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unauthorized practice of law: Notarizing a Lease Agreement: acknowledgement or jurat? - 04/26/09 08:50 AM
I got a call yesterday from someone in Colorado Springs in need of a mobile notary to notarize a Lease Agreement. When I arrived I asked to see the notary certificate on the document.
Instead of the usual notarial wording, all it had was the word 'NOTARY'.
Apparently this was the place where the notary was supposed to do whatever it is that notaries do.
The problem with this is that, notaries may not notarize a document unless it contains a notary certificate. And a notary may not choose what type of notary certificate to add to a document. This is … (1 comments)
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unauthorized practice of law: UPL: reconciling the conflicts of being a notary signing agent - 01/13/09 07:56 AM
According to my Colorado Notary Law Primer, I am not supposed to assist others with legal matters.
I'm okay with that.
It goes on to state that I am not to assist others in drafting, preparing, selecting, completing, or understanding a document or transaction.
I'm okay with that too. After all, I'm 'just a notary'.
I got a call to do a closing. And in the closing instructions were the following instructions:
"You are being paid to explain the documents to the borrower."
It's obvious from this section in the instructions that this company wants a closer who is capable of … (1 comments)
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unauthorized practice of law: Avoiding UPL, and still being able to 'give advice' - 01/05/09 05:08 AM
'I have a document that needs to be notarized.', is usually how the conversation will start. I'll ask the caller what kind of document it is, and if it has notary wording on it.
I'm not concerned with the contents of the document.
But I am concerned if this person has written the document themselves and wants me to notarize it. It's not a simple matter of getting out my stamp and stamping the document, which is the assumption a lot of people have. A document that needs to be notarized can either require a jurat or an acknowledgement. Unfortunately the person requesting the … (4 comments)
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unauthorized practice of law: May notaries choose the type of notarial certificate? - 03/14/08 08:20 AM
It depends on your state's notary laws. But I could find no reference to it in the Colorado Revised Statutes.
The common belief is that it constitutes the 'unauthorized practice of law'. But is choosing the type of notarial certificate to use really something that is 'unauthorized' for notaries? That is the question. And does it in any way constitute the 'practice of law'? I don't think so.
An example of this was a real estate closing I did a couple of nights ago. At the end of the stack of loan documents was an 'Owner's Affidavit'. The last page of it … (5 comments)
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unauthorized practice of law: Unauthorized practice of law: the gray area of real estate - 01/29/08 11:50 PM
In a recent closing that I did on a FHA loan, the borrower saw the abbreviation 'MIP' on one of the documents and asked me what that meant. I told him that it stands for 'Mortgage Insurance Premium'.
Last night I had a closing and there were some questions the borrower had regarding the 1-4 Family Rider. He thought he could cancel the loan if he couldn't resolve his problem. He asked me if he had a 3-day right to cancel. I told him that he didn't, because it was an investment property:
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I know that there is no point in looking through … (4 comments)
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unauthorized practice of law: Avoid unauthorized practice of law: loose certificates - 01/04/08 02:12 AM
Very many times a notary will be presented with a document that does not include notarial wording. This is not a problem since a loose certificate can be added to the document to provide the notarial wording.
However, the notary cannot make the determination as to which type of loose certificate to add.
I received the documents for the closing I am scheduled to do tomorrow. As usual, I prepare for the closing by going through the entire set of documents. I make notes of any questions I want to ask the title company, any potential problems, etc. I did find a … (3 comments)
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unauthorized practice of law: UPL: Unauthorized Practice of Law - 07/09/07 06:28 PM
According to the Colorado Notary Law Primer, there are exceptions in which a notary may give advice about documents: "Exceptions. Nonattorney Notaries who are specially trained, certified, or licensed in a particular field such as real estate, insurance, and escrow may advise others about documents in that field, but in no other."
Even though it says so in writing, I think it would be wise to use good judgement and prudence regarding how (and IF) we "advise" the borrowers about their loan documents, even if we believe we know the answer. At the expense of appearing ignorant, I have saved many closings … (0 comments)
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Leon Austin, Colorado Springs Mobile Notary
Colorado Springs,
CO
More about me…
Mobile Notary Services
Address: Colorado Springs, CO
Office Phone: (719) 473-9336
Cell Phone: (719) 238-7988
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