Posted by Chris_OR on 6/16/06 12:35pm
Msg #126330

BancServ says no marketing directly to Title Companies?

Hi –

A while ago I started emailing links to my webpage and sending flyers directly to area title companies using the search for members feature from the ALTA website (American Land Title Association), the phone book, and other notary sites which had lists of title companies.

Today I get a call from BancServ - advising me that because I have done signings for them, I can not market myself directly to Title companies.

My thought was that as long I was not marketing myself to a contact / company that I first learned of via BancServ – this was not a conflict. They don’t seem to see it the sameway as I do.

I’m wondering if anyone else has been in this position or have any thoughts on this?

Thanks,

Chris - Oregon

Reply by MistarellaFL on 6/16/06 12:39pm
Msg #126332

Personally. I don't sign any contracts with SS that are contingent on my
not marketing to TC's, Lenders, and anyone else.
I own my business, and I am not their employee.
That being said, I am free to market to any potential clients.
I think you can market to TC's, but Bancserv may choose to
eliminate your as an IC.

Reply by Roger_OH on 6/16/06 2:40pm
Msg #126349

You are an independent contractor; you run your own business as you see fit, and that includes marketing to whomever you wish. The only exception is if you have a contract with an SS prohibiting you from approaching THEIR title companies that you do work for thru them.

For them to make a blanket statement that you cannot contact any TC anywhere, is patently ridiculous. Do you see THEM agreeing to not approach TC that YOU have worked with??

Reply by Chris_OR on 6/16/06 2:49pm
Msg #126351

Roger - my thougts exactly. It was an odd conversation - where the person calling did not grasp that point. I just ended the call by thanking her for calling and wishing her a good day. Thanks for the feedback everyone.

Reply by Ndwa on 6/16/06 3:19pm
Msg #126355

You're better off to exclude Fidelity from your marketing list as Bancserv is own by them. I was told by a couple EO at Fidelity that using Bancserv is mandatory or they can get fired.

Reply by CaliNotary on 6/16/06 7:29pm
Msg #126396

You handled this more politely than I would have. Anybody who would have the nerve to call me and tell me how I should run my business would definitely get an earful and a half.

Reply by Anonymous on 6/16/06 5:14pm
Msg #126374

I agree that your hands are tied if you have signed a non-compete agency agreement. We are all better off to unite and somewhat boycott these $50 agencies, thereby forcing them to pay reasonable fees. All they do is the coordination and payment. We are the ones that provide the work-intensive professional expertise. Accepting a $50 seller package close to home is great. However, doing a purchase or a refi for $50 hurts us all. We're worth more than that. United, we have power.

Reply by Anonymous on 6/16/06 6:41pm
Msg #126391

Just got through reading BancServ's contract. Line 5b states that it has no control or attempt to control any aspect of Notary's business and/or practices, and that subject to applicable rules and regulations, the Notary shall be completely free and unrestricted to provide services without direction from BancServ.
Line 10a. Relationship between the parties. It is agreed and understood that the Notary is an independent contractor performing and rendering services identified and set forth in this agreement and subject arangrment in no way establishes an employer-employee relationship between Notary and BamcServ, and or Notary and BancServ's employer. BancServ understands and agrees that it does not have the exclusive use of Notary and the Notary is free to contract for the same and similar services with any other entities.
This verbatum from their own contract. Sounds like the person you talked to was uninformed.

John, CA

Reply by Chris_OR on 6/16/06 8:01pm
Msg #126399

John. Great Post. I should have looked that up myself. Thanks.

Reply by John_NorCal on 6/17/06 12:26am
Msg #126456

You can always tell them to pound salt! n/m

Reply by Anonymous on 6/18/06 11:44am
Msg #126655

Illegal-Report them to the government

Per your description, BanServ's behavior is anticompetitive and I believe illegal. They can drop you as a contractor, but they cannot prevent you from competiting.

It is a violation of one of the Act-Robertson Patman or something like that...I am admittly rusty on the names.