Colorado Springs Notary - Leon Austin


Signature by mark: uses and misuses

Occasionally I will get a request from a borrower to notarize a document for them that is not part of the closing documents.  No problem. I do it at no extra charge. I had such a request last night.  It was actually for the borrower's mother.

signature by markFirst I completed the closing.  Then I offered to notarize the document.  It was a Quitclaim Deed.  There was a problem though.  The borrower's mother would have to sign with a mark, since she was unable to sign her name.


That itself is not a problem.  A signature by mark can be used to sign a document (CRS 12-55-110.5). 

The problem was that the borrower's mother has Alzheimer's, and was not fully aware of what she was signing.

A signature by mark is acceptable if a person has a physical limitation that prevents them from signing their name.  But I couldn't accept it if the person doesn't understand what they are signing.



sign hereP.S. With more than 100 pages of loan documents to sign at closing, there are a lot of borrowers who would prefer to sign with a mark. 




Comment balloon 5 commentsLeon Austin • February 24 2009 06:14PM
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