Posted by SamIam_CA on 7/28/06 6:23pm
Msg #135880

Would you answer this question?

I got a call today from a person who said they were Mr. Notary. This person told me that he did a grant deed on June 2nd for Mr/Ms Borrower. Then he told me that ABC Escrow did not pay him for the job because they paid me instead. Mr. Notary asked me if I had indeed billed ABC Escrow for doing this job.

I told Mr. Notary that I had no way of knowing if I had helped Mr/Ms Borrower without checking my journal. Mr. Notary then asked me if I worked for ABC Escrow on that date. Again I told Mr. Notary I'd have to check my book and call him back.

After thinking about it for a few minutes I called Mr. Notary and told him that regardless of checking my journal - I would not confirm if I had notarized anything for Mr/Ms Borrower or not because that would be confidential and quite frankly none of his business - how do I know if he is really a NSA, etc. I told him if ABC Escrow over paid me that they should call me themselves.

What do y'all think? Would you have answered Mr. Notary's questions??

Reply by Mung/CA on 7/28/06 6:29pm
Msg #135882

I agree w/u Sam but isn't the info in our journals public

and should be made available to anyone making a request? I'm going to have to hit the books on that one.

R

Reply by SamIam_CA on 7/28/06 7:07pm
Msg #135894

isn't the info in our journals public - yes if done properly

A notary public must provide a photo static copy of a line item from his or her journal when
provided with a written request from any member of the public. The written request shall
include the name of the parties, the type of document, and the month and year in which the
document was notarized. The cost must not exceed thirty cents ($0.30) per page. (Government
Code section 8206(c))

Reply by Traveling2U on 7/28/06 8:06pm
Msg #135899

My notary teacher told if this event should happen. the person requesting the information should be able to give I believe he said, 3 vital parts of the information within the journal.

Name, date and type of doc notoratized like when requestion for a birth record I might had left something off but they should know all about the event

Reply by Blueink_CA on 7/28/06 9:19pm
Msg #135916

Sam, we notaries have got to stick together. If I had been paid for something Mr. Notary did, I would indeed try to rectify the situation.

Reply by Kate/CA on 7/28/06 10:36pm
Msg #135927

I totally agree. I have been paid three times for signings I did NOT do. I called the company each time and sent them back the checks. I would expect another notary to do the same. I might not give out the information on the signing, but I would check to see if I had been paid for a signing that day by that company and if it was for work I had done.

Reply by TitleGalCA on 7/28/06 9:52pm
Msg #135921

Re: Would you answer this question? No.

Here's what my thoughts would be in the same situation.

I would see if the check matched up with the billing I had sent, then marked it "paid" and thought nothing more of it.

If I had received a check for a notarization I never did, I would alert Escrow. They always show the name of the borrower and their escrow number. If I had money from a closing I didn't do, checking my journal would unnecessary. I would have already known if I was paid mistakenly and returned the check.

This is Escrow's error and Mr. Notary should work it out with them. It's up to Escrow to find their error, not you to send Mr. Notary his fee.

Pretty ridiculous if you ask me that he'd even call you in the first place.

Reply by JM_NY on 7/28/06 10:42pm
Msg #135928

I received a check for another Notary but the check was made

out to her. I contacted her and forwarded the check to her. Sending it back to the co. would have taken her much longer to get paid.

Reply by patricia on 7/28/06 11:11pm
Msg #135933

Re: Would you answer this question? No.

wow, one time a check made out to me was sent to another notary, she endorsed the check and deposited into her own checking account which was the same bank that I use. I went into the branch and had them take the money out of her account and put it into mine.
This is a notary who was frequently posting messages on message boards. I was tempted to call her but decided against it. I do know that sometimes checks get put into the wrong envelope ( I get them sometimes) to bad there are some of us who cash the check rather than forward it to the correct person.

Reply by LkArrowhd/CA on 7/28/06 11:44pm
Msg #135939

Re: Keeping accurate records may help you in this area

I know who is owing me money at any given day, the records are in the order they were notarized(by date), the outside folder has the company name and info. The minute the check comes in, it is copied and placed in the folder as back up for any future issues. Just a suggestion but perhaps a little more detailed record keeping. I would absolutely know if a check arrived that was not mine. I would do my darnest to contact the company and or notary if I knew her/him ASAP and get it to them as swiftly as possible.

Reply by SamIam_CA on 7/29/06 12:20am
Msg #135947

let me rephrase my question...

Just to be clear - I did not get paid in error or cash a check for a job I did not do. My records match for all of my accounts payable/receivable to my journal.

I agree notaries should stick together but...
I think confirming or denying that you did a particular job to someone not a party to the transaction - without a written request is a breach of confidentiality.

I was asking if you concur - or if you disagree.
Do you think it would be okay to discuss the details with someone who calls and tells you they are also a notary?

The SoS tells us when we must disclose the information - they do not tell us when we should be silent.

Reply by TitleGalCA on 7/29/06 12:30am
Msg #135949

Re: let me rephrase my question...

***I think confirming or denying that you did a particular job to someone not a party to the transaction - without a written request is a breach of confidentiality***

Agree with you 100%! That's what I meant about Mr. Notary calling you...sorry if I wasn't clear.

Reply by LkArrowhd/CA on 7/29/06 12:33am
Msg #135951

Re: let me rephrase my question...I would not discuss

anything over the phone with a person I didn't know let alone notary issues on a signing.
I would be the one asking the questions in getting more details from him as to exactly what he was asking about, not sure whether you did this or not. It is very hard to read someone intentions and words on a board like this. Sorry hope you get this straightened out.

Reply by SamIam_CA on 7/29/06 12:54am
Msg #135953

Re: let me rephrase my question...I would not discuss

Oh good - I'm glad you both agree. I really couldn't understand why he was questioning me instead of just asking the people who refused to pay him to look at the notarization and see who stamped it.

I posted here just to make sure the notary community did not think my actions were being disrespectful to him as a notary - but I really have no way of knowing if he really is a notary or even if the name he gave me was his own.

Reply by Jason on 7/29/06 5:07am
Msg #135967

Can he check w/ courthouse to see who notarized deed?

Can he go look at the notary seal on the recorded deed to get his info?

If yes, he can go back to ABC and work it out with them.

Reply by RickinVA on 7/29/06 11:30am
Msg #135994

If I didn't KNOW that I had not received a check in error, I would have checked.
If I had NOT received the check in question I would have told him that. Being a
cynic, I suspect the SS/TC just hadn't paid the Notary and was using that as an excuse.

Rick