Posted by jwpa on 7/12/04 6:15pm
Msg #4288

"non-compete" agreement

Iam registering with Statewidedocuments.com and they require a non-compete agree. What if some Co's they do business with are on the "Company lists" that I am going to be registering with in the future?
Does this mean that I can't do signings directly for these Co's. How am I suppose to know all of the Co's that Statewide deals with? Thanks for responses, Jim

Reply by Sylvia_FL on 7/12/04 6:38pm
Msg #4289

As independant contractors we can work with whoever we want. I doubt any of those non-compete agreements would ever be enforced.

I think the main purpose of them is that if the signing service sends you to XYZ title company, then they don't want you contacting them as a result of the signing you had with them.

Reply by Irma on 7/13/04 10:57am
Msg #4319

I was concerned about that also. But, I feel that what it means is,that we shouldn't when they send us out ask these companies for work.
If they approach us, it's a different matter.

Reply by Sylvia_FL on 7/13/04 12:20pm
Msg #4326

Exactly Irma
If a title company approaches you, then "go for it".

Reply by Negretes Notary Service on 7/13/04 12:44pm
Msg #4328

Good Monring From Negrete's Notary Service

I agree with some of what you say Sylvia but not all of it.

I have never asked a notary to sign a non-compete contract with my company, however in on instance I did because the notary wanted me too.

I think think that if a SS sends you on a closing and you put a Businness card in the return package then the SS service will most likely not use you again. If you solicite that Title or mortgage or Lender there again the SS will find out and you will most likely not get anymore work from them either.

So that being said, I won't work with people that solicite my costumers. And most of my costumers will tell me if they are solicited by notaries.


Anthony J Negrete
Negrete's Notary Service.

Reply by Sylvia_FL on 7/13/04 1:23pm
Msg #4330

Hi Anthony
I believe I said not to solicit the title company if sent out by a SS (that is not ethical), but if the tite company were to contact the notary direct, that is a different matter.

I have had title companies call me that I have worked with through more than one signing service. They have found me in various ways - they have my contact info from having to e-mail me the junk docs etc, or have had to call me when I have been doing their signing.

Reply by HisHughness on 7/13/04 1:25pm
Msg #4331

For each closing I do, I do a report letter to the title company, in which I outline any problems and the resolution of them, if they were indeed resolved. In that report letter, I request that the title company ask for Signing Agents of Austin as the signing agent of first choice on any future closings in my area. I also fax a closing confirmation to the SS, along with any confirmation/invoice the SS requests, and >>a copy of my report letter to the title company.<<

To date, I have had only one SS object to the report letter to the title company. That SS was e-mobilenotary, lately of notaryrotary forum fame (remember that roasting?). E-mobile had not received a copy of the report letter because e-mobile did not provide a fax number, and since my stationery was created in PageMaker, I couldn't e-mail it to them. Every other SS has apparently recognized that I am trying to provide the title company with the maximum information about its transaction.

The letter does not solicit the title company; it asks that the SS go to me first for one of their closings in my area. I also sweeten the pot a little by enclosing a logo pen, fridge magnet, or Swiss army knife keychain, or maybe all three.

Reply by BrendaTX on 7/13/04 7:23pm
Msg #4356

Free Cute PDF -Make PageMaker, Any Docs into a *.PDF

Hugh,

Here is a way to make any document you create in Pagemaker or any other program into a PDF that you can email--if you can print it, you can make a PDF.

It's Cute PDF (link is below to free program).

I use it all the time, having been given this link by my son who realized I needed that capability awhile back before I got a full copy of Adobe Acrobat. It takes less of the computer resources to use Cute, rather than fire up Adobe Acrobat, so it's a pretty cool little tool to use no matter if you have Acrobat or not.

Once you install it, all you have to do it "print it" and select Cute PDF as the printer. Then it lets you choose a place to save it to you can attach it and email it.

http://www.acrosoftware.com/products/cutepdf/writer.asp

Regards, Brenda

Reply by HisHughness on 7/13/04 7:58pm
Msg #4357

Re: Free Cute PDF -Make PageMaker, Any Docs into a *.PDF

Thanks. That conversion tool for PageMaker should prove quite valuable.

On an earlier topic: Just copy the signing company with the letter each time. That way, they can't legitimately complain that you're trying to do something underhanded.

Reply by BrendaTX on 7/13/04 11:40pm
Msg #4365

Re: Free Cute PDF -Make PageMaker, Any Docs into a *.PDF

Absolutely. Live and learn, thanks. Brenda

Reply by CA_Notary on 7/14/04 12:35pm
Msg #4393

I'm confused Hugh.

"The letter does not solicit the title company; it asks that the SS go to me first for one of their closings in my area"

I'm failing to get the distinction of how this isn't solicitation. Clarify please?

Reply by HisHughness on 7/14/04 12:47pm
Msg #4396

Sorry for the ambiguity. I guess I thought that in the context of the thread it would be plainer than it was. The letter does not solicit the title company to call me direct; it asks the title company to ask for me when it is scheduling a closing through an SS.

I don't use information garnered through an SS to seek business from a title company. If they are in my local phone book, I use that information. And one forum participant noted here a while back that she figures she can solicit any title company that she finds listed on such forums as notaryrotary, irrespective of whether she has gotten work from them through an SS. That seems like a legitimate approach also.

Reply by Sylvia_FL on 7/14/04 5:00pm
Msg #4409

My learned colleague (I have always wanted to say that - watching too much TV!) wrote:


"And one forum participant noted here a while back that she figures she can solicit any title company that she finds listed on such forums as notaryrotary, irrespective of whether she has gotten work from them through an SS. That seems like a legitimate approach also."

Yes, I believe that was me. Many signing agents pay membership to organizations such as the NNA and The Signing Registry. Their membership fee gives them access to a company database, and it is a benefit of a paid membership to contact those companies for work.

And let's face it, you may have done work for ABC title company through RST signing service as well as XYZ signing service and who knows how many others. So, if ABC title company calls you, who's non-compete agreement would you be accused of breaking. Can all the signing companies sue you??

It would be unethical to contact the title company if the only contact you had with them was through a signing service, but if you are just using your benefits of a paid membership in an organization then I do not see a problem.

I also, as most of you know, have a signing service, and I do not require the SA's I use sign a non-compete contract - or any contract. They are independant contractors and free to work with who they want. I have to say though, that all my SA's are loyal to me. (I treat them right - being on both ends, I know how I like to be treated, and that is how I operate)

Reply by Lindy on 7/13/04 2:53pm
Msg #4335

I don't make a habit of putting my business card in the return package but I have on a couple of occasions and it had nothing to do with soliciting business from the title company. I wasn't thinking in those terms when I did it. I did it because I wanted the title company to contact me about that specific closing issues if there was a problem with the way it was handled. Does that count as soliciting?

Reply by Christie Costello on 7/13/04 6:15pm
Msg #4347

I have always put my business cards in doc packages, never thinking of it as solicitation. I simply wanted them to know they can call me if they have any questions about my work. I thought I was being courteous and professional by doing so. Should I stop doing this?

Reply by BrendaTX on 7/13/04 7:08pm
Msg #4355

Here is a recent experience that I had which could have been regretful if I had not been given an opportunity to make a response.

A company I have worked for a few times brought it to my attention that they were told I attempted to solicit their client, a lender. I did not do that.

What I did do, however, was to put a letter in the returned packages as I do where I think it might do some good in building my business to establish a long term relationship with a signing agency I like.

Quoted verbatim except for names and company name:

"If you are pleased with my work, please let Mr. Signing Scheduler at 'XYZ Signing Agency' know." Clearly, my intent was not to solicit, but to enhance my viability as a notary signing agent to the company I was hired by.

This company pays me well enough that I am happy with getting the fees that I do--and, it is a small signing company with which I have an ACTUAL contact, and not just a fax machine number. I'd rather have a lot of those coming to me with appointments, in comparison with work coming from the larger places which have no real interaction between the notary and the agency so that I cannot learn from any commentary that might be noted as a result of my work.

Fortunately, I was contacted again by this business to do a signing and this became part of our discussion. It's unlikely that the notary will be contacted again when this situation arises in many cases.

So, for new agents, it is something to consider in the big scheme of things.

Regards, Brenda