|
|
|
|
|
|
|
|
Q: What are Notary Signing Agents? A: Notary signing agents are a notaries with additional training and experience with mortgage loan documents. Loan closing papers can easily be one of the largest documents that a notary has to deal with and has many unique qualities. Knowing which documents to review and where to notarize each page can take years to learn but is a nice skill to have. Q: What functions do Notary Signing Agents perform? A: The Notary Signing Agent meets with the borrower at a designated location, ensures that the borrower signs, initials and dates the loan documents in all appropriate places and then notarizes the borrower's signature where necessary. Once this is completed, it is the Notary Signing Agent's responsibility to see that the signed and notarized loan documents are delivered to the closing agent or other designated office. Notaries are prohibited from performing any duties which may be construed as practicing law. This includes: the preparation, drafting, selection, or determination of the kind of document a client needs, or giving advice relating to any documents. Q: How does this benefit the borrower? A: By meeting the borrower at home or another convenient location for the signing, the Notary Signing Agent eliminates the need for a time-consuming trip by the borrower to close the loan. This is more convenient for both the closing agent and the borrower. The Notary Signing Agent also provides assurance that the signed and notarized documents will be delivered by the pertinent deadline. Q: Why use Notaries for this service? A: Notaries, in their unique role as public officers employed in private enterprise, are required by law to display a high level of honesty and integrity in their work, which gives lenders confidence in them as trustworthy Signing Agents. In addition, Notaries can be found in every part of the United States, providing a reliable nationwide resource for borrowers that is available even in remote locations. Q: What are the requirements for a Notary Signing Agent? A: First, the person must be a commissioned Notary Public. Each state has different requirements for Notary applicants. The Notary Signing Agent must be well-versed in correct notarization procedures and familiar with the documents being presented to borrowers. However, paperwork can only be explained in general terms. A good Notary Signing Agent is professional, well-organized and, above all, highly responsible. Notary Signing Agents can also distinguish themselves by completing a specialized certification program that recognizes them as competent and knowledgeable in the field. Q: Can a Notary Signing Agent sign a document that is incomplete? A: No, by law a Notary cannot sign an incomplete document. Q: Can documents be pre or post-dated. A: Notarizations must be dated on the day they are notarized, even though the document being notarized may have a different date. It is a criminal offense to pre-date or post-date a notarial certificate. Q: Can a notary sign a will or a power of attorney? A: Notaries may only notarize a will if recommended by an attorney. A power of attorney is usually required to be signed during stressful times. We are sensitive to this, and we try to be as helpful as possible within the law. Q: What is the difference between signing a Jurat and an Acknowledgement? How should they be handled? A: A notary should not decide what type of notarial act a document requires. The customer must know and tell the notary. However, if the jurat indicates that the document was "sworn to before me," then an oath must be administered. Jurats Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court. It is a certification on an affidavit declaring when, where and before whom it was sworn. In executing a jurat, a notary guarantees that the signer personally appeared before the notary, was given an oath or affirmation by the notary attesting to the truthfulness of the document, and signed the document in the notary's presence. It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury. However, jurat notarizations do not prove a document is true, legal, valid or enforceable. An example of a “jurat” is as follows: Subscribed and sworn to by before me on the day of , . Signature______________________________________________ Printed name___________________________________________ Notary public, State of Michigan, County of My commission expires___________________________________ Acting in the County of____________________________________ If no other wording is prescribed in a given instance, a notary may use the following language for an affidavit or deposition: Do you solemnly swear that the contents of this affidavit (or deposition, document, etc.) subscribed (signed) by you are correct and true, so help you God? Or, do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? When administering oaths, parties should raise their right hands. The left hand may be used in cases of disability. Acknowledgements Unlike a jurat (which requires a sworn oath), an acknowledgment is to merely confirm the identity of the document signer and acknowledge that they signed the document. If the document was signed outside the notary’s presence, the document signer must make a personal appearance before the notary to confirm it is their signature prior to the document being notarized. Again, there is no exception to the requirement of a personal appearance before the notary. The acknowledgment notarization is not part of the document, and it does not affect its validity. Typically, they are executed on deeds and other documents that will be publicly recorded by a county official. An example of an “acknowledgment” is as follows: Acknowledged by before me on the day of , Signature______________________________________________ Printed name___________________________________________ Notary public, State of Michigan, County of My commission expires___________________________________ Acting in the County of____________________________________ A notary public may take the acknowledgment of a person who cannot sign his or her own name. Such a person should sign the instrument by marking an "X" in the presence of two witnesses, one of whom may be a notary public. A notary may also sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a document presented for notarization if all of the following circumstances exist:
a) The notary public is orally, verbally, or through electronic or mechanical means provided by the person directed to do so by that by that person; b) The person is in the physical presence of the notary public; c) The notary public inscribes beneath the signature: signature affixed pursuant to section 33 of the Michigan notary public act.
(Information provided by the Great Seal of the State of Michigan, http://www.michigan.gov/sos/0,1607,7-127-1638_8736-85780--,00.html) Q: What happens if the person signing the document to be notarized is ill or elderly? Please keep in mind if a notarization takes place for an ill or elderly person, the law states that the notary must determine that the signer is willing to sign the document, has an understanding of what they are signing, and is not being pressured to sign. This is usually determined by communicating with the signer. This can simply be nods of the heads of the head in response to questions. Also, the signer must be conscious and has to be able to sign with little or no assistance. The following procedure will be used for Notarizing Documents:
The following examples are good forms of identification:
|
|
Questions or comments? Contact admin@proactivesignings.com
Webmaster:
admin@proactivesignings.com
|
