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Signature by mark: uses and misuses

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Services for Real Estate Pros with Mobile Notary Services

Occasionally I will get a request from a borrower to notarize a document for them that is not part of the closing documents.  No problem. I do it at no extra charge. I had such a request last night.  It was actually for the borrower's mother.

signature by markFirst I completed the closing.  Then I offered to notarize the document.  It was a Quitclaim Deed.  There was a problem though.  The borrower's mother would have to sign with a mark, since she was unable to sign her name.

 

That itself is not a problem.  A signature by mark can be used to sign a document (CRS 12-55-110.5). 

The problem was that the borrower's mother has Alzheimer's, and was not fully aware of what she was signing.

A signature by mark is acceptable if a person has a physical limitation that prevents them from signing their name.  But I couldn't accept it if the person doesn't understand what they are signing.

 

 

sign hereP.S. With more than 100 pages of loan documents to sign at closing, there are a lot of borrowers who would prefer to sign with a mark. 

Sorry.

 

 

Comments (5)

Tony du Preez
RESE Realty Inc - Provo, UT

in south africa they use a  thumb print

Feb 24, 2009 10:39 AM
Tony Grego, 317-663-4173 #1 Trade Association for Alternative Inv
REISA - 317-663-4173 - Indianapolis, IN

Very interesting post. Thanks for your post.

Have a great day

Tony

Feb 24, 2009 12:51 PM
Ardel Richter
Arkansas Notary on Wheels - Mountain Home, AR

Altho' physical limitations is the most used reason for a 'signature by mark', it's not the only reason.  What if a signer is mentally competant, but illiterate? Your issue in this example isn't 'signature by mark', but mental imcompetance (Alzheimers).  If she could have written her name, you still couldn't have notarized the document.

Feb 26, 2009 11:12 PM
Leon Austin
Mobile Notary Services - Colorado Springs, CO
Colorado Springs Mobile Notary

I'm well aware of all the circumstances in which a signature by mark can be used.  I cited the Colorado notary law that covers it, and have read it in its entirety (CRS 12-55-110.5)

But I'm writing about one specific incident -- not a discourse on 'Signature by mark'.

The issue is that the daughter wanted me to notarize a document for her mother.  She said that her mother is unable to write her signature (physically).  She was told that all she had to do was have her mother make a mark in the presence of a notary (signature by mark), and that that would be good enough in place of her signature.

What the daughter didn't realize is that a signature by mark cannot be used in this case.

 "What if a signer is mentally competant, but illiterate?"

If the signer is illiterate (i.e. can't read), a signature by mark may still be unacceptable if they don't understand what the document is all about.

Feb 26, 2009 11:34 PM
Terry Miller
Miller Homes Group - Tyler, TX
Miller Homes Group and Tyler Apartment Locator

That's a tough one. One must have some mental capacity to sign.

Mar 02, 2009 01:29 AM