Posted by NancyP/Mass on 3/16/07 10:28am
Msg #180188

News about a Class Action Suit again

Thank you for your very warm welcome!! I look forward to having some new friends! You are an awesome group!

I also wanted to share with you a certified letter I received a few weeks ago. I was notified that a class action suit was being filed against several notaries in Massachusetts and I had to prove that I should not be included in that suit!

It ssems that a bunch of real estate attorneys got together and filed this suit against several Massachusetts notaries (I have their names in the paperwork). Seeing that Massachusetts requires an attorney at real estate closings and that many notaries did it instead. I personally only do refinancing or debt consolidations. They still say that doing a refinancing within real estate should be done by an attorney. So our business in Massachusetts is not as busy as many of you.

I just thought I would share this information with those that are interested.

Have a beautiful day !

Nancy

Reply by Genkichan on 3/16/07 11:24am
Msg #180197

Re: See also message #160106

My understanding is that you shouldn't be doing refinances without the supervision of an attorney since a refi puts a lien on people's property. If you've ever done one, you might have a hard time staying off the list of those being sued...

Wish you luck with the overall situation, and hope it doesn't get out of hand up there in MA!

Reply by Korey Humphreys on 3/16/07 11:29am
Msg #180199

Welcome.....

I was on vacation about two months ago and when I got home there was a ‘sorry we missed you’ card sitting with my mail. Unfortunately the post office sent the mail back to the sender due to the fact that I didn't sign for it (because of vacation).

Today, after I read your post, I was curious to see who the senders were (of the registered mail). In my junk draw I still have the ‘sorry we missed you card’ written by the mail carrier notifying me of the registered mail. A few moments ago I looked up the senders name (Yurko, Salvesen, Reitz) and discovered that they are the attorneys who were filing the class action lawsuit against many notaries public.

Hhhmmm….. the information they were trying to send me must be the same information you received…… hhhmmmm…… well, its been almost two full months now and they haven’t resent anything so I guess they discovered (somehow) that I am in full compliance with Executive Order 455 (04-04).

I'm surprised, however, that they didn't attempt to mail out the information again. I will be pissed if I discover later that they are mistaken and saying I received the information and failed to respond. Granted, I can simply get confirmation from my local post office confirming that the delivery of the mail was attempted, however, I never received it (due to vacation) and the post office sent it back to the sender. But I really don’t want to go through that hassle. LOL *grrr*

Reply by NancyP/Mass on 3/16/07 11:41am
Msg #180202

Hi Korey

I am sure you probably got the same love note as me. They needed you to sign and declare that you have never done sat at a real estate closing and did the signing.

I called the group of attornies in Boston and informed them that I only did refinancings and debt consolidations. They were not even sure if that should be considered in their suit. They basically at that time were only concerned about people buying houses and having a notary doing the closing.

I will tell you though, the letter said they got my name and information from NotRot. So I am very careful how I profile myself and I stick to only what I am supposed to be doing.

Nancy

Reply by Korey Humphreys on 3/16/07 11:54am
Msg #180204

Re: Hi Korey

I figured it had to be NotRot because most of the people who became defendants were members of NotRot. In Massachusetts there aren’t a lot of NotRot members considering how many notaries exist in MA. The fact that each defendant is/was a member, well..... the obvious speaks for itself.

The only thing I'm worried about now (thanks a lot Nancy! ) is the fact that the law office may mistakenly say that I received the mail and failed to respond. This wrong assumption may put me on their list and then I would have to go through the hassle of proving that I wasn't "served". God forbid if the information was required by the rules of court and they react by having a warrant issued for my arrest!! *aahh!* I think I, or my attorney, better call them ASAP.

Reply by Tina_MA on 3/16/07 12:27pm
Msg #180209

Re: Hi Korey

>>>I figured it had to be NotRot because most of the people who became defendants were members of NotRot.<<<

The law firm hired by REBA culled the names from various sites.

For every site I was listed on, I received notification regarding the suit (in excess of 9 letters) . I forwarded them all to my employer and he took care of them.

The letters would state "Our review of www._________.com indicates that you may be participating in real estate conveyances in Massachusetts on behalf of mortgage lenders...without being employed or supervised by an attorney..."

Again, one must be employed an supervised by an attorney to conduct any real estate transaction where a mortgage and/or deed will be signed.

Reply by NancyP/Mass on 3/16/07 12:49pm
Msg #180214

Re: Hi Korey

Hello again Korey,

The attorney I spoke with was very nice and open to discussion. He was not hostile in any way. If you want I can try to find out who it was that I called.

Don't get to nervous.

Nancy

Reply by Korey Humphreys on 3/16/07 1:03pm
Msg #180218

Nancy

I talked to my attorney and was told not to worry about it. When and if the time comes she'll take care of it. (Which she really doesn't have to do much in this case, just verify that I work for her).

Thanks anyway for your help. It was greatly appreciated.

Reply by NancyP/Mass on 3/16/07 2:26pm
Msg #180245

to Korey

Hi Korey,

I got the same feedback from the people I work with. However, I still wanted to call them and make sure I was not part of that suit. Also, when I first started doing the loans I was independent so I wanted to make sure it was not something I had done way back. Even then, I was very cautious in doing only what I was legally allowed to do. At least you feel better after talking to your friend.

So nice to have a couple of people from Massachusetts to be able to talk to. I guess we are a little different from other states.

Is it my imigination or did I detect some smugness from another notary here in Ma? I sue hope not. Well, at least you are nice and friendly.

Thank you for being kind.

Nancy

Reply by Korey Humphreys on 3/16/07 2:52pm
Msg #180252

Re: to Korey

Honestly I didn't see any smugness with Tina_MA. I don't know her personally or anything but I have contacted her a few times for general notary services in her area. She seems very kind also.

Well, feel free to contact me at any time.

Reply by Tina_MA on 3/16/07 12:04pm
Msg #180206

Re: Mass Law

>>>I called the group of attornies [sic] in Boston and informed them that I only did refinancings and debt consolidations. They were not even sure if that should be considered in their suit.<<<

The law in MA states that ALL real estate loans convey property, which means ALL real estate loans must be supervised by an attorney, unless you are an employee of a bank.

All the notaries listed in the suit were snagged due to their conducting loan closings on all loans EXCEPT purchases -- I know this because I spoke with a number of them regarding this suit, and have know some of them for years.

The notaries on the suit were instructed that they must be employed and supervised by a MA bar attorney to conduct any type of loan signing in the Commonwealth of Massachusetts where a mortgage or deed is signed.

To have their names removed from the suit, a few of the notaries are now employed and supervised by an attorney, while others have given up loan closings all together.

Therefore, you are not in compliance with Executive Order 455 (04-04) which states that you must be employed by an attorney.

Reply by Korey Humphreys on 3/16/07 12:10pm
Msg #180207

Re: Mass Law

Right, the Executive Order was clear on that subject. I don't feel bad for the notaries who are being sued because (1) every notary has to follow the law (no one is above it), and (2) the intent of the order to prohibit non-attorney's from conducting loan closings was/is clear.

I think the defendants should be happy that they were all charged with civil crimes.

Reply by Korey Humphreys on 3/16/07 12:12pm
Msg #180208

'civil crimes' LOL you know what I mean n/m

Reply by NancyP/Mass on 3/16/07 12:45pm
Msg #180212

Re: Mass Law

Actually Tina, I do work under an attorney.

Reply by NancyP/Mass on 3/16/07 12:51pm
Msg #180215

What's with the "Attitude"??

Pardon me!

Reply by Tina_MA on 3/16/07 4:20pm
Msg #180260

Re: What's with the "Attitude"??

No attitude, just stating facts to refute your earlier post since it was incorrect.

Specifically you stated that "[Yurko, Salvesen & Remz] were not even sure if [refinancings and debt consolidations] should be considered in their suit. They basically at that time were only concerned about people buying houses and having a notary doing the closing."

I have it in writing (more than nine times) that they are absolutely going after any notary that closes (or witnesses) any real estate loan (i.e. notarizing mortgages and/or deeds) who is not employed and supervised by an attorney.