I had a signing this morning where the signers spoke Vietnamese. (I only speak English.) They did NOT speak any/much English. They wanted to use a teenager – then a realtor – as a translator. I said “no,” that if I cannot communicate with the signers directly that I cannot notarize for them. In the last 30 minutes, I have gotten massive pushback from the title company that I “backed out” of the signing, that they will not pay a trip/print fee, that they are having to send another notary to do the job. I told them why I didn’t complete the signing, that the signers and I have to speak the same language, but they (the title company) thinks I’m being unreliable and flaky. I’m not wrong. I actually went to the NNA hotline and they forwarded me the statute that says I cannot operate with a translator, that the signers and I have to speak the same language.
Have you encountered this kind of situation? How did you handle it?
Never had the problem, but your post includes your solution. Just forward the statute you received from NNA to hiring party. Title knows or should have known that a translator cannot be used per statute.
On the rare occasions where something about the request suggested the signer might not speak English, I made sure they did before I decided in my own mind to go to the signing. I haven’t needed to use a translator. If I found out a translator would be needed but one wasn’t available, of course I’d contact the hiring party and tell them I couldn’t do it.
My state doesn’t have any law or rule I know of saying if a translator can be used or not. I’d certainly research the matter before I used a translator.
EDITED TO ADD: I sent the statue (and the notice of professional practices for notaries from the NNA) to the title company agent stating that a notary CANNOT notarize a document for a person when they do not share the same language. This title company agent sent me the name of the notary who accepted the assignment after I “backed out.” (I’m making a broad assumption here, but this new notary doesn’t look as if he/she speaks Vietnamese.)
My point to this entire thread is that there are folks out there willing to bend/break the law-- or ignore statues and practices-- in order to make a buck. (I’m looking at the title company person.) Maybe the new notary (the one after me) doesn’t know she/he can’t perform the job. I don’t know. There are, however, folks out there not doing what they should be doing and doing what they shouldn’t be doing.
I ask because a California notary must be able to communicate directly with signer. A translator/interpreter is not allowed. That provision is in our California Notary Handbook. The NNA is located in California.
Different states have different rules and regulations. Hopefully, the NNA cited you the correct regulation for your state.
If you are located in California, you can send that title company a copy of the Handbook, give them the info where to find that regulation in the Handbook AND cite Government Code 8225 which reads:
Ҥ 8225. Improper notarial acts, solicitation, coercion or influence of performance;
misdemeanor
(a) Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code,
or any other provision of law, prosecution for a violation of this offense shall be commenced
within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any
other relief or remedy provided by law.”
If, in fact, you are in California, that title company should know that it is illegal for them to ask and/or coerce the notary to do something against notarial law.
Glad you backed out of this assignment. Lenders KNOW that loan documents can come in different languages if the borrower does not speak or understand English well enough. And if you do not speak their language, asking for a notary who does speak their language only makes sense. As a notary, if my signers cannot understand me and cannot speak or read the language of their loan documents, how on earth can I be expected to notarize their documents? Multi-Language Resources for Lenders | Fannie Mae.
