Closing in a Nursing Home
A mortgage closing in a nursing home is not a situation that I expected to encounter. I was recently asked to complete a closing in a county nursing home. My first thought was that we would be meeting at the work site of one of the borrowers – that’s occurred many times.
Upon calling to confirm the appointment, I learned that the wife was a resident of the nursing home. The couple was quite elderly, and I began to feel bad about the situation, in a couple of ways. I was apprehensive about their understanding of the terms of the loan, and I was concerned about the issue of competency. I also had thoughts about the challenge of living on a fixed income late in life, and felt badly that a couple in their 80s needed to refinance their mortgage.
The most important thing I needed to do was to work on my attitude. In feeling concern about their finances and age, I was making judgments that were not appropriate for me to make. Even though I was feeling sympathy, I needed to maintain impartiality.
So, I focused on believing that I would provide my best effort, and only they could decide if the transaction was in their best interest. I acknowledged that if I didn’t perform the closing myself, someone else would, and I could be helpful by being clear and patient with them.
When I arrived, I learned that the wife had turned in her driver’s license and had no ID. Her husband had an old expired license of hers along with all her other personal info at his home, so I agreed to follow him home to view it. I was going to have them sign first, then complete my notarizations after seeing the ID.
Upon seeing the HUD, Mr. Borrower became very upset. He was surprised about the closing costs involved, and had been unaware of the prepayment penalty that was being charged with the payoff of the prior loan. He said that he would not sign anything. We called the title company, and were not able to reach anyone from the lender’s office at the time, and he said that he would not consider the loan based on those terms. He was very sharp and clearly knew what he wanted.
On the other hand, the setting was very difficult. The nursing home staff had no real respect or courtesy for the fact that we were attempting to complete a business transaction, and there were constant interruptions. Upon the 4th intrusion, this time by a physical therapist who wanted to take Mrs. Borrower, I said, “We are trying to sign some papers. Is it possible for Mr. & Mrs. Borrower to have some privacy?” This was all in the first 5 minutes while we were attempting to get set up to begin. So the therapist apologized, and said that they thought it was only Mr. Borrower who was involved, and she shut the door.
But then, as mentioned, we adjourned.
I confess that I was relieved and hoped that this was over. I had not actually gotten to the point of asking Mrs. Borrower to sign anything, but her condition seemed very weak and I really wondered how that would have worked out.
A week later, the Title Company called me again, and wanted to reschedule. I really wanted to turn it down, but this is a wonderful, fairly local lawyer’s office that does a lot of title work for a lender who I won’t name, but they are quite prevalent in this area. I am their preferred notary in this area, and they are excellent to deal with, pay well and quickly, and I felt obligated to do it for them. I also was remembering the need for impartiality, and really felt that I could not refuse based only on my personal concerns. This closing in a nursing home was not my preferred venue, but I could not refuse out of prejudice or distaste.
I again called Mr. Borrower, to remind him to bring his wife’s ID. I couldn’t reach him and he had no answering machine. I guessed that he might be at the nursing home already, so called there.
The nurses said he wasn’t there, so I asked to speak with Mrs. Borrower. They woke her up and gave her the phone, and she was completely confused. She didn’t understand who I was, what I wanted, and gave the phone back to the nurse.
I figured that I would let the nurse know that we had this second appointment, and see if I could at least prevent some interruptions. I explained my reason for calling, and asked the nurse if she believed that Mrs. Borrower would be able to sign some forms later on. The nurse said, “Maybe later, but not now – she just woke up and has taken her meds.” I was concerned about having to ascertain her competence.
Next I called the NNA member hotline to refresh my memory on the details of identification by a credible witness, and also specific guidelines as to my establishing competency in my signers. This information is specific to the state of NH – here is what I learned.
To establish ID based on a credible witness, I would need to actually know the witness. So, even though all the nursing home staff members knew this person and could identify who she is, I could only accept them as a witness if I already knew them. That would not work in this case, as I was not personally acquainted with anyone there.
I asked about the expired driver’s license, and was told that there were no qualifications in the NH state requirements that a government-issued ID needed to be current and unexpired. So, I had confirmation that I would be able to accept the expired license, assuming Mr. Borrower remembered it.
I also asked about more detail on establishing competence. All the NNA Rep could tell me is that I had to believe that the signer was competent. I expressed concerns that I am not medically trained and uncertain of my ability to evaluate this. Ultimately, this is the appropriate time for judgment call on my part, and I had to feel as though the signer understood the purpose of the signature and could comprehend the nature of the documents being signed.
When I arrived, fortunately Mrs. Borrower was awake, eating supper, and probably at her best. Mr. Borrower was ready to go, and I asked Mrs. Borrower if she was ready to sign the loan documents I brought. She said, “yes, I’ll try”, and when she saw the pile of pages, she expressed concern at the volume of documents. I said that as long as she was willing to sign and initial them, I would help her steady the pages. She agreed and her husband assisted her.
She was very weak and shaky. As I write this, I’m waiting for feedback from the Title Lawyer’s office as to the acceptability of the signatures, since some of them were so shaky as to be illegible. There was a moment when Mr. Borrower wanted to guide her hand, and I told him that she needed to sign under her own power, and to let her do the best she could. We took numerous breaks so she could rest, as it was very difficult for her.
Mr. Borrower was very good about assisting her understanding. He said several times, “remember that we are signing these papers to lower our payment?”, and she replied, “oh, yes”.
The experience brought back many memories of my own grandparents and other family members who had to spend time in nursing homes or assisted living facilities. It was one of the more challenging assignments I have completed, and was a valuable exercise in focusing on my duties and obligations.
A recap of lessons learned during this closing in a nursing home:
I cannot apply my emotional judgments regarding the borrowers and their age, health or financial status in accepting and/or completing assignments. I am required to remain impartial. I can, however, direct the energy of this concern into my efforts to be as clear, helpful and effective in my role as possible.
I must apply my independent, intuitive judgment in evaluating competency. I need to feel in my gut that the person is lucid and understands my questions, and is signing willingly. If I have doubts about these things, I cannot notarize the signature.
I can focus on the best interests of my borrowers and contribute to creating the most effective venue for the signing by calling ahead to a facility of this nature, and asking a few questions in advance.
Always remember that the most challenging and difficult situations can turn out to be our very best teachers.