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July 7, 2015

Signing of the Absurd

Filed under: Ken Edelstein,Popular on Facebook (A little),Technical & Legal — Tags: — admin @ 9:58 am

Signing of the Absurd (by Notary)
No, I’m not referring to the contents of a document that you are about to notarize. You don’t have to read (except for the notary section) when you notarize the signature of the affiant. It’s their responsibility to determine if they agree with the content, not yours. Actually, I will be discussing documents that you, the notary, sign – and sign alone. Yup, you are signing “as a notary” but nobody else is present for you to check their ID or give them the oath.

What I am referring to are those incredibly one sided “sign up” packages that border on being Power of Attorney documents. You are relinquishing virtually all of your rights. One minor example: You grant “fee deduction” if “they” find a “cause”. Naturally you dress in proper attire for your visits. But if they ask the borrower if you were impeccably spotless, was there the slightest bit of lint on your coat, a smudge on your shoe, etc. Then they can claim the borrower was “horrified” by your slovenly appearance and cut the fee at their whim, by your agreement.

I am holding a rather large “sign up” package. The only aspect common among the multitude of rules and regulations is that your fee will be reduced. Remember you have signed to agree to: Be sure that the proper paper size is used depending on the specific document. How? Most of us have dual bin LaserJet’s and print the PDF letting the PDF choose paper size. We are often asked to follow conflicting instructions. The confirmation says blue ink, the cover page on the docs says to use black – and nobody is available on the other end.

A favorite: do not leave the borrower’s home if they stop signing. I have had this a few times. An irate borrower spots something and asks me to leave. I suggest a phone call to resolve the issue, the borrower demands I leave immediately. It’s trespassing if I refuse to leave. Almost as silly, I am asked to “be absolutely sure” that the required witnesses will be present. I informed the borrower of the requirement, received assurance they will be available. But, one had a personal issue and failed to show. “It’s your fault Notary, you were required to have them both”….

This particular set of rubbish, and many similar refer to a “trip/print fee” for refusal to sign and also for cancellation during the three day period. The amount is never stated; but it is, when greater than zero; about 15 dollars. Keep in mind you signed approving this .

Let me not forget to mention the Application and “required documents” – Lots of information flowing one way. Do you know “anything” about the entity you are sending all of your personal and professional information? I doubt it. All you have is an un-proven name as the sender of the email and (usually) a “working name” for the company. What’s a “working name” it’s the name they use to “deal with you” but is not the real registered corporation or business name. In other words you tell all, and receive nothing.

Of course you give much of the same information when opening a brokerage account or applying for a credit card. The difference is that you are dealing with “name” entities, not a “puffer fish” that presents a big corporate façade, but has their only office on the kitchen table. They require you to perform “information security” with the documents to a very high standard. Sadly lacking is their assurance as to how they handle your confidential information. Think before you submit.


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