Question

A Notary Signing Agent consistently follows the practice of obtaining borrowers' thumbprints in his or her journal, but is commissioned in a state that does not require journal thumbprints. A borrower has complied with all other notarization requirements, but objects to leaving her thumbprint in the journal. What should the Notary Signing Agent do?

Answer 1

A Notary Signing Agent should not insist on a thumbprint if the state does not require it and the borrower objects. The agent must adhere to state laws and be considerate of the signer's comfort and privacy.

Step-by-step explanation:

If a Notary Signing Agent is working in a state that does not require journal thumbprints, and a borrower objects to providing one, the Notary should comply with the borrower's request. The main responsibility of the Notary is to adhere to state laws and regulations. Since thumbprints are not a legal requirement in the agent's state of commission, insisting on a thumbprint could be an overstep of their authority and could potentially infringe on the borrower's privacy rights.

It's essential for Notaries to be sensitive to signers' concerns and to maintain a professional standard of conduct that respects the rights and reasonable requests of signers. While maintaining a record of thumbprints may be a normal practice for additional security, when faced with an objection, it is important for the Notary to prioritize state law and the comfort of the signer over personal practice or preference.

Answer 2

Complete the Signing assignment.

Step-by-step explanation:

The practice of obtaining fingerprints from the borrowers was probably established to obtain the identification control of these professionals, since it is important that this control be established for reasons of security and effectiveness.

In view of the importance of this identification, it is necessary to establish another method of identification if the state does not allow fingerprints to be obtained, or if one of the borrowers refuses to offer his fingerprint. In that case, the best thing to do is to establish that the borrowers must assign their signatures to the Notary Agent's diary.