This morning, I received a signing order with the following instructions: “Clients do not speak fluent English. The wife can understand but does not speak very well. We are arranging to have a family member present who can translate if a Spanish-speaking notary cannot be found.” How does the hiring company anticipate a Signing Agent/Notary Public will execute any notarial acts in the state of Florida under these circumstances?
Florida Statute § 117.107(6) states, “A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.”
Additionally, direct communication is required: “The notary must be able to communicate with the signer directly in a language they both understand to confirm the signer’s identity, willingness, and understanding.”
I elected to give back the signing order, because of the potential communication problem. I feel this was a legal landmine waiting to be stepped onto. This is one of those reason for refusal of services.
@cfletcher you said the order stated ““Clients do not speak fluent English. The wife can understand but does not speak very well.”
So, the wife CAN understand English, just doesn’t speak it very well. I think you could have done this, especially if a translator could be available to clarify for her, but if you weren’t comfortable, that’s another story.
And @slcaldwell201 , as to “I’ll never take a doc in a language I can not read” - you don’t have to read the document…the signer needs to be able to read it and understand it. The notary is not responsible for the contents of the document. But, if you’re more comfortable not doing it, then so be it. Your responsibility is being able to identify and communicate with the signer.
I will notarize a document that I am unable to read, provided there are no blank fields or it is not incomplete. I must be able to communicate with the signer in my English language to properly execute the jurat or acknowledgment notarial acts. My duties are to verify the signer’s identity, witness signature and prevent fraud. I also need to establish that the signer is mentally competent and participating in the process of their own free will. The truthfulness of the document’s content is not my concern, so the document may be written in a foreign language. The signer must be capable of reading the notarial certificate, the one I use are written in English.
@LindaH-FL This company has previously assigned me to signings with clients who were not proficient in English, which didn’t present a problem. But this was the first time they explicitly stated a third-party translator would be present. Since I cannot verify what is being translated, I am unable to ensure fraud prevention. I have completed signings with non-fluent English speakers without translators before, but as loan signing agents, we must review documents and confirm understanding directly with signers. For this reason, I will not participate in a loan closing where an interpreter is involved, especially if the interpreter is a family member. There are reasons why immediate family’s members are not allowed to be witnesses.
IMO the reason I won’t sign a foreign doc is because of NOT having the ability to give the acknowledgement in their language. And im not giving my bank card and pin # because I witnessed them signing to the truthfulness of this document
But that’s just me I’m not signing a doc in a foreign language
That’s is a real good reason NOT to for me, because it could be saying give them my bank card & pin. I can’t give an acknowledgement or oath to any one if I can’t communicate in their language. For this reason I’m out. But you do you!
@slcaldwell201 but he could communicate with them…and they with him - he was advised “Clients do not speak fluent English. The wife can understand but does not speak very well.” Along with having a family member there to translate, in FL (and I’m sure other states) there would be no issue.
In Washington State you must be able to communicate with a signer in their language. There is no exception. There is no my son or daughter or wife or next door neighbor will translate. It’s an issue in many states. What’s the Spanish word for Indemnification? It wasn’t spelled out in Washington but now it is. I personally think Spanish speaking borrowers are owed the courtesy of a notary speaking their language.
@LindaH-FL Based on my experience, title companies often rely solely on information provided by borrowers, which doesn’t always guarantee honesty. I’ve encountered instances where one signer claimed both understood me, but during the process, one would translate my statements to the other, indicating a lack of English comprehension.
The Florida statute outlines prohibited acts—here, my concern is communication in English, not document content. If someone does not speak or understand English and may need a translator, I will not perform the notarial act. Clear communication is essential, and I must follow Florida statutes regarding language requirements.
It’s just a bad idea to try and notarize for non-English speakers if you can’t speak their language. Any suggestion otherwise is misguided. I have started to give schedulers info on the bilingual notaries in my region. Because sometimes Spanish speakers are not forthcoming to say I need a notary that speaks Spanish.
Reasonable Accommodation vs. Language Barriers: Are We Truly Serving the Public?
Under Florida law, specifically Section 117.05(14), Florida Statutes, a notary public must make reasonable accommodations to provide notarial services to persons with disabilities. The statute further clarifies that a notary may notarize the signature of a blind person after reading the entire instrument aloud to them.
This requirement reflects an important principle: a notary public is not merely a business owner — a notary is a public servant commissioned by the State of Florida. The role carries both authority and responsibility.
The Question
If the law requires accommodation for a person who is blind — including reading the full document to ensure understanding — why is there resistance when the signer speaks only Spanish?
Are we drawing a line based on legal compliance, or convenience?
@antonio Comparing language differences to disabilities is inaccurate; speaking a foreign language isn’t a disability—otherwise, anyone communicating across languages would be considered disabled. As outlined by the CDC (CDC’s website discussing the aspects of the qualifications of a disability - Disability and Health Overview | Disability and Health | CDC) and Florida’s notary statutes (§117.107[6]), we must follow the law regarding non-English speakers and not selectively interpret regulations for our convenience. The main issue is whether we comply with legal requirements, not where we draw arbitrary lines.
@antonio A language barrier is not a disability. And accommodations are in place in FL (and probably other states) for the use of a translator. The key is “communicate” - notary must be able to communicate directly with signer (and in the instant case, it was possible).
It seems my point may not have been clearly communicated. Is a Florida notary considered a public servant? If so, what would you define as the fundamental role and responsibility of a public servant?
