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#140539 - 05/13/07 05:31 PM Becoming an Agent and a Notary?
Aftermath Offline
Member

Registered: 01/08/07
Posts: 98
Loc: Ca
I have noticed a lot of Agents who are also a Notary Public. I have heard that here in California an Agent who is also a Notary Public can notarize their own clients documents in escrow. Is this true? Is it worth becoming a Notary Public? I mean your not gonna make a lot of money on the side but you could speed up yours and other Agents transactions.


Edited by Aftermath (05/13/07 05:52 PM)

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#140580 - 05/13/07 09:12 PM Re: Becoming an Agent and a Notary? [Re: Aftermath]
Mr. Foreclosure Offline
Major Contributor

Registered: 09/01/06
Posts: 2834
Loc: upstate New York
I have considered this in New York but looking at over a decade of business it doesn't seem to be worth it. Here the douments are usually notarized by an attorney at closing (I know some states use title companies for closing rather than lawyers). I sometimes need to have my signature notarized but couldn't notarize my own signature anyway.

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#140619 - 05/13/07 11:43 PM Re: Becoming an Agent and a Notary? [Re: Mr. Foreclosure]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
I'm a Notary in Colorado and this is what it says about notarizing something I have an interest in.
May I notarize my own document or signature?
No. A notary public who has a disqualifying interest in a transaction may not legally perform any notarial act in connection with such transaction. A notary public has a disqualifying interest in a transaction in connection with which notarial services are requested if he/she: (a) May receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received or (b) Is named, individually, as a party to the transaction.

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#140644 - 05/14/07 08:03 AM Re: Becoming an Agent and a Notary? [Re: pikes peak]
Aftermath Offline
Member

Registered: 01/08/07
Posts: 98
Loc: Ca
 Originally Posted By: pikes peak
I'm a Notary in Colorado and this is what it says about notarizing something I have an interest in.
May I notarize my own document or signature?
No. A notary public who has a disqualifying interest in a transaction may not legally perform any notarial act inconnection with such transaction. A notary public has a disqualifying interest in a transaction in connection with which notarial services are requested if he/she: (a) May receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received or (b) Is named, individually, as a party to the transaction.



Im not sure if its written the same way here in California but someone from another state had the same thing you just stated and he explained to me that.....

A)
 Quote:
named, individually, as a party to the transaction.
The transaction is between two parties and you are a facilitator so you are not technically a party to the transaction

B)
 Quote:
May receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received.


The key word is Directly meaning the transaction between both parties(property and the amount of cash the property is worth).

Your commission is a fee and is Indirectly received.

You have no direct interest in the property itself, your name is not on the title and your name is not on the loan.





Of course I dont know the real truth, I guess thats why I posed the question here LOL.


What Advantages do you have being a Notary Public?






Edited by Aftermath (05/14/07 08:56 AM)

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#140706 - 05/14/07 01:52 PM Re: Becoming an Agent and a Notary? [Re: Aftermath]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2743
Loc: CO
"What Advantages do you have being a Notary Public?"
None in being a Realtor.
However, I use it when buying right of way as the agent for city, county and state.
As far as your "indirect" analogy, if I don't notarize it, I don't get paid.
I'd rather let someone else notarize at closing to preclude any hint of impropriety and possible later liability if a problem arises.

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