Is it legal, ethical, or advisable to ask borrowers if they have been to a highly infected area recently such as Italy, Iran, China, South Korea, etc? Someone asked me this today. The answer is that you might get lenders mad at you.

The rate of infection in these countries is measured in infections per million and they are generally between 50 and 200 cases per million. So, being in these countries presents a very minuscule risk to the notary.

On the other hand, if a borrower exhibits Covid 19 type symptoms such as a dry cough, trouble breathing, etc., then you might be advised to stay away. I cannot advise on this as much of the transmission of Covid 19 happens with people who exhibit no symptoms.

Disinfecting the signing table, pens, cell phones, etc., makes a lot of sense. Having the signers wash hands thoroughly immediately before the signing is also a good idea. If they were a mask, that would be the icing on the cake.

I don’t know what you can ask or should ask without upsetting lenders and title companies. So, it might make sense to ask them.