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A NOTARY'S MORAL OBLIGATION

By
Services for Real Estate Pros with SANTA CLARA COUNTY NOTARY SERVICES

I'd like to share an incident I had last night as a reminder of our moral obligation as a Notary Public.

I was called to do a mobile notary at an elderly home yesterday evening. When I arrived I was greeted by a man who stated that he was the person who made the appointment. He was clearly an employee of the home due to his badge and attire. He escorted me to a small office where there was an elderly woman in a wheelchair. The man said she needed a document notarized. I immediately noticed it was a Grant Deed. I asked the lady for her I.D. and the man chimed in and said, "here you go" as he handed me a California I.D. card. As I was entering her information into my journal, I attempted to strike up conversation with the woman. I asked her how she was doing and she did not reply. The worker stated that she does not say much. I asked her to sign my notary journal and explained I would need a right thumb print. She just stared blankly. The man grabbed her hand and attempted to sign for her. I asked him to please stop and I asked if she knew what she was doing. No response again. I than scrutinized to the grant deed and noticed that the grantee stated in the document was the same name as the man's badge. I immediately told him that I could not notarize the document because I believed the woman was not competent to sign. He was clearly upset, but I packed my gear and walked out the door.

I just felt I should share this story with you all so that we remain vigilant in our duties. Thanks for reading.

Steve Sparacino

Comments(13)

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Ernie & Barb Suto
Century 21 Preferred Realty - Pompton Lakes, NJ
Steve, thanks for the story.  That has never happened to me so far, but have thought about what I would do in an "unusual" situation like this ......now I know.......
May 08, 2008 05:37 AM
Mott Marvin Kornicki
Waterway Realtors® • Notary Public & Apostille - Sunny Isles, FL
Miami Notary & Apostille 786-229-7999

I respect your decision. I've been through very similar situations appearing for duty to notorize important documents where an elderly and seemingly incoherent person was being led to sign documents that in effect reliquish assets to a relative and at times a stranger. I've walked away from several such signings too. I will start doing the journal and thumb print as well.

Thanks!

May 08, 2008 05:38 AM
Jacqueline Dyson
Dyson's Mobile Notary Service - Sacramento, CA

Reading this sent cold chills through my body. I would still have thoughts of doing more than just walking away.

May 08, 2008 01:38 PM
Denise OnullDell
Santa Clarita Mobile Notary - Santa Clarita, CA
Mobile Notary Public/Real Estate Agent

Good for you Steve!  I would have done the same.  You cannot be too careful when notarizing for elderly people.  When dealing with elderly persons, I also try starting up a conversation with them.  I always ask them certain questions, such as whether they know what they're signing and why they're signing it.  If they seem as if they're being coerced, or on any medication that affects their mental ability to sign, or don't seem to understand what's going on, I will refuse to do it.

When setting the appointment, I usually tell the person calling that the elderly person must not be under the influence of any medication that would affect their judgment or mental capacity; they must be fully awake and capable of signing any documents on their own with no help; and if possible, they should be sitting in an upright position so they're able to easily sign the notary journal.

May 14, 2008 01:33 PM
Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI

Steve

You did the right thing. Hopefully he wasn't able to find a less honorable notary to help him steal that poor womans house.

Jun 01, 2008 02:10 PM
Mary Ellen Elmore
Nunnelly, TN

Steve,

Yes, you did the right thing, but did you take it all the way and notify the police and or Adult Protective Services?

If not, this crook just kept calling until he got a notary that would do the job.

Jun 07, 2008 07:45 PM
Ardel Richter
Arkansas Notary on Wheels - Mountain Home, AR

Agree with last post.  You really ought to call whichever agency in your city/state equipped to handle financial abuse of the elderly.  That fellow will just keep trying.  Think I'd also (depending upon exactly WHO he was) let the hospital or home know.   

Jun 08, 2008 06:44 AM
Pamela Knight
Urban Knight Enterprises, Inc. - Phoenixville, PA

Notaries play a vital role in detecting fraud...I am glad you were observant of the interactions of the consumer.  Please do think about alerting the authorities.

Jun 08, 2008 01:44 PM
Phil Caulfield
Prosperity Home Mortgage - San Carlos, CA
I Get The Loans Done That The Big Banks Don't!

Way to go Steve! Our industry needs more people like you.

Phil

Jun 22, 2008 01:21 AM
Claudia Efthimos
Signature Homes & Estates - Morgan Hill, CA
GRI,SFR,ASP,SRES

After the never ending Mortgage Fraud news, its nice to hear the other end of the spectrum.        Too bad the news does not balance the good & bad

 

Aug 13, 2008 06:14 AM
Elizabeth Foust
Keller Williams Realty - Santa Rosa, CA

Great job Steve!  This is what being a notary is all about.  If you have not contacted the authorities about this, I would encourage you to do so.  You never know what may be uncovered.  She might not be the first one to sign over property to him.

Aug 16, 2008 07:03 AM
Lisa Kimmel
Central Wisconsin Notary - Stevens Point, WI
Mobile Loan Closer - Notary

Very interesting Steve.  Do you have any follow up on this story?  Would like to hear the outcome if you have any as in reporting this gentleman.  This is a nice example of what we need to look out for as Notary Publics.  Im going to bookmark this blog to check back.  Looking foward to your input if you have any.

Sep 08, 2008 05:08 AM
Julie Barrow
Barrow Home Solutions - Sacramento, CA

Absolutely the ethical (and legal) thing to do.  I fear that scenario is more common than we would like to believe.  Yes, it would be interesting to find out if there is any outcome to this situation.

Aug 28, 2010 08:16 AM