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



[+] Fidelity National Financial - Irving, TX - Scott Perry/PA (1 reply)
9/19/2007 4:16:56 PM (2750 views)

[+] Email from India - Kevin Ahern/CT (9 replies)
9/18/2007 5:31:40 AM (2608 views)

[+] the N symbol - Ron McPherson/IA (2 replies)
9/18/2007 12:57:11 AM (2515 views)

[+] ESS Solutions, LLC - Russ Frye/GA (9 replies)
9/17/2007 11:20:32 PM (2731 views)

Central Lending Services - Jon Lax/RI
9/17/2007 5:05:26 PM (2207 views)




[+] Jessica Talley - SHARON YAHRAES/ID (1 reply)
9/17/2007 2:13:56 PM (2737 views)

[+] Tax assessments in PA - Nathan Miller/KY (7 replies)
9/17/2007 11:12:38 AM (2457 views)

[+] Separation of Banks, Mortgage Companies and Title Companies - Jay Duncan/MO (1 reply)
9/16/2007 9:37:06 PM (2419 views)

[-] IS WHAT THIS NOTARY DID LEGAL?? - KATHY NEWTON/NC (5 replies)
9/16/2007 7:34:38 PM (2382 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Jay Duncan/MO
9/16/2007 7:53:28 PM (2734 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Kevin Ahern/CT
9/17/2007 6:37:31 AM (2618 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Ronald Brasier/MI
9/19/2007 9:26:47 AM (2727 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - KELLY ROBERTSON/CA
9/24/2007 7:42:55 AM (4790 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Timothy Gatewood/TN
9/26/2007 11:16:49 AM (4312 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 (4165 views)

Advantage Equity, Pennsylvania - Wendi See/SC
9/14/2007 3:25:40 PM (2069 views)

[+] Express Financial Services - Loretta Reed/MD (8 replies)
9/14/2007 12:30:22 PM (2587 views)

[+] One Lawyer You Have to Love! - J Nisonger/CA (6 replies)
9/14/2007 11:47:54 AM (2323 views)

[+] LSI joins 1st American's Procedures - Anita Backlund/MN (12 replies)
9/13/2007 11:34:40 AM (2860 views)

[+] Teaching Offshore Outsource To Title Search - Jill Kissell/IA (2 replies)
9/13/2007 11:23:32 AM (2504 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 8956 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:

Implementing AI: Why Persistence Pays Off (and Most People Quit Too Soon)
Michael Gigliotti's Blog
2025/07/09
0 comments

Creative Ways Millennials and Gen Z Are Approaching Homeownership
Marissa Berends's Blog
2025/07/02
0 comments

How Another War in the Middle East Could Impact the Housing Market
Marissa Berends's Blog
2025/06/30
0 comments

Articles

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

NAR Secures Major Wins for Real Estate in Landmark Tax Reform Bill
“For months, REALTORS® across America have been at the forefront of tax reform, making sure Congress understo...
Title Resources Group Announces Executive Management Transition
Title Resources Group (TRG), the nation's fifth largest title insurance underwriter, announced today the appointment of ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were lower across all loan types last week, with the 30-year fixed rate declining to its lowest le...
Stewart Group Senior Vice President, Direct Operations and President of Stewart Title of California Wyomia Clifton Honored with HousingWire's 2025 Women of Influence Award
Clifton currently oversees operations across nine states in her role as Group Senior Vice President, Direct Operations a...
Rocket Companies Completes Acquisition of Redfin
The companies also today introduced Rocket Preferred Pricing. Clients who finance their home through Rocket Mortgage and...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.