Colorado Springs Notary - Leon Austin

When I joined the Army back in 1972 I was issued a duffel bag.  It was supposed to be large enough to carry everything a soldier would need.  I can still hear the drill sergeant yelling at us: "If it won't fit in your duffel bag, you don't need it!"

Back then it was standard practice to have our name and serial number stenciled onto our duffel bag.  This was to help us identify it.

I never gave it much thought until a few days ago when I was cleaning out the closet and I pulled out my duffel bag.  I wanted to wash it because it's still in good condition after all these years.  That's one thing about military issue: it's made to last.  Even the ink on it was made to last, so my Army serial number is still visible.

Why should that concern me after all these years?

My Army serial number is my social security number.  Back in '72 no one gave any thought to computer hackers or identity theft.  I don't know if the Army still inscribes the social security number on duffel bags, but my guess is that they have discontinued the practice. 

One thing is for certain: I will find some permanent ink to block out the numbers on mine.

Whenever a person is signing loan documents with a Power of Attorney, it is usually requested that the original Power of Attorney document be included with the loan package.  For the closing I had last week there were no instructions from the title company regarding this, so I asked to be sure.  I got the response I expected:

There is something else that I expect: the person who has to surrender their Power of Attorney document may want to have a copy of it -- a copy that is just as valid as the original. A certified copy.

It will give them peace of mind knowing that they have it.  I recall an incident a couple of years ago when the borrower's spouse became very distraught about having to surrender her original Power of Attorney.  Her husband was in a nursing home, and she had to handle all of their affairs.  I provided her with a certified copy of the Power of Attorney, and it really put her at ease.

How much did I charge her?

Although it is a notary service for which I am entitled to collect a fee,  I charged her absolutely nothing.  And ever since then, whenever a spouse is asked to surrender their original Power of Attorney at a closing, I will certify a copy of it (if requested) -- pro bono.

Pro Bono and the notary signing agent

There is no mandate that notary signing agents provide pro bono services.  Loan signings is an area in which we charge significantly more than the typical fee for notarizations.  After all, it's how we make a living. 

Nevertheless I offer certain services at no charge, including certified copies of Power of Attorney, if it is done in conjunction with a loan closing.

Put people before profits.

Good luck.

A notary should know how to fill out a Last Will & Testament, shouldn't they?

Probably.

But that doesn't mean that they should advise someone how to fill one out.

I just returned from notarizing a Last Will & Testament for someone.  And as with most Last Will & Testaments that I have notarized, I was asked for advice on how to complete it.  I had to explain that I cannot do that.  Yes, if the date is missing I can tell the person to fill that in.  I can even tell them what today's date is.  I can check the document for blanks, which is my duty. 

But I cannot tell the person what should go in the blanks.

This is frustrating for the person who downloaded the document off the internet.  They saved a lot of money by not hiring an attorney to draw up their Last Will & Testament.  All they need to do is take the document to a notary, get the notary to help them fill it out, and have it notarized.

Not exactly.

A Last Will & Testament is a serious document.  A notary is not a substitute for an attorney.  A notary is just that: a notary. A notary notarizes signatures.  A notary can not give legal advice or help someone complete a Last Will & Testament. 

That is, not unless the notary wants to have their commission revoked.

Notaries have to always be on guard when performing a notarization.  But there are some precautions that must be taken when agreeing to perform a notarization for someone at an Assisted Living Community.

I got a call this morning from a woman who wanted me to notarize a Power of Attorney for her father who resides at an Assisted Living Community here in Colorado Springs. She called me because I provided mobile notary service for her in the past, which also involved her father.

Nevertheless, I screened the call as I would any request to notarize a Power of Attorney. The main thing I wanted to know was if her father was cognizant of what he was signing. She assured me he was.

Why should I care if he's aware of what he's signing?

A Power of Attorney is a powerful document. The person signing it may not be aware of all of the powers they are granting someone.  A son or daughter could convince a parent to grant them Power of Attorney.  They tell the parent that it's a good thing to have, just in case they need to make some important decisions on behalf of the parent.  The parent agrees, but isn't fully aware of all the decisions that can be made on their behalf.  Needless to say, it could lead to some bad results if that person doesn't have the best intentions and abuses the Power of Attorney.

I was confident that the gentleman knew what he was signing.  He remembered me from the last time we met several months ago.  He asked me questions about my work as a notary signing agent, he joked with the staff, ... In short, he was fully cognizant of who he was, where he was, and what he was doing.

I might also add that he had very good handwriting for an 86-year-old man.

Before we can answer that question, we should first ask the question: Are eSign closings (eClosings) more or less work for the Notary Signing Agent?

The answer is clearly -- more.

Not only is there more work involved, it costs the notary signing agent more to do them.  These closings are supposed to involve less paper.  Instead, they involve more paper.  Not only is the set of loan documents equivalent to that of a regular (paper) closing, there is an additional set of documents that has to be printed as a back up, just in case something goes wrong and the closing has to become a paper closing instead of a eSign closing.  For the last eSign closing that I did, there were an additional 81 pages to be printed as a back up.  Fortunately my equipment worked well and everything went smoothly.  The downside to that smooth closing is that I unnecessarily printed an additonal 81 pages, and had to shred those 81 pages -- creating more work than was necessary.

Additional paper is not the only expense.

By its very nature an eSign closing requires a computer and internet connection.  This means that notary signing agents have to purchase the necessary equipment (if they don't already have it): laptop computer, wireless modem, and a subscription to broadband service. 

There is also the need to haul this extra computer equipment to a closing, and there is the additional time it takes to set up the equipment.  In short: eSignings cost the notary signing agent more in terms of equipment, supplies, and time. 

So what is a reasonable fee for eSign closings?

This is a question that each notary signing agent will have to determine for themselves.  Everyone's calculations will be different.

It should definitely be more than what one charges for a regular closing.

Good luck.

Notary Signing Agents are held to very high standards.  We have to be.  There are so many things that we are responsible for. A mistake on our part can be devastating.  And it is inexcusable. It can mean the difference between a loan being funded on time or not.

For example, one of our responsibilities is to return the signed loan documents after the closing.  Many times it is the notary signing agent who prepares the shipping label.  We have to pay close attention to detail.  If we make a mistake on the address, the package of loan documents will not reach their destination. 

All it takes is one wrong digit.

We can't make any mistakes when it comes to getting to the borrower either.  It is critical that we have the correct address and directions.  Otherwise we could end up at the wrong house. Or on the other side of town.  Imagine knocking on someone's door, thinking that they are the borrower -- and they aren't!  That could have happened to me today.

The importance of the confirmation call

I received a call to do a closing this afternoon.  One of the first things I do is make a 'confirmation call'. I contact the borrower to introduce myself and confirm the appointment.  I want to make sure that I have the correct time and location, and go over a few other things.  The information on the confirmation sheet that we are given is usually correct. 

But not always.

The house number that I was given was '4269'.  But when I called the borrower to confirm the address, she told me that her house number is '4629'. 

All it takes is one wrong digit. If I hadn't made the confirmation call, I would have been knocking on the wrong door.  It would have been an embarassing situation, an annoyance to the people whose door I knocked on, a delay to the borrower whose door I should have knocked on, ... etc.

This is why -- Notary Signing Agents must be flawless.

Good luck.

I received an email this morning (via ActiveRain) from someone needing some Colorado documents notarized.  I'm a Colorado notary.

The only problem is that the person who sent the email is in Taiwan.  He wanted to forward the documents to me, have me notarize them, then send them back.

This can not be done.

Documents that require acknowledgements do not need to be signed in the presence of the Notary.  However, the signer must appear before the Notary at the time of the notarization.

Another reason that I cannot perform this notary service is that I must identify the signer.  I must see his identification. This is basic notary law. There is no way of doing that if the documents are sent from abroad.

If this person ever comes to Colorado Springs, and still needs those documents notarized, I will be glad to do it for him.