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#1402486 - 06/11/10 03:47 PM Notarizing Document in Foreign Language
Anonymous
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I know this is probably a matter for my local notary association, but I thought maybe I could get a quicker response on here. Have you ever had a customer request that your bank notarize a document that is completely in a foreign language? Do you add the acknowledgement in English and notarize, or do you refuse? I usually don't concern myself with the contents of a document, but at the same time I didn't know if I had an obligation to make sure it wasn't something crazy or suspicious.

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#1402532 - 06/11/10 04:27 PM Re: Notarizing Document in Foreign Language Anonymous
Al Miller Offline
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Al Miller
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Pleasanton CA USA
First, people are Notaries, not banks. Beyond that, unless there is a specific exception requiring that only bank documents can be notarized by a Notary employee (I call that "Notary Private"), it is between a Notary and a person.

A Notary is attesting that a person who is eiher known or identified executed a document in the presence of the Notary. Notaries should not be concerned with the contents of the document they are notarizing.

Al
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Opinions expressed are my own and not necessarily shared by my employer.

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#1402542 - 06/11/10 04:34 PM Re: Notarizing Document in Foreign Language Al Miller
Kathleen O. Blanchard Offline

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Depending upon your state law re notarization, you may need to at least know the type of document and perhaps purpose. Some states require notaries to keep a log of all documents notarized, including a description of the document, signers, date, id used.
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#1402751 - 06/11/10 06:51 PM Re: Notarizing Document in Foreign Language Kathleen O. Blanchard
Anonymous
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Thank you both. I wasn't clear that I individually became a notary to perform services for my bank's customers. I hadn't even thought about my journal- how would I note the type of document- would I take their word or would that problem make it best for me to refuse?

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#1402756 - 06/11/10 06:55 PM Re: Notarizing Document in Foreign Language Anonymous
edAudit Offline
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edAudit
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Originally Posted By: Anonymous
Thank you both. I wasn't clear that I individually became a notary to perform services for my bank's customers. I hadn't even thought about my journal- how would I note the type of document- would I take their word or would that problem make it best for me to refuse?


Being a notary is not just for your bank customers.

If I could not determine what the documents were I would refuse.
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#1402782 - 06/11/10 07:14 PM Re: Notarizing Document in Foreign Language edAudit
Bob The Banker Offline
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As a notary you do not need to understand the document, however, the person whose signature you are notarizing, needs to know the meaning of the document.

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#1402808 - 06/11/10 07:31 PM Re: Notarizing Document in Foreign Language Bob The Banker
Anonymous
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I know that the notary public is not just for bank customers but I only became a notary at my employer's request, I would not have become one otherwise, and I have not used it outside of the bank in the past 4 years. That is neither here nor there. I was only looking for an opinion as to whether others would notarize or refuse such a document. And I see we are split, so I will make a decision based on my situation. Thank you.

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#1402811 - 06/11/10 07:33 PM Re: Notarizing Document in Foreign Language Bob The Banker
edAudit Offline
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NYS

§333. When conveyances of real property not to be recorded.
***
2.2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge.
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#1402812 - 06/11/10 07:34 PM Re: Notarizing Document in Foreign Language Anonymous
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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If the person can give you an adequate explanation of the document and you are comfortable with that explanation, you can notarize it with proper ID. Since it is a bank customer (I presume) you may already know them and have a level of comfort. I did notarize a document written in a foreign language once. I was given a detailed explanation of the purpose (property sale) and obtained extra ID.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1402826 - 06/11/10 07:40 PM Re: Notarizing Document in Foreign Language edAudit
edAudit Offline
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Also NYS
The distinction between the taking of an acknowledgment and an affidavit must be clearly understood. In the case of an acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant. There are certain acknowledgment forms which are a combination of an acknowledgment and affidavit. It is incumbent on the notary public to scrutinize each document presented to him and to ascertain the exact nature of the notary’s duty with relation thereto. An affidavit differs from a deposition in that an affidavit is an ex parte statement. (See definition of Deposition.)
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#1402831 - 06/11/10 07:44 PM Re: Notarizing Document in Foreign Language edAudit
edAudit Offline
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It may be different in another State. If I understood the foreign Language I would see no problems with it. If it is for real property in NYS it would not be recorded.
_________________________
Opinions can be considered as coming from anywhere but my employer.

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#1402841 - 06/11/10 07:51 PM Re: Notarizing Document in Foreign Language edAudit
Kathleen O. Blanchard Offline

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In my case I was actually just witnessing the signature on a document to be filed in another country and saying "yes she signed it and I checked her ID". Notaries need to check their own state law, understand what role they are playing in the transaction, etc.
Last edited by MS Kaybee; 06/11/10 07:51 PM.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1402845 - 06/11/10 07:52 PM Re: Notarizing Document in Foreign Language Anonymous
edAudit Offline
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As this is an Anonymous post and I do not know your knowledge of BOL, I would generaly follow the advise of MS Kaybee and Al Miller but read my post and as well and check your state law
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Opinions can be considered as coming from anywhere but my employer.

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