If there is suspected coercion you have an obligation to halt the signing right then and there. Notify the signing agency/title comp and let them deal with it–you are not a lawyer. Once a notary goes farther you open yourself up for a lawsuit and none of us are wealthy enough to survive it.
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I would note that in my journal and pass that along to the title co/signing co so that they are aware.
Wow! Thank you for posting this. It sounds like coercion. But the question is: how would you have gotten out of the house upon refusing to continue to do the signing if you had discovered prior that it was coercion before beginning signing the documents? What if he was coercing her and then you refused and he began to get combative? As a female NSA this would terrify me. What if the husband was abusive then that mean he may attack whoever the NSA is. My God.
I’'m having a hard time accepting that proceeding with the signing as such. One of things to consider is is she signing on her free will? In the training, it was brought up that if you feel that this person is being force, halt the signing. This sounds like coercion.
I had a similar situation once, although they were both on the paperwork, he told her to get in there and sign and shoved her. I said I cannot make anyone sign and if you threaten or shove her again, I will leave without the papers being signed! I debated when I left if I should call the police or not, but I don’t know how he treats her when others are not around and I thought she could call the police if she wanted to.
I also remembered what another notary said to me before we are not to get in the middle of their fight,we are supposed to be neutral
Be careful of your assertiveness in a potentially violent situation as this might cause someone to interpret your actions as threatening. You may have to talk your way out of the environment. You can claim that there’s a problem with the document package, something’s missing and you’ll have to reschedule, suddenly get ill, etc… The moment you are out and at in a safe location call the police and document what you observed in your journal, especially what made you think someone or yourself were in danger or being coerced. Your journal becomes evidence for the investigation. You only want to assertively refuse to close the signing if doing so won’t put your or anyone else in danger.
I have on my job sheets ( a form I created) both oath and affirmation wording, so I can actually administer sworn affidavits correctly.
Part of the statement is that the signer is "executing this document of their own free will and accord’.
However, if there is any indication of pressure or coercion, observations should be made AFTER the completed appointment as notes in the journal, and potentially in writing to the lender (stating factual observation, not opinion).
For example, if the signature is provided under threat (“sign it, or else”), the lender should be advised. Notes and communications with lender should be done after leaving the signing location, as domestic violence or other dysfunction can present some really unpredictable, and DANGEROUS, situations.
Obviously, if physical violence (or threat thereof) is directly observed by the NSA, the NSA must consider whether police should be advised.
HWB.
Based on YOUR post, here’s what I got:
1.) I’m not a psychologist. If I was, I wouldn’t be in this business (hence the Narcissist thing).
2.) You met with her AFTER the signing was conducted (why?)
3.) Determination of a “duress” situation (your part as a notary) should be confirmed PRIOR to one signing, not after (Was this done?)
4.) She “Jokingly” made a statement AFTER signing willingly. (so what’s the issue exactly?)
Assumptions only generate more assumptions, as you can see in the replies to your post.
It’s definitely OK to have an “odd feeling.” It’s not (always) OK to act on those “odd feelings” based on assumptions, especially if you followed SOS procedures.
For example, if my wife tells me we need to take cash out of our home to pay for 4 late car payments or lose the car, Yeah, I wouldn’t like it, but it doesn’t mean I won’t benefit from it. We need transportation!