Posted by snoopdogMs on 9/1/07 11:40am
Msg #209033

The illegal unlicensed Maryland notary

Certainly this notary is going to pay her dues according to law. But this whistle-blower might should have checked MD's laws concerning her solicitation of asking someone to engage in an illegal act knowing she was illegal. According to a MD attorney "to be convicted of the crime of solicitation the state need merely show that the person charged asked another person to engage in an illegal act". Those e-mails asking the illegal notary if she might be availble for purposes of entrapment may nail the coffin on the whistle-blower if Ms.C. hands them over to a D.A. or the MIA. You never know where whistle blowing can wind up as the blower is affecting someones future and it is serious business. The penalty for solicitation is 1 year in jail and a fine, the jail time usually waived if first offense. But it goes on record and probably the loss of her commission. Perhaps this blower should have just called and been up front otherwise her end may be worse than the illegal notary.

Reply by BrendaTx on 9/1/07 12:31pm
Msg #209045

I went back and re-read that thread you have decided to bring back up to the top of the forum, snoopdogms.

The question posed to the non-tpl notary was hypothetical...."IF there's overflow, do you want it." Not, "There IS overflow, do you want this job right now." The person asking also has no legal standing. My opinion on your research findings is that as wishy washy as MD is about the tpl, I would think they'll be just as wishy washy about possible entrapment (according to your research of the MD law).

I don't ever take the time to read the law books unless it is a Texas matter and could possibly pertain to me in some distant future. Interesting that you did for a MD situation totally unrelated to you.

Reply by snoopdogMs on 9/1/07 1:16pm
Msg #209050

It took all of two minutes on google to check the law as I have an investigative mind. Frankly how the law might interpret what occured here would be in the professionals court if it went there. Are threads closed subjects and is there thought police about one's thinking on a matter regardless of whether it is in Md or another state?

Reply by BrendaTx on 9/1/07 1:49pm
Msg #209055

**Are threads closed subjects and is there thought police about one's thinking on a matter regardless of whether it is in Md or another state? **

I am a certified, licensed and duly registered international thought policewoman, thank you very much.

Reply by NCLisa on 9/1/07 3:48pm
Msg #209073

She did not entrap anyone! She also wasn't 100% sure that this person didn't have her TPL. There is usually a lapse of time in a goverment office giving someone a license, and that license info being availble on a website. Never met a government entity that was fast!! She asked if there was a possibility that they could work together in the future, overflow etc, then asked the notary to produce documentation proving that she was legal. The notary did not fall into a trap, she plainly stated that she did not have a TPL, she wasn't legally performing closings in MD.

Reply by WDMD on 9/1/07 3:56pm
Msg #209074

"There is usually a lapse of time in a goverment office giving someone a license, and that license info being availble on a website. Never met a government entity that was fast!!"


Actually, in my case when I first got my TPL that is how I found out first. I went to MIA website and my name was already there before they even notified me.

Reply by snoopdogMs on 9/1/07 7:27pm
Msg #209096

Read the #208717 message again. The second sentence said "There is a lady here that is not licensed. She even ran her name with the MIA. and came to the conclusion that she did not have a license. Again "There is a lady here that is not licensed." Why on Gods' green earth does a notary e-mail an unlicensed notary and ask her if she wanted any "overflow" when she has already checked her lack of credentials. The notary offered her something because she thanked her for the opportunity. A solicitation is an offer to do something illegal any way you want to slice it. I showed this #208717 to my husband and a friend and asked them both what they saw in this thread without a hint of why I was asking. They both saw what I saw.

Reply by Loretta Reed on 9/1/07 8:52pm
Msg #209106

Re: snoopdogMs is missing the whole point....

Hold on, what is your problem? The notary is not advertising on NotRot, she is advertising as a signing agent on another site. She is listed on a website that tells you how to find a notary in your particular area and that is soliciting business from title companies that find her name when they do a zip code search on another site. I personally would have no reason to believe that someone is not licensed when they are advertising to provide a service. Are we missing the whole point here? You are not in Maryland so why are you so worried. The MIA contacted another notary here that had themselves listed as doing signings in Maryland and told them to stop advertising something that they were not licensed to do. She admitted that she does closings and is looking for more work.

I did not solicit this notary, a friend of mine sent her an email. I did not run her name with the MIA, my friend did. THe MIA has the email with her info and will act accordingly. If they choose not to act, then that is their choice. One day, someone will have a "beef" with either their lender or the title company and when attorneys start picking away about a lender to get out of their mortgage and find out the notary was not licensed, then they (the non-licensed notary) will have to deal the hand they are dealt.

What are you trying to prove? No one trapped her. The conversation with her ended by the notary saying that she was not licensed but had "thought about it". She knows she has to be. She was asked if she had her T.P.L. There is not one notary here in Maryland that doesn't know you have to be licensed to do closings. Every underwriter and their mother want a copy of the t.p.l. when you send your w-9. I had a scheduler at Lenders First Choice tell me that is it okay to not be licensed and do a closing here. That was 6 months ago. I don't play with deadbeats so they don't call me. I know what monsters I am dealing with in Maryland, ask anyone from Maryland on here the crap we get and excuses to backdate. What about if she had been asked to backdate and said she would, she's knows it is wrong, but she had thought about it. Is that entrapment?

That would be like telling an undercover cop to stop selling crack on the street corner because it is entrapment. It doesn't work like that.

Done, over. Pick, pick, pick. It is what it is.

Reply by BrendaTx on 9/1/07 8:58pm
Msg #209110

LOL...I knew that was coming Loretta...I just wondered when.

**What are you trying to prove?**

Exactly. That intrigued me also...but then it seemed like I was the "thought police" for being curious (forget that snoop is being curious!) about why she'd even care...so I "owned it" ... now if only snoop would "own it" ...whatever it is that she is, including that she's so curious that she's got her spouse AND a friend reading over the posts here to justify her indignation....about what? Seems like nothing more than pick, pick, pick...just like you said.

Reply by snoopdogMs on 9/1/07 7:31pm
Msg #209098

The message from me posted at 7:27 pm was a reply to Lisa , not WDMD. Put it in the wrong slot. Should have been here.

Reply by firegirl on 9/1/07 1:22pm
Msg #209051

It seems to me the actual contact with the offending party is probably not even necessary. You can very easily go to the MIA website and check to see if a person is licensed. You can also pretty easily go to the courthouse and look up any DOT's that they may have notarized. This doesn't really prove anything though, as an unlicensed individual can work under an attorney or title producer. If it were brought to the attention of the MIA I guess they could sort all that out.

It does bring up some interesting questions and I am going to look into this further.
Dawn

Reply by Loretta Reed on 9/1/07 1:51pm
Msg #209057

This is what I think the MIA should do...

with everyone listed on notary boards that advertise themselves as a notary that does signings in Maryland (can't speak for any other state). Notice I did not say every notary because I don't believe that every notary does signings. Notaries are and should be upstanding citizens that are an impartial witness to a transaction. They should contact the notary that is advertising as a signing agent and ask them if they do signings in borrowers homw.

No one ever trapped this girl into saying that she did closings unlicensed. They merely asked her if she would be interested in any "overflow" that may happen. The person that asked her the question has forwarded the original email and response to the MIA. Actually, the MIA has already contacted one notary in the area, by phone, and informed them of the law.

I don't care if there are 50 notaries in my area that do closings. Free enterprise, do what you want, all I am asking is that they take the necessary steps to become properly licensed just like every other t.p.l. here in Maryland has done.

Reply by Loretta Reed on 9/1/07 1:52pm
Msg #209059

one more thing, snoop....

the only people that should be worried about this are the notaries that are acting against the laws here in Maryland. The rest of us licensed professionals have nothing to worry about.

Reply by Alice Jones on 9/2/07 2:35pm
Msg #209163

I am a licensed Title Insurance Producer/Notary in Maryland and when I check the NNA notary directory to fine a notary in my county, I see that they list notaries that state " have lazer printer, available 24/7 and counties they serve for closing," but do not state they have TPL. What are they(NNA) saying?
Often, I ask signing agency when the tell me I am charging too much, are the seeking notaries with TPL, they refused to answer or state they did not know about the law.

Reply by MikeC/NY on 9/1/07 10:17pm
Msg #209119

You really need to look up the definition of "entrapment"

Asking someone if they're willing to do something illegal is not entrapment; inducing someone to do something illegal when they are initially unwilling to do so MAY be entrapment, but even then it's generally a defense against actions by police or other government officials rather than against private citizens.

You might also want to check on the definition of "solicitation". Asking someone whether they're willing to do something illegal doesn't mean you're soliciting an illegal act; asking them to actually PERFORM the illegal act is a different story.

I really think you're over-reaching here - all the original poster said was that her friend emailed a notary asking if she was willing to do work that the notary apparently knew she couldn't legally do. How is this any different from someone sending an email asking if she would be willing to backdate a document? If the notary is dumb enough to say "Yeah, I could do that" - in writing, no less - well, you can't fix stupid...