I was asked to provide my signature as a witness for the husband of the signer who was only on one document. The document was not notarized, I did see his license in the beginning but didn’t record it in my journal, because I was told that they didn’t think he was on the documents. I did put his name in the entry and noted that I witnessed him sign. Now I’m thinking I should have recorded his license in my journal. Should I also be recording the license of the loan agent if they are at the signing and sign as a representative?
You are not at representative. You are a LOCAL NOTARY completing the “insert process here” document signing on behalf of the “insert type of company / or name here”.
Make sure you keep your distinction for your own protection. It’s part of my CYOA policy.
We are dealing with legal documents/processes. What we state can have a detrimental impact should litigation ever occur. What we view a word to mean in our daily speech can mean much more in legalese.
Now… the witness. I NEVER witness. Ever. It is the responsibility of the signer & their title co / loan co, etc to prepare them.
In Texas… notaries are not to notarize docs where they stand to gain any benefit from that action. It’s a law here. You can easily lose your status here because of this.
Acting as a witness & notary can be viewed as conflict of interest. You are expecting to paid to complete the process on behalf of that company. If there is a problem even a crap attorney can present your acting as witness as self interest making you partly responsible for whatever occured.
“Judge… he/she acted as witness to “insert legal lingo that is accusatory of you being a part of a problem for financial gain in spite of your innocence” at the cost of harm to the pitiable Mr &/or Ms So & So.”
Review your docs beforehand. Let the signer(s) know that they have the responsibility of producing a witness even though his agent should have done that.
You have to remember… that companies job is to get that signer bound to a contract. You are not their priority.
I did a signing at a diner. The couple forgot about the witnesses even after I reminded them. They asked a couple at the next table to witness for them. They just needed 2 legal adults and no notarization on that page was required of me.
The lender agent in the signing told me that I needed to be the witness for the signers. This is aggravating to me, as I was not given a choice and would have had to make waves if I had protested. I really do need to learn how to say “No.”