Posted by Korey Humphreys on 3/8/06 2:47pm
Msg #103320
Massachusetts Notary Public Alert (if you will :) ) ...
Senator seeks crackdown on notary scams
By ERIK ARVIDSON, Sun Statehouse Bureau
BOSTON -- A notary public who misrepresents himself as a practicing attorney to non-English speaking people would face jail time and a hefty fine under a bill being considered by the Legislature.
The bill would require notaries public to disclose to all customers that they do not practice law, and to post a $15,000 bond to cover themselves against any legal claim.
State Sen. Susan C. Tucker, D-Andover, who proposed the legislation, said it's designed to prevent notaries public from duping Spanish-speaking people and others into believing that they are lawyers.
"People are paying $65 for a notary public license and are advertising that they can help people with immigration problems or divorce issues," Tucker said. "In some areas of Massachusetts, it's grown into a large problem. It's a huge cottage-industry scam."
In Spanish, the word for attorney is "abogado." However, in some Latin American countries, the phrase "notario publico" denotes an attorney who is well known or in good standing.
Tucker said that some non-English speaking people are deceived into paying exorbitant fees for legal advice, when the person is only legally allowed to notarize documents.
"The stories are heart-wrenching. You have people who lose their entire life savings," Tucker said.
Violators would be punishable by a fine of up to $1,000 for a misdemeanor charge and $5,000 for a felony charge, and jail sentence of as much as six months for a misdemeanor and one year for a felony conviction.
There are 43 states which have passed laws specifically regulating notaries public and how they may advertise themselves. Some states have even prohibited notaries from using the word "notario" in their advertising.
In December 2003, Gov. Mitt Romney issued an executive order which set up "standards of conduct" for notaries public, including requiring nonattorneys who notarize to keep a journal, and setting limits on what notaries can charge.
Tucker said her bill would codify many of those regulations into law.
Some local notaries public say the bill is a good one, but that asking all notaries public to post a $15,000 bond might be too much to ask. Most notaries public are paid $1 to $1.50 per notarized signature.
"It doesn't sound like a bad idea if people are fraudulently representing themselves as attorneys," said Judy Bugler, a notary public in Lowell. "If I had to post $15,000, I would probably drop the notary business because I don't derive enough business from it."
Bugler owns her own bookkeeping business, and became a notary as a convenience for her customers. Her husband, George, works for a local bank and is also a notary.
She said that most notaries have specific reasons for why they are a notary, and it's often related to their business. She said she would likely not notarize for the general public.
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I applaud the senator for taking our office serioulsy. If you'd like to view the source online, go here: http://www.lowellsun.com/front/ci_3581245 .
Well, I'm off to a b-day party. If I am able to read when I get home  , I'll read any and all comments then. Take care and happy signings!!!
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Reply by BrendaTx on 3/8/06 11:30pm
Msg #103456
Re: oh yeah.. only two notaries post here... :(
Texas pays like $21 for the SOS fee, then $50 for the $10,000 bond. It did not exactly keep the bad people from scamming in the same context.
How much do you think your $15,000 bond would cost?
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Reply by Korey Humphreys on 3/9/06 12:06am
Msg #103460
Hi Brenda
You know, believe it or not, I was thinking about that since I read the article in the Lowell Sun. I was actually going to post that question.
I really have no clue what the $15,000.00 bond will cost. I already have Errors & Omissions Insurance valued at $10,000.00 and that was less than $70.00 (much less I believe). I'm not sure if the fees are in the same category, but I don't see why they wouldn't be.
Well, it's 1:05 AM and I have to get to bed. I've had a long day! If you reply tonight, I'll check it in the morning. Take care
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