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Be sure the signer understands the limited capacity in which the notary is acting; only as the notary public. It should be explained to the signer the Company is not involved in their transaction; especially when the documents involve real property.

The notary is acting only as a public officer and not as an employee of the Company. There are no other services being included such as recording of the documents or delivering originals to anyone else. The acknowledgment of their signature is where the notary's obligations end.

There have been many instances where an employee has agreed to notarize documents for a good customer when the documents had nothing to do with a transaction the Company was closing and/or insuring — yet the parties to the documents did not understand.

No one explained to them the notary was only notarizing their signature and nothing else. These are customers who were entering into a private loan where loan documents were notarized by a Company employee. Unfortunately the lender was under the impression, since the borrower signed their documents at a title company office, the loan would be secured against real property and they would receive title insurance. Be careful to fully explain to the signer the role of the notary public.

 

 

 
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