Not going to get in a …you know what…kind of contest with you over one word - but that one word makes all the difference in the world between UPL and non-UPL
I am not going to argue with you either. If you cannot go to a closing and explain the documents then you open yourself to a lawsuit and have no one to blame but yourself. This is not a point and sign job. I guess this is why I have been a notary for over 30 years and have never had a claim filed against me or pulled into a lawsuit and have signers requesting me on their closings.
I was a closing paralegal for 25 years and a signing agent here for 16- I, too bring experience - a lot of it - but some of that experience I have cannot be used in my “notary” capacity as it would constitute UPL - I’m not a point and sign notary either - I present the docs, review, ask if they agree and all is correct, sign.
Let’s end this on agree to disagree on the UPL components here.
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Yes Linda, you are correct. We can provide a definition of the document, and show them where in the package to find particular information, But, if a signer is reluctant to sign a particular document, and has uncertainty, then I would refer them to their representative (loan officer or otherwise) for further clarification.
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Bingo - that’s my point. That is our limitation - thanks Mary.
I’ve lost track of how many times I’ve been asked a question and I knew the answer with 100% certainty but I had to say “I’m sorry, I can’t answer that, let’s call your LO/EO or whomever” It kills me but it’s what I have to do or the liability for going farther is immense.
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I would say your signer had no problem with signing the document that is now pulling you into the trial. What I would say is that she has no other way to get out and around her signing the QCD therefore she is trying to put the blame on whoever she can. If she was reluctant to sign the QCD then you would have called title or the LO so they could further/better explain the QCD. Apparently she was on board at the time of the signing. Again it sounds like she is trying to blame anyone and everyone but herself.
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I experienced a sad signing with that on a reverse - hubby qualified, wife didn’t - loan in his name, property QC’d to him with her signing as NOBS - fast forward a few years he passes and she still does not qualify for RM and has no credit to refi or buy out - hello foreclosure court.
These are tricky deals.
Hmm, unless you’re a lawyer too it’s not your responsibility to explain the documents to people above a general description. Your job as a notary public is to identify persons and witness signatures.
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When an attorney calls to question a notarization I keep the lip zipped.
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So, the ending of this story is that I finally was emailed the notarized documents. It was my last
name and an initial on the notary stamp and not my commission number. Emailed the attorney. Different notary in a different county…
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@marysdesertnotary WHEW!
I’ll bet that’s a 14-day stretch that you won’t soon forget! 
Now for a good night’s rest . . . 
======
Also, a ‘learning lesson’ to all for submitting a request to receive substantiating documentation ASAP to verify the actual participants.
Do you mean submitting a request to the Court? As the attorney ignored my requests several times since the supoena…And yes, a good night’s sleep is in order!!!
Hmmm . . . meant that it’s elucidating to see the documents in question ASAP. => Understood that you endeavored along those lines, but were stonewalled. As a formally trained, certified, & widely experienced Program Manager, I tend to escalate to the next appropriate level when that type of response is encountered.
NOTE: No criticism intended, just that the lesson to all was a good ‘learning lesson’ by you sharing your experience & members learning vicariously about the importance of seeing the actual documents.
Agree ~ picture worth thousand words. The legal proceeding sounds like those involved grasping at straws. People signing documents should be more aware but responsibility is on signer. Back peddling rarely wins.
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Thank you for your input. Good advice!
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Not having a claim, civil complaint, or criminal accusation filed against you does not mean you’ve broke the law. It’s is our integrity to do thing right each time. All it takes is one error you open yourself up for scrutinizing every notary you’ve ever engaged.
Summoning a Notary to court is not an indicator of blame. It’s more likely verifying a signing took place. From the OP’s post it may be one party challenging the other over right of ownership on a divorce case.
I’ve been summoned to court several times and not once was it to challenged by Notarizations or accuse me of wrong doing.
Identifying what a document is such as a POA, and explaining the purpose, cause, and agency of a POA are two different matters. The former is ok to do, the latter is called practicing law, and unless you’re an attorney, can get you in deep trouble.
Having been called a few times, this is what I have learned:
The only evidence you provide is a copy of your journal entry.
The individual requesting such must provide you with the date of the act and the name(s) of the signers.
Each attorney must request such in writing.
Do not provide information from your memory. Do not provide your opinions. Do not defend your actions.
You are a Notary Public, not an attorney - it is not your responsibilty to ensure that a signer understands a document. We are legal witnesses - our seal confirms that the signers were identified as the individuals named on the documents.
Invalidating a notarial act is a quick way to invalidate a document. Therefore, attornies try it first.
Read up on your state’s notarial laws. In litiguous states such as mine, you will face this again.
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Curious ! What was it for?
Interesting ! We are always told. WHAT and not WHY.
We had one exception to this rule. The owner of a Title Company had sold his own property to a buyer and had chosen us to do the closing as he wanted us to explain all of the documents to the client. Which we did as we are Brokers and had knowledge of the paperwork.
I’ve been subpoenaed on a fraud case when a family member attempted to gain control of a family trust. I caught the fraud and immediately notified the local DA as to what was happening. We went through with the signing, where I intentionally flubbed the notarization, under the guidance of the ADA, as a preventative step. It felt like old times being part of a successful investigation and conviction.
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