I had a simple signing for a limited POA recently where the signer spoke no English, her son was the witness and the translator. They had already completed the jurat and were just waiting for me to stamp it. To top that the buyer was the one giving me poor directions after GPS took me in circles. I was curious as to why the son wasn’t the contact person seeing that his English was great.
The son was getting annoyed with me and couldn’t understand why I was giving his Mom a hard time for not knowing English and why he couldn’t be her witness. He told me he was also studying to be a notary. I said I only need to communicate with her enough so we’re both on the same page. He was not happy.
I apologized, packed up, was about to leave when she spoke to me in English. I had her sign my clean copy and got someone else in the house to be her witness. Apparently her family laughed at her when she attempts to speak English. I told her not to be embarrassed and emphasized the importance of understanding what’s happening at the table.
I didn’t catch FedEx and got the ok to deliver it to the title company the next day. I’m still awaiting payment.
The language barrier can be difficult, for sure. Sounds like you handled this one correctly though. I’m always amazed that so many properties are bought and sold by people that do not speak the language used in the legal documents for the transaction. Here in Southern California for example, there’s a large population of Spanish only speaking people. Even when utilizing a Spanish speaking notary, how is this possible? The fact that the signer can’t possibly understand what they’re reading/signing seems to be a major problem. Notaries can’t legally translate the documents without unlicensed practice of law…or can they?? 
Out here on the bottom end of the left coast, most of the population can speak and understand a baby talk level of Spanglish. Also, these US persons are culturally familiar with the all-powerful notarios who give faith to whatever is being signed. So La Abuela’s English gets laughed at by her Ninos, but I bet she understands more than she lets on…
In WA, translators are supposed to be third parties with no possible interest in the transaction. I mentor a bilingual notary so when I did a local signing where the couple didn’t speak English I took him.
There are translation programs now available that seem to be pretty good. But I often ask a signing service why a bilingual notary was not sent on some assignments. When I call someone who clearly would rather speak Spanish I have asked the SS before to re-assign to a bilingual notary, there are a few in the area. I also give my friend’s contact info out when the signers speak Spanish as a first language.
I’ve done signings where the spouse translated and I’ll speak to the SS before going very far in case they don’t want that. I’ve never been told to leave a signing. I’m pretty careful not to do many of those.
In California, a translator is not allowed. The notary must be able to communicate directly with the signer(s).
I think that’s certainly safer.
II’ve seen a lot of questionable loans sold to “no English” borrowers. Most signers can speak a little English. Unless you’re a lawyer, translating loan docs is UPL.
Point and sign, for example. Por favor, firme aquí, iniciales aquí, ¿Preguntas? Teléfono Senior loan officer.
Then leave copies in English.
Oddly, the son wasn’t the main contact since he could translate and communicate well. Maybe they just wanted to keep things formal or stick to the original plan, even though it made things a little more complicated. As for the directions, that must have been frustrating, especially if GPS wasn’t helping! When dealing with non-English speakers, it’s always helpful to have a trusted translator or someone fluent, but it’s interesting how things unfold sometimes. Legal translation can make things smoother too—maybe that’s worth considering for future cases. Here’s an article on legal translation services that might offer some good tips.
The notary is required to determine “knowledge” of the signers in WA. So if signer did not speak, read, or write the language of the loan documents, that should be a huge red flag for Washington notaries. And they should contact the hiring co or title co to request a translator. (Loan documents can be provided in both Spanish and English.)
(see also: https://www.consumerfinance.gov/about-us/blog/support-spanish-speaking-customers-with-spanish-language-disclosures/ )
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