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March 29, 2015

Point (14) Explain or Don’t Explain? Marcy Hires a Babysitter

Filed under: Loan Signing 101,Popular on Facebook (some) — Tags: — admin @ 9:37 pm

Poor Marcy needed a babysitter. She called one of her regulars named Amy. Amy was a nice girl from the neighborhood. Marcy’s husband was getting on her case about spending too much money on babysitters.

HUSBAND: Why are you running all around town chasing notary jobs when you should be watching our kid?

MARCY: I’m trying to create a career so we’ll have a better future.

HUSBAND: Our future’s just fine. You just stay here, and we’ll make it. We made it so far.

MARCY: I’m tired of just sitting around the house. I’ve done a few dozen signings, and I’m getting the hang of it. There’s money in this!

HUSBAND: Okay, but I don’t like it. I have to work late and our baby will be all alone with a complete stranger!

MARCY: Oh, It’ll be okay.

HUSBAND: I hope you are making more than $20, because that’s what the babysitter is charging us.

MARCY: If I get paid I will.

HUSBAND: IF you get paid? What kind of business is this? I’m putting my foot down! I bet Patricia down the street talked you into this.

MARCY: I already have the appointment and Amy is coming over.

AMY: Hi, I’m here. But, one small thing.

MARCY: Anything.

AMY: I need to have someone come over while you’re gone. Only for a minute. Will that be okay?

MARCY: Well sure. But, who is it?

AMY: It’s for business. It’s not a friend.

MARCY: What kind of business? And at your age? Business?

AMY: Hmmm. To explain or not to explain. I would feel more comfortable not talking about it.

MARCY: Well, if you are having someone come to my house while I’m not here, I need to know who it is.

AMY: Well, it is sort of a guy who helps with paperwork. He stamps stuff…

MARCY: Is he a Notary?

AMY: Oh my God! How did you know?

MARCY: I’m also a Notary, and I’m going out to an assignment right now. I can notarize you for free when I come back.

AMY: Well, it’s kind of private. I’m not sure I want you to see the paperwork.

MARCY: Private? How private are we talking? Something you don’t want your mom to know?

AMY: If she finds out, I’m grounded for life.

MARCY: So, you’re in trouble? And you’re babysitting my kid? What kind of trouble?

AMY: Oh, it won’t affect you. It’s just for a test.

MARCY: Test? Are you on drugs? Or… Oh no.

AMY: I missed my period last month.

MARCY: Oh. I understand. You teenagers need to be more careful. Boys aren’t a game. You can ruin your entire life in an instant!

AMY: I know that now.

MARCY: Okay, you can have whomever you want notarize you, but no boys coming over here tonight or any night. Got it?

AMY: I understand. I’m glad I explained it to you.

MARCY: If you can’t explain, you have nobody to help you. But, if I can’t explain something. I just call the Lender!

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Point (14) When to explain and when not to explain

The points in this section are not too much different from point 13. But, we will go into more detail here. The main point is that general questions about loan documents are for the Notary to explain if your state laws allow for that. Specific questions about the loan require you to call the Lender or Title company.

What should the Notary do under these situations?

(1) Where is my prepayment penalty explained?
Show the borrower the correct page where the information is located.

(2) Why is my prepayment penalty so unfair?
Call the Lender or refer the borrower to the Lender.

(3) What is my loan amount?
Refer the borrower to a document that has this information.

(4) I thought my loan amount was $365,000 and now it is $390,000 with fees. I had no idea it would be so high.
Show them the HUD, and then perhaps call the Lender.

(5) I am supposed to sign my name as Theo T Tango, but my ID only says T Tango, what do I do?
Unfortunately, the Lender can’t help with Notary law issues as they will most likely encourage you to break the law in order to get the loan signed. Try to find a legal way to get the loan signed. Call the Lender if you want to know about using the Signature Affidavit though.

(6) Where is my APR?
Show them the Truth in Lending Disclosure

(7) I was told my APR would be 4.6%, but it is 4.7%
Call the Lender

(8) The signer wants to introduce you to their girlfriend
Politely say hi

(9) The signer wants their girlfriend to join you at the signing — naked
Call the Lender!!!

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You might also like:
30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (15) The Prepayment Penalty
http://blog.123notary.com/?p=14447

Loan signing process & Pitfalls: explain the documents, not the loan
http://blog.123notary.com/?p=2780

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