I completed my first signing yesterday, and I was wondering if anyone would like to give me some feedback!
The docs were sent directly to the borrower. I requested a PDF copy to review beforehand but did not receive one. I believe the docs were sent to the borrower because her spouse had already signed them in another state (OR) while she was on vacation in my state (NM); therefore, they couldn’t be scanned.
For the docs in the package that were already signed by the husband and notarized in OR, I attached a separate certificate. I did not think I could notarize the same certificate that was already completed in OR. I had the borrower sign on the top of the separate certificate rather than on the document page; I thought if she signed on the actual document it would be unclear whether her signature was notarized in OR too. On the bottom of each separate certificate I notarized, I specified which document the certificate is attached to. Does this make sense? Did I handle it correctly?
When reviewing one of the docs, the borrower asked what “simple fee or leasehold” meant; she said she was just curious. I told her I wasn’t sure and volunteered to look it up on my phone. I gave her the basic definition and told her if she had further questions we could call the lender. (She didn’t want to call the lender.) Was that okay? Should I have handled it differently?
If there is a mistake in the package that is the notary’s fault, is the notary always contacted about it?
Not quite. You should have had her sign the document and you attach your state compliant cert - if I’m reading your post correctly, title/lender has only a partially signed document. Borrowers always sign document where indicated and how indicated…you can attach a loose cert.
Should have contacted title/hiring party and let them explain to her … And here’s why - down the road if anything comes up with this loan, she can say “but the notary told me what it means, I had no idea what I was signing”. How did the notary explain it? " Looked it up on their phone". Uh oh
I actually spoke with title and asked about the separate certificates. She gave me the okay, but after the signing I couldn’t stop thinking about whether we had a miscommunication about where the signature should go. But I still would feel weird about having the borrower sign a page that was already notarized. Is that crazy of me? If the separate certificate were detached, it would falsely seem as though both signatures were notarized at the same time and place.
Thank you for the feedback - I was really unsure of this. I understand that we can explain the ‘what’ but not the ‘how.’ But how much detail are we expected to know? Does it look horrible for the notary to understand the overall purpose of a doc, but be ignorant about its details/terminology? (As is probably obvious, I have no background in real estate.)
The most common approach for the situation you described would be
The husband signs on the provided signature line.
The OR notary fills out the notary certificate. The certificate only has the husband’s name in it; if both the husband and wife’s name was in the certificate, the OR notary should have drawn a single line through the wife’s name and initialed. If the OR notary didn’t, it’s a mistake, but you can’t fix it.
The wife signs on the signature line provided for her.
You attach a loose certificate which contains the wife’s name, and not the husband’s name.
This type of signing (commonly known as a “split” signing) can be very state dependent. I’ve operated in states where separate certs were required, or in others, you would simply notarize and stamp next to the persons signature you witnessed. Also keep in mind the state where the docs are being recorded has some jurisdiction in procedure as well. The venues (as indicated on the stamps) alone would show who’s signature was notarized where. Again, very state, situation, transaction specific. For example, my state forbids a notary from acting as a witness while acting in the capacity of a notary for the same transaction, but if I’m notarizing docs that are going to be recorded in Florida, then I can act as a witness as well because Florida allows such. It all can be very complicated because our position (as a notary, NOT a signing agent) is regulated by laws and statutes. Not sure about your state, but my state’s SOS will give you the “plain English” version of the statutes, or a simple “yes or no” when I call for clarification.
Wow, thanks for the feedback! I’m going to have to study up on all the relevant laws. If you were in my shoes and you were unsure, what would you have done?
I would have completed my part and sent it back to wherever the FedEx or UPS label said it was going. I would have let whoever hired me know what I noticed.
The borrower HAS to sign the document where indicated; we can’t be having them sign anywhere they want - have you heard anything back from title about it because I’d be really surprised if they accepted it, As for the cert coming loose, that’s a chance taken but it should not seem as though both were notarized in the same place at the same time because the first notary’s cert should have their signer’s name in the cert.
It would look horrible only if presented in the wrong way - you may know the answer but there’s a difference between knowing the answer to the question and having the authority to present that answer to the signers. Example: I have over 25 years as a real estate closing paralegal - as a result, I can draft a CD/Settlement Statement - I understand the hows and whys of the numbers and know how to get them, where to get them, how to calculate them, etc etc. However, I do not have the authority as a signing agent to explain to the borrowers how their per diem interest is calculated or why, or why the lender wants 3 or 4 months escrow cushion then gives a credit back because they took too much - I KNOW why…I don’t have the authority to tell them.
It’s a fine line walked between doing your job and UPL - and you have to make sure you stay on the straight and narrow of it.
Better late than never!