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BobbiCT
Connecticut
135 Posts |
 Posted - 04/28/2011 : 12:57:22 PM
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To Deborah Bond: Since you are closing loans in Massachusetts, I assume you are an attorney and, therefore, can "short cut" what we non-attorney notaries cannot.
As a notary, I have read the entire document to a blind signer. How else can I take an acknowledgment or their oath that they know EXACTLY what they are signing and the contents. As an attorney, you have a diffent set of rules to follow.
Bobbi in CT |
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azdocsign
Arizona
89 Posts |
Posted - 04/28/2011 : 06:45:29 AM
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If the signer is totally blind, in all states you must read every word of every document. Why? Remember the oaths that you give? They cannot state that they swear or affirm that the statements they have supplied in this document are true because they have not read the statements. How would they acknowledge before you that they understand the contents of the documents?
Just remember, what would I tell the Judge?
I have done signings for the totally blind, but it takes about 4-6 hours to read it all. When this happens, I ask the signer to have another person there to assist in reading the documents.
Happy Signings to us all!
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Deborah Bond
Massachusetts
71 Posts |
Posted - 04/27/2011 : 6:47:53 PM
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I have notarized several loan packages for persons who happen to be blind. In my case they were LEGALLY blind but not totally blind. They were signing paper on their primary residence and so had the 3 day RTC on the table. I gave a brief description of the papers and title of page and handed them over. IF they had spacific questions that were answered ON THE PAPERS, I read them the spacific answer. Yes it took a long time but neither of them recinded and complimented me on being able to accomodate their disability with honesty and patience. Just because they are blind does not mean that they are stupid, one was a former law professer (he was interesting to talk to) and the other was a teacher at a local school for the blind. If either had asked to have pages read, I would have as I allowed myself approx 4 hours for each and neither spent more than 2 hours on the package. I would say the most difficult thing was having them "sign on the line" they do get creative on how to do that!
Deborah Bond...
Notary Public
Eastern Massachusetts |
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PWinFL
Florida
469 Posts |
Posted - 01/06/2011 : 10:33:41 AM
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In Florida, we are required to read the document in its entirety to the signer.
As you stated, it is not very practical in a loan signing. However, the POA approach is exactly what I have done in the past. The blind signer signed a limited POA for the sole purpose of the refinance. Reading the POA to the signer wasn't a problem. Then the AIF signed all the documents after a description of each document, as well as highlighted parts, such as interest rate, payment, etc. were read to the homeowner. It took a couple of hours, but the signing was successfully accomplished.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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edelske
New York
815 Posts |
Posted - 01/06/2011 : 10:25:30 AM
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Frankly, I am not sure how to handle this situation. The first thing that comes to mind is via a Power of Attorney. But even that approach has a "chicken and egg" problem - how to get the POA notarized. One other solution might be to read the document aloud; but that would not be practical for a 135 page loan package. A blind client would be able to answer a notary oath, but I might not be sure that they fully understood the content of the document. I would be very comfortable if the document was in Braille - but if it's not? What to do?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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Notarizing for a blind affiant
