Now here is a perfect example of the problems that we notaries face when working in the mortgage field, be in an escrow, real estate, title, etc.
I get a call from a lovely woman who has been working in the title business for a very long time. She works with many of the notaries on 123 and she pays very well. She is also a notary herself. And she has noticed that it has picked up greatly due to these Obama Harp (Heart, not sure as to the spelling) loans. She wanting to spend more time with her family felt that she would give the signing agent gig a try part time and see if she could make it as a signing agent herself. She was intrigued and most of all tempted by some of the handsome fees that we charge and that she is paying out. She was quick to point out that we make really good money…I told her some of us do and some of us don’t..but that is another story all together…LOL
I went on to explain that yes for the most part we do but only when we work with people like her that pay well. So, I go over all the advertising options with her and she signs up and we vow that we will speak soon. I tell her that if she needs anything at all feel free to get in touch with me.
A few days past and I do in fact hear from her. She is concerned and wants to leave a complaint for one of the notaries and needs instruction on how to accomplish this. I ask her for the details. It seems that she was in need of a notary and the assignment called for this notary to come into the title office to meet with their clients. The documents would be printed for the notary, so nothing for the notary to do but show up. The notary arrives as promised and the title girl introduces the borrower to the notary and she then leaves them to go on to other duties. Shortly thereafter, our title girl returns with a last minute document to be signed by her borrower and as she enters the room she is astounded that her borrower is crying. The title girl asks what is wrong and the borrower says the notary told her that she can not notarize her signature because it would be illegal at this point to do so. She turns to the notary and the notary begins to explain that the government issued ID does not match the documents. The title girl has now become somewhat angry with this notary and she told her that she could use the ‘signature name affidavit’. I’m thinking, What?? Here is a title person telling the notary to use this form, I stop her cold in the conversation. I ask her why she felt that this was OK? She says that that is what the form is for and that (remember now she is a notary) she uses it as well.. I am thinking oh boy, when the ‘you know what’ hits the fan….there is going to be hell to pay. I humbly explain to her that that is NOT what this form is for and even if it were a notary public cannot use it in place of government issued identification. Our title girl was shocked to say the least as she had been told by many that this was OK to use. She also expressed to me that the LENDER had checked them out so it was OK. I let her know that that the lender doesn’t really check anyone out per say, Except for employment, credit history, etc. But that it was the notaries job to as she called it “check folks out”. And this is why they use us in the first place..we are the real people checkers!! :). She also told me that that must be how they do it in California…I let her know that this applies to ALL notaries nationwide. PERIOD.
Obviously the signing with that notary went bad. And in my opinion on this notaries behavior is, that instead of upsetting the borrower to the point of tears. She should have politely excused herself and found the title girl and let her know. This way the borrower quite possibly been as upset as she was. The notary handled this very poorly.
So, in closing, even in some of the offices where they should know better, this document causes allot of confusion. And for those notaries that don’t know any better using the ‘name affidavit’ in lieu of ID, it is going to get you into a world of trouble which could lead to financial ruin as well as a jail term. So remember, please don’t let anyone tell you how to do your job as a notary public. That is your responsibility and yours alone. And if you don’t know or are not sure about something, ASK!!! Better to be safe than sorry! And take note, Just because a person is a title or escrow officer, broker, etc doesn’t mean they understand or know what YOUR duties are. It’s up to you to know what you can and cannot do. All they care about in the end is closing the loan….usually by any means necessary. Money for them trouble for you!
Until next time….be safe and prosper!
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