Posted by LisaWI on 5/17/07 1:01pm
Msg #190625

Minnesota Notaries-Help Please

I am being told it is illegal in Minnesota to collect a Notary Fee?? Is this correct?? And if you could please let me know where the source is for this, I would really appreciate the info.

Reply by PAW on 5/17/07 2:49pm
Msg #190640

If it's illegal, then why do MN statutes specify the fees?

MINNESOTA STATUTES
CHAPTER 357. FEES
357.17 Notaries Public
The maximum fees to be charged and collected by a notary public shall be as follows:
(1) For protest of nonpayment of note or bill of exchange or of nonacceptance of such bills where protest is legally necessary, and copy thereof, $1;
(2) For every other protest and copy, $1;
(3) For making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $1;
(4) For any affidavit or paper for which provision is not made herein, $1 per folio, and 20 cents per folio for copies;
(5) For each oath administered, $1;
(6) For acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services;
(7) For recording each instrument required by law to be recorded by the notary, $1 per folio.
HIST: (7001) RL s 2705; 1983 c 175 s 1; 1986 c 444

Reply by LisaWI on 5/17/07 3:24pm
Msg #190646

PAW, I appreciate your response and I agree with you, but what I think this company is trying to tell me is collect a notary fee on the HUD. Im being told this is why Im not being paid for a signing. I was supposed to be listed on the HUD and wasnt. IMO, not my problem, I was hired to do a signing, I did, now I need to be paid. I think since they forgot to put it on the HUD, they think I should wait to see if the borrower will pay. My thoughts are I wasnt hired by the borrower, I was hired by so and so company, they should pay regardless if the borrower is going to pay this or not. Which is what they are doing, asking the borrower to pay this fee. If I was the borrower, I would say no way.

Reply by Stamper_WI on 5/17/07 3:56pm
Msg #190653

I'm confused

What does MN have to do with a WI signing? JoJo had to get a TP license for MN to do signings. I am not sure how madatory it is tho'.

Reply by LisaWI on 5/18/07 8:38am
Msg #190773

Re: I'm confused-Zana

I have a company telling me they cannot collect a fee for notary on the HUD because its illegal to do so in Minnesota. The title company for this signing is in Minnesota. I was supposed to be listed on the HUD, was not, so now I am chasing payment.
The title company doesnt want to pay me because they are stating this was not their mistake and the LO who called me for the appt is ignoring my emails and phone calls.
They are sending a letter to the borrowers to collect this fee because it was supposed to be listed as part of their fees. Has anyone heard of this being done?

Reply by PAW on 5/17/07 7:49pm
Msg #190700

Gotcha. I'm not sure if MN (or any particular state) does not allow for Notary Fees to be listed as a settlement fee, and thus shown on the HUD. Many closings that I've done here usually do not list a notary fee, except on a rare purchase every now and then. The fee is 'buried' in all the other fees the title company charges. So, it may be that in MN, a title company cannot show notary fees as a settlement fee. I submit that over the past umpteen years, the Notary Fee item has always appeared to be high, even for purchases where there may be three or four documents with notarized signatures. And even at $10 per act (what's allowed to be charged in FL), it certainly doesn't add up to what was being reflected on the HUD.

Reply by LisaWI on 5/18/07 8:51am
Msg #190776

Re: I just saw a line.....

on the HUD, line 1106, called a signing fee. Has anyone ever been listed there? In my way of thinking that would be more appropriate for the service that we provide.

Reply by SharonMN on 5/18/07 11:05am
Msg #190801

Re: I just saw a line.....

I've been listed somewhere on a HUD - signing fee line certainly sounds appropriate. Maybe they just don't want to list $150 notary fee when statutory max is $1 per notarization - but I'm not aware of any law that makes it illegal to pay for clerical work. Title could also blend your fee into their charges and then pay you directly. Even if they didn't include your charges on the HUD at all, title can certainly pay you by writing a check out of their general business account.

Reply by LisaWI on 5/18/07 12:09pm
Msg #190821

Re: I just saw a line.....Sharon

Thank you for responding. Im not clear on what is going on except for the fact Im not getting paid as agreed for a signing I did. Miscommunication between the two companies on how I was going to be paid has happened and as a result, neither company feels the responsibility to pay me is the feeling Im getting.
Title comp feels it wasnt their error and the girl who called me from the lenders office for the signing is ignoring my emails and phone calls. Yes, a great big RED FLAG.
I quess I dont understand why Im being ignored except for they dont want to pay me.