Posted by Estelle---MA on 8/9/05 5:57pm
Msg #57918

OT--- Attorney Only States.....

Ever since the Governor's Counsel issued Executive Order 455 for Massachusetts Notaries, which prohibits a non-attorney Notary Public from doing a loan closing, my Notary services has almost tripled.

It's backwards because you would think that I'd lose business. But I didn't.

When the order got issued, it clarified the duties of Notaries and showed everyone that we, as Notaries, are not ONLY document signers. It shows that we have an important judicial function, and shows that we are not "pen pushers" or "paper stampers".

I mentioned in a previous post that Notaries could possibly become federally regulated. It would stink because federal regulation would result in every state having the same Notary Public laws/duties.

I like the fact that each state is somewhat different. Some Notaries can perform marriages, others can issue judicial process, while others only have a limited function.

Just thought I'd share this with you all.

Reply by Ted_MI on 8/9/05 7:21pm
Msg #57935

Hi Estelle,

So why do you think your business tripled after the executive order in question?

Oh, by the way I went to high school with your present goverrnor. Admittedly he was about three years behind me, so in fact I really didn't know him. But I would imagine that he knew who I was at that time.

Reply by MarleneM/USNA on 8/10/05 11:23am
Msg #58040

Estelle, was Executive Order 455 the "letter" you said you received from the Governor's counsel in message #55981 on 7/30/05? We'd sure like to see the letter you were telling us about giving MA notaries the power to issue restraining orders. Thanks.

Reply by MA----Notary2 on 8/10/05 3:04pm
Msg #58120

RE: Marlene M/USNA...

The letter you are asking about was later found to be something sent from the NNA. I personally called the Governor's Legal Counsel and they stated the following:

1.) A Massachusetts Notary may not issue restraining orders

2.) A Massachusetts Notary may not take bail (as so described in original post)

3.) In regards to Federal Regulation, this is highly unlikely in the Commonwealth.

4.) The NNA can say whatever they want. What matter is what the Governor and his Counsel
says in regards to duties of a Notary Public (obviously).

5.) The duties of a Massachusetts Notary will be "spelt out" for us real soon because petitions
have been sent in regarding the duties of Notaries.

6.) If the new laws pertaining to MA Notaries pass in the future, more duties will be granted
to a Massachusetts Notary Public, whereas we will assist more in the judicial arena, as well
as continue our basic duties (ie: acknowledgments, jurats, etc.).

Thanks for taking the time read.

Reply by MarleneM/USNA on 8/11/05 9:13am
Msg #58263

Thanks for taking the time to answer! n/m