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A borrower wants to strike a clause from a loan document before signing. The signing agent should:

California Notary exam practice question · Signing Procedure · NSA

A borrower wants to strike a clause from a loan document before signing. The signing agent should:

  • ACross out the disputed clause as directed and initial the change
  • BSuggest wording the borrower could substitute
  • CRefuse to continue and leave with the package
  • Stop and contact the lender or title company for instructions

Explanation

Understanding the question

This question tests the boundary of a signing agent's authority, which is the single line that separates a lawful signing appointment from the unauthorized practice of law. A notary signing agent is hired to identify the signer, witness signatures and notarize — not to negotiate, interpret or alter the instrument. Striking a clause changes the substance of a contract between the borrower and the lender, and neither the notary nor the borrower can unilaterally amend a document the lender has already approved for execution. The correct move is always to escalate to the party with authority over the document and let them decide, which may mean redrawing the package. Note that signing agent practice is career training built on top of a notary commission; it is not part of the California state examination.

Why the correct answer is correct

The lender or title company owns the document and is the only party that can authorize a change to it. Stopping the signing and calling for instructions protects the borrower, who may have a legitimate objection worth resolving, and protects the notary, who has no authority to alter terms. The appointment can resume if the lender approves a correction or issues a corrected document.

Background

A notary signing agent's role is limited to identity verification, witnessing and notarial acts. Explaining, advising on or modifying loan terms is the unauthorized practice of law in every state, and the lender and title company are the parties with authority over the contents of the package.

Not My Document

If changing it changes what the parties agreed to, it is Not My Document. Escalate, do not edit. The notary's pen touches the certificate, never the body of the instrument.

Exam tip

On any scenario where a signer objects to language, the answer is never a variation of 'help them change it.' Look for the option that pauses the signing and refers the question upstream.

Common mistakes

  • Treating the borrower's instruction as sufficient authority to alter a lender's document
  • Believing that initialing a change makes an unauthorized alteration valid
  • Escalating by abandoning the appointment instead of calling the hiring party

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