Fellow Notaries,
I ran into a very determined borrower who refused to sign a rudimentary disclosure. It had to do with the receipt of an energy pamphlet (regarding usage and appliances). I mentioned to title that since the borrower refused to sign one document I couldn’t continue … all pages must be executed even the mundane ones and I proceeded to adjourn. The signer asked for a copy of the pamphlet and again I mentioned the RE agent would oblige but it wasn’t contained in the documents. Signer reached the loan agent, loan agent concurred and the signer was still resistant.
Do you ever continue the closing when the signer refuses to execute a “non-recorded” document?
I think I would have turned it sideways in the stack and at least tried to move on. If B happily signed everything else and you got to the end, B would probably THEN realize it isn’t important, but getting the loan IS–and sign the paper.
On the other hand, if B had issues with every darn doc–that’s a whole 'nother story.
There’s a form most loans include that the signer acknowledges the lender is going to share their tax returns. I had one person who flatly refused to sign that. I told them I didn’t know if it was a condition of the transaction but I would advise the title company.
That one closed anyway. On a different one with a different lender when that happened I had to go back and get it signed or the lender would have canceled. So I don’t try to figure out what form will kill a deal when signed or not signed. But if anything is a refusal to sign I finish anyway because non notarized forms can be signed electronically after the fact and a lender can say you can sign it and proceed or we can’t do this transaction. I don’t determine that.
@naomI In the rare instance when this type of scenario has arisen, I have always utilized the technique as excerpted above.
Implementing this technique serves at least 2 purposes:
Gives the Signer(s) an opportunity to mull it over a bit
Enables you to gather all questions for the Title/Escrow Company [T/EC] to be asked at one time during a single call to T/EC when you near the conclusion
Once you confer with the T/EC, the Signer(s) concerns are usually assuaged
FYI: The T/ECs are greatly appreciative of Professional Signing Agents [PSAs] who avoid “peppering” them with one phone call after another while proceeding through the stack of documents.
Great question, and a very common occurrence. I had this happen as recent as yesterday, 28 Aug 26. The client couldn’t fill out a title document that didn’t require notarization. I called Title and they said they can wait for the information, but if the lender already had it (homeowners insurance details), they’ll accept it with a simple note on it and a signature.
If a notarization is required, and they can’t sign, Title will work with them; but if they flat out refuse after they’ve spoken with the Lender and Title, signing would be adjourned. I’ve experienced several versions of adjournment. If after I leave, and I’m called back out to continue signing, I’ll charge an additional trip fee.
And sometimes your client makes us look bad when they take issue with several non-lender documents as signing progresses. The issue I’ve seen is that Title will throw in a pre-packaged set of documents that isn’t tailored to the loan, and I don’t know until the client looks incredulously at me! One document that comes to mind is the confirmation that they’ve either received a copy of their appraisal 3 days prior to closing or that they refused, when one wasn’t even done! They don’t care to make this document a simple question of “Did you receive…” along with “would you like to receive…” if the answer is no.
For me, it depends on which doc the signer has questions or concerns about. If it’s an ancillary, boilerplate info doc like the pamphlet, I flag it with a post-it and ask the borrowers if it’s okay to continue signing the other docs. If at the end, the borrowers decide they want to talk to someone then, I call the loan officer so all questions/concerns get answered in one call. In my experience, they’re tired and just want to be done with it so the phone call usually ends up not happening.
But if the doc is one of the critical ones — note, deed, closing disclosure, first payment letter, etc. — and the signer refuses to sign or wants questions answered, I call the loan officer right away, because those are the docs where the deal can fall apart. Of course, if the borrower wants the LO on the phone right away, no matter what the doc it is, then I call.
Same, usually… what I didn’t mention had more to do with his demeanor. I got the direct impression he was being “condescending” toward me & while I can ignore a bigot just as good as another; the display made over this form made me uncomfortable. Can’t close them all… I guess.
You call the tite company and your SS…usually title who will contact the LO or lender and tell them they are not comfortable signing this document, they want to draw a line thru or whatever they feel is right. More times than not, they will tell them it’s not necessary, and move on. If they really need it, they can docusign it later or for funding. I wouldn’t hold up the closing over that document as probably not crucial or recordable and something they can deal with when they get it back. Sometimes we use our common sense, and this is one of them. You disclose who you called and spoke to so you are covered. Everyone would be pretty upset if it didn’t close over this (junk doc) disclosure acknowledgment.
If the signer refuses to sign a particular document, I simply warn them that it could delay the closing and move on from there. I would never stop a signing because of that unless instructed to by the lender or title company. Items that don’t require notarization are often settled after the fact and the notary doesn’t have any involvement in it.
Can’t close them all… I guess.
Thank You 
Your instincts are On-Track