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Melcolbert
California
21 Posts |
 Posted - 03/04/2012 : 12:36:34 PM
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| Thank you (again!) Ken, for helping me get perspective on this. Your words will help me keep my resolve to do right. |
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edelske
New York
815 Posts |
Posted - 03/04/2012 : 10:49:34 AM
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Mel,
Let's shift from notary to driving a car. I live in Manhattan and every day, without exception, I see Professional Drivers commit "illegal acts". Most are cab and limo drivers in a hurry to earn their living. They go thru red lights, make illegal turns, drive in bus lanes and fail to yield to pedestrians in the crosswalk. That's my reality on the streets of New York City.
Is there something I can do about it? No. I follow the principles of the defensive driving course that I take every 3 years; for the insurance discount, as I have no "points" on my driving license. Does their actions bother me? A bit, but I have grown used to them. If there is a very aggressive driver I simply pull to the side and let them pass. Avoid confrontation and retreat from "soon to be bad" situations. That's the key.
How does this relate to your observation of many improper notary events? Notaries are not police or any other type of enforcement officers. Unless we are directly involved, it's best to just "sigh" and recommit ourselves to proper notary procedures. I get requests all the time with backdate, weak ID, notary by email, and similar requests. Politely declining and sticking to the letter, not just the spirit of the law is essential. The teeny notary fee for the illegal request would not be enough to pay for a lawyer!
As to being pressured - you have undoubtedly handled similar pressures in your "youth". Peer pressure can be much stronger than some stranger (from a Title Co.) on the phone. You resisted peer pressure to do things your common sense and good judgement advised against. One slip does not make a "stumble bum", just as one drink does not make an alcoholic. Without anyone else's opinions or advice; draw your personal "lines in the sand" - based on your rational judgement and understanding of applicable laws. Then - no matter what, will you cross that line.
The fact that you posted your situation is a VERY positive indicator of your resolve to be a model citizen/notary. I have confidence in you.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 03/05/2012 12:46:47 PM |
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Melcolbert
California
21 Posts |
Posted - 03/03/2012 : 7:32:32 PM
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| Thank you Ken for the wake-up call. I am rather disillusioned by the fact that in the short time I've been doing Notary work, I keep running into ALL KINDS OF ILLEGAL ACTS performed by notaries! At the signing, the couple brought out their refi docs from 2009 on which the notary had notarized the woman's old name (and her name had changed 20 years ago). When my husband and I refi'd our home last month, the notary drew a line across her book and had us sign one time for all the docs...we are supposed to get one signature for each doc! Another office Fed Ex'd me a blank Ack to "redo" without going back to the signer because my stamp was blurred (it was not blurred when I did it, but apparently bled later into the paper). By their misdeeds,Notaries are reinforcing the idea these poor practices are acceptable. Frankly, as you say, perhaps I'm not cut out for this. I expected more from this profession. I want to be able to hold my head up and say that I don't break the law. |
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edelske
New York
815 Posts |
Posted - 03/03/2012 : 4:36:20 PM
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Of course I know CA law, and it doesn't allow for this. But I admit I went ahead and did the documents because well, I'm not sure, I guess I just caved to the pressure.
You know the law, and made the decision to violate it. Training is not the issue. If you cannot deal with the pressure of irate Loan Officers and angry borrowers; just keep the image of a small cell with some rather unfriendly "roommates" in mind.
NO ONE will come to your defense, NO ONE will stand by your side, NO ONE will share the blame.
The worst part will be being the laugh of the prison - locked up for an under 250$ "notary fee" - the other cons will tease you daily.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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Melcolbert
California
21 Posts |
Posted - 03/02/2012 : 8:37:17 PM
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| As a Notary Loan Signing Agent in California, the first job I accepted included a Name Affidavit with the old name and new name, AKA. The ID presented had the new name, but several of the documents had the old name.I told the company that hired me that I could not notarize the signature of the old name. The docs were redone and they CHARGED THE BORROWER $100. Worst case scenario happened: by the time I got the revised docs (same day as signing) and could review them, I discovered too late to call the company that hired me, that there were still docs that had the old name signature. Problem was that the Living Trust under the old name trustee, had to transfer to the new Trust with the new name. Now how can I notarize a signature with the old name? I went to the borrowers and expressed my misgivings. Wrong thing to do! Finally after they were almost screaming at me (they were both very intelligent people but very frustrated with me,understandably) the loan agent called her back and I spoke with the loan agent who told me the Name Affidavit took care of any such issues. Of course I know CA law, and it doesn't allow for this. But I admit I went ahead and did the documents because well, I'm not sure, I guess I just caved to the pressure. I am thinking about offering to pay somebody to train me. I am willing to take jobs and pay the fee to an experienced person willing to review the edocs and advise me before I go on another signing. I am willing to pay for training because notaries in this competitive market are not going to mentor a potential competitor, so I figure I'd make this offer - any takers? |
Edited by - Melcolbert on 03/02/2012 8:38:57 PM |
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notarydi
Missouri
10 Posts |
Posted - 02/26/2007 : 10:50:25 PM
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Thanks ladies - guess I need to trust my own instincts more...I knew it didn't seem right but try to follow instructions best I can. I am back in touch with title this am and insisting that we redraw and get it right. I appreciate your help!  Diane
Diane |
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Renee
Michigan
549 Posts |
Posted - 02/26/2007 : 8:10:42 PM
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An A/K/A statement is not means of identifying anyone. Given the situation, there was no way for you to identify her as "Shannon Wrongname".
An A/K/A or a Name Affidavit serves NO purpose to you as the notary - it merely serves the lender and the title co, and it's purpose is to 'tie' together the various versions of an individual's REAL name. For example: John Q. Doe = John Doe = J.Q. Doe = John Quizel Doe.
Think about it, and don't let yourself be pressured. If a person walked up to you and asked you to notarize their signature, and all they could give you for identification was their OWN written statement saying "I am Shannon Doe AND I am Shannon Notdoe" - what would you do?
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Shannon
California
360 Posts |
Posted - 02/26/2007 : 2:08:58 PM
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Obviously, the comfort has to be with the borrower. If he/she is not comfortable, there should be no arm-twisting. The title company is under pressure from the Motgage Broker to "get the deal done". Unfortunately, they don't care about you, (the notary) or the borrower for that matter. They just want it done. Ultimately, you are the one on the hook when coersion is alleged. Don't be bullied by title and escrow officers who don't want to do more work getting the redraw done or whatever it does takes to get the docs completed properly. It can be difficult to stick to your guns when they hold your livelihood over you....but you gotta be strong.
Not the rightname or the wrongname.....
Just Shannon ;~) |
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notarydi
Missouri
10 Posts |
Posted - 02/26/2007 : 11:09:10 AM
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Here's the situation with a signing I had today....they had the wife's name wrong on all the docs - they picked up the husband's first name instead of his last, so the name was actually wrong, not another version of her name. The title company just told me to have her sign that name, AKA her real name. We also signed an AKA statement that said she was "Shannon Wrongname" as well as "Shannon Rightname"...she was uncomfortable about that and I can see why! Is that the right way to handle the situation, when the lender/title company made a complete mistake on the name? I appreciate your help!
Diane |
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