With more and more notarized documents needed, I'm wondering, will banks balk if I get a notary license and notarize the signatures (while being the listing agent on the same file?).
It would save a lot of running around and hoping the notary at whatever bank they walk into knows where to notarize, and where the clients are supposed to sign.
Advice of anyone who's done so and either had it be accepted or rejected would be appreciated.
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No you cannot notarize any document you have interest in its not legal, could be considered fraud
well I suppose I didn't make my point clear. I was asking if the bank would reject a document notarized by me. I can easily have an attorney look up what the laws are for Illinois, what I'm asking is, has anyone sent a document in to a bank (here I'm thinking of Wells Fargo in particular) and have them either accept it or reject it.
I can research whether it's legal in my area, but assuming it is, that doesn't mean that Wells Fargo or Bank of America, Chase, Citi or other banks would accept the document.
Jim,
I do not believe it is "illegal" in any state to notarize something for a client as long as the law pertaining to the notarization is followed.
That said, and as I and others said earlier, it is likely a conflict of interest as I stated above. Also, most, if not all, banks will likely reject the document as soon as they realize it is your transaction and you are the notary. Worse, if they don't notice it until the 11th hour - how aweful would that be for your client - especially since this is something you can control.
Also, would your Real Estate E&O Carrier and your Notary E&O Carrier cover your actions? Likely not.
It is so inexpensive to have someone else notarize the document - why would you ever take the risk???
Best of luck and - do the right thing........
Thom Colby
Broker & Notary
California
But i was just wondering, what would happen if you actually did notarized the signatures? will the person who notarize the signature would be sued or something to that effect?
If it violates your state laws you could be fined or otherwise punished in some way.
Why take on that liability? An owner's bank will generally do it for free or, recently I had one notarized at no charge at the seller's company.
The simple answer is NO. I am both a CA Broker and CA Notary. It is likely the lender would reject the notarized document when they realize the agent is also the notary - and they may then distrust anything presented in the future. Here's a small excerpt from the CA Notary Handbook.
Conflict of Interest
A notary public is not prohibited from notarizing for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. With California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner.
That would be a severe conflict of interest. You are an interested party to the transaction. Any documentation notarized by you for the transaction would not be accepted.
Since you have an interest in the transaction, I don't think it would be appropriate for your wife to act as notary. You could argue otherwise, but personally I would stay away from anything that has the look of impropriety.
Ask someone in your office to be the notary. If that is not possible, then attach instructions for whoever the notary is that will be notarizing the documents.
I actually asked my title agent this week the same question. My AE is my wife and I thought it would be a good idea for her to get her notary. I was told that she could not notarize my signature but could notarize other signatures
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