Posted by Jodie Blanco on 6/27/13 11:22pm
Msg #474963

Notary/Realtor

I am a notary and realtor. I have a client that I am going to list her house for her but she wants to have her daughter and son in law sign the paper work. Because I am a notary also I can notarize a POA. My question would this be a situation that would benefit me? I am in California.

Reply by Beverly Henson on 6/27/13 11:26pm
Msg #474964

I don't think I could do it in Texas...but, I'm not licensed in CA, so I don't know. It feels uncomfortable to me.

Reply by leeinla on 6/27/13 11:34pm
Msg #474965

I too have a real estate license. Remember, their really suppose to be an arms length to your transaction. You could notarize as a notary, but you since you have a financial interest in the outcome I would not to it. Their are always legal and ethical questions that arise in our business. I would get another notary to notarize the P.O.A. JMO.

Reply by Jodie Blanco on 6/27/13 11:40pm
Msg #474966

Thanks, I also feel uncomfortable about it and just wanted my feelings confirmed. I will find them another notary.

Reply by GOLDGIRL/CA on 6/27/13 11:42pm
Msg #474967

So, you're the listing Realtor, and you will also notarize the owner's POA so her daughter and son-in-law can sign the seller docs? No, the situation would not benefit you because you are not named in the docs as a principal in the transaction. Yes, you get your commission .... just like notaries who are named in the HUD are not benefiting beyond their notary fee ... commissions/fees are not considered "financial or beneficial interest."

However, I think that if something went south or even if it came out that the listing Realtor notarized the POA so the property could be sold.... this could look pretty shady. Why not have the seller get the corner-store notary to do the POA? I'd just be extra careful with any POA ... especially one where you're going to get a nice commisssion down the line as a result. I also would think your real estate broker might have some rule about this.

Reply by TamaraCA on 6/27/13 11:55pm
Msg #474969

I would go the safe route since you have monetary benefit... n/m

Reply by Beverly Henson on 6/28/13 12:24am
Msg #474975

Re: I would go the safe route since you have monetary benefit...

Like Oprah says..."Doubt means don't."

Reply by JanetK_CA on 6/28/13 12:28am
Msg #474976

I agree with the others. Sometimes there's a big difference between what you CAN do and what you should do...

Reply by notarydi/CA on 6/28/13 10:35am
Msg #474998

my motto..."when in doubt...don't"... n/m

Reply by LKT/CA on 6/28/13 10:49am
Msg #474999

Notarize for other realtors, but for your own deals have someone outside the transaction notarize. AAA (auto club) office is a good place to send folks. And if they're a member, they'll get a discount on notarizations.

Reply by JeffC/CA on 6/28/13 8:38pm
Msg #475045

From the workbook pg. 10. Says agent would not have direct financial benefit or interest....

Still sounds kind of troublesome.

A notary public would have a direct financial or beneficial interest to a transaction in the
following situations (Government Code section 8224):
• If a notary public is named, individually, as a principal to a financial transaction.
• If a notary public is named, individually, as any of the following to a real property
transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
vendee, lessor, or lessee.
A notary public would not have a direct financial or beneficial interest in a transaction if a
notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow holder,
or lender for a person having a direct financial or beneficial interest in the transaction.
If in doubt as to whether or not to notarize, the notary public should seek the advice of an
attorney.

Reply by LKT/CA on 6/28/13 11:17pm
Msg #475063

I agree JeffC/CA

You are correct.....however, the OP's concern was with notarizing a POA that would be used in the deal. For that, I'd suggest she have someone else notarize the POA.......and to stay *completely* at arms length (because of the POA), I'd also suggest that the OP has someone else notarize *this particular* deal.