I'm not an attorney, just a former paralegal, so take this for what it's worth.
The way this thing reads, it appears that this doesn't apply to notaries who are just conducting the signing and possibly picking up a check for the title company. The definition of "conducting a closing conference" is what Linda posted:
"(x) conducting a closing conference at which the documents are executed: (xh receiving and disbursing funds; (xii) completing form documents and instruments selected by and in accordance with instructions of the parties to the transaction; (xiiil handling or arranging for the recording of documents: (xivl sending recorded documents to the lender: (xv) sending the recorded deed and the title policy to the buyer; and (xvi) reporting federal income tax information for the real estate sale to the Internal Revenue Service."
First of all, picking up a check and delivering it to the title company is not "receiving funds" - if it were, then FedEx or UPS or USPS would be considered to be "receiving funds" because they handle the check on its way to the final destination. You, like they, are just a conduit.
Also, that last clause begins with "and", which is important. It usually means all of the above and not just some of it - so unless you're doing all of those things listed, you are not actually conducting the closing conference. You're not being hired by the title company to conduct the closing conference - you're just being used to facilitate one or two pieces of it, under the supervision of the title company - so this doesn't apply to you.
Again, this is not meant to be legal advice, it's just my interpretation of the law as written. I could be way off base, so it's best to get this clarified by either someone at the VA Dept of State or an attorney. |
| Messages in this Thread |
|  Virginia Notary Signing Agents - Urgent -  BrendaTx on 2/9/16 1:33am |
|  OMG, is VA under siege? n/m - Lee/AR on 2/9/16 6:40am |
| Link to blog post not working for me... n/m - Lee/AR on 2/9/16 6:46am |
|  Re: Link to blog post worked for me n/m - Linda_H/FL on 2/9/16 7:28am |
| This isn't new. XYZ likes to raise this issue. VA does - MW/VA on 2/9/16 8:21am |
| Absolutely, MW, not a new "issue." Tnx n/m - Christine/OK on 2/9/16 8:43am |
| Ignore the XYZ link (although it is pretty spot on) - Linda_H/FL on 2/9/16 8:45am |
|  Yes, Linda, it's controversial. It's "x" that could apply - MW/VA on 2/9/16 9:24am |
|  Re: Yes, Linda, it...just a quick note - Linda_H/FL on 2/9/16 9:55am |
|  I don't think we can assume that the webcam notaries are - MW/VA on 2/9/16 11:21am |
| Look at the requirements--you have to be appointed by a - MW/VA on 2/9/16 11:24am |
 | Re: Yes, Linda, it's controversial. It's "x" that could appl - MikeC/TX on 2/9/16 5:55pm |
| Mike, Exactly. We're on the same page. - BrendaTx on 2/9/16 6:13pm |
|  Re: Mike, Exactly. We - MikeC/TX on 2/9/16 6:41pm |
| I am not so sure - James Powell on 2/10/16 7:01am |
| Re: I am not so sure - MikeC/TX on 2/10/16 5:42pm |
| XYZ likes to create the need for their existence. n/m - jba/fl on 2/9/16 8:53am |
| Great! Good to know this isn't a problem. n/m - BrendaTx on 2/9/16 9:12am |
| Good to know this isn't a problem - NVLSlady/VA on 2/9/16 11:21am |
| Yes there is a problem see answer from SCC - CW2Ret/VA on 2/9/16 1:24pm |
| Re: Yes there is a problem see answer from SCC - FGX/NJ on 2/9/16 2:43pm |
| Re: Yes there is a problem see answer from SCC - CW2Ret/VA on 2/9/16 3:20pm |
| Re: Yes there is a problem see answer from SCC - JanetK_CA on 2/9/16 5:19pm |
| Yes. IMO they're trying to negate our role & push us out - MW/VA on 2/9/16 6:43pm |
| Just to add that I think it's one of those typical - MW/VA on 2/9/16 6:53pm |
| #witness only - NVLSlady/VA on 2/9/16 7:15pm |
| Re: #witness only - NVLSlady/VA on 2/9/16 7:20pm |
| Re: Virginia Notary Signing Agents - Urgent - NVLSlady/VA on 2/10/16 6:47am |
| Save your time and energy..the thing is - Linda_H/FL on 2/10/16 8:08am |
| Yes, it IS exhausting - NVLSlady/VA on 2/10/16 9:32am |
| Honestly? Someone needs to get them to look at the - Linda_H/FL on 2/10/16 9:37am |
| From Association of American Notaries today - Yoli/CA on 2/10/16 10:08am |
| VLTA's comments to Bill - anotaryinva on 2/10/16 10:54am |
| Re: VLTA....my question... - Linda_H/FL on 2/10/16 11:14am |
| Thanks for the link. Here's the exerpt that spells out - MW/VA on 2/10/16 11:16am |
| IMO the Commonwealth created this whole problem by not - MW/VA on 2/10/16 11:24am |
| always handed them sep envelope & label. - NVLSlady/VA on 2/10/16 12:05pm |
| From what I'm reading, you won't be able to ship it for - MW/VA on 2/10/16 12:15pm |
| Re: Thanks for the link. Here - vanot99 on 2/10/16 4:56pm |
| I left a comment opposing the proposed legislation & - MW/VA on 2/10/16 12:55pm |
| Re: Virginia Notary Signing Agents - Urgent - Joe Ewing on 2/10/16 4:29pm |
| Just an FYI about the Virginia rules' change... - BrendaTx on 2/11/16 7:14am |
| Re: Just an FYI about the Virginia rules - NVLSlady/VA on 2/11/16 11:35am |
| And when it is implemented across the board - NVLSlady/VA on 2/11/16 11:42am |
