Posted by BP/WV on 6/9/06 9:46am
Msg #124929

Venting...

I received a call about a month ago from Sign on the X to do a closing in my hometown. I declined the call and informed them that I am in an attorney state and they should be calling an attorney. I did not refer them to anyone because of their poor payment history.

Yesterday I received a call from an attorney to go out and correct the same signing that Sign on the X had found a regular notary to complete. The attorney informed me that this was a non-compliant closing; therefore, it had to be resigned. I was also informed that the POA was not signed correctly...go figure. After SOX was informed that a notary could not complete the signing, they continued to search. I have the name of the notary and I am thinking I should contact the Secretary of State…. but, what is the sense, they will not take any action.

During May EOM, I had to turn down 14 calls from non-attorney closings. I ended my week with 3 signings that were from attorneys….that’s it. I just cannot fathom how one can be so greedy as to break the law to make a buck. When I mentioned this to two local attorneys, the feedback was very lax. I have worked my butt off to get where I am. In addition, I m up to my eyeballs in student loans...maybe I should have concentrated on criminal law rather than real estate law. I believe our industry needs to be a bit more regulated here in WV. No one wants to step up to the plate to take any action. The SOS tells me it is illegal; however, they take no action against an unscrupulous notary. I have also contacted the SOS to suggest about updating the WV Notary handbook to clarifying UPL and notary loan closings. I have not received any response.... What’s a girl to do?

Reply by gijane on 6/9/06 12:55pm
Msg #124978

I have never used them, personally but I know a notary that has and have not paid her at least three signings that she completed for them last year. My advice to her is not to accept any more.

Reply by Tina_MA on 6/9/06 6:10pm
Msg #125037

I understand where you're coming from. I have the same problem here. I do have many companies that continue to use my services because my work is exemplary, and they know that the signing will go off without a hitch, and in a professional manner.

Then there are the companies that are only concerned with finding a Notary that will complete the signing illegally (read cheaply).

I have reported Notaries here that are not working for an attorney. I am not sure whether or not any action is taken. But at least I feel as though I've done something.

Quite frankly, I think that eventually, this will catch up with those that break the law. Imagine how things will be for them in court when a loan blows up and they cannot state which attorney they are employed by. They will be screwed.

The attorney I work for has a 2 or 3 million dollar E&O policy, that I am covered under. Many Notaries here in MA don't even carry E&O.

Reply by AngelinaAZ on 6/10/06 1:48am
Msg #125074

Have you thought about...

Going to a local attorney and asking if they will 'represent you' in signings that are directly solicited. Ask them about their fee and adjust it appropriately. Then when you get the 14 calls, you can just give them the attorney info and fee and say, "XX is an attorney only state, so this needs to be done through XXX."

I don't know, maybe it's a dumb idea or illegal??? I don't know about Attorney States, but it seems like there should be a way to get a few more than 3 of those 17 signings.

It sounds like you might be at the mercy of plain old-fashioned ignorance on the part of the scheduler. I run into this ignorance about 'difference in law' every time I do a signing for a Virginia property. We have a battle over that note!

Reply by BP/WV on 6/10/06 7:06am
Msg #125083

Re: Have you thought about...

That is an excellent question. I have thought about that as well. I brought the topic up at a local AWVP (association of WV paralegals) meeting. It was unanimous that no attorney would jump in at the end of a closing since WV Code requires an attorney to review title before title insurance is issued.

I understand about ignorance of the scheduler. I have had a few calls from reputable signing services that did not realize WV is a restricted state and about an hour or so later, I would get the same call from a WV attorney. It is the ones that have the same scheduler, like FASS, and SOX that do this on a regular basis...and I know they know...because I tell them repeatedly. I believe they just do not want to loose the call...or worse, no attorney is involved at all...even through title.

Reply by DeliveryBoy on 8/24/06 3:55am
Msg #140491

Re: Have you thought about...

Beware of atty. states. In some it's okay to do a closing if you are a notary working for an atty. (MA?). In some only the lawyer can do the closing (GA?).

I think there are 7 atty. states? GA, SC, MA, DE, WV, VT, MD, (and IL requires either an atty. or title agent?).

Reply by statewidewv on 9/8/06 3:08pm
Msg #144560

Re: Have you thought about...

These companies are taking money from you and food from your table. Tom Tinder is Chair of the Unlawful Practice of Law for the WV Bar - start taking these companies name, phone number, address and a contact and let the WV Bar deal with them. The penality is $5,000.00 per closing not done legally. You can do it without your identity being revealed.