Posted by Dennis Larson on 12/17/04 2:52pm
Msg #13937

Mandatory Background Check, You Pay !

Anyone else been notified of mandatory background check requirements by LSI. Seems to me that TRUSS tried this a year ago or so.

Reply by Dennis Larson on 12/17/04 3:17pm
Msg #13940

That was TUSS not truss, and it's Sarbanes-Oxley (2002). Relating to corporate accounting scandals!

Here is the message from LSI:
As you may be aware, the recent passing of the Sorbanes-Oxley legislation will have a changing effect on the way we all do business. All of LSI’s clients are becoming more and more dedicated to ensure the protection and security of both their everyday business as well as the security of their customers’ personal information.

One specific client, USAA Mortgage, starting January 1, 2005, will REQUIRE that any closing, completed on its behalf in their borrower’s home, be completed by a notary/closing agent who has satisfactorily been certified with a background investigation.

For this reason, LSI is asking for authorization to complete a background check on ALL of the notaries/closing agents currently doing work for your office and/or completing work for LSI. The background check will search criminal records and Division of Motor Vehicles only, not credit checks or bank checks. Attached to this notice is a certification authorization form that needs to be signed by every notary/closing agent who will complete work for LSI.

LSI will deduct the cost of the Background check from a future closing assignment – averaging $25 to $40 per background check. LSI will not be completing the background checks, they will be completed by a security company called A-check America. LSI will not get a completed copy of the background check, only a certificate indicating a background check was completed.

Please have each of the notaries/closing agents in your office complete, in full, the attached questionnaire, and return it to LSI at the fax number listed below. We understand that some states do a background check prior to licensing, however the client’s requirements are more strict than the state check, so we are asking for authorization to do a new check.

Reply by PAW Notary Services on 12/17/04 3:35pm
Msg #13944

I don't understand or see the connection between SOX and us. Further, I don't provide my SSN or DL to anyone except employers. (Please note the word "employers".) As a Notary Public in the State of Florida (and I'm sure in most other states too) you are a government official and must have a "clean" record. I believe that in California, the state actually performs a background (criminal) check before issuing the commission.

Think about this. If every lender wanted every agency to do a check on each NSA and the bill was passed on to you, do the math. (#of lenders) X (# of agencies) X $40 = a bunch of money.

Reply by mike/ca on 12/17/04 4:15pm
Msg #13946

california also requires a background check

Reply by BrendaTX on 12/17/04 8:04pm
Msg #13974

Just commenting...

It's kind of an oxymoron, but only "honest and respectable" criminals carry enough ID on them to tie them to a petty crime definitively, IMHO. I never did. ( )

A fingerprint taken from the signing agent, would be the best way to go...but probably cost prohibitive.

Reply by BarbaraL_CA on 12/18/04 12:25am
Msg #13993

Paul stated: "I believe that in California, the state actually performs a background (criminal) check before issuing the commission.

You're right, Paul. CA requires full fingerprints and a complete background check before issuing a commission. CA notaries ought to be exempt.

Reply by Dotti_CA on 12/18/04 12:44pm
Msg #14017

Paul, you're right. California requires scanned fingerprinting and background check before issuing a Notary commission.

Reply by Paul_IL on 12/18/04 12:20am
Msg #13991

Is this LSI in CA or LSI in PA ?

Reply by Art_MD on 12/18/04 2:04pm
Msg #14027

If were talking being exempt, In MD you have to post a $100,000 surety bond to obtain a Title Producer's License - which is required in order to do any closing where title insurance is produced. I think that would be sufficient to satisfy anyone.

Reply by Loretta Reed on 12/18/04 8:55pm
Msg #14068

Re: Mandatory Background Check, You Pay ! HEY ART....

What do you think Art? Are we going to roll with this or let them go.
It looks like to me that if we don't pay the fee, we don't get the work.
How many more title companies are going to come up with the request.
We will be paying $25-$40 for every company that wants us to do their signings.
Thanks for the reference, Art, I really appreciate it. Please email me your info, I turn down about 20 closings a month in Caroline, Talbot, and Dorchester Counties. I don't have to drive more than 35 miles anymore, I have so much work here.
Thanks again.
Loretta
[e-mail address]

Reply by Loretta Reed on 12/18/04 8:58pm
Msg #14069

Re: Mandatory Background Check...one more thing....

I wonder if we (Maryland) have the most requirements for doing closings than any other state in the US. I think (notice I said think) we have to fork out the most money every year to be "qualified".