Posted by NCLisa on 7/13/06 5:39pm
Msg #133056

NC SOS and other fees

For the last year I have been trying to clarify with the NC SOS the legality or illegality of travel fees, etc. The statute reads:

§ 10B‑20. Powers and limitations.

(c) A notary is disqualified from performing a notarial act if any of the following apply:

(6) The notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in G.S. 10B‑31, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker.

§ 10B‑31. Fees for notarial acts.

The maximum fees that may be charged by a notary for notarial acts are as follows:

(1) For acknowledgments, jurats, verifications or proofs, five dollars ($5.00) per principal signature.

(2) For oaths or affirmations without a signature, five dollars ($5.00) per person, except for an oath or affirmation administered to a credible witness to vouch for a principal's identity. (Code, s. 3749; 1889, c. 446; 1895, c. 296; 1903, c. 734; Rev., s. 2800; C.S., s. 3178; 1973, c. 680, s. 1; 1977, c. 429, ss. 1, 2; 1981, c. 872; 1991, c. 683, s. 2; 1998‑228, s. 6; 2005‑328,s. 1.; 2005‑391, s. 4.)

So I keep contacting them, and finally one woman tells me that it is illegal to collect a NSA fee, because that is more than the fee for the notorial act. Looks like our legislation has not caught up with the times. She said that any fee above the fee for the notary act is not legal.

Now I've contacted the enforcement division to see how and what they have to say. I've sent several emails over the course of the last 2 weeks, and they haven't responded.

Reply by Sylvia M Mease on 7/13/06 5:47pm
Msg #133058

Lisa
It is more than the fee for the notary act, but you are handling more than the notarized documents. You are being paid as a signing agent. You are couriering the documents to the borrower getting them all signed and notarizing the ones that need notarizing and you are delivering the documents to Fedex, UPS or whatever carrier the company is using.

Reply by NCLisa on 7/13/06 6:03pm
Msg #133061

I agree, but a mobile notary that goes to the hospital at 2am for an emergency notary, or mobile notary that drives 20 miles to notarize a vehicle title also do more. I guess they are a mobile agent of sorts.

The woman at the SOS said that when the NSA thing started a couple years ago, that they made it very clear that a notary signing agent was not legal in this state. That even the designation of notary signing agent was not permitted. That a notary could not accept any fees other than the fees for the notarial act. I do remember this being said when the Bar rendered their opinion about lay persons performing closings a couple years ago.

I haven't heard of any enforcement of the issue either though. Wish the SOS and the legislation would get it together.

Reply by Regal/NC on 7/13/06 8:30pm
Msg #133076

Lisa,

I would tread carefully with stirring the pot concerning SA operating in NC. The SOS position is no position. I would leave it alone. The SOS is aware that SA's are operating within NC. No, travel fees are not permitted within NC. If you are peforming a non-loan nortization you are regulated to $5 max per signature. That is why I very seldom perform non-loan transactions.

Contact me via email, we can discuss further!

Reply by Marlene/USNA on 7/14/06 9:18am
Msg #133141

>... a transaction connected with the notarial act<

Sylvia, the signing agent wouldn't be there if she wasn't also a notary. You can't separate the notarial act from the signing agent "act" in loan signings.

The law's pretty clear in NC about who can accept additional fees.

Reply by Bob_Chicago on 7/13/06 9:21pm
Msg #133079

Old story. Driver" Officer, may I park here"? ......

Police Officer. " No, that sign says"no parking" If you park
here , I will give you a tickeT"
Driver. "Well those cars are parked her and you haven't given
them tickets"
Police Officer, " They didn't ask"
Just a thought
Good Luck

Reply by NCLisa on 7/13/06 10:08pm
Msg #133086

Re: Old story. Driver" Officer, may I park here"? ......

Actually my request didn't mention NSA's. She actually brought it up. I just want to get a real answer on the other fees.

Reply by SanDiegoCA on 7/13/06 10:18pm
Msg #133091

A suggestion ......

Instead of calling a government office and asking a government office worker, who may or may not know anything about the answer to your question (especially is NC is anything like California as far as that goes) you should ask a TAX expert for a REAL answer to your question.

Reply by Keisha_NC on 7/13/06 11:40pm
Msg #133105

"other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker."

Would having your real estate license work? It says other than fees or other consideration paid for services rendered. It does not specifically say that it has to be your commission off of the loan.

Just wondering.....

Reply by NCLisa on 7/13/06 11:53pm
Msg #133106

Actually it would. Maybe I shoud just take that class and the test too. I've only got one weekend left of the residential appraisal class, and I take my state exam. Then I will have all bases covered, a certified paralegal, appraiser trainee, notary, and real estate agent.

Reply by John McDermott on 7/14/06 9:03pm
Msg #133305

I stamp the documents for FREE. .40 print per page x100 pages x2 copies =$80.00. Travel gas milage 20.00. Faxback 10.00,. delivery to ups or FEDEX 25, so who needs to charge to stamp, just be creative