Posted by Traci/MD on 6/18/08 11:59am Msg #251810
Maryland ...
The MIA has been busy for the past two months. They have been auditing several title companies. I have had to send a copy of License & Insurance.. Check out this… http://www.mdinsurance.state.md.us/sa/jsp/availPubInfo/Orders.jsp?divisionName=Orders%5EProducer+Enforcement+%28Agents+and+Brokers%29%5E2008+Orders&pageName=/sa/jsp/availPubInfo/Orders.jsp
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Reply by MistarellaFL on 6/18/08 12:09pm Msg #251813
Well, that is something I'll bet you compliant notaries with TPL are glad to see. At least it's a start!
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Reply by WDMD on 6/18/08 12:24pm Msg #251816
Traci, which of the enforcement orders are for not hiring title producers? All the orders listed have to do with things like escrow funds or not remitting premiums. I hope you are right that they are making title companies prove they are using title producers.
I have had to produce proof of my license twice last year because the title companies were being sued by the borrowers. I think what was really going on was the lenders were being sued and the borrowers were dragging the title companies into it also. Anyway, once I provided proof I never heard anymore about it.
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Reply by Traci/MD on 6/18/08 12:32pm Msg #251819
They have all been given warning the first time.
Not sure what happen to the notary.
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Reply by WDMD on 6/18/08 12:37pm Msg #251826
Re: They have all been given warning the first time.
Who was given a warning? The companies you linked on the enforcement page? Heck if they went after the "big" national lowball title companies the majority of their closings are not done by title producers. Easy pickings there if they made them prove the notaries they use are licensed.
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Reply by Yowheelz on 6/18/08 3:22pm Msg #251861
Re: They have all been given warning the first time.
I know there are still notaries without TPL that are doing closings in MD. As a matter of fact one called me a couple month ago to cover for her on a signing that she took but couldn't do. She had no idea she needed a tpl. The problem is that Notary Commissions fall under Sect of State and TPl falls under MD Ins. Commission and apparently they do not communicate. Every notary should have been notified when the law took effect but none were. Only those of us who belong to trade organizations or read posts on sites like NR are up to date on this information.
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Reply by WDMD on 6/18/08 3:28pm Msg #251864
Re: They have all been given warning the first time.
"Every notary should have been notified when the law took effect but none were."
The law has been in effect for several years now. All any notary has to do is read their handbook to know that notaries generally cannot perform duties at a real estate closings or settlements. It's stated right there in the section titled "How To Act As A Notary Public" on page 6.
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Reply by Yowheelz on 6/18/08 3:35pm Msg #251867
Re: They have all been given warning the first time.
If you got a handbook. I had to specifically ask for one when I renewed my commission and then they only had an old edition, it has nothing in it about TPL. I still think every notary in MD should have gotten a letter. Remember you only renew every 4 years so you could easily fall between the time the law took effect and the time you renewed.
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Reply by WDMD on 6/18/08 3:46pm Msg #251869
Re: They have all been given warning the first time.
"If you got a handbook. I had to specifically ask for one when I renewed my commission and then they only had an old edition, it has nothing in it about TPL. I still think every notary in MD should have gotten a letter. Remember you only renew every 4 years so you could easily fall between the time the law took effect and the time you renewed."
Still not an excuse. The handbook is available online for anyone who wants to read it. The law requiring title producers was part of the 1995 Reform of Insurance Law. The Attorney General of Maryland issued an opinion in October 2000 clarifying the states position on the law. At that time (2000) it was included in the notary handbook which was available online or at the county clerks office. I remember in my edition of the handbook in 2000 there was an insert with the exact wording that now appears on page 6 of the handbook.
From 2000 to now has been 2 four year cycles. No notary should not be aware of the law.
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Reply by Yowheelz on 6/18/08 3:56pm Msg #251872
Re: They have all been given warning the first time.
I'm not disagreeing with you. You know the law, I know the law and so do the rest of the professional notaries. I'm just saying that ther are still some uninformed notaries that get all excited when Nations Direct calls them to do a $40 signing. What't that 2000% more than a single notary in MD. I hope the Ins. Commission starts to crack down on them. It opens the field for those of us who try to make a living at this. I understand that come October we will be able to charge $4 for a notary!
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Reply by WDMD on 6/18/08 4:11pm Msg #251878
Re: They have all been given warning the first time.
"I understand that come October we will be able to charge $4 for a notary!"
Really? Where did you hear that? The only thing I am aware of concerning notary fees was a bill introduced (SB 4) that would have raised the fee from $2 to $3. Unfortunately that bill did not pass.
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Reply by Yowheelz on 6/18/08 4:16pm Msg #251883
Re: They have all been given warning the first time.
Got the information from instructor at a CE class last week. I never really believe these things until they happen though. Same instructor told us last year that it was ok to start charging $3 I didn't and the law didn't pass. I won't take the chance until I know the law is official. I just keep my fingers crossed!
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Reply by WDMD on 6/18/08 4:38pm Msg #251891
Re: They have all been given warning the first time.
"Got the information from instructor at a CE class last week. I never really believe these things until they happen though. Same instructor told us last year that it was ok to start charging $3 I didn't and the law didn't pass. I won't take the chance until I know the law is official. I just keep my fingers crossed!"
I looked at all the new bills the governor signed and did not see any regarding fee increases. I don't think I would believe that instructor, especially if you were given inaccurate info before by the same one.
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Reply by Yowheelz on 6/19/08 6:58am Msg #251981
Re: They have all been given warning the first time.
I am going to contact the instructor today and see where she got the information and what she knows and will get back to you on this post
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