Posted by Anonymous on 10/14/05 9:54pm
Msg #70617

Isn't It Against the Law?

I have read a lot of scuttlebutt on this site regarding title companies/signing companies that pass word on about "bad notaries", poor performance, and unprofessionalism. I have read posts here where these companies are telling other notaries and other companies this type of information about other notaries. They do not have the right to do this. This is defamation, and very possibly slander. At the very least, a civil suit can be filed against those involved.

PS: It never fails to amaze me how many notaries jump on the bandwagaon to find another notary at fault--even though it's only hearsay.

Reply by Sylvia_FL on 10/14/05 10:01pm
Msg #70622

We pass word on about bad signing companies and title companies, so why should signing companies and title companies not have the right to do the same about bad notaries? Or am I misunderstanding your post?

Reply by Ted_MI on 10/14/05 10:07pm
Msg #70625

Re: Isn't It Against the Law?- Probably depends

Hi Anon,

It seems to me that it would be inequitable to criticize signing services/title companies for disseminating information about "bad notaries", when we very frequently disseminate information or opinions about signing services and title companies.

As far as whether it is defamation or slander, I think that would depend. As I recollect truth is always a defense in a defamation action.

Reply by CarolynCO on 10/14/05 10:16pm
Msg #70628

Re: Isn't It Against the Law?- Probably depends

I don't put too much stock in no-no lists because there are any number of reasons a SS or TC can be *gotten* on the list. I would think the same would hold true about notaries appearing on black lists, if there is such a thing.

Reply by TitleGalCA on 10/14/05 10:36pm
Msg #70635

Re: Isn't It Against the Law?- Probably depends - Carolyn

I agree. The truth in most situations can usually be found somewhere in the middle. Bad news travels a lightning speed...whether it's about a SS or a notary...or anything else for that matter.

Reply by Bonnie_CO on 10/14/05 10:16pm
Msg #70629

Heresay? When the title company, lender and borrower all have the same story? Would you refer a notary you have heard numerous negatives about to one of your clients? Messages posted on a board such as this are mainly opinions of various people based on experiences that they have had with various companies and with various notaries. NO ONE, that I can find in the archives, has ever came onto the board and said, "Susan Jones is an awful notary, do not use her, this is how she screws up." The notaries that are mentioned never have their ACTUAL names blared across the board. Most likely, the title companies and Signing Services have thier own gripe boards that we know nothing about, the mirror image of ours, but instead of gripping about SS and TC, they share experiences they have had with notaries. How can you have defamation and slander on a msg board without mentioning a specific person's name? Of course I don't HAVE to refer my overload to other notaries, but it makes good business sense to be able to offer your client an alternative instead of just popping off with "I can't" . Believe it or not, some of us are actually in this as business people, this is more than a job to a lot of us. We will build our businesses on strong ethics, which means, AGAIN, that we are NOT going to offer our clients a BAD alternative!

Reply by Becca_FL on 10/14/05 10:26pm
Msg #70633

Re: Isn't It Against the Law? Bonnie,

I've seen the name(s) of "bad" Notaries on this board and others AND, I remeber once a fellow Notary posted the offending Notary's name.
FWIW

Reply by Bonnie_CO on 10/14/05 10:37pm
Msg #70636

Re: Isn't It Against the Law? Bonnie,

I didn't find that, but that's NOT to say it's not there. I would NOT post this notaries name on any board for public viewing....as I said, her name is for my info only, I'm not going to be telling title co's, or SS's not to use her, I just won't say "call so and so. maybe she has an opening for that time", I have several others that I can refer instead, not a big deal...

Reply by TitleGalCA on 10/14/05 10:46pm
Msg #70639

Re: Isn't It Against the Law? Bonnie

For myself, I don't refer other notaries. First, SS's have an extensive network to locate notaries - consider the many over-saturated areas. I don't consider it my responsibility to "help" the SS.

Second, "stuff" happens at signings, and in so many situations, the notary is held responsible. It's too easy to point the finger at the SA when the signing isn't completed for the many reasons signings aren't completed. I don't want to be attached to the referral that went wrong.

Third, I don't belong to a "network" of notaries (in spite of the fact I think it's a fabulous idea). Without the strength of a network, I just think it's a bad idea to make referrals.

JMO - that and three bucks can buy you coffee at Starbucks.

Reply by Bonnie_CO on 10/14/05 11:06pm
Msg #70642

Re: Isn't It Against the Law? Bonnie

STARBUCKS????? Let's go!!!!! I'll take a white chocolate mocha! LOL!
We do network a little around here, it ends up meaning a few more jobs for each of us. The majority of my clients anymore are title companies, and I'm sure they too have an extensive database, I just do it as a goodwill gesture, so to speak, for my better clients.
This whole thing isn't that big a deal, but just needed to vent after being vented on by the borrower! Can't blame him for being upset, he needed the money, like yesterday, for a very serious medical thing, now he won't get it until somewhere around the 20th depending on when they dispurse it.
Got him soothed and calmed down, papers signed and all's well with the world! Now....let me think....where's the nearest Starbucks?????

Reply by TitleGalCA on 10/14/05 11:08pm
Msg #70643

Between me/you...I'll meet you in....Utah! :) N~M

Reply by Bonnie_CO on 10/14/05 11:19pm
Msg #70644

Gotcha! I'm heading that way now! LOL! Utah here I come!nm

Reply by Becca_FL on 10/14/05 10:21pm
Msg #70631

Not slander. Maybe liabel. Slander is spoken, liabel is written.

As Sylvia pointed out, we do the same thing.

I think that's why most of us take this (and all boards) with a grain of salt.

Reply by Pamela J Montez on 10/15/05 9:07am
Msg #70667

As with any business, the "Bad apples" get weeded out in a hurry. Just as we complain about SA's, they do the same to us I guess.
Yepper.. there are too many people out there that think this is a "piece of cake" job and they'll be rollin' in the dough in no time. It took me 6 years of marketing and advertising to get as far as I am. I am asked all the time, "how do you do your job, and can you teach me?" My polite answer is, "I'm not ready to retire yet". And if they continue to pursue wanting my job, I tell them it'll cost them about $3,500.00 to get started. That seems to quiet them down.
This business is not easy, nor is any business. Professionalism is a key word in this business. Social skills and integrity are big "pluses" in the work place.
We are in this business to make money, and to make good money and keep the calls coming in, you've got to be professional.
In the beginning, I had no qualms calling title/SA's to ask questions, or to admit I had made a mistake.

Reply by TCMN on 10/15/05 5:52pm
Msg #70774

Re: Isn't It Against the Law? THAT DEPENDS...

FIRST....I am not a lawyer and I am not giving any legal advice. You should ask one if you want to know exactly...I am giving an opinion ONLY!!!!!!!!!!


I believe it might be against the law (from how I have been told and understand it) if you go around and "slander" someone (anyone) and you have no proof, not history, no anything and it has damaged their "success" (this is determined in too many ways to list) and they sue you , you might be held liable. (so I wouldn't go around saying,,,I heard they did this and this and this")

If they sue you and you have proof and everything backing you up on it, you might have a better chance of not being held liable. (I say might have a better chance because you still could be held liable) For example, should it be your sole purpose of "ruining" their sucess, you might be held liable in different definitions.
If you are just giving a warning to others by example of your experience, you are telling a fact.

NOW...keep in mind, you BETTER be telling the FACTS and truth and be doing it to help someone from experiencing the same situation and not to "bring them down".


I agree to some extent about whomever it was that said that the No-No lists are not to be taken 100% to heart. Only in the regard that they said that there are some companies that are not BAD with everyone they work with. BUT, the NO-NO list is a "resource of warning". What someone does with that info is their own choice. BUT if time and time again, different notaries are telling the same story and the same "story" is being told to them by the companies they are commenting about....I think they have merit. And I think that IF it were slander, one of those comapnies would've tried to sue a notary and I've never heard of that happening or anyone attempting it even. Would that make you think that they don't have a case to stand on and maybe the info is indeed a fact???? Maybe.

I think there should be lists...because isn't there Consumer Reports doing kind of the same thing? Don't they tell us of insufficient companies fo products, etc? OR what about the news stations that do undercover stories and expose the companies that are cheating people, etc.? Is the newstation getting sued? Not that I am aware of....because they have facts backing them. Just a thought.

and
jmho