Now That You Have the Signing…Part I

And finally, your hard work and patience have paid off…

Now that you have that signing, do you know what to do?  I didn’t, well, maybe I kinda did. NNA provides some great training on this, but going through the training and encountering this in real life are different things. 

When I managed to get my first Signing, I was completely freaked out.  I had absolutely no idea what I was supposed to do.  I mean, I had a sense…I had been through the training, but there was still so much that I didn’t know.  I remember that feeling, even now and would not want anyone to have to go through that. 

So, I created my own process.  Start to finish, this is the “Jeff Process”.  I assume it is much like everyone else’s.  I assume that unless we had someone to help us out, to guide us, that we all had to figure it out on our own, fortunately, you have me.  Feel free to tweak it, change it, make it work for you – make it your process.  To get you started, I am going to give you 2 lists:  1) When you get the Signing and 2) When you arrive at / conducting the Signing. 

1) When You Get the Signing:

1. Add the Signing to Your Calendar
2. Read the Confirmation
3. Confirm the Appointment with the Signer(s) and all that entails
4. Print Documents
   1. Set 1 Copy of Documents Aside for the Signer(s)
   2. Work the Other Copy
5. Prepare Your Notary Journal
6. Pack Up and Prepare to Leave for Your Signing

The details:

1. Add the Signing to Your Calendar – It is very important that you stay organized in this regard.  The last thing you want to do is to accept a Signing only to realize later that you have a conflict.  Or, worse yet, forget that you have a Signing altogether.

As far as spacing goes, I like to leave 2 hours between the start of one Signing and the start of the next one.  This is both a product of the fact that I live in Dallas, TX which is by all accounts a driving city and I feel like it gives me enough time to get through the Signing, complete any Scanbacks (for which I will have to drive home) or delivery to the Title Company and make it to my next Signing on time. 

This helps to accommodate late starts, folks who want to read every page and ‘chatty Cathys’. 

• Read the Confirmation – You will learn all kinds of information.  Go ahead and print a copy while you’re here.  You will find the Signer’s contact information necessary for Step 3.  Sometimes, the Signing will come with additional instructions outside the Confirmation.  Read those too.  I am not suggesting that Signing Agencies or Title Companies are hiding or trying to hide details or requirements: but they have to put them somewhere.

• Confirm the Appointment with the Signer(s) – Signing Agencies generally require that you confirm the appointment and then confirm back to them that you have done so.  Usually, they ask that you complete this task within an hour or so, sometimes, they just want to know of a final confirmation and sometimes they want to know of any attempts.  Title Companies are usually more forgiving.  As a general rule, unless instructed otherwise, call the Signer(s) to confirm the appointment as soon as possible.  If they don’t answer, leave a voicemail message.  Consider texting them at this point too. A little tid-bit…I call, leave a voicemail and then text. I have 2 messages saved in my phone so that I don’t have to type the same message each time, I can “paste” my pre-written message and then just tweak it for each person.

If you don’t hear from the Signer and, depending on when the Signing is, call and / or text them again.  If an email address is provided, consider emailing them too. 

If the Signing Day arrives and you still have not heard from the Signer(s), let your Signing Agency or Title Company know that you tried and have not had a response.  Let them decide your next action.  Ideally, you should not try more than one time each day in my mind. The usual advice is to just show up for the appointment.

When you do reach the Signer(s), confirm the date / time, location (address) and anything else that may be required.  For example, if you need a copy of their ID, ask them to bring one.  If you need 2 forms of ID, make sure you let them know.  While you’re here, take a moment to look to see where the Signing Address is and determine how long it will take to get there.  When I first started, I made a note on the Confirmation. 

Currently, I note any attempts to confirm the Signing and when it is finally confirmed and whether I asked for a copy of their ID(s).

As a great Plan B relating to getting copies of IDs, use that smartphone to take a picture and then email it to yourself.  Be sure to delete it when you no longer need it.  It is always good to have a Plan B.

• Print Documents – Unless instructed otherwise, plan to print 2 copies.  Ideally, you will have the documents in plenty of time to work through them.  There will be times when documents will arrive close to your departure or appointment time.  If you have not received them and have less than a couple of hours before you must leave for the Signing, reach out to the Signing Agency or Title Company and ask.  These days, I don’t mind doing what I affectionately refer to as ‘a Cold Reading’, but it is best to avoid that, especially in the early days.

4.1)  Set 1 Copy Aside for the Signer(s) – Depending on the size of the package, I use paper clips, binder clips or manilla envelopes to hold the Signer’s copy.  On the envelopes, I write the Signer’s name(s) and the date for the Signer. For the SA or Title Company, I write the Signer’s name(s), the date, the Property Address and my name and contact info.

4.2)  Work the Other Copy – rely on your training.  When you first start, practice, practice, practice.  And then, if you have time, practice in front of your dog, practice in front of a mirror, practice in front of an empty chair.  Just practice until you think you can do it.  As you are walking through the documents, but sure you are familiar with all of them – not just those that require notarization. 

There is some discrepancy between what we are taught to do and what some Notaries do, in real life.  We are taught that we should not touch the Notarizations until you are sitting in front of the Signer(s) and then, and only then, after the Signer(s) has signed, should you complete the Notarization, sign it, and stamp it, deliver the Oath / Affirmation, if necessary, and then move on.

That is not necessarily how it works in the real world.  Claiming a desire to save time or not mess with the flow of the closing (meaning, not having to pause to complete, sign and stamp a Notarization), some Notaries complete every Notarization before they leave their house, signature, stamp, and all.  Some don’t even deliver any Oaths / Affirmations at all, and some will deliver a general one at the outset, thinking it sufficient.  I will tell you that I will complete the Notarization except for my signature and my stamp (or as much as I can) as part of my process and then at the Signing add my signature and stamp where appropriate and of course, deliver an Oath / Affirmation – one for every document that requires it.

This is as good a place as any to address delivering Oaths or Affirmations.  You should have already learned the difference.  Long before you attend your first Signing, you should have an idea of which you are going to deliver and the verbiage you will use.  Some states provide very specific language, others provide guidance.  What every state (I think) has in common is the requirement to deliver them.  I can only speak of Texas here.  There seems to be some amount of confusion or something about delivering Oaths or Affirmations.  Some believe that you can deliver one general, non-specific, Oath or Affirmation at the outset of a Signing and that it will suffice.  Others believe that Oaths or Affirmations are optional and never deliver them at all.  In fact, when asked at an educational workshop, a representative from the Texas Secretary of State’s office was asked about this very thing, being every bit the politician, he beat around the bush so much that I think the audience forgot the question and only think he answered it.  He did not. 

Here is my take on Oaths / Affirmations.  I used to work with several attorneys and so when I first started and was advised by a Notary who stated that she did not deliver Oaths / Affirmations at all because she thought it was weird and it made her uncomfortable, I reached out to 7 attorney-friends to get their take on the practice.  Every one of them without hesitation, told me the same thing.  Deliver the Oath, for every document that requires it, every time it is required.  In fact, one of them who is also a Law Professor, gave me a 15-minute dissertation on what they are, why they are important and insisted that I deliver them every time.  His argument was that if the state leaves the requirement open to interpretation, then you should do what protects you most.  Today, the state may interpret things one way, but tomorrow a new guy may take over and interpret the rules a different way.  Protect yourself and in the end, the few seconds it takes to deliver an Oath / Affirmation may prove to be worth it. 

The alternative is the potential of a $750 fine per undelivered Oath / Affirmation and a risk of having my Commission suspended or revoked – there goes my livelihood.  I will get off my soapbox now.

• Prepare Your Notary Journal – this, you can complete at home – to a point.  You can make note of every document that requires Notarization and whether that Notarization is an Acknowledgement or Jurat and add most of the Signer’s information.  I think all of that is perfectly OK.  Then when you are in front of the Signer(s), add the ID information, their address and ask them to sign it.
• Pack Up and Prepare to Leave for Your Signing – make sure you have everything you need – the documents, your Notary Journal, pens, and your stamp and whatever else you believe belongs in your bag.  Don’t forget to take your Confirmation with you, but don’t pack it.  You will need the Confirmation, so you have the Signing Address for your GPS and so that you have the Signer(s) name(s) handy when you arrive, so you know who to ask for and the Signer(s) phone number in case there is a traffic or some other delay. 

If I am going to be more than 2 or 3 minutes late, I call to let the Signer(s) know.  I might arrive early, but I never park in front of the Signer(s) house until 1 or 2 minutes before our appointment time and never exit my car more than 1 minute before the appointment time.  That’s just me…this is my process.  Change it anyway you want, make it your own.

This is a great time to address what to do IF you cannot make it to a Signing. Let’s face it, life happens.  Sometimes the Universe simply gets in your way.  As I mentioned, if I am going to be more than 2 or 3 minutes late, I call.  Even if I have to leave a voicemail message or send a text (safely).  IF you are going to be any later, let your Signing Agency and / or Title Company know too.

While what we do is important, vital even, it is not life or death.  It is not worth risking your life by driving like a madman to avoid being 2 minutes late. Not to mention, any ticket you get, will likely cost more than you you make at your Signing. 

In Part II, I will continue and talk about conducting the Signing.

In the meantime: Here’s a fun question for you: What’s in your bag?  See my response further in the next post.