Posted by Linda_H/FL on 9/14/06 12:58pm
Msg #146030

Background Screenings?

The NNA website has a red flag on it's home page for the NSA looks like this

ATTENTION: You must now comply with federal guidelines to continue handling loan signings. The deadline is December 1, 2006.

The article goes on to say that this company has "contracted" the NNA to conduct the screenings and if not done by 12/1/06 I can't do loan signings any longer. It THEN says (and here's the kicker) for $39.00 they can conduct the background check..MORE MONEY!!

Anyone else have to do this? Any input or opinions are appreciated.

Reply by Linda_H/FL on 9/14/06 1:02pm
Msg #146033

Re: Background Screenings?..to further clarify

I am just so over having to pay the NNA every time I sneeze..and the article does "the mortgage industry has begun to require background screening for all persons — including Notary Signing Agents — involved in the lending process who have access to borrowers' private financial information. The deadline set by several of the nation’s leading title services companies ..."

Sorry...just curious if there's anything I should be doing.

Reply by Charles_Ca on 9/14/06 1:09pm
Msg #146039

I'd really be interested in TitleGal's take on this..

I know some companies require background checks as part of their signup process but I think its just to screen out those who are singing up only to lose interest in a few months. I've done work for many of those companies witout any background checks. However there are some interesting things in the works. I know that the Department of Real Estate just got a slap on the knuckles from the the California Courts. This is just fact but recently a many who was accused of domestinc violence and convicted had his license revoked by the DRE. The courts held that the DRE was wrong in that the issue was not real estate related. This may send tremors throught the industry, I don't know. It may also get appealed. Its an on-going case.I knwo that supposedly my background has been checked for the notary comission, for my real estate license, for my P&L license etc, etc. I can't imagine the NNA doing a better job.

Reply by Linda_H/FL on 9/14/06 1:22pm
Msg #146043

Re: I'd really be interested in TitleGal's take on this..

Did YOU pay for those background checks? Or did the requesting party pay. That's what irking me - I've been commissioned through NNA for only 3 months - wouldn't you think they'd have known this and included it in their commissioning process??

I have no problem with a background check - I know it will be clear - but that article makes it sound like the screening is going to be mandatory on a federal level and that's what I'm questioning - along with who foots the bill - like I said I'm so over paying NNA for every little thing.

Sincerely - your whiner at her best!!

Reply by Teresa/FL on 9/14/06 1:48pm
Msg #146054

What do you mean you've been commissioned through the NNA

for only 3 months? A notary commission in Florida is for 4 years. Even if you applied for your commission through the NNA, I don't understand how they could do that.

Now if you meant that your NNA membership is only for 3 months because the NNA is requiring a background check before extending your membership further, that is another issue.

What's the deal?

Reply by Charles_Ca on 9/14/06 1:50pm
Msg #146056

The NNA doesn't commission anyone the State does n/m

Reply by Linda_H/FL on 9/14/06 1:51pm
Msg #146057

Re: What do you mean you've been commissioned through the NNA

I got my Florida Notary Commission processed through the NNA 3 months ago - it's good for 4 years..I've only been a Florida notary since June, 2006

What they're saying is by 12/1/06 we need to have background screenings done in order to continue to be loan signing agents - for $39.00..

Reply by MistarellaFL on 9/14/06 1:56pm
Msg #146060

Maybe in order to be listed on their NSA site/certification

NSA's aren't governed by any agency that I am aware of.

Reply by Linda_H/FL on 9/14/06 1:57pm
Msg #146061

Re: Maybe in order to be listed on their NSA site/certification

Their website states my certification is good through 7/08 - they'd best not yank me - not at least without a refund of what I've already paid this group.

Reply by MistarellaFL on 9/14/06 2:11pm
Msg #146066

Re: Maybe in order to be listed on their NSA site/certification

My thought is that they won't allow anyone to advetise on their website w/o that b/g check.
Have you spoke to them directly to confirm?
That's what I would do if I had any concerns with them.
I gave up on them and their tactics awhile back.

Reply by Laurie_PA on 9/14/06 2:18pm
Msg #146069

Re: FYI on background check price

I just checked PAN to see what they charge and it looks like its only $15 and its a 24 hour turn around time. Would this be helpful?

Reply by Linda_H/FL on 9/14/06 2:19pm
Msg #146070

Re: Maybe in order to be listed on their NSA site/certification

Think I'll just wait it out and see what happens - obviously if it becomes law I'll address that then- til then I'll just tend to it on a case by case basis. I'm not going to run out and get a check just to have a random SS/TC tell me "oh, we have to do our own anyway"..

Reply by Signing_Doc on 9/14/06 2:33pm
Msg #146076

http://www.epic.org/privacy/glba is the website i used to find out info re this bill aka GLBA. Granted, I just scanned the article, but I see nowhere in there that states that 'we' will be subject to a mandatory screening. Perhaps PAW or our other geniuses can interpret what it says. I think the NNA is just trying to get some cash in their pocket by providing a 'service' which may or may not be needed, depending on your state law or the companies you work with. Not lega advice, just my humble opinion. "Doc"

Reply by Linda_H/FL on 9/14/06 2:41pm
Msg #146078

Re: Background Screenings?...<long>

Not that I don't trust your opinion Doc, cuz I do, but for your reference here is some of what the NNA has posted:

I've been a Notary Signing Agent or an NNA Certified Notary Signing Agent for a long time. Do I still need a background screening?
Yes. All Notary Signing Agents will need to participate in background screenings, even those who have operated as Signing Agents for many years. It is a federal requirement that all persons, including Notary Signing Agents, with access to the private financial information that appears in loan documents undergo background screenings.

and

What if I choose not to be screened?
Federal guidelines require all persons with access to the private financial information that appears in loan documents to undergo background screenings, so if you opt not to have a background screening, participating mortgage and title services companies will not be able to use you to handle their loan document signings.

Reply by Linda_H/FL on 9/14/06 2:46pm
Msg #146082

Re: Background Screenings?...oh..and I should add..

Their background check is only good for 2 years.

Reply by PAW on 9/14/06 2:55pm
Msg #146084

Re: Background Screenings?...<long>

>>> All Notary Signing Agents will need to participate in background screenings, even those who have operated as Signing Agents for many years. It is a federal requirement that all persons, including Notary Signing Agents, with access to the private financial information that appears in loan documents undergo background screenings. <<<

What federal requirement is that? I'm not aware of any federally mandated regulation that requires all data handlers to undergo a background check. Can you please cite the statute or ruling or at least the federal information that states this.

I know this has been posted by the NNA, but I'm not a member of the NNA so I don't have access to them to ask them for the source of their information. Maybe you (or another NNA member) can ask for source and reference information.

I'm not staying that this may not be true, but it seems rather odd that 90 days prior to a deadline is the first that we're hearing of this alleged federal requirement.

Reply by Linda_H/FL on 9/14/06 3:04pm
Msg #146089

Re: Background Screenings?...you gonna love this

I e-mailed you the info from the NNA site - be warned it's long...enjoy!!

Reply by SueW/Tn on 9/14/06 3:09pm
Msg #146093

Paul, would you mind

sharing what you find out? I didn't renew my membership either but I'm very curious about what they're talking about. Thanks!

Reply by Linda_H/FL on 9/14/06 3:30pm
Msg #146099

Re: Paul, would you mind

Sue - if you want, email me and I can send you what I sent Paul

Reply by PAW on 9/14/06 3:32pm
Msg #146101

Re: Background Screenings?...you gonna love this

I read it. Thanks for the email. It does not indicate the source of their information. The do have a link to the FTC (www.ftc.gov/privacy/privacyinitiatives/glbact.html) which has lots of good information about GLBA implementation and enforcement including safeguards, but no where in any document that I've read does it even mention about background screenings, checks or investigations.

Granted, I only summarily read the email, so I may have missed another link or reference. I will read it in detail tonight when I get home.

Reply by Linda_H/FL on 9/14/06 4:00pm
Msg #146119

Re: Background Screenings?...you gonna love this

Thanks - we all await your expert opinion with baited breath..<G>

Reply by Charles_Ca on 9/14/06 3:58pm
Msg #146118

Linda, I don't know Floridas requirements but in CA we

all undergo background screenings: that's the application process so I would say we are all in compliance at least in California. I'm not going to worry how the NNA interprets laws, I'll worry about it when I get a letter from my SOS or some other governmental agency with jurisdiction over this process.

Reply by NCLisa on 9/14/06 4:21pm
Msg #146130

Re: Background Screenings?...<long>

I just came from a law firm and a paralegal services company that I do some consulting for, and closings for, as in HUD preparation, etc. They have not heard about anything like that. They have access to all that information for the many closings they do a day, they have not heard of it, and as far as they know, the NCBAR has not heard of it either.

Just another way for the NNA to make more money?

I've had one company request a background check in the last 2 years. They paid for it.

Reply by PAW on 9/14/06 2:46pm
Msg #146081

My understanding of the GLBA (which I learned as a risk manager for a major financial institution), address the handling of personal and "privacy" information. It doesn't address, as far as I know, how companies, including financial institutions, are to manage the handlers of that data.

Whether or not a business entity wishes to screen their data handlers, is up to the business. I am not aware of any federal laws or regulations (or even proposed bills) requiring non-government agencies to screen data handlers.

Reply by Charles_Ca on 9/14/06 3:55pm
Msg #146115

Re: Background Screenings? Hey Doc, I'm not surprised...

the NNA has been masters of obfuscation and self interest all along. I have not read the bill but I suspected as much and are 100% correct and there is no mandate. The NNA just saw an opportunity to twist the reality to conform to their income model. Thanks for this post and thanks for looking into it.

Reply by LCS_CA on 9/14/06 6:17pm
Msg #146180

I looked at this website, thank you for the link. My only concern is that it was last updated (according to the site) 1/21/05. I am curious if perhaps this case:

http://www.ftc.gov/os/caselist/0523117/0523117NationsTitleAnalysis.pdf

which apparently came to a head June, 2006, is what is prompting this new issue. I would like to know that it isn't just the NNA driving this.

This statement in particular, taken from the above site is what caught my eye:

quote:
Among other things, respondents failed to: (1) assess risks to the information they collected and stored both online and offline; (2) implement reasonable policies and procedures in key areas, such as employee screening and training and the collection, handling, and disposal of personal information; (3) implement simple, low-cost, and readily available defenses to common website attacks, or implement reasonable access controls, such as strong passwords, to prevent a hacker from gaining access to personal information stored on respondents’ computer network; (4) employ reasonable measures to detect and respond to unauthorized access to personal information or to conduct security investigations; and (5) provide reasonable oversight for the handling of personal information by service providers, such as third parties employed to process the information and assist in real estate closings.
End quote.

I will look forward to PAW's further comments on the subject.

Reply by BarbaraL_CA on 9/14/06 2:54pm
Msg #146083

Re: Background Screenings?... In California..

a person goes through an extensive background check before receiving their notary commission from the state. Why go through it again? Makes no sense.

Reply by PAW on 9/14/06 3:01pm
Msg #146086

Re: Background Screenings?... In California..

Many, if not most, states do not perform a background check on notary public applicants.

I also question the depth of the background check that a company can get for $15 a pop (or even $39 that the NNA seems to be charging the SA. I wonder how much of that $39 is pure profit for the NNA. I'm sure they are not performing the check at all, only acting as a central clearing house for the process.)

Reply by BarbaraL_CA on 9/14/06 3:08pm
Msg #146091

Re: Background Screenings?... Here is what is says...

The Federal Gov't is not asking for NSA's to get a background check performed, but the Mtg. industry is (and SOME title co's) are going to require NSA's to get a background check to be compliant with GLBA.
GLBA has been in effect for quite a few years now.

Here is what the NNA site says:

"The Gramm-Leach-Bliley Financial Services Modernization Act (GLBA) was enacted by Congress to protect consumers' sensitive private information. To comply with this law and the Interagency Guidelines that have been set, the mortgage industry has begun to require background screening for all persons — including Notary Signing Agents — involved in the lending process who have access to borrowers' private financial information.

The deadline set by several of the nation’s leading title services companies for Notary Signing Agents to complete their background screening is December 1, 2006. To ease the burden of having Notary Signing Agents undergo multiple background screenings — one for each lender — these companies have asked the National Notary Association to develop a single-source solution.

In response, the NNA has added GLBA-compliance training and background screening to its Certified Notary Signing Agent training program. This program makes it easy for you to become a Certified Notary Signing Agent in compliance with the new industry requirements and federal regulations."

Reply by thnotary_NY on 9/14/06 3:19pm
Msg #146097

Re: Background Screenings?... Here is what is says...

Look closely, that's only for the Certification program.

Reply by BarbaraL_CA on 9/14/06 3:22pm
Msg #146098

Re: Background Screenings?... Here is what is says...

Yep! a way to get more $

Reply by BarbaraL_CA on 9/14/06 3:32pm
Msg #146100

Then it continues to say...

If you log in with your NNA id and State, then you get the following:

"You are currently an NNA Certified Notary Signing Agent. All you need to do at this time is complete your background screening.

Through December 1, 2006, you can obtain your background screening for only $39 (you save 20% off the regular price of $49).

Background screenings will become available October 1st. Early registration is accepted.

A confirmation e-mail containing the link to the background screening Web page will be sent to you on October 1st. Once you submit the information required for your federally mandated background screening, processing generally takes about five business days. Your results will be sent to you via e-mail.

Your background screening will be valid through your certification term."

Reply by Linda_H/FL on 9/14/06 3:39pm
Msg #146102

Re: Then it continues to say...

Click on the Quick Facts on top - that gives more detail - and that's where it says ALL NSA's need to have the background check done and that it wll become a federal requirement (#3, #6 and #7).

Reply by PAW on 9/14/06 4:02pm
Msg #146120

Re: Then it continues to say...

In one of their "Related Articles", specifically "Certification Will Protect Consumers", it states:

[quote]
Signing Agents who complete this strengthened certification process will possess the most valuable and trusted credentials in the nation, and will be sought out to handle the transactions of these top firms. Certification is not required to be a Notary. However, since it's a requirement for handling loan signings for these participating firms, the certification is highly recommended to maintain your qualifications for handling loan signings and to take advantage of increasing professional opportunities.
[/quote]

If these companies are requiring that we become members of the NNA, and Signing Agent Section, and certified by them and them only, it smells like it may need to be looked at from an anti-trust perspective.

Reply by LCS_CA on 9/14/06 5:14pm
Msg #146153

Re: Then it continues to say...

Another realted article:

*quote*
An Official Message from the Title Industry
As a measure to protect private and sensitive information of consumers, the federal government will soon require that all persons involved in the lending process undergo background screening and compliance training. The requirement will affect every individual with access to borrowers' financial information and includes Notary Signing Agents as well as employees of lenders and title services firms. This mandate is spelled out in the Gramm-Leach Bliley Financial Services Modernization Act and applicable Interagency Guidelines.

In the months ahead, all Notaries who handle loan document signings will need to participate in background screenings and compliance training. In fact, many lenders are already placing this requirement on title and signing services in order to comply with the federal mandate. These lenders now require that all Notaries handling their loan signings have background screenings, and the title and signing companies have responded by implementing their own processes. This independent approach has created a downside for Notary Signing Agents: the difficulty of applying for, and submitting to, multiple screening — one for each company — in order to pursue their careers.

To ease this burden on Notaries of multiple background screening, several of the nation's leading title information services companies — First American Lenders Advantage, Fiserv, LandAmerica OneStop, LSI (a Fidelity National Title company), National Real Estate Information Services and Stewart Mortgage Information (a subsidiary of Stewart Title) — have agreed to employ a National Notary Association-developed solution. The NNA's strengthened NSA Certification Program eliminates the need for multiple background checks and provides a confidential, single-source screening system. Notaries may enroll with the NNA's program beginning October 1, through the Association's Web site, NationalNotary.org/NSACertification. Participating title services companies will require all Notaries they use to enroll with the NNA's program by December 1 of this year.
*end quote*

So it appears that NNA is providing this "service" at the behest of these companies... These articles are at the NNA website and are not part of the "members only" section.

A thought that occurs to me - if one was to get their own background check - would prospective customers (title companies, lenders, etc.) accept your copy of the whatever the document is that is the result of the background check, or would they view this as similar to school transcripts where they need to be sent sealed direct from the institution?

Although I don't believe these companies are requiring membership/certification through NNA, it looks as though they will accept the NNA's certification in lieu of running a separate check themselves. Please tell me there are other options! It would be nice to be able to present evidence of an *acceptable* background check that would be satisfactory, and to have *not* obtained it through the NNA.

Reply by LawrenceOK on 9/18/06 9:05am
Msg #146700

Re: Then it continues to say...

>>Participating title services companies will require all Notaries they use to enroll with the NNA's program by December 1 of this year.<<

I think this pretty much says it all. Smells like an Anti Trust issue to me.

Reply by DonR_NYC on 9/14/06 3:46pm
Msg #146112

Here is a question. As a large number of companies in the mortgage business outsource their work overseas, how do they expect to comply with this so-called "law" (and I use the term loosely since I have not found any mention of backgrounds checks being mandated by law). I checked with my two biggest clients (both operated by law firms) and neither ever heard of such a requirement.

Reply by Laura Upton on 9/14/06 4:15pm
Msg #146126

RE: The STATE POLICE Can do a Background check for you

In most states, the state police can do a background check for you; and if requested, you get to keep a copy of it. In NH its part of the commissioning fee ($50) to get a background check done; and its a REQUIREMENT to become a Notary in NH. If they NNA are going to do background checks; chances are they are subscribing to something similiar to DAC to do background checks in all the states; and added a 'small additional fee' to their costs.

I know from an insurance stand point, if you 'order' a certain amount every month, you get a discount. So, i think before i would pay the NNA 39.00; i would remind lenders that in order to be a Notary, I have had a background check; and ask them are they willing to pay the additional fee for another one!

Reply by JanetK_CA on 9/14/06 8:43pm
Msg #146217

Good point!

After all, we KNOW the NNA isn't doing this because they are so concerned or out of the goodness of their hearts. It's another good way to try to manipulate SAs into renewing their practically meaningless certification and to try to keep their hand in our pockets. My guess is that the kind of background check they are paying for isn't very comprehensive. (I think there has been some interesting info posted here over the years about different kinds of background checks. It might be interesting to find out more about just how comprehensive their checks are.) Too back the title industry doesn't get that most of us have lost respect for the NNA and that it no longer represents most of us. I wish I could say otherwise...

Reply by Sherri_IN on 9/14/06 8:25pm
Msg #146212

Here is what I found on the ALTA site

Here is a link to the ALTA (American Land Title Association) article

https://www.alta.org/indynews/news.cfm?newsID=4162

Here is also the statue

The impetus for the new screening and training program is the federal Gramm-Leach-Bliley Financial Services Modernization Act (15 U.S.C. §§ 6801-6809), which was enacted to protect American consumers' sensitive personal data from misuse in identity crimes and other scams.

Reply by PAW on 9/14/06 9:21pm
Msg #146224

Re: Here is what I found on the ALTA site

Did you notice that the article was written by the NNA! ALTA only posted the NNA's "release of information".

If you read the GLB Act, there is no mention of doing background checks or screenings. Not even in the ancillary reports and documentation which can all be found on the FTC's website.

Reply by BrendaTx on 9/14/06 9:49pm
Msg #146226

Re: Background Screenings? DonR - Love your thought. n/m

Reply by BrendaTx on 9/14/06 9:47pm
Msg #146225

The NNA makes me want to spit up. It grieves me that they set them up so that new notaries find them on the web and make themselves appear as some kind of authority on things when in reality they sell memberships, they sell stuff, they hook you up with forms to get your commission and nothing more. They kind of work on legislative issues...IF AND ONLY IF it will benefit them to do so.

They remind me of those official-looking notices which are sent out to the elderly telling them that The Housing Federation of National <Scammer's Name> of America is going to help them get a grant to fix up their homes.

Toooey. Tooooey.

Reply by Linda_H/FL on 9/14/06 10:20pm
Msg #146230

Re: Background Screenings? and your opinion

or interpretation of the issue at hand?...