Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



Central Lending Services - Jon Lax/RI
9/17/2007 5:05:26 PM (2370 views)

[+] Jessica Talley - SHARON YAHRAES/ID (1 reply)
9/17/2007 2:13:56 PM (2938 views)

[+] Tax assessments in PA - Nathan Miller/KY (7 replies)
9/17/2007 11:12:38 AM (2654 views)

[+] Separation of Banks, Mortgage Companies and Title Companies - Jay Duncan/MO (1 reply)
9/16/2007 9:37:06 PM (2629 views)

[-] IS WHAT THIS NOTARY DID LEGAL?? - KATHY NEWTON/NC (5 replies)
9/16/2007 7:34:38 PM (2574 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Jay Duncan/MO
9/16/2007 7:53:28 PM (3297 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Kevin Ahern/CT
9/17/2007 6:37:31 AM (3165 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Ronald Brasier/MI
9/19/2007 9:26:47 AM (3230 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - KELLY ROBERTSON/CA
9/24/2007 7:42:55 AM (5359 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Timothy Gatewood/TN
9/26/2007 11:16:49 AM (4881 views)
As a Notary Signing Agent, I make my living in the gray area of being both an impartial witness AND a signing agent for the title company/lender. I have long since decided to "reconcile" this by informing the borrowers that I am there to do 2 things -- and to explain briefly what a Notary does and what a Signing Agent does. This is part of my introductory spiel that I use to move us from chit-chat into the actual signing process and it also gives me the chance to let them know that I am not an attorney and cannot give legal advice or legal opinions, so they should make use of their 3 day right-to-cancel to consult an attorney if they have any legal questions about the transaction.

This is not that different from how I initially became a Notary Public back in the 90s -- I was a legal secretary and my attorney-boss wanted me to be able to notarize docs where he was one of the signers. All the paralegals and most of the legal secretaries at that firm were notaries (as were all but a few of the attorneys) and you could argue that none of us were totally disinterested parties as the firm always represented one side or the other in disputes. However, here in Tennessee, the Legislature has at least partially acknowledged this gray area by specifically stating that additional fees can be charged by the notary if they did additional work on the matter before them - such as drafting the legal document or providing stenographical or other related services.

So, I have always taken the line that what counts is whether I have a direct interest in the transaction. If it does not matter financially or otherwise to me personally, I am able to make the distinction and be impartial. If my only involvement is an employee of one side and I will be paid the same whether the transaction goes through or not, I am disinterested. (This is also reflected in my fees as an NSA -- once I arrive at the home, I expect to be paid the same for a completed signing as for one that crashes and burns, unless I did something to cause it to crash.)

However, I would NEVER notarize for a relative. Most states I have heard about assume that you have a vested interest in any transactions that your relatives make. Whatever your parents, siblings, kids, grandparents, grandkids, or other close relatives do could affect your own finances either now or in the near future, so it is not unreasonable to steer clear of any appearance of being an interested party by having your relatives get their docs notarized by someone outside the family.


Of course, all of this is based on the practise and my understanding of the laws and regs here in Tennessee. Your state may vary from that (and please do not assume that the National Notary Association or any other "national" group can tell you what your state has in the way of laws and regs -- you need to consult an attorney in your state for this legal advice and legal opinions).

-- Tim Gatewood
Traveling Notary Public, Certified Notary Signing Agent & Field Inspector
Notary Memphis
http://notarymemphis.com


to post a reply: login - or - register






[+] Is your title shop using a trusted notary? - Jay Duncan/MO (1 reply)
9/14/2007 4:49:41 PM (4408 views)

Advantage Equity, Pennsylvania - Wendi See/SC
9/14/2007 3:25:40 PM (2220 views)

[+] Express Financial Services - Loretta Reed/MD (8 replies)
9/14/2007 12:30:22 PM (2803 views)

[+] One Lawyer You Have to Love! - J Nisonger/CA (6 replies)
9/14/2007 11:47:54 AM (2513 views)

[+] LSI joins 1st American's Procedures - Anita Backlund/MN (12 replies)
9/13/2007 11:34:40 AM (3039 views)

[+] Teaching Offshore Outsource To Title Search - Jill Kissell/IA (2 replies)
9/13/2007 11:23:32 AM (2710 views)

[+] Foreclosures - Barbara Bennett/IN (7 replies)
9/12/2007 2:38:36 PM (2668 views)

[+] Unbelievably Unethical!! - Robert Franco/OH (8 replies)
9/12/2007 12:22:46 AM (2871 views)

[+] Another Fee reduction - SHARON YAHRAES/ID (16 replies)
9/11/2007 9:17:48 PM (2781 views)

[+] Have Agent License what is next? - Christine Sheeler/PA (2 replies)
9/11/2007 6:32:04 PM (2864 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Mortgage Applications Increase in Latest MBA Weekly Survey
“Financial markets were volatile last week amid the ongoing turmoil in the Middle East. Mortgage rates increased o...
NAR Statement on President Trump's Executive Order on Removing Regulatory Barriers to Affordable Home Construction
“America’s housing affordability crisis is fundamentally a supply problem, and solving it requires removing ...
NAR Applauds Senate Passage of the 21st Century ROAD to Housing Act
“It has been nearly two decades since Congress last enacted a sweeping, bipartisan housing law. The Housing and Ec...
Single-Family Starts Remain Soft in January on Affordability Concerns
“The single-family market has slowed as builders continue to deal with elevated construction costs while affordabi...
Propy Brings Agentic AI to Institutional Real Estate with Its Third Acquisition: Boss Law in Florida
"We're excited to expand into the institutional market, where large real estate operators need infrastructure that can s...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.