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Posted by Anon on 7/27/05 12:02am
Msg #54970

Share your Honest Opinions

I hired a notary for an E-Mail doc loan. I asked her fee, and she replied "$65.00." I told her my company does not pay that low and offered her $100.00, which she, of course, accepted. She went to the borrowers home, and performed under most of the rules of the confirmation, which she had to sign and fax back to me to receive any payment at all. I learned form the title company several days later that she crossed something out on the notarial certificate and neglected to initial the cross-out/correction. Per the stipulations, notaries who work for me must correct notary errors at notary expenses. In this case it was simple. All the lender wanted was a completed filled out Jurat to attach to the document that contained the error. She was to fax it to a toll free number, and FedEx the original correction priority overnight, which she also failed to do. She was told the lender would not fund the loan until this paperwork was corrected, (can anyone out there say maximum Errors & Omissions Insurance?). It took her two days to correct the error; she lied about having faxed the correction to her; she did not contact me as directed after the signing to communicate its completion; she never provided me with a tracking number, and as a result of her incomptence in this matter, I almost lost this account. I was able to save it, but almost lost it.

She also requested I increase her fee when she finally called me. I had to point out that I raised her fee 53% from what she initially quoted, and I told her that other companies might have taken asvantage of that low ball fee, and she should be grateful that I am not one to take advantage of people like this.

What would you do with this notary given the fact that she signed the confirmation with all its rules and warning that she would be doced $25.00 for notary error?




Reply by TinaG_CA on 7/27/05 12:09am
Msg #54972

IMHO I would not use her again.

Reply by Lisa/WI on 7/27/05 12:13am
Msg #54973

My honest EOM opinion---Who are you? You UPPED her fee?!!!! All joking aside, Im too new to form an opinion, but Im sure you will receive a few. It sounds like to me, you were fair.

Reply by Anonymous on 7/27/05 12:38am
Msg #54983

Why are you asking our opinions? If you're a smart business person, you should have already lost her number. She gives us GREAT notary a bad name.

Reply by BrendaTX on 7/27/05 12:20am
Msg #54978

.......What would you do with this notary given the fact that she signed the confirmation with all its rules and warning that she would be doced $25.00 for notary error?......

Okay, a few questions come to mind.

How did you remember that she said $65, if you did not remember to follow up on the tracking info for your client to keep the account safe?

Wouldn't a $65 quote for eDocs clue you in that she might be flakey?

Would you really expect a notary to complete a loose jurat and send it in without having the bwrs resign the document?

If you are asking about pay, pay her whatever she did under your agreement, don't use her again...check out the notary rules in your/her state on whether or not to request a loose jurat.

Forget about it and move on.




Reply by Anon on 7/27/05 6:42am
Msg #54996

I find in 3 out of 10 signings, notaries ask for a fee that is below the minimum I pay. They are grossly undervaluing the work they do, and unfortunately, IMHO, the SSs that hire these people are taking gross advantage of theses notaries. I just can not do that.
This SA interviewed well over the phone, and while she did not have a lot of experience, she seemed like she knew what to do. In any case, I thought it was hunourous tthat she requested an additional fee immediately after the signing. Below is my response to her request:

I thank you so much for being able to facilitate the signing for ******. The time, care, and effort you gave this client are immeasurable, and I do appreciate your patience.

"As you recall, the fee you quoted ******* for this E-Mail document signing was $65.00. Many Signing Services would have taken advantage of this and confirmed with whaat you asked. Please note that we at ****** did not do that. Instead we told you what we pay ($100.00), which was about 53% more than your request. I hope this shows you that we are a reputable company and do not take advantage of notaries.

We thank you for taking care of this signing and hope there will be more signings we can send you in the future. Your check will be prepared and mailed 31 July 2005.

Sincerely,"

I had already decided what it is I am going to do; I just wanted to hear what other notaries felt about the situation.

Reply by SamIam_CA on 7/27/05 10:22am
Msg #55026

I think that any notary error should be corrected free of charge by the notary.

That means the notary pays the cost driving back out to the borrowers to re-execute the jurat, the cost of FedEx-ing the package, etc.

If your original confirmation said you doc $25 for notary error - then by all means take $25 off the $100 payment.

After you send the $75 check take their name & number off your database.

This is how I would expect to be treated.

Reply by PAW_Fl on 7/27/05 10:36am
Msg #55038

Initialing in the notary certificate is not "required", at least in FLorida. So, technically, unless there were specific instructions that state otherwise, there was no error. It is ''recommended'' that all corrections be initialed, but it's not an error if they aren't.

Reply by wp 98012 on 7/27/05 10:26am
Msg #55029

It sounds like you need more reliable professional like myself?! Do you regularly fascilitate closings in the Greater Seattle area?

Reply by Anon on 7/27/05 7:54pm
Msg #55205

Within the next 2-3 weeks, I expect to have hundred of closing throughout the U. S. When all is ready, I will announce it here.

Reply by Charles_CA on 7/27/05 12:22am
Msg #54980

Smells like a troll to me..../nm

Reply by Same Post on GMN on 7/27/05 7:23am
Msg #54998

Re: Smells like a troll to me..../nm

Fishy AND same jive somewhere else. A notary does not have to initial their changes to the notarial wording and it's illegal to send a loose certificate without the original doc attch to it. Don't use this person any more and use one of your lowlife broker buddies to help you out next time.

Reply by SamIam_CA on 7/27/05 10:24am
Msg #55028

Re: Smells like a troll to me..../nm

**A notary does not have to initial their changes to the notarial wording **

Why not? Just like any other cross out /change - if you don't initial then how can you know who made the correction?

Reply by To Sam I Am on 7/27/05 4:00pm
Msg #55159

Initialling

Miss Sam - it's YOUR notarial statement, not the customers. Trust me, you DO NOT have to iniitial your changes, absolutely, and if you do, that's fine but you don't have to and if you think about it, it's OBVIOUS who made the change: The Notary (for example, counties that are typed wrong, verbage such as "acknowledged before me" changed to Subscribed and Sworn, dates incorrect, etc. There is no need to initial!!!

Reply by TitleGalCA on 7/27/05 4:08pm
Msg #55162

Wanna bet? Recorder won't accept it otherwise in CA n/m

Reply by Charm_AL on 7/27/05 4:11pm
Msg #55165

Re: Wanna bet? Recorder won't accept it otherwise in CA n/m

I won't take that bet, I've always been told to initial my changes. I would think just because it's your notarial act doesn't mean someone can't change something. That doesn't sound right to me

Reply by TitleGalCA on 7/27/05 4:30pm
Msg #55171

Meaning..it DOES need to be initialled

otherwise Recorder won't accept it. Sorry I wasn't clear.

Reply by Anon on 7/27/05 8:08pm
Msg #55211

Re: Initialling

Please reference the state notary statue to which you refer regarding not having to initial. Please keep in mind thaere are three different states venues involved here.

Furthermore, read the Education Article published by the FL Governor's Office below (especially the last paragraph) as this will let you know that not initialling changes is WRONG:

May 1998
Greetings Florida Notaries!

The Governor's Notary Section has been overwhelmed with the fantastic response to our new E-Mail E-ducation program. We commend you for taking advantage of this convenient (and free!) method of notary education.

NOTARIAL CERTIFICATES
For our first article, we are going to talk about notarial certificates. We see hundreds of notarized documents in this office every month--unfortunately, many of them come to us in the form of complaints. A common mistake which requires education and often results in a reprimand from the Governor's Office is that the notarial certificate is incomplete or even non-existent. Let's talk about what is required.

First, what is a "notarial certificate?" It is the written statement made by the notary public certifying specific facts of the notarial act performed. Literally, it is a written record of the notarization.

A notarized document must have three basic parts: the text of the document, the signature of the person(s) executing the document, and the notarial certificate, which includes among other elements the notary's signature and seal.

The notarial certificate follows the document text and the signer's signature line. It is usually already typed or printed on the document. In fact, it is the presence of a notarial certificate on a document that generally signals the requirement for notarization.

When you are asked to notarize, you should always examine the document and check the notarial certificate immediately. That notarial wording will tell you which notarial act you are to perform--an oath or an acknowledgment. You will also want to make sure that the following elements are contained in the notarial certificate:


the venue--the location of the notarization, generally stated as "State of Florida, County of ___"
the type of notarial act performed--an oath or an acknowledgment, evidenced by the words, "sworn" or "acknowledged"
the personal presence of the signer before the notary at the time of notarization, usually stated with the words, "before me" or "personally appeared"
the actual date of the notarization
the name of the person whose signature is being notarized
the type of identification the notary relied upon in identifying the document signer
the official signature of the notary
the commissioned name of the notary, printed, typed, or stamped below the notary's signature
the notary's official seal, containing the words, "Notary Public--State of Florida," and the notary's exact commissioned name, commission number, and expiration date, and affixed with black ink.

Some notarial certificates vary in format, but any certificate must contain all these elements. If some of the information is missing, you must write it in. If some of the information is wrong, you must correct it. We suggest that corrections in the notarial certificate be made by the notary by striking out the incorrect language, writing in the correct information, and initialing the change. Never use correction fluid.




Reply by PAW_Fl on 7/27/05 10:35pm
Msg #55247

Re: Initialling

>>> Please reference the state notary statue to which you refer regarding not having to initial. <<<

First, most statutes regarding how to complete a duty, function or task, does not list things you shouldn't do, but things you MUST do. In the Florida statutes, there is nothing that says you MUST initial changes. Note, that in the article you reference, it is stated: "We suggest that corrections in the notarial certificate be made by the notary by striking out the incorrect language, writing in the correct information, and initialing the change. "

It is a suggestion.

Actually, the ONLY time the word "initial" is used in the notary statutes is:

117.107 Prohibited acts.—
(1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.

Nowhere else in FL s. 117 is the word "initial" or any other derivative of that word used.

If you are planning on running a Signing Service in Florida, I strongly urge you to bone up on your Florida notary law.

Reply by Anon on 7/27/05 11:22pm
Msg #55261

Re: Initialling

I can not figure out why you are choosing to be so argumentative.

I run a very large and successful Signing Company in Florida. I know Florida law regarding 117 as well as those laws pertaining to notaries public in Chapters 113; 28; 839; 116; 320; 92; 695; 741; 319; 655; 943; 316; 732; 425; 744; 695; 839; 831; 775; 282; 118; and 721 as well as the Florida Contstitution.

Furthermore, the artice I placed in the post is from Continuing Education, Department of State, Florida Governor's office of 1998. Seems to me when the suggestion comes from the source that appoints notaries public, it is good advice to follow.

Additionally, lenders and title companies may require initialed changes as they must answer to the Federal Government's Bank Comission who has their sets of rules/laws, which as a notary signing agent you must also follow if you intend to work with loan documents.

Aside form that, while the notarization takes place in Florida, the Mortgage may be recorded in another state where the statutes are different, and the lender, title company, and/or the courthouse where the mortgage is recorded may require those initials for changes made by the notary. Law or not, it is the borrower who suffers from these inept and argumentative notaries. I strongly suggest you carry the full 100k E & O if you are going to be this disagreeable about what others demand on their documents, which you apparently do not want to provide, or better yet, get out of the business before you encourage someone to be disciplined to the extent of losing the notary appointment.

It seems to me that if you want to continue as a notary signing agent anywhere, you need to be, at the absolute least, as well versed in these laws as am I!!!

The next time you refer to a statute, be certain it has something to do with the topic. The statute you reference has nothing to do with the topic contained herein! Basically, it is says notaries may only sign their names as comissioned by the Department of State; it has nothing to do with making changes.

While I believe you are knowledgeable (to a limited degree), as I have read some of your posts, you are definately not the utmost of authorities on all things to do with notaries!

Reply by Anonymous on 7/27/05 11:31pm
Msg #55266

Re: Initialling

"For those with the lousy attitudes, respond if you want, but I will not be back to read it."

I thought you were not going to be back?

Reply by Anon on 7/27/05 11:52pm
Msg #55275

Re: Initialling

When you're right, you're right. I guess I could not resist taking a peak after I finished my invoicing this evening. I'll try not to make a blanket statement like that again. Frankly, a couple of these people are quite entertaining, and I laugh harder at them than I do at some of the sit-coms I watch. I like to laugh. It releases the endorphines and makes me feel great.

Reply by Sam I am in CA on 7/28/05 12:36am
Msg #55283

Jeez - I think I opened Pandora's Box!!! n/m

Reply by Anon on 7/27/05 8:01pm
Msg #55208

Re: Smells like a troll to me..../nm

You made an assumption! The signature page was sent to her. With respect to all who say initialing is not necessary, I have never found a lender or title company who did not, at the very least, require initials by the parties when changes are made.

As for your comment about "Low Life Broker Buddies," this is uncalled for from you. Yes, I did place the same description on the other notary board. I did not realize that causes a problem for you.

Sometimes SSs present their true-story situations to see what notaries think and how they behave. Then, some of us choose to contact those notaries who have a professional demeanor to work signings for us. Considering my minimum fee to a notary is $100.00, and I pay twice per month, I think I've earned more respect than what you have shown here. Then again, everyone is entitled to his own opinion.

Reply by Merry_CA on 7/27/05 11:24am
Msg #55057

Re: Smells like a troll to me..../nm

Right On Charles! I smelled it by the second sentence! :(

Reply by Anon on 7/27/05 8:11pm
Msg #55212

Re: Smells like a troll to me..../nm

See a doctor to check your sinuses. I did post the true story on both boards!

Reply by PAW_Fl on 7/27/05 8:24am
Msg #55003

Aren't you the same "Anon" who posted that ASC shorted you $25? If you are a signing agency yourself, why are you taking assignments from another agency? Are you taking these assignments from agencies and then doling them out to your own notaries?

And, if you are in FLorida, you should know that what you asked cannot be done. Notaries is FL are not allowed to "fix" a certificate. Was this a FL situation?

BTW, there is no word "doced" (which you used to both threads). The word is "docked".

Reply by Dorothy/MI on 7/27/05 9:38am
Msg #55012

Something is smelly in Denmark

I noticed the exact same misspelling in message 54963. Also same error was repeated in message 54964 and as well as dishonest misspelled which was again repeated in message 55008. I think Paul is correct or else he/she is a "one man" operation who is operating both as a signing service and taking assignment individually. No wonder he/she does not post the name of their company.

Reply by Anon on 7/27/05 8:39pm
Msg #55219

You make many assuptions here.

1. There are many "Anon" on these message boards. Please do not think that one Anon is the same as the other.

2. The notary was instructed to do this over, not correct an existing certificate, in accordance with Florida law. Please try to read the description of the situation more carefully to gain a thorough understanding before spouting what you believe is law, which by the way, if you are not an attorney, then you are, as they say in Florida, practicing the unauthorized practice of law.

3. I do have spelling errors once in a while, and sometimes they are typographical. Let's not be so childish as to correct spelling and grammar. Reading through these threads, there is much I can point out to help you learn. Let's use your comments, which are below.

For Example:

a) "If you are a signing agency yourself..." is redundant, grammatically incorrect, and a person can not be an inanimate object such as a signing agency. In seven words, you demonstrated three major errors.

b) "And, if you are in Florida..." The word /And/ is a coordinating conjunction and should not be used to begin a sentence.

c) Why are you using an appositive in your sentence? It is not necessary for that which you wrote.

d) "Notaries is FL are not allowed to "fix" a certificate. Was this a FL situation?" You used a verb in place of a preposition. Both are useful, but they are hardly interchangeable.

e) "BTW" is slang at best, and it is not a recognized or accepted abbreviation for "By the way," at least not in formal English.

f) The word "'fix"' is in quotation marks. Are you quoting a source or misusing the word "'fix"' for /correct/?

g) In your last sentence, the period needs to be inside the quotation.

I hope we do not trade this kind of behavior in the future. It is off the topic. While it may be entertaining, it accomplishes nothing.




Reply by PAW_Fl on 7/27/05 11:09pm
Msg #55259

>>> 1. There are many "Anon" on these message boards. Please do not think that one Anon is the same as the other. <<<

True. But how many of them have your IP address?

>>> 2. The notary was instructed to do this over, not correct an existing certificate, in accordance with Florida law. <<<

What you posted was "All the lender wanted was a completed filled out Jurat to attach to the document that contained the error. She was to fax it to a toll free number, and FedEx the original correction priority overnight, which she also failed to do." This is not doing it [the notarial act] over, but simply completing a notarial certificate which, by law in FL, one simply cannot do. The completion of the certificate is the final step in the notarial act. There's more required than just completing the certificate.

>>> 3. I do have spelling errors once in a while, and sometimes they are typographical. Let's not be so childish as to correct spelling and grammar. Reading through these threads, there is much I can point out to help you learn. <<<

Try using a spell checker. You'd be surprised at the spelling errors it catches. I too have a keyboard that can't spell and occasionally even uses the wrong words when writing. I try to avoid that, but this is not a literary forum, but a colloquial gathering of professionals. "One should write as one speaks to best be understood in the familiar." I don't remember who said that, but it certainly makes things easier for some people to understand when you write as you would talk to them.

Also, you have not answered my question about your "other" thread. (The use of quotations is for emphasis.) You posted that you have a situation with ASC about $25. I then asked, in so many words, are you a Signing Service, er.... let me rephrase that, are you the owner/operator/manager/chief-cook-and-bottle-washer of a Signing Service, which apparently is the case, a notary signing agent doing your own signings or a acting like a signing agent and doling out the signings to someone else?

Reply by Anon on 7/27/05 11:46pm
Msg #55273

Being versed in computers as well, I can state that it is not difficult for two or more users to have the same IP address. Choose an argument that has substance for a change!!!

Regarding the correction of language, that was your choice to try and make me look like the fool. I guess you did not care when your own words were used as points of reference. You should also check the rules of grammar regarding the use of quotation marks.

I may decide to use the spell check tool on a message board if you will agree to take language, notary education, and deportment courses.

Out of curiosity, why are you spending so much time attacking? Are you upset that I have never called on your sevice as a signing agent? I no more would hire you at this point than you would want to be hired by me. I love mutual agreements.

By the way, out of the numerous notaries with whom I have contracted, this was the only one to make an error. She almost made it a very costly error. I do get a little bothered when an account that supplies me with 250 signings a month warns me that it will pull its business if funding is ever held up again as a result of a notary who does not correctly perform her job.

I know, the account will go to another ss and the jobs will still be offered. The problem here is those same jobs may be offered at $50 - $75 per signing when I pay $100 - $150 per signing.

There are thousands of great notaries out there who want to earn this cash and do not cause problems. It is the attitudes like yours I don't care for, which is why I personally interview every notary I hire on the phone. Funny that out of all the notaries with whom I have worked, the only ones who ever act like you are a few notaries on these message boards whom I have never utilized, and given the lack of language background for writing, the lack of knowledge in all laws having to do with our business, it is notaries such as yourself with whom I do not want to work.

You are my entertainment for this evening, and I thank you for making me laugh.

Reply by kay / NV on 7/27/05 11:20am
Msg #55055

fishing for information

diffferent senerio but different post on GoMobiles posting board. I do not feel these incidents actually happened but a senerios that could happen.

Lets face it if you own a business, you make your business decisions. Why ask what others thinK?? It is ultimatly your call. You make the business decisions. Not us here. What's the contract? Was the service completed? Was it the contracted person's fault for errors? Were the errors out the (whoevers) control? Who do you feel is to blame? i(if anyone) etc,etc.





Reply by Anon on 7/27/05 8:49pm
Msg #55222

Re: fishing for information

Several ss representatives do this all the time, and everyone is helpful. This is te first and last time I will do this for multiple reasons:

1) Insinuation that this true situation is fabricated;

2) People who correct language should reread their own posts before attempting to correct others;

3) Many place the same verbage on both boards for whatever their reasons and go unattacked;

4) People who can't seem to stay focussed on the topic and what is asked.

It is a pity that when one asks for honest opinions, as other title agents and ss reps have done in the past that people are quick to attack. Apparently, there is no longer any use for me to monitor this board. I obviously can not find the type of quality notaries for which I am searching.

For those with the lousy attitudes, respond if you want, but I will not be back to read it. I would love to see your attitudes in action at signings.

Reply by Me on 7/29/05 4:26pm
Msg #55759

Re: fishing for information

You are really right , it is better to see this people in action for closings


 
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