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What Would You Do: The case of the improper Signing Agent request


Imagine this real-life scenario: You get an assignment for a mortgage refinance package for a local couple. The property is located in another state — in this case Georgia — and documents must be signed by a witness in addition to the borrowers. Shortly before leaving for the signing, the borrowers call to cancel the appointment because they do not have a witness.

You check your reference material and verify that you cannot act as the witness for documents to be filed in Georgia if you also notarize those documents. Then you reach out to your contact at the company that gave you the assignment to let them know the situation. They respond via text that you can act as a witness and Notary, and instruct you to proceed with the signing.

There are several text exchanges, including one in which you send them a screenshot of the page of your reference material citing Georgia’s prohibition for Notaries at act as a witness and Notary in connection with the same document. The company insists you are mistaken and continues to instruct you to go ahead with the closing.

What would you do?

To participate in this week’s “What Would You Do?” scenario, share your answers in the comments section below. We may mention your response in next week’s Bulletin, when we offer the best possible answer(s) to this notarial challenge.

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