Posted by BarbaraL_CA on 9/28/06 12:00pm
Msg #149064

More NNA response to all this BG stuff...

My email to the NNA: "If am contracted by a Signing Service to perform a loan signing then the Signing Service would be considered the service provider (while I remain an independent contractor, contracted by the signing service). So...I would think it would be mandatory for Signing Services to undergo the same scrutiny."
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Their response: "Any outside person, be it independent contactor such as a Notary Signing Agent would be an independent service provider. A Notary who has been hired as an employee, (filled out an application, was interviewed, receives a paycheck, etc) all have undergone much more intensive background screenings than what the federal regulations are asking for here. You are the independent service provider because you are not on the payroll of the title company. You are paid by the hiring agency, but in a similar fashion as if they paid someone for catering a lunch, cleaning the carpets or as a special speaker at a conference. You are not an employee. Further regardless of how many companies are involved between the initial loan and the actual Notary Signing Agent, the Notary Signing Agent, and any company or individual in between are all independent service providers and will have to be properly trained and background screened."

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So... in my opinion, it looks like Signing Services will have to go thru this too

Reply by SarahBeth_CA on 9/28/06 12:15pm
Msg #149065

Barbara

Have you asked them about states who already have the requirement of BGC to earn their commisions. Are they going to be allowed on the same tier as those who have the NNA do the BGC.

Reply by BarbaraL_CA on 9/28/06 2:23pm
Msg #149098

Answer re DOJ BG checks already done for commission...

My email to NNA: " Notaries in California (and some other
states) had to go thru a complete DOJ background check in order to receive their commission. Because of this, a background check shouldn't be a mandatory requirement for those people. Is this being taken into consideration? How does the NNA propose to deal with it? "
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NNA Response: "That is what we originally thought, however California only does a state and federal felony check. This new requirement is much more detailed including county, DMV and the FBI terrorist watch list."

Reply by Charles_Ca on 9/28/06 12:30pm
Msg #149067

Interesting conversation with the NNA but they still

are treating it like it is a requirement and NNA is the provider. I agree that the SS should be certified, licensed, have thier background checked and shuold at least meet the same requirements as the notary plus some of the requimrents of an escrow service. The one thing that bothers me is that I see everuone running around like this is something that everyone is going to require and no one is questioning whether we in California already meet the requirements of a background check. Perhaps all we really need is a procedure for handling the docuements and I cold write one up for all of you in about an hour and have it bullet proof (i used to write independant procedures for Federal mandates in my former life as an engineer). I still firmly believe that a notary commissioned in California meets all the Federal mandates and then some. There may be concerns in other states. If you read the fine print you will see that the NNA is quoting the title companies as saying that they"...have agreed to employ a National Notary Association-developed solution" By saying that they have agreed to employ a solution developed by the NNA they are not saying that they are going to rely on the NNA to apply that solution exclusively. They can't now there wold be a violation of RESPA, RICRA and several anti-trust laws. I'm waiting until the dust settles and then we will have a standpoint from whidh to start. Teh NNA is trying to creat a panic and drive people to get certified by them, it's not going to play out that way ultimately. Harry has a program that will also comply and so can you!

Reply by Ndwa on 9/28/06 1:14pm
Msg #149084

Ditto Charles

If just read the article for the first time and noticed the companies listed there are FASS, Fiserv(Bancserv?), LandAm1SS, IREP. With the exception of IREP where I can make a decent $75 for a 1/2 hour at HFC, the others are low payers.

My assumption is those who got their panic button pushed are the heavy takers of the above companies. I thought everyone knew by now of the money sucking motive the NNA have for this industry. The only requirement I know of (from my clients) is having a system and the ability to safeguard confidential informations. The state already determined who I am before issuing my notary commission.

Reply by Teddog/CO on 9/28/06 2:23pm
Msg #149099

Charles and Ndwa - Ditto

That was exactly the point I was trying to make. Sooo ditto-ditto to you both. Can you imagine $50 bucks a pop to everyone you will ever work for. Rough calculations - our base fee would be about $260. lol

Reply by Charles_Ca on 9/28/06 3:14pm
Msg #149108

Re: Charles and Ndwa - Ditto - Hi Ya Teddy! n/m

Reply by Charles_Ca on 9/28/06 3:34pm
Msg #149112

I just submitted a request to the Ca Attorney General for a

determination on the NNA position. I will post it as son as I hear back.

Reply by SharonMN on 9/28/06 4:31pm
Msg #149120

Has anyone actually been told by a title co to do this?

Has anyone actually been told by a title co that they have to sign up for the NNA program in order to do signings for that company?

Reply by Lee/AR on 9/28/06 5:19pm
Msg #149129

Nope & I've had calls from 2 of the 6 co's mentioned by NNA

since this Notary Nonsense A..hhhh.... 'stuff' started. Not a word said about a background check.

Reply by BarbaraL_CA on 9/28/06 5:19pm
Msg #149128

Way to go Charles! Look forward to feedback - n/m

Reply by Charles_Ca on 9/28/06 8:17pm
Msg #149149

Re: Way to go Charles! Look forward to feedback -

Since the DOJ does our background checks I wanted to know what they check for. I think that the NNA is just trying to make it look like they are the only game in town and that is why they are pushing so hard.