Colorado Springs Notary - Leon Austin

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.

First 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.

P.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. 

Sorry.

I did something last week that I have never done as a notary public -- I refused to notarize for someone.

Refusing notary service is a serious matter.  Notaries face the possibility of discrimination lawsuits for refusing to notarize if they don't have due cause.

But first, there is a difference between a notary refusing to notarize someone's signature, and turning someone down because the request for notarization was made when the notary was unavailable, or because the notary does not work on Sundays. 

There is no law that says that notaries have to make themselves available 24 hours a day, 7 days a week.  At least not in Colorado. And there is no law that says that a notary has to travel to someone to provide notary service.  And if a notary is sitting in a restaurant, having dinner with the family, they don't have to get up from the table and respond to a call for notary service at that moment.  A notary has every right to decline service.

Then there are the unlawful notarizations for which a notary can refuse service. And there can be many reasons.  For example, if a person does not have sufficient identification, and cannot be properly identified. 

Another reason a notary can refuse to notarize is if the person is mentally impaired and doesn't understand what they are signing. 

This was my reason for refusing notary service.

I got a call last week to go to an assisted living center to notarize a Power of Attorney.  The son was there with his mother. She was the one who would sign the Power of Attorney.  She had acceptable identification.  I recorded it in my notary journal.  Then I had her sign the journal.  This is when I began to suspect that there might be a problem.  She was unable to sign her name without coaching from her son.  He was basically telling her how to sign.  After she signed my journal I asked her a simple question:

'Do you know what type of document you are signing?' 

I sensed that her son had been rehearsing this with her because he had to give her cues.  After some coaxing she was able to say that it was a Power of Attorney, but didn't know what it was for.  The son made several attempts to get her to remember why she was signing it, but it was in vain.  He asked me if there was anything I could do to get her to sign.  That was out of the question.  A notary is not supposed to try to pursuade someone to sign a document.

It was at this point that I turned to him and apologized.  I told him that I could not notarize his mother's signature on the Power of Attorney.  He seemed to be prepared for that response.  He told me that he understood.  Perhaps he went through this scenario with a different notary.  He offered to pay me for traveling there and for the time spent, but I didn't accept it.

I felt bad that I had to refuse to notarize for someone.  But I knew that I had no other choice.  If she had signed the Power of Attorney, she would have signed her name to a document which she didn't understand.  And if the Power of Attorney was abused in any way, I would have been responsible.

Refusal of notary service.  It's not something that a notary ever wants to do.  But sometimes it's something that a notary has to do.

I got a call this morning from someone in Colorado Springs requesting mobile notary service. It's Sunday and they didn't know where else to turn. They needed a letter notarized, authorizing the release of a vehicle that was impounded.  The vehicle was in a different state. 

It was a simple, hand-written letter.  But with a notary certificate and notary seal on it, it was what this person needed to get the vehicle released, according to the agency requesting it.

Colorado notary law permits notaries to use either an ink stamp or an embosser (CRS 12-55-112), so I have both. I keep them in a locked box.  I always ask the customer if the document has to be faxed.  If it does, then the recipient of the fax will need to be able to see the notary seal.  This letter would need to be faxed, so I used an ink stamp for the notarization.  It's possible to still use an embosser by inking the impression.  However using an ink stamp eliminates the need to do that.

Many people prefer the embosser because it looks more 'official', and it's more traditional. A lot of people don't realize that Colorado notaries can use an ink stamp.  Some are even a bit leery, wondering if the stamp is legitimate.

In Colorado, both are acceptable -- ink seal, or embosser.

P.S.  The person asked me if the letter was sufficent.  I told him that I cannot answer that.  As a notary, I may not assist other persons in drafting or completing a document.  Nor can I tell a person what document they need, or advise them as to the legal sufficiency of a document.  (CRS 12-55-110)

In the topic: Statement of Information: beginning, middle, or end?, I mentioned that I prefer to put this document at the very end.  Mostly because it's time consuming, and I can use that time for reviewing the loan documents.

But there are certain documents that should be at the very beginning, and not at the end.  For example, the HUD Settlement Statement.  Apart from that, I pretty much leave the documents in the stacking order.

However, there are others documents, apart from the settlement statement, that I prefer to have near the top, and get them out of the way -- notarized documents. 

The flow of the signing goes smoother if all of the 'swearing and stamping' is gotten out of the way.

And it allows me to put my notary stamp back in my bag -- into 'early retirement'.

Good luck

I learned some valuable lessons when I was in the Army.  One of them was: 'CYA'.  I didn't think much of it at the time.  My thoughts were, just do what you're told and you won't have any problems.

Well, there are times when it's not enough to do what you're told. A notary signing agent can do everything they're supposed to do, and they can still be blamed if something went wrong with the closing.  So I always keep in mind that lesson I learned: 'CYA'.

I had a closing on Saturday evening in Canon City, Colorado -- 50 miles away.  It was scheduled for 7 p.m.  I didn't make it back to Colorado Springs until after 10 p.m.  There was no point in dropping the loan documents in a drop box.  FedEx would not be picking up any packages that late -- nor on Sunday.  And Monday is a holiday -- President's Day.

In situations like this, I always take the loan documents to a staffed location, which is what I did yesterday. 

This way I am able to put them in someone's hands.  And I can get a receipt. 

I tracked the package this morning, and it is in the system:

The title company should receive it on Tuesday, if everything goes according to schedule.  I've done all that I can do.  If the package doesn't arrive, they can't blame the notary signing agent.

'CYA'

Good luck.

I got a call around 6:30 yesterday evening.  It was from a title company here in Colorado.  They wanted me to do a short-notice eSigning. The signing agent who was scheduled to do it had a medical emergency. Unfortunately I couldn't do it at the time because I was actually sitting in a closing.

Then coincidentally this morning I received The Title Report Daily in my email.  The subject line read: 'Cashing in on the paperless explosion'

I don't subscribe, so I wasn't able to read the full text.  But from what I was able to gather, it said that a Maryland-based company is positioning itself for the market to make a dramatic shift to paperless closings, and that this shift would occur in 2010.  The company mentioned was 'eSettlement Solutions'.

I didn't really have to read the full text to know that eSignings are a reality -- now.  I have already done them.  And I would have done another one last night, if I weren't already in a closing.

Somehow I was reminded of that scene from the movie, The Graduate, in which Mr. McGuire told Ben that he had just one word that he wanted to say: "Plastics ... There's a great future in plastics. ..."  And as I look around my house, it's easy to see that Mr. McGuire was right.  Plastics have become the material of choice for so many products.

If Mr. McGuire were in real estate settlement services instead, perhaps that one word would have been 'eSignings'.  It's too early to tell.  But eSignings are a reality.  And if that call I got last night is any indication, more and more companies are jumping on the eSign bandwagon.

What does this mean for notary signing agents?  It means that, if you are interested in doing eSignings, then equip yourselves to do them, and get the necessary training, which isn't difficult.

Perhaps in the near future, someone will be making the recommendation: 'eSignings. There's a great future in eSignings.'

Good luck

Back in December I posted the topic: Signing the 4506T. I gave examples of how I have the borrowers sign this document. There are still differences of opinions as to how this document should be signed.  Some signing agents have each spouse sign each other's 4506T.

This evening I did a closing and there were instructions from the title company on how they wanted the 4506 signed, so I'll share them with you:

This is how this particular company wants the document signed.  As always, follow the instructions that you are given. 

Good luck.

If there is one loan document that can throw a monkey wrench into a closing, it has to be the HUD Settlement Statement.

I was scheduled to do a closing today in Colorado Springs at 11 a.m.

It is now 11:49 a.m. as I write this. 

No, I didn't do the closing, then come back to my office to write this.  I have never left my office, because I have yet to receive the loan documents for the closing. 

The reason: waiting for HUD approval.

How long that could take is anyone's guess.  I have already called the borrower to let him know that there will be a delay.  I don't have another closing until 6 p.m., so I'll try to be patient.  I have to admit though that the uncertainty is hard to deal with.  It must be even harder for the borrower.

I could just tell the title company that I don't care to wait this out.  Time is money.

But I'm reminded of the German expression, 'jemanden im Stich lassen'.

In English that has a lot of meanings: 'to let somebody down', 'to leave someone hanging', 'to drop the ball', ... etc.

Notary signing agents are independent contractors.  But we are also expected to be team players. 

That means that, for the time that we are working on a closing, we are part of a team.  There are a lot of people counting on us: the lender, the people at the title company, and the borrower.  Especially the borrower.

It is now past noon.  Still no loan documents.

Still waiting for HUD approval.

I had a closing on Friday for which cash was due from the borrower in the amount of 43 cents.  I put a red sticky tag over the amount to remind myself to collect it from the borrower. 

When I got to the table I showed the borrower the HUD Settlement Statement, and pointed out that he has to pay 43 cents. 

He reached in his pocket to see if he had any change.  We both chuckled a bit because the amount was so small.  He even made a joke about how should the coins be placed with the documents. 

Then I pointed out that the funds due should be in the form of a check, made out to '______'.

He looked at me as if to ask, 'Are you serious?'  He said that he has never written a check for such a low amount in his life. 

I assured him that they really want the 43 cents. He wrote out a check.

I have been in this situation before in which the borrower had to provide a check for a few cents.  And if I hadn't experienced it before, I wouldn't have believed it.  But I know that when I look at the HUD Settlement Statement and see: 'Cash due FROM borrower' -- they really have to provide those funds. 

Even if it's 43 cents.

P.S.  I'm surprised he didn't ask me if he could wire the funds.

I rarely get a call to do a signing on a Saturday evening, but I had one yesterday.  It was a RESPA signing out in Fountain, Colorado.

Usually the signing agent who does the RESPA signing gets the call to do the closing.  For the most part, it's a good idea.  I learned a lot of things from that signing that will help me if I do the closing -- sort of like getting 'previews of coming attractions' at the movies.

The most obvious is that I will know where the borrowers live and how to get to their home.  And I'll be sure to have my digital camera.  I had to use it last night because the copies they made of their IDs came out too dark.

But there are some other things that I learned that I will keep in mind.  The husband was the type who just wanted to sign everything and get it over with.  His wife was just the opposite.  She was very cautious. She wanted to read everything.  It's her right.

For the closing I'll know to allot a bit more time than normal. It could take a while. And I won't book any closings too close to that one. 

And one other thing.  I had to remove my shoes. So I'll remember to wear a pair of shoes that are easy to take off.