Posted by Mia on 1/18/07 4:40pm
Msg #171571

Michigan Notaries

For those of you that sent letters to the State of Michigan -- did you get a letter
from the Legal and Regulatory Services Administration / Legal Policy and Procedures
Section today? I got mine!

Reply by MICarole on 1/18/07 4:51pm
Msg #171574

Not yet, could you email or fax me a copy?

Reply by BetsyMI on 1/18/07 4:53pm
Msg #171576

Been off the board for quite awhile....write letters about what?

Reply by Stamper_WI on 1/18/07 6:38pm
Msg #171589

and what did they say?

Reply by Mia on 1/18/07 7:56pm
Msg #171602

This is what it says

I'm not going to copy the whole letter.
**We have become aware that some notary associations have been advising
their members and other notaries public that they can, when the notary pays
a fee and either supplies private, personal information or by other means, give
the notary a "special" notary title that provides the notary special powers or
privileges. The titles, such as, GLBA (Gramm Leach Bliley Act) Certified Background
Checked Notary, Certified Trusted Notary, are issued by private companies, which
are not affiliated with the State of Michigan. These specially titled notaries public
are not certified or qualified by the State of Michigan (Michigan Notary Public Act,
2003, as amended). The notary associations are promoting their "certified" notaries
and may have influenced these mortgage and title companies. The use of these
specially notaries, although they have no special powers under Michigan Law.

Electronic Notarization - While this issue is being carefully reviewed, there is, as yet,
no policy, procedures, or standards under the law for electronic notarization
officially established for the State of Michigan. Electronic keys or other methods of
encryption offered by private companies have not been officially recognized or
certified by the State of Michigan. As such, there is a risk in the use of them as to
whether they will be recognized as a notarization now or in the future by the state,
other agencies, businesses or countries, once Michigan standards have been officially
established. **

Reply by Julie/MI on 1/18/07 8:32pm
Msg #171613

Re: This is what it says

"The use of these
specially notaries, although they have no special powers under Michigan Law"--what does that mean?

So it sounds like the State does not appear to have any commentary except to reiterate the obvious.

That's good, because the Office of the Great Seal, really just appoints notaries public, which does not have any bearing on title/banking issues in Michigan.

Mia, did you specifically ask them if a background check was routinely checked before a notary can be appointed?

This always seems to be a point of contention with you and I just wondered if you addressed that in your letter.

Reply by Mia on 1/19/07 7:09am
Msg #171660

Julie

That sentence was really strange -- I believe that they were saying that
under Michigan Law, the use of these type of "specially notaries" is not
recognized (but that is just my opinion).

I did indeed ask them if a background check was routinely checked
before a notary is commissioned / appointed -- the letter that I received
does not address that question however, I can always write another letter.
I know that we have gotten different answers to the "background check"
when you and I have called regarding this issue. I have called at least 3
times, and have gotten the same answer..... "you would not be commissioned
in the State of Michigan if you have a felony or misdemeanor convictions".
This has been stated by Robin Huston and Yolanda from the State.
I wonder why you have gotten a totally different answer to this question than
I have?

>>the Office of the Great Seal, really just appoints notaries public, which does not
have any bearing on title/banking issues in Michigan <<
I guess that this issue we see differently. I do believe that the Michigan Laws do
address this issue.


It would benefit us all, if we would sit down and write letters to get questions
clarified by the State.
I have seen over the years where "Companies" want to make something look
like it is a new "Law" or a new piece of equipment etc., when in fact they have
not done their homework correctly.

Reply by sue_pa on 1/19/07 8:33am
Msg #171669

Re: Julie

I have found throughout the years that where you want specific responses to several issues it's best to ask in numbered form.

1. What color is the sky?
2. Why are there clouds in the sky?
3. When is the sky not the sky?
4. Say it out loud and then think about it - why is sky such a dumb sounding word?

Reply by ReneeK_MI on 1/20/07 5:35am
Msg #171790

MI SOS & posing questions, my saga ....

In September of last year, I wrote our SOS via her e-mail and posed 3 questions regarding identifying people, as it pertains to notaries. I am compiling copies of all the correspondence in this saga, just for kicks and cheap thrills. The first response took 3 weeks and some inside prompting - and it said (para-phrasing): 'we're working on a response'. About once a week I'd get a phone call "a response is being drafted", and "the formal response is being prepared for you." After about 3 months the "formal response" I received said I couldn't pose such questions using e-mail format, but needed to send snail-mail my questions to Legal Svcs. I immediately did exactly that. After a couple more months of nothing, I received another e-mail saying 'we're working on a response'. That was about 10 days ago.

If this were a company I was dealing with, rather than our government - it sure wouldn't be a company I'd patronize or recommend to anyone.

Reply by Mia on 1/20/07 12:27pm
Msg #171832

Re: MI SOS & posing questions, my saga ....

Have you tried to fax your questions to the Office of the Great Seal? Don't let the issues
slide... keep after them.

I really didn't expect to get a response from my letter as soon as I did, however they did
not answer all of my questions and, some of the phrases that were in my letter I didn't
even say in my letter. I'm thinking that they have read many letters, and wrote the
letter to me with what others had asked.

I'm going to be faxing another letter on Monday. It will be interesting to see how long
it will take for a response.