Colorado Springs Notary - Leon Austin

In a recent closing that I did on a FHA loan, the borrower saw the abbreviation 'MIP' on one of the documents and asked me what that meant. I told him that it stands for 'Mortgage Insurance Premium'.

Last night I had a closing and there were some questions the borrower had regarding the 1-4 Family Rider. He thought he could cancel the loan if he couldn't resolve his problem. He asked me if he had a 3-day right to cancel. I told him that he didn't, because it was an investment property:

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I know that there is no point in looking through the stack of documents for a Right to Cancel, or to call the title company and ask them if they left it out by mistake. I just know that there is no right to cancel on an investment property. It was part of my training.

In the course of a real estate closing I am asked many questions like this. And I freely answer them. It's my job as a notary signing agent. I have to understand all of the types of loans, know all of the documents, and be able to explain the documents to the borrower as I present them.

But there are certain questions that I have to decline to answer. If the borrower asks me for legal advice, I have to decline. That is unauthorized practice of law. But I'm the notary, right? I am a notary signing agent, but I am not an attorney.

To some extent I can tell the borrowers what they are signing, and even why they are signing a document. For the most part these are judgement calls. But there is a fine line that I have to be careful not to cross over. I have to know the law -- notary law -- and what constitutes unauthorized practice of law.

In a real estate closing there are two roles that I have to play.  I am both a notary public and a notary signing agent.  I have to be able to reconcile the two roles.

Colorado notary law tells me that I may not assist the borrower in completing any of the loan documents, or help them to understand a document.

But there are exceptions to the rule. Non-attorney notaries who have undergone special training in real estate, for example, and have achieved certification, may advise the borrower about real estate documents, but no other types of documents.

And it's in this area of real estate where there are the gray areas -- the areas where I have to make judgement calls as to what I can and cannot do -- what constitutes unauthorized practice of law, and what does not.

It seems almost unnecessary to have to say this, but there are people who believe that a notary public can draft legal documents for them.

I just received a call from a woman who needed a Power of Attorney notarized. No problem. I do it all the time. Then she told me that she doesn't have the document. She was expecting that I would prepare it for her.  I explained to her that notaries can not prepare legal documents. She can have it prepared by an attorney, or she can get the forms from the internet if she can't afford an attorney. The site that I recommended to her was Standard Legal, which sells all types of documents. I told her that once she has the form, then any notary can notarize her signature.

Something else that notaries can not do is tell people how to complete a document. I had a situation last Saturday in which a woman asked me what should go in one of the blanks. My immediate response was that I can't tell her how to fill out the document or give legal advice.

It's hard for a lot of people to understand this. They think of notaries public as legal professionals.  We don't draw up legal documents, and we don't give legal advice -- both of which are illegal to do for non-attorney notaries.

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"A notary public who is not an attorney licensed to practice law in Colorado is prohibited from:

(I) Providing any service that constitutes the unauthorized practice of law; ..."

(III) Soliciting or accepting compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, United States citizenship, or related matters."

CRS 12-55-110.3

As with just about any occupation, there are pros and cons to being a mobile notary.

THE PROS:

Mobile notaries provide a valuable service. People depend on notarized documents for many things: getting a job, taking care of financial matters, estate planning, health matters, travel, ... and a lot more. Many people are unable to travel to a place where there is a notary on staff. This is especially true of the elderly and infirmed.  And there are times when people need the services of a notary at times when most businesses are closed. Mobile notaries bring the service to the people.  It gives me great satisfaction in helping people in these situations.

No waiting to get paid. I received a check a couple of days ago for a closing I did more than 90 days ago. It was a frustrating experience. The company had gone out of business and was refusing to answer its phones or email. Mobile notaries don't have this problem. Payment is made at the time of the notarization.

No set working hours. Mobile notaries do their best to accomodate the needs of the people requesting their services. But they are free to set their own hours.

There are many more pros to this job. And if you provide this service long enough, you will discover them. But there are two sides to being a mobile notary.

THE CONS:

Mobile notaries are ... mobile. We have to drive. So as much as I would have liked to watch the AFC Championships last weekend with a few beers, I had to abstain:

Don't drink and drive.  Thank you.

It's a responsibility that notary signing agents are entrusted with, and a responsibility that should be taken seriously.  Without a photocopy of the borrower's ID, there could be a delay in the funding of the loan.

One might argue that it's the borrower's responsibility to provide a photocopy of their ID. 

I don't see it that way. It's part of the customer service that notary signing agents should provide -- not only to the borrower, but to the lender.

Many times these closings are scheduled at the last minute. The borrower doesn't have an opportunity to make a photocopy. They shouldn't be penalized because of that.

I had a closing last week. The borrower assured me that he would have a photocopy of his ID. He has a copier. But when it came time to make a copy of his driver's license, he discovered that his copier was out of ink. Fortunately I had my digital camera with me.

An experienced notary signing agent is prepared for these types of situations. Either we have a copier in our car, or we carry a digital camera. So there should never be an excuse for not being able to provide the lender a photocopy of the borrower's ID.

Even if the borrower does have a photocopy of their ID, it's up to the notary signing agent to remember to get it.

So I include a blue sheet of paper as a reminder. This page does not leave the stack until I have a photocopy of the ID.

Perhaps it's not our responsibility to obtain a photocopy of the borrower's ID. But we should nevertheless make it our responsibility. We want to do everything we can to ensure a smooth closing, and to see to it that nothing delays the funding of the loan, if it's something that we can prevent.

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See: Getting a copy of the borrower's ID with a digital camera for tips on how to make a photo of an ID.

Last week I was given an assignment to do a closing, but was not given a phone number. The signing company told me that they would contact the title company and get it for me.  The truth was that the broker didn't want the borrower to be contacted.

I have learned my lesson about showing up at a closing unannounced. It's not a good idea.

You need to confirm the closing with the borrower. You need to make sure you know how to get there. There are a lot of things you need to convey to them, and information you want to get from them. But most of all, it's the professional way to do things. You want to introduce yourself. The borrowers should know who is bringing the loan documents to them.

I have been in this situation several times. Each time there have been issues.  So it sends up a red flag when I'm told to do this. I eventually called the signing company and told them to take me off of the assignment. Mainly because I don't like the idea of telling notary signing agents to just go someplace with a stack of documents and get them signed. We're not couriers. We're professionals. We're the ones conducting the closing. And if they don't have enough respect for notary signing agents to treat us as professionals, and give us the phone number to the borrower so that we can contact them, then they need to find another way to get the documents signed. I don't believe in going into closings unannounced.

I got a call last Friday to do a closing at 8 PM. I turned it down because I was scheduled to do a closing at 6 PM. Both closings were in Colorado Springs. It usually doesn't take more than a half an hour to get from one end of town to the other.  So one might think that I should be done with the 6 PM closing in enough time to do another one at 8 PM. 

Not necessarily. 

I have learned a lot of valuable lessons about closings. One of the most valuable lessons that I have learned is to allow more time than you think you will need. You never know what will happen.

Unlike driving distance, where you can guess how long it will take to drive 10 miles, a mortgage loan closing cannot be measured.

The number of pages in a loan package might be of help. But strange things can happen in a closing. I once had a borrower spend an hour with only 20 pages of loan documents. I would have sworn that I was going to be done in less than 20 minutes.  On the other hand, I once did a 1st and 2nd in less than 45 minutes. I thought it would take me at least an hour and a half. So you can't judge how long a closing will take by the size of the loan package.

Something else that I considered is that the company might not have had the documents ready for the 8 PM closing.  A lot of times companies assume that the notary signing agent has nothing else to do except sit around all day and wait for loan documents. They wait until the last minute to send the documents. They don't realize that we are doing closings for other companies.

Yes, I always want to make a little extra money. But at the same time, I don't want to be in a position where I have to keep a borrower waiting. I don't like to be late to a closing. So sometimes the best thing to do is play it safe.  Anything can happen. 

One thing is for certain: it's better to do a closing and know that you and the borrowers have more than enough time, than try to take on a second closing immediately afterwards and have to rush the borrowers, or have to drive over the speed limit to get to the next one.

And if you get pulled over by a policeman for speeding, you will be very late. It just isn't worth it.

Good luck.

The professional designation -- Certified Notary Signing Agent -- is one that many notary signing agents feel isn't worth achieving, or isn't necessary.

One of the reasons is that, they are never asked by signing services or title companies if they are certified. That's a good point. Out of the hundreds of closings that I have done, I can count on one hand the number of times a company asked me if I was certified or not.

For the most part, it seems like an unnecessary expense. If one is considering the NNA (National Notary Association) certification, then one must be a member of the NNA. Then one must join the NNA Notary Signing Agent section. In addition to that, there is the cost of taking the certification exam and the required background screening. The certification is valid for only 2 years.  Considering that companies are hiring notary signing agents, whether they are certified or not, it does seem to be a waste of money.

Or is it?

I received a call on Saturday from a woman in Denver. She came across my website by doing a search on the internet. She is purchasing a home and wants a notary signing agent to conduct the closing. But it must be a Certified Notary Signing Agent.  I told her that I would charge quite a bit to drive to Denver, but she was willing to drive down to Colorado Springs to meet with me.

Why doesn't she contact a Certified Notary Signing Agent in Denver?

It would save her a long drive, and a lot of money. But she couldn't locate any Certified Notary Signing Agents in Denver. I'm sure that there are CNSAs in Denver, but apparently they are not advertising their services in such a way that the general public can find them. And there are notary signing agents who are certified, but do not mention that they are certified.  If that is the case, then they need to add that to their resume.

The point of this is that, while title companies and signing services may not care whether a notary signing agent is certified or not, it is important to others.  Especially the general public. It's understandable. If one needs an accountant, one believes that a CPA is better qualified.  The same holds true for notary signing agents. The Certified Notary Signing Agent is considered better qualified.

It's a perception.

Signing agents can argue all they want that certification doesn't really mean that much. They can argue that experience is more important that professional designations.

That may be true in some cases. But you can't argue with the public perception.  Denver is just one example where there is a demand from the general public for Certified Notary Signing Agents. The demand no doubt exists elsewhere.

I will be honest with you in saying that, the primary reason why I became a Colorado notary public was so that I could work as a Notary Signing Agent.  It's how I make a living.

Another reason why I became a notary public was so that I could serve the public.  One of the ways I do that is by providing mobile notary service.  There is a need for people, especially the elderly and infirmed who need a Power of Attorney or a Last Will and Testament notarized, to be able to have a notary come to them.

And when the weather is bad, it's difficult for a lot of these people to go to a place where there is a notary. This mobile notary service is available 7 days a week.

Because I make a good living as a notary signing agent, I don't see the need to charge very much for travel when I go to a person in need of notary service.  And in some cases, such as adoptions and other special interests of mine, I charge absolutely nothing -- neither for the notarization, nor the travel.  A lot of the work I do as a notary public is pro bono.

I mention all of this because I recently received a call from someone who needed a document notarized.  She asked what I charged for travel and remarked that it was considerably less than what another mobile notary charged.  I don't know the reasoning behind the other mobile notary's fee for travel, but I sense that that person is trying to make as much money from providing mobile notary service as they do for working as a notary signing agent.

It really shouldn't be that way.  I believe that the two roles should be separate. Providing mobile notary service to the public should be just that -- a service.  Charge a reasonable rate for travel.

If a notary is making a living as a notary signing agent, then there is no need to charge an exorbitant rate for travel when providing mobile notary service to the general public.

And if a notary is not able to make a living as a notary signing agent, then perhaps they should seek another line of work.

Every once in a while a company will do something that will have me clutching my heart like Fred Sanford.

I got a call yesterday to do a closing. It's scheduled for Thursday. They sent the loan documents a few minutes after I received the confirmation.

Why is this such an incredible thing?

Notary signing agents are lucky to get the documents 3 hours before the closing. So 3 days in advance is a miracle.

I have a hectic day today, starting with a closing at 8 AM in Colorado Springs, then an inspection up in Woodland Park at 11 AM, ...  So I'm getting an early start on printing these documents:

But why 3 days in advance?

There are several reasons. The main reason is that it takes a lot of stress off me. The more that I can get done, the better. In this business, you never know what will happen. If I put it off until Thursday, something might come up. And the closer it gets to the end of the month, the more stress I will find myself under.

Another reason is that I will have a chance to go over the documents and be prepared. 

Also, I refill my toner cartridges. I have a backup toner cartridge, but I intend to refill the one I'm using. If the toner is low and I need to refill it, I would rather find out about it at a time when I'm not under any stress.

So now all of the documents are printed out and I'm ready to get some rest for my 8 AM closing.

Not necessarily. If a document is legal, it's not because it has a notary stamp on it.

I once received a call to notarize an IOU. The person making the request wanted to make it a 'legal' document. This way, if the person didn't repay the loan, they could do all sorts of bad things to him.

There's something about the appearance of a notary seal that makes a document look 'official'. It's not just a plain piece of paper anymore. It has an embellishment. The document has been made sacred.

It's unfortunate that many people have this misconception.  While there are attorneys who are notaries -- not all notaries are attorneys. 

If a person needs a legal document, then they should seek an attorney.