@kiersten.tabion I give you credit for powering through. Here in FL, we are required to read the docs to the blind signer - there is no way I would do ANY loan closing for a blind signer, especially a reverse!! Every ack and jurat would have to be changed and I would have to read all those notarized docs to them in order to notarize. No thank you.
The individual signing the document was blind? Could you kindly confirm whether you are a licensed attorney? As your notary errors and omissions insurance does not protect against unauthorized practice of law.
Attorney? Why would I be practicing law? No different than a sighted signer, they have to have counseling for reverse mortgages. I treat them exactly the same-read the name of document and the only difference is I have a guide specifically made for sight impaired people that helps keep their signatures on the line.
Why would I need to be an attorney?
I haven’t had that experience, I go thru the docs the same as I would for a sighted signer-had the LO on speaker to answer any questions and then had him sign in this handy dandy little guide to keep his signature on the line.
I totally agree. I do the same when I see a reverse Mtg
These signings require patience and can easily take 1 to 2 hours to close depending on the client. Applications can be 250 pages plus. I decline them all the time. I wouldn’t touch a RM for anything less than $250.
You are absolutely right for standing your ground. It is beginning to be ridiculous in these notary streets.
Florida and California have the same notary rule for blind signers. Neither state has adequately dealt with the issue of actually reading aloud 180 legal documents to anyone. I’m sure Kiersten is just providing a brief overview of each document, something any LSA would be expected to do when introducing a document for signature and using her signature thingee to assist the signer.
I recently accepted a reverse mortgage application. When we finally sat down, after chasing the dog around the house, the applicant had other incoming calls coming from other prospects that she said no to because I was there to help sign. When it was time to collect documents from applicant, I did so. Applicant watched me put them on my clipboard and in my bag, like I’ve done before without issue. However, it was not until I got back to my office and was preparing for another closing that I received multiple messages from applicant stating I took her originals and demanding them back right away. Therefore, I had to setup a time and a courier to take the originals back to her a few days later. This was in another city 1 hr away and I had to be there again anyway or I would have mailed them back to her. Needless to say, I learned a hard lesson to always ask if the docs are originals or copies of originals. I chose to have a courier deliver to her because she was very rude to me. I was offered to do the closing as well but when I saw the name and address, I asked to be removed for good reason.
Can you site where the rule is regarding blind signers be read every page in California?
There is no information in the handbook, likely due to the notary working in tandem with a lawyer Therefore, it is advisable to seek guidance from the NNA. In California, a notary public is legally permitted to notarize a document for a visually impaired or blind signer. The key consideration is to confirm that the signer fully understands the document and is signing it voluntarily. While California law does not provide specific instructions for this situation, the National Notary Association (NNA) recommends several steps to ensure a proper notarization.
The procedure is as follows:
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Confirming Understanding
- The notary should ask the signer if they comprehend the document and its purpose.
- If possible, the signer should explain the document in their own words to confirm their understanding.
- If the signer is unable to accurately describe the document, the notary should not proceed.
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Reading the Document (if necessary):
- If the signer cannot read the document, the notary should read it aloud, ensuring that the signer can hear and understand it.
- The notary should be patient and allow the signer enough time to process the information.
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Addressing Coercion:
- If there are any indications of coercion from family members or others, the notary should politely ask them to leave the room until the notarization is complete.
- If they refuse, the notary should decline to proceed.
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Proceeding with Notarization
- After confirming understanding and willingness, the notary should follow the standard procedures:
- Identifying the signer (using acceptable identification in California).
- Performing the appropriate notarial act (e.g., acknowledgment, jurat).
- Assisting the signer in locating the signature area, if necessary.
- Ensuring that the signer signs the document and the notary journal.urnal.
- After confirming understanding and willingness, the notary should follow the standard procedures:
Not to mention it can be 300 to 600 pages for up to 2 sets of documents and it takes.more.than an hour. You would have done that signing for free. Good for you.
Estate planning way easier than a reverse mortgage. Usually the neighbors or friends come over to help witness. Never had one go longer than an hour and the only one i had that went that long was because i was enjoying the signers and the friends conversation. It was hilarious and it was distracting me from finishing the signing in a more timely manner
I couldn’t have said it better. I’ve done the same quite a few times. Hugs & respect to you. You stood up for ALL of us.
I used to do those for $150-200. I know that it is hard to get paid what we used to make 5-10 years ago, due to the flooding of market with new signing agents, but you have to wonder how low can it go?? Reverse signings are large packages with people who often require lots of time. Can take up to 2 hours to sign 2 people. It needs experience and patience. $84.00 is a joke!
Pick up as many Estate Planning engagements as your can. Clients have already gone over the package with their attorneys, which means a lot less questions for you. I was able to start handling notarizations that involved Tort Liability cases, Personal Injury cases, and contracts by networking with attorneys.