Posted by Anonymous on 12/13/05 9:45am
Msg #82139

UNlicensed Maryland notaries beware

I am a licensed settlement officer in Md. Evidently the state of Md is in the process of auditing companies who use notaries in Md for closings. I have had THREE companies call me in two days for copies of my license to verify my certification. Finally..... maybe this will help weed out those notaries who are trying to fly under the radar without the proper certification and in doing so quote ridiculously low fees to TC's and SS's that hurt those of us who've gone through all the BS to get and stay licensed. I could not ask for a better Xmas gift.

Reply by Anonymous on 12/13/05 9:54am
Msg #82145

I have to agree with you on that! I too am in MD and also the same thing, I have had to fax over my license to several companies that I had previously worked for. Which I say "it's about time". B/c the state of MD makes us jump through so much in order to get licensed not too mention the up front cost, that it is very unfair for those notaries out there that are not actual title producers.

Reply by Beth/MD on 12/13/05 10:30am
Msg #82154

So why hide behind the anonymous cloak? The truth of the matter is, unless you have a client list of reputable (sp.) TCs and SSs that you deal with, their will always be those that float under the radar. I've had several companies tell me that they "only need a regular notary" and not a TP. I've been told this on MANY occassions. That's how some of these companies justify low fees.

Reply by Beth/MD on 12/13/05 10:30am
Msg #82155

That should be "there" not "their"

Reply by Anonymous on 12/13/05 10:35am
Msg #82159

Yes, companies have said that to me as well....however.....the state of maryland requires
Who Needs to Be Licensed in Maryland

A title insurance agent is "a person [who], for compensation, solicits, procures or negotiates title insurance contracts" and includes "a person [who] provides escrow, closing, or settlement services that may result in issuance of a title insurance contract" (Annotated Code of Maryland Insurance Section 10-101). Before a person may act as a title insurance agent, he must obtain a Certificate of Qualification and an appointment from a title underwriter. Maryland has reciprocity with several states; therefore, a non-resident may obtain a Certificate of Qualification without complying with various requirements imposed upon residents.

Furthermore "before a limited liability company, partnership, or corporation may accept in its own name compensation for acting as an agent (as defined above)," it must obtain a Certificate of Qualification and an appointment from a title underwriter.

Reply by Anonymous on 12/13/05 10:28am
Msg #82153

I'd also have them check into notaries on the Pennsylvania border counties. I understand there are several of them who cross into Maryland.

Reply by LilyMD on 12/13/05 10:34am
Msg #82157

I'm with Beth. Too many companies with these really low fees claim they just want a plain notary. No special licensing. Also, I've never been asked to submit a copy of my TPL. Ever.

Reply by Art_MD on 12/13/05 10:39am
Msg #82162

Re: UNlicensed Maryland notaries beware

I've probably submitted my TPL at least 25 times to TCs and SSs. A couple have called re: a closing and said they had to have a copy in hand before they could send a confirmation. Faxed copy, got confirmation.

If I get a call from a new TC or SS, when I send in my info, I include a copy. If they didn't ask for it, I assume they don't know the law. In that case I send them about 5 pages from the MD insurance Admin site and notary handbook.

Art

Reply by Beth/MD on 12/13/05 10:42am
Msg #82164

Re: UNlicensed Maryland notaries beware ...Art

I've been asked to submit as well. However, those that haven't asked, I've never considered faxing them "the law." Not a bad idea.

Reply by Anonymous on 12/13/05 10:37am
Msg #82161

Geat idea....... I'll make sure I mention that about the Pa. notaries to the companies I work with that request the license info. Those that follow the proper certification route deserve to get the work. I'm sooooooo glad to see this happening!!!!!

Reply by Tina_MA on 12/13/05 11:48am
Msg #82190

I do not blame you. Whenever I hear about a notary here in Massachusetts doing signings without the benefit of working for an attorney, I turn them in.

I also turn in the names of SS's that state that they only need a notary, that it's not an attorney signing.

Reply by Anonymous on 12/13/05 12:52pm
Msg #82211

I agree Tina_MA >>> I do the same thing...

I have turned in non-attorney notaries public for conducting loan closings without the direct supervision of an attorney myself.

I'm not an attroney, but I do work with a couple. I look at this in the same context as paralegal/attorney ethics. If an attorney has reason to believe, or factually knows, that another attorney is acting in an unethical manner, the attorney/paralegal has the duty to speak out against the unethical attorney/paralegal. Notaries should adhere to the same standards.

Keep up the good work!

Reply by Mdene_AZ on 12/13/05 1:32pm
Msg #82224

Re: I agree Tina_MA >>> I do the same thing...

I'm not from your part of the country, however, i do have a question re: fees. What is the difference in the fees for a notary and the signing agents you mention?