Posted by Laura Vestanen on 4/17/08 3:33pm
Msg #243866

Anyone doing Presentment work?

Presentment notary work is a new area for me and I would love to share notes with notaries already doing it.

I would like to chat about the practices of the work and marketing to get more work.

Please send me a private message via NotRot or write to me at:
ProfessionalNotary
@
Yahoo
.com

Thank you!
LauraV

Reply by Tish/CA on 4/17/08 4:11pm
Msg #243873

Laura, I don't know what this area of notary work is but I'm always up for new ideas. Would you explain a little bit more about it?

Reply by Laura Vestanen on 4/17/08 7:19pm
Msg #243895

Presentment work is......

Presentments are like protests.

But presentment work follows a detailed methodology over several months or longer.

LauraV

Reply by Laura Vestanen on 4/18/08 10:19am
Msg #243965

RevMorts by FF

There is a Presentment clause in the Note in the RevMorts I have seen by FF. It is near the end.

The lenders make the borrowers agree that Presentment will not be used as a remedy in the event of conflict.

That caught my eye.

Like other posters, I won't do Presentment work regarding tax evasion. That falls into the category of crazy in my opinion.

But I have been doing Presentment work for some sincere and sharp small business owners. I find the work interesting and lucrative. I am trying to learn more about it.

One poster mentioned Marine Protests. I've done a few of these regarding damage to cargo because of storms at sea. The captain writes a statement, I administer the oath, and he signs it. Routine notary work. One required me to board a huge freighter because the captain did not have the proper Visa to go ashore and travel to a notary.

LauraV

Reply by MistarellaFL on 4/17/08 7:18pm
Msg #243894

Same as notarial protest?

If so, I googled some interesting reading, and this is the tip of the iceberg.
Never had the experience, but would probably want to do this under the guidance of an attorney to begin with...lots to learn.
I wonder if LA notaries would have more experience with this than the rest of us, given their education.

http://www.truthsetsusfree.com/files/NP/Manuals/

http://famguardian.org/Subjects/Taxes/ChallJurisdiction/NotaryCertDefMeth/NotaryCertDefMeth.htm

http://www.suijuris.net/forum/court/11776-true-bill-commerce.html

http://www.the7thfire.com/Politics%20and%20History/a_new_beginning/being_a_diplomat.htm

http://famguardian.org/TaxFreedom/Instructions/0.5CommercialLaw.htm

http://www.clgonline.com/?p=34

Reply by Teresa/FL on 4/17/08 8:16pm
Msg #243901

Wow Misty!

I was just going to google the term and discovered you beat me to it. Lots of reading to do tonight.

Reply by Sylvia_FL on 4/17/08 8:23pm
Msg #243902

Re: Same as notarial protest?

I once checked on protests in Florida and couldn't find anything in the statutes regarding notarial protests. I sent an e-mail to the Educational and Association Director at the ASN (which is headquartered in Tallahassee) and asked them to research this. I got the following response.


With regards to Florida notaries doing protests as part of their notarial
duties; there is a reason you won't find any reference to this practice in
Florida statute. According to the person who drafted the most recent
statute language, it was decided that protests were something a notary
really couldn't do since the notary in most cases wouldn't have enough
information to 'certify' the accuracy of a protest. Employees or officers
of financial institutions would be in a better position to have this
information and if a protest was required, they would be the ones to do it.
The combination of technology and operating procedures in the financial
arena are helping make protests increasingly irrelevant as they pertain to
the average Florida notary.

Reply by Dennis Larson on 4/17/08 9:44pm
Msg #243910

Re: Same as notarial protest?

PAW once told me that in Florida, protests can only be done by civil-law notaries (of which he thought there were only 5 in the whole state). This function is defined in the Florida Statutes, section 118.10(3).

Reply by Sylvia_FL on 4/18/08 7:43am
Msg #243943

Re: Same as notarial protest?

Yes, it is not under the statutes relating to regular notaries.
As of January there were 97 civil law notaries in Florida.

Reply by Vince/KS on 4/18/08 8:08am
Msg #243946

This from page 6 of the Kansas Notary Handbook

"Protest of a Negotiable Instrument"
This notary duty is outdated and is no longer required.

Reply by Laura Vestanen on 4/18/08 10:45am
Msg #243974

Misty's second url is best brief description

Presentments are not Protests. Presentment work is an entirely different process. It is a method of conflict resolution alternative. Arbitration and mediation are two other examples of alternative methods of conflict resolution.

The Presentment process is a method to keep a dispute away from the attorney / court system and off the public record. It keeps a private dispute private. My >>personal opinion<< is the reason FF does not want borrowers to pursue this method for conflict resolution is because puts the borrower and lender on a level playing field - - who has the bigger bucks for lawyers and court trials is irrelevant.

Misty's second url is best brief description.

This url is also good for one aspect of Presentment work. Note the involvement of a bond.
http://www.truthsetsusfree.com/honorDishonorPkg.htm

I don't handle Protests. I don't do Presentment work for income tax evasion. I do Presentment work for sincere and sharp small business owners. The work is very interesting so far.

LauraV

Reply by Teresa/FL on 4/17/08 8:14pm
Msg #243900

I received a call about this last month

but did not know what he caller was talking about, so had to decline the request.

I was in the car on my way to a loan signing, so I didn't get the caller's information to follow up with him later. By the time I got home, I couldn't remember exactly what it was that he had asked about...

Reply by JanetLA on 4/17/08 9:06pm
Msg #243906

Protests in Louisiana

We do in fact have the authority for protests, but in my 10 years I have never done one, never been asked to do one. From what I understand, it is an outdated service here. I have many friends in the industry that specialize in estate planning, real estate, etc but I have not ever met one notary here that has done a protest. I would like to hear about others' experiences in them though. Quite interesting. Thanks for the subject matter. Have a great weekend to all

Reply by Maureen_nh on 4/17/08 10:56pm
Msg #243915

I do have as a JP the authority to do protests, but the prevailing wisdom is to let the lawyers do it.
I really don't want to get mixed up in this unless I have a lot more info.

Reply by Gerry_VT on 4/18/08 7:38am
Msg #243942

Varieties of Protests

Protest of Negotiable Instruments: this used to be used for bounced checks and unpaid debts, but is now antiquated. It is part of the Uniform Commercial Code, but the way this is adopted in each state is a little different, so it might not be in your state's version. If it were ever required, I would leave it to a notary who is an attorney, bank employee, or both.

Tax Evasion Protest: some tax evaders try to extend the concept of a protest as a way to avoid paying their taxes. This sounds to me like a notary to get free lodging in Danbury, Connecticut (the site of a major federal minimum-security prison).

Marine Protest: in the old days, ships would be loaded with desireable cargo and sent to a promising port with no specific customer in mind. The captain, upon arriving in the port, would find a buyer and sell the cargo. The captain might be tempted to pocket all the money for himself and tell the owners the cargo was ruined in transit, washed overboard, or the like. To help combat this type of fraud, a captain who had cargo damaged in transit, or washed overboard, would fill out a marine protest before a notary public as soon as he arrived in port.

Reply by Linda_H/FL on 4/18/08 8:47am
Msg #243950

Re: Varieties of Protests

"Protest of Negotiable Instruments: this used to be used for bounced checks and unpaid debts, but is now antiquated. It is part of the Uniform Commercial Code, but the way this is adopted in each state is a little different, so it might not be in your state's version. If it were ever required, I would leave it to a notary who is an attorney, bank employee, or both."

This is what I was contact to do a bit over a year ago by a guy who claimed to try to help people avoid foreclosure. I'd be the intermediary between the lienholder/noteholder and the party and I'd mail notices to the party and receive responses from the - all done within a certain time frame then submit the results of the notice. All in all, this guy was pretty shady and I wasn't comfortable with him so I said thanks but no thanks. The research I did at the time led me to believe it was a bit more than I wanted to get involved in as a notary - it's been a while but I seem to recall there needed to be some knowledge of UCC laws in order to do this...I said no...