I see a common thread in many of the questions:
a) lack of common sense (sorry no better way to put it)
b) playing policeman (not our job), if we see something possible illegal, don’t notarize or in the case of
a NSA bring it up with the title company if it’s a little bit fishy.
c) getting too involved…we are not there to summarize or give advice
d) lack of fundamental knowledge of what notaries do and and can’t do!
e) lack of proper preparation BEFORE you go to the meeting
f) failure to read with understanding what the jurat/ack says and MEANS!!!
NSAs that go to a signing after being told (or in many instances not even inquiring if the CD was seen), that the signer didn’t see the CD is a recipe for disaster, one risks having the signing being refused.
Excellent advice to ask the borrowers if they have already reviewed their CD. For the longest time I didn’t even know that this was emailed to them in advance. This is a good question to ask at the time of confirming the appointment because I would frequently hear from the borrower, “I think so…I don’t know…I got a lot of emails from them”. This is the time to gently nudge them to look it over for accuracy prior to the appointment so that everything will go smoothly at the time of signing.
Good advice. I had a signing with 144 pages this past Saturday. The couple said they had not received any information from the loan/title company. I was saying sooooo many prayers and blessings that they did not want to read the entire package before signing. (I did offer them the chance to read the documents first). This is something I had not thought about. I’ll make sure I ask before I go to my next signing. Great advice!
One way I handled that issue (the CD) was to ask them during confirmation call if they were expecting to receive finds back or pay money in…saved surprises many times.
I always ask about funds, just in case some are due and the signer intends to write a personal check…which may not be acceptable… again failure to prepare risks having a signing go bad!
Thank you for all great advices.
I am newbie, and yes you are right, I read in other forums that Notaries get too involved. Just make sure the document is completed and make sure that they have a valid ID, and that’s pretty much about it.
We are not responsible for content of the document.
Not to throw you under the bus - trust me, I’m not. But this is the problem with new people entering the business and the lack of, or inferior, training they’re getting. This has been a law on the books for several years (since the CD replaced the HUD) - they are supposed to receive this 3 days prior to closing to review.
Like I said, not trying to give YOU, in particular, a hard time - but this is a prime example of why we veterans are pulling our hair out when these 6-figure training promises are flaunted here.
When you put yourself out as a signing agent, you are wearing a totally different hat than “Just a notary” - valid ID and a complete document is a duty of the notary - proper documents and ensuring the signers are in agreement with the contents of the docs (such as the CD) are the signing agent’s responsibility - you wear two hats and both carry significant responsibility AND liability.
. . . 
