.

Just because someone "speaks" another language doesn't necessarily mean you can't communicate with them in English as well. The person may merely be more comfortable with an ASL interpreter there. You should still be able to write notes back and forth to determine that they are signing of their own free will and are competent to sign. This would be the same as signing for someone whose first language is Spanish but speaks enough English to get by.

Reply by BrendaTx on 2/28/13 6:13pm
Msg #458584

Yoli - The other day, I had a question about this

from a NR Texan.

I told her that we are allowed to use an interpreter, but

-those who cannot hear can often read lips quite well

-if not, take a lap top and type statements and questions.

-to me, it seems that only if the borrower was also illiterate, that would create a problem.

Reply by Amigoaz on 2/28/13 6:31pm
Msg #458587

Re: Yoli - The other day, I had a question about this

It seems like the Americans with Disabilities Act (or some level of non-discrimination) would require some accommodation here.

Reply by BrendaTx on 2/28/13 7:35pm
Msg #458600

Yes, of course, it does.

It is my experience that people who don't hear may have become quite adept at reading lips.

IF they are illiterate, then someone must read the documents to them. That requires an interpreter.

Reply by BBuchler/CA on 2/28/13 6:39pm
Msg #458589

I would not have a problem with this, provided I knew that the signer understood me, could read the documents (confirmed by the signer) and could acknowledge my questions or statements with a yes or no( nod or shake of head).

Communication comes in many different forms.

Reply by Linda Juenger on 2/28/13 7:51pm
Msg #458602

I have signed several deaf people. I brought a pad of paper along and if they didn't quite get what I said reading my lips, I wrote it down. They can SEE the numbers, READ the heading of the docs. They knew exactly what they were signing, probably better than some other borrowers. They can't hear what they want to hear instead of what was said.

Reply by jba/fl on 2/28/13 8:30pm
Msg #458617

Excellent point: " They can't hear what they want to hear instead of what was said. "

Reply by Jennifer Jackson on 3/1/13 4:13am
Msg #458662

I've had borrower's that were both deaf and we wrote notes the whole time. Hope that helps for the future

Reply by Yoli/CA on 3/1/13 6:30am
Msg #458668

Thank you all for your responses.

Yes, I understand about writing notes and showing the document headings (titles). I did mention that. However, scheduler was adamant about using the interpreter. I don't know if that was a lender request or if the borrower just felt more comfortable with using ASL. Never got that far.

BTW, SS owner never did respond to my email advising of notary law restriction.