Intro: March 2013, I was approved to work with Orange Coast Title. My notary commission renewed January 2014. Even though I only worked 3 times in 2013 with OCT, March 2014, I realized that not only were they not calling me, they were also ignoring my emails. Figured it was due to my not having forwarded them my new credentials (commission, notary bond, e&o, W-9 and bgc). So, I did. This is where this saga begins:
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From: Yolanda Adams [mailto: ]
Sent: Tuesday, March 25, 2014 3:04 PM
To: Chris Clark - Orange Coast Title Company
Subject: RE: Notary Approval
Importance: High
Hi Chris!
You assisted me last year in getting approved for working with Orange Coast Title, and, I'm very appreciative for all your assistance.
I haven't received any calls from Orange Coast for a few months. I've only worked with Martha Dominguez and Angela Ballard in your Modesto, CA office. This got me to thinking that maybe I'm not getting any calls from OCT because I haven't sent you my new (effective Jan. 13, 2014) credentials. Attached please find copy of:
1. Notary Commission
2. E&O Bond
3. Notary Bond
4. W-9
5. NNA background check and certification certificate
Should there be anything else you require, please advise.
Thanks!
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Subject: Notary Approval - Yolanda Adams
Date: Wed, 26 Mar 2014 07:27:14 -0700
From: krisd@octitle.com
To: yadams24-7@hotmail.com
CC: krisd@octitle.com; chrisc@octitle.com
Good Morning Yolanda
I received your update items, but there have been many changes as new vendor regulations have affected the notary signing industry. You were automatically removed from our Notary Data Base as you notary expired and you did not provide us with your updated information.
Please see the attached Vendor Letter dated 3/26/2014 that explains the new requirements. If you wish to be an approved signer you will need to complete the List of Requirements and have an in-person interview to verify your package is complete prior to approval. In this in-person interview you are required to allow the Escrow employee to see your Notary Journal to assure that you fully complete the required information and they will need to also review your Notary Seal for validity. The Escrow employee will complete the Notary Interview form. If all is in order the Escrow employee will scan the completed Vendor package and Notary Interview form for my review and approval.
Thank you
Kristen
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From: Yolanda Adams [mailto:yadams24-7@hotmail.com]
Sent: Thursday, March 27, 2014 12:01 PM
To: Kristen Dalen - Orange Coast Title Company
Cc: Chris Clark - Orange Coast Title Company
Subject: RE: Notary Approval - Yolanda Adams
Importance: High
Hi Kristen!
First of all, thank you for taking the time to respond to my query.
As you can see by the documentation I previously submitted, everything you require is in order - except for the $100,000 Crime and Fidelity coverage. Upon receipt of your email yesterday, I contacted several insurance brokers and finally found one familiar with the C&F. I'm currently waiting for a quote. Please explain your requirement for this C&F. My understanding is that that coverage is primarily utilized for employees. I'm an independent contractor.
I will gladly agree to an in-person interview and submit the required documents. I do, however, have a problem with allowing anyone to inspect my journal. Pursuant to California Notary Law, specifically Government Code 8206(d), your requirement to "see" my journal for completeness, as stated, is prohibited. I cannot allow a random inspection of my journal. However, if you can provide me a written request for a copy of a specific line item, I'd happily comply.
Thanks!
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Subject: Notary Approval - Yolanda Adams
Date: Thu, 27 Mar 2014 12:10:38 -0700
From: krisd@octitle.com
To: yadams24-7@hotmail.com
CC: chrisc@octitle.com; krisd@octitle.com; almar@octitle.com
Yolanda
Regarding the Crime and Fidelity Insurance for Individuals & DBA, there is going to be a grace period for this coverage. We will contact you when there is more information and who has it available.
Regarding the in-person interview, if you wish to be on our approved signing data base we must make sure that you follow the required completion of the Notary Journal. I have had to refuse several signers from our data base as they had not completed many of their sections in the journal as they did not want to impose on their client and make them uncomfortable with giving personal information. We also need to inspect your notary seal to make sure of its validity and condition.
I can understand your concern, if you do not want to be on our approved list and be a signing agent for our company we fully understand. But this is a requirement.
Thank you
Kristen
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From: Yolanda Adams [mailto:yadams24-7@hotmail.com]
Sent: Friday, March 28, 2014 8:55 AM
To: Kristen Dalen - Orange Coast Title Company
Cc: Chris Clark - Orange Coast Title Company; Alma Rushing - Orange Coast Title Company
Subject: RE: Notary Approval - Yolanda Adams
I very much enjoy working with OCT, and that is why I am pursuing this negotiation.
It appears our only point of contention, at this time, is OCT's inspection of my notary journal. I reiterate I am governed by California Secretary of State. California Government Code Section 8206 designates procedure which permits inspection. Government Code Section 8228.1 makes it a misdemeanor if a notary fails to properly maintain their notary journal. Gramm-Leach-Bliley Act protects the borrowers' non-public information (NPPI). My notary journal contains each signer's NPPI as stated on their valid government-issued photo ID. Orange Coast Title's Confidentiality Agreement embraces the GLBA. If I were to comply with your "requirement" to allow OCT to inspect my notary journal, I would break the law, risk losing my commission, breach GLBA and OCT's Confidentiality policy. May I direct your attention to Government Code Section 8225, which states:
"§ 8225. Improper notarial acts, solicitation, coercion or influence of performance; misdemeanor
(a) Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code,
or any other provision of law, prosecution for a violation of this offense shall be commenced
within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any
other relief or remedy provided by law."
You may want to consult with OCT counsel regarding the legality of your "requirement" of notary journal inspection.
What I am willing to do, Kristen, is submit a sample journal entry for your perusal. I can copy a blank page from my journal and complete a line item with fictitious data. Would this work for your purposes of assuring I complete my journal pursuant to California Government Code?
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Subject: Notary Approval - Yolanda Adams
Date: Fri, 28 Mar 2014 14:21:00 -0700
From: krisd@octitle.com
To: yadams24-7@hotmail.com
CC: chrisc@octitle.com; almar@octitle.com; krisd@octitle.com
Yolanda
Thank you for your interest in joining our Orange Coast Title Company Notary Data Base, unfortunately we are not are able to use your services as an approved signer for our companies.
Thank you
Kristen
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From: yadams24-7@hotmail.com
To: krisd@octitle.com
CC: chrisc@octitle.com; almar@octitle.com
Subject: RE: Notary Approval - Yolanda Adams
Date: Mon, 31 Mar 2014 06:12:29 -0700
Thank you for your time.
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From: Yolanda Adams [mailto:yadams24-7@hotmail.com]
Sent: Monday, March 31, 2014 6:37 AM
To: Notaries@sos.ca.gov
Subject: FW: Notary Approval - Yolanda Adams
I am forwarding you this thread of emails between Orange Coast Title (OCT) and myself to report an incidence of a company possibly violating Government Code 8225. I say "possibly" because the investigation and determination is up to the Secretary of State's office.
A little background: I was approved for notary database for OCT in 2013. When I refused to allow them to inspect my notary journal and seal then, I was asked to submit a letter stating I was in possession and control of both my journal and seal and used as prescribed by law (copy attached). I forgot to send OCT copies of my new credentials when my commission expired January 2014. Finally submitted required documentation March 2014. Following are the communications that ensued. The bottom (first) 2 are from last year, when I was approved by them.
If a company doesn't want to use my services, that's fine. However, don't base that on my refusal to break the law and risk losing my commission.
Should you require anything further, please advise. I would also appreciate being kept informed on the progress and outcome.
Respectfully submitted,
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From: Notaries@sos.ca.gov
4/03/14
To: yadams24-7@hotmail.com
Dear Ms. Adams:
Thank you for contacting our office regarding the duties of a California notary public.
Pursuant to California Government Code section 8206, the notary public journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary.
It is the Secretary of State's responsibility to appoint and commission notaries public and to enforce the provisions of the California Government Code as it relates to notaries public. Unfortunately, our office does not oversee the business practices of title companies and loan signing companies.
Sincerely,
Notary Public & Special Filings Section
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From: Yolanda Adams
4/11/2014
To: Notaries@sos.ca.gov, secretary.bowen@sos.ca.gov, Susan.Lee@doj.ca.gov
Dear Notaries Section:
I understand CGC Section 8206 and that was my basis for refusing to comply with OCT's requirement to inspect my notary journal.
But, let me get this straight. If someone/anyone requests or requires (aka coerces) a notary public to break the law, the SoS's office is not interested nor intends to pursue pressing charges with the appropriate authorities nor does the SoS's office refer that notary public to the appropriate authority with jurisdiction over such matter. Is this correct?
Said coercion in writing via e-mail thread was forwarded to the SoS's office, notaries section, and is still a part of this communication. In this particular case, a California corporation used the internet to perpetuate this alleged criminal act. Is this then a federal issue? Please advise which agency, if any, has jurisdiction in this matter.
Thanks!
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Note: For OCT approval in 2013, I also raised this same objection and was able to circumvent their requirement of inspection of my journal by sending them the following letter:
March 13, 2013
Chris Clark
ORANGE COAST TITLE COMPANY
555 University Avenue, Suite 180
Sacramento, California 95825
Dear Chris:
Please accept this letter as confirmation that I am in possession of and in sole control of my notary public seal, issued pursuant to State of California requirements, and my notary journal, which is used and completed as prescribed by notary law of the State of California.
Sincerely,
YOLANDA ADAMS CONSULTING
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As stated above, I only worked with OCT 3 times in 2013 ($650), so it's not a matter of sour grapes that they no longer wish to use my notary services. What definitely bothers me is the fact that this TC is REQUIRING notaries public to break the law if they want to be on the approved list and work with them ... AND ... they're getting away with it! It's like saying to the notary, "break the law, risk losing your commission, risk a fine or you won't work with us." If you'll note, first SoS email was only sent to Notaries Section. The last email was sent as a response to SoS, Notaries Section. But, it was also sent to CA Secretary of State Debra Bowen and CA Attorney General's office for their administrative and legal opinion and, if merited, investigation.
Okay, notary family, now that I've exposed what's going on in my little world, what's your opinion? By the way, I did run this by 2 well-respected members of this forum (one on each coast).
Thanks!
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