Posted by Maryland Notary on 1/12/04 11:51am
Msg #600
Maryland Notaries to complete pre-licensing training $545+
New legislation in Maryland is requiring notaries to become licensed as a Title Producer in order to perform signings in the state. For those of us who don't have a Producer's license, we are required to attend a 2-day pre-licensing course in Linthicum Heights (fee is $545), pass the Title Insurance Examination, and obtain a $100k bond. It puts us in between a rock and a hard place.
Has anyone completed the training yet? Any suggestions? Please. With so many companies that aren't paying I really cannot afford to hand over $545 to enroll in the course. I only work as a signing agent for extra income. Maybe this legislation will allow those notaries who are already licensed (or willing to get licensed) to charge more as the selection for Maryland notaries (as signing agents) will become slimmer.
Here's the website for more info: http://www.mdlta.com/
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Reply by Judith Goddard Aud on 1/13/04 9:10am
Msg #625
Maryland Title Producer Issue
Hello to all Maryland Notaries! Glad to see your post on this. What are we to do? Here are some of the particulars as I have uncovered them:
1. This 'law' as always been in effect for "Title Insurance people", the law states the "if what you do engages in or results in the sale of Tile Insurance, then you are required to be a licensed producer" meaning: take the class (pay the only one certified company to give course almost $600.00), pay the fee to Maryland Insurance commission, get a license then sign on with each title company we do work for.
2. This is the same wording as is in every law regarding each profession, i.e. Real estate, other insurances, legal, construction, etc. If it requires a Maryland license then the law reads "if what you do results in the sale of ...." then you need a license. This is how the state of Maryland raises money by taxing everything the citizens do under the guise of "establishing creditials and a uniformity in work and control of ethics, etc.
3. I contacted the NNA who agree with most of us, that we are witness signing Notaries who are not "engaging in the sale" of anything. In fact we are unbiased, non-interest holding, witnesses to others signatures. We do not sell or promote the sale of anything. All decisions on sale of Title insurance, MIP, Surveys, Mortgage interest and all else has been determined way before we are ever involved and done between the lender and borrower, not us.
4. If we give in to this, will they next require that all notaries become certified or licensed profesionals in what ever field is involved for whatever document we are notarizing? i.e., certified adoption agents, motor vehicle administrators, loan agents, doctor report administrators or better yet, doctors! These are just of few of the various forms I personally have notarized and there are many others. The point being, we are not commissioned to be licensed in any field of expertise except verifing proof of indenity and collection of signatures.
5. Until this is tested in a court of law it will not apply to us. The current law states that refinance loans may be signed with only a notary public witness. Until that changes we may continue doing signings as long as the lenders and title companies don't get nervous and feel cohorced into going along with the Insurance commissioner.
6. The reason all this has come about is because attorney's and Title Insurance loan settlement offices are loosing money, they have complained and can't find a way to stop us notaries so they find a loop hole and get the Insurance commissioner involved who quotes an old law and scares everyone into submitting.
7. I say we fight it and convince the lenders we have the legal right to excerise our notary commissions.
Lets all the Maryland notaries get to know each other in case this becomes a really large issue so we can band together with the legal department at NNA for some protection.
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