Posted by Howdy/LA on 1/7/08 8:45am
Msg #229191
Closings in Georgia
I understand that to conduct a closing in Georgia that a non-Georgia owned firm is practicing law without a license if it recruits attorneys to handle closings. Only a Georgia-owned law firm can recruit other attorneys.
Title examination, trust account, recruitment, title search, and closing must be conducted by a Georgia attorney for both in-state and out-of-state properties when the closing occurs in Georgia. Loan companies, title companies and recruiting companies are liable for violations.
I have heard that The State Bar of Georgia is aggressively prosecuting for violations.
What do you hear about this?
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Reply by jac_il on 1/7/08 9:51am
Msg #229201
if you are in LA why do you care?
Let me ask you a question how do you feel about back dating a document?
Being that LA is not even touching the state of GA why do you give a rats a** about it. Go back to deleting all your messages on 123 for ALL your ID's. How many alias do you have there? How many here? I know GA/Atty is one of them.
I smell a rat. Further I smell a rat who is just trying to fan the flames............
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Reply by jac_il on 1/7/08 9:58am
Msg #229203
Howdy Doody may be a more appropriate name for you n/m
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Reply by Sylvia_FL on 1/7/08 10:05am
Msg #229205
Re: if you are in LA why do you care?
Although his forum alias is Howdy/LA it gives his location as GA And being in GA he ought to know the answer to the question he is asking - especially if he is a GA attorney
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Reply by Howdy/LA on 1/7/08 10:28am
Msg #229215
We should all care about every state where we do business... n/m
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Reply by dickb/wi on 1/7/08 8:22pm
Msg #229383
we notarize accordint to OUR STATE LAWS not yours....... n/m
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Reply by Howdy/LA on 1/7/08 8:53pm
Msg #229390
Re: we notarize accordint to OUR STATE LAWS not yours.......
...simplistic view and a non sequitaur. Notarization is not the same as closing in the view of a great many individuals...
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Reply by Sylvia_FL on 1/7/08 9:45pm
Msg #229402
Re: we notarize accordint to OUR STATE LAWS not yours.......
But, we don't conduct "Closings" We take documents out, make sure they are signed correctly and notarize according to our state laws.
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Reply by Howdy/LA on 1/7/08 10:12pm
Msg #229408
Re: we notarize accordint to OUR STATE LAWS not yours.......
So, that is all the process is to you...
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Reply by Howdy/LA on 1/7/08 10:13am
Msg #229209
What are your thoughts on these rules? How do you comply with them? Do we need stronger enforcement and criminal prosecution?
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Reply by jac_il on 1/7/08 10:15am
Msg #229210
well apparently I hired you and you backdated the documents.
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Reply by Howdy/LA on 1/7/08 10:22am
Msg #229212
Rules & Guidelines are being violated when folks personalize their grievances in this forum. Personal attacks disrespect everyone in this forum.
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Reply by desktopfull on 1/7/08 10:34am
Msg #229216
Why would anyone else care about Ga's rule & regulations for signing documents? Notaries aren't allowed to preform closings in the state so what difference does it make? We are all located elsewhere and have to abide by our own state statutes. What a foolish question.
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Reply by Howdy/LA on 1/7/08 10:38am
Msg #229217
Why is this question foolish when many on this board do business in multiple states?
Temper your comments to exhibit professionalism and you will have more credibility.
A number of folks on this board do business in multiple states and we need to know the laws in those jurisdictions.
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Reply by Stamper_WI on 1/7/08 11:02am
Msg #229223
What other states allow and do not allow does affect us all. First it alerts us to trends and problems in the field in general. Lawmakers in other states and at the federal level do look at what works and doesn't work in other places.
Secondly, organizations such as the NCCUSL (Unified code) draw from input from sources allover the country to input into their recomendations. This is not limited to lawyers and lawmakers but people in the industries that are affected by the code. Many states automatically vote in the uniform code recommendation into law.
Whether you do business in other states or not you should at least pay minimal attention to whats going on nationwide on more issues than the subprime crash. The number one "blame" for that has resulted in slapped together legislation to protect the consumer. It has also generated another look by the industry itself on proceedures and affiliates involved in the loan process.
Howdy I think you should let folks know your ID as its causing some consternation because you seem to be across county and/or are in GA. Part of framing the answer to a question is the consideration of where you are coming from. Both geographically and methaphorically. We have experienced to many of what is called "trolls" here whose mission is to either stir up trouble or have a vendetta against a member or membership.
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Reply by Stamper_WI on 1/7/08 11:05am
Msg #229224
And...
The majority here do not do business in many states but in the one they live in. Our clients are the ones that do the multistate thing. I don't know if there is a forum for signing services. There are for Title Co's and lenders though
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Reply by Howdy/LA on 1/7/08 11:22am
Msg #229229
Re: And...
We participate on multiple sites...
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Reply by Howdy/LA on 1/7/08 11:21am
Msg #229228
Closings in Georgia and Elsewhere
Stamper, we are a multi-state organization as are others on this message board. I have expressed myself professionally and I encourage others do so as well. There are varying perspectives depending on where you are in the food chain.
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Reply by desktopfull on 1/7/08 3:56pm
Msg #229320
FYI, multiple states do business with us, our notary commissions are only good in the states they are issued, with the exception of 1 state, so therefore, we only need to know the notary laws pertaining to our respective states and their jurisdictions. And if you are a notary you should already know this unless the NNA training you received has become that slipshod. You will not find people answering legal questions for you on this board, they know better. If you need answers to legal questions, then please consult the attorney of your own choosing or research the statues of the respective states you are concerned about.
You continue to show the lack of professionalism, not me, by persisting in your attempt to get someone on this board to furnish you legal advise. Please do, as many on this board have already stated, do the research yourself or hire the proper legal counsel. The only persons credibility on this thread that is questionable is yours.
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Reply by Howdy/LA on 1/7/08 4:04pm
Msg #229323
Chill out and take life a little bit less seriously and you will have a healthier and happier existence. ;o)
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Reply by dickb/wi on 1/7/08 8:24pm
Msg #229384
shakespear was right,,,"first we shoot all the lawyers"..... n/m
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Reply by Howdy/LA on 1/7/08 8:52pm
Msg #229389
Re: shakespear was right,,,"first we shoot all the lawyers".....
...and spoil all the fun...
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Reply by Sylvia_FL on 1/7/08 9:00pm
Msg #229394
Re: shakespear was right,,,"first we shoot all the lawyers".....
Well, Dick the butcher (the character in Henry VI) actually said "The first thing we do, Let's kill all the lawyers"
Jack Cade was plotting to overthrow the king at the behest of the Duke of York who wanted instability in London so he could come in and save the day!
Cade had a group of followers, Dick the butcher being one of them. As the law would be aainst them, Dick suggested they needed to kill all the lawyers first.
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Reply by dickb/wi on 1/8/08 12:09pm
Msg #229533
and dick came back to say it again..[chuckel-chuckel].. n/m
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Reply by Sylvia_FL on 1/8/08 12:10pm
Msg #229537
Re: He sure did:) LOL n/m
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Reply by Howdy/LA on 1/8/08 12:17pm
Msg #229541
He's so fine.... Laugh and play... You're so fine...
(Do-lang, do-lang, do-lang)
(Do-lang, do-lang)
He's so fine
(Do-lang-do-lang-do-lang)
Wish he were mine
(Do-lang-do-lang-do-lang)
That handsome boy overthere
(Do-lang-do-lang-do-lang)
The one with the wavy hair
(Do-lang-do-lang-do-lang)
I don't know how I'm gonna do it
(Do-lang-do-lang-do-lang)
But I'm gonna make him mine
(Do-lang-do-lang-do-lang)
He's the envy of all the girls
(Do-lang-do-lang-do-lang)
It's just a matter of time
(Do-lang-do-lang)
He's a soft [Spoken] guy
(Do-lang-do-lang-do-lang)
Also seems kinda shy
(Do-lang-do-lang-do-lang)
Makes me wonder if I
(Do-lang-do-lang-do-lang)
Should even give him a try
(Do-lang-do-lang-do-lang)
But then I know he can't shy
(Do-lang-do-lang-do-lang)
He can't shy away forever
(Do-lang-do-lang-do-lang)
And I'm gonna make him mine
(Do-lang-do-lang-do-lang)
If it takes me forever
(Do-lang-do-lang)
He's so fine
(Oh yeah)
Gotta be mine
(Oh yeah)
Sooner or later
(Oh yeah)
I hope it's not later
(Oh yeah)
We gotta get together
(Oh yeah)
The sooner the better
(Oh yeah)
I just can't wait, I just can't wait
To be held in his arms
If I were a queen
(Do-lang-do-lang-do-lang)
And he asked me to leave my throne
(Do-lang-do-lang-do-lang)
I'll do anything that he asked
(Do-lang-do-lang-do-lang)
Anything to make him my own
(Do-lang-do-lang-do-lang)
For he's so fine
(So fine) so fine
(So fine) he's so fine
(So fine) so fine
(So fine) he's so fine
[Fades]
(So fine) oh yeah
(He's so fine) he's so fine
(So fine) uh-huh
(He's so fine)
He's so fine.....
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Reply by Howdy/LA on 1/7/08 11:28am
Msg #229230
Closings in Georgia
This was the original question and an important one to prevent the Unauthorized Practice of Law by notaries, title companies and loan officers and companies.
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Reply by Stamper_WI on 1/7/08 11:38am
Msg #229233
Perhaps you should ask this of anyone of an overwhelming number of attorneys listed under "find a Notary" on this site. A cursory glance will give you any number of those who would know. Since this is a primarily notary site, that may be your best option. Or the Georgia State Bar
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Reply by Howdy/LA on 1/7/08 11:39am
Msg #229235
So, what should the penalty be if lenders are not following the law in Georgia?
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Reply by Stamper_WI on 1/7/08 11:51am
Msg #229237
Rephrase that to " What IS the penalty" and research any convictions the GA Bar is "agressively" going after.
I really am trying to understand you.
Why do you want notaries to give you a legal opinion on whether or not notaries can or cannot witness loan signings in GA without a law degree? Its not what the penalty should be fore breaking law but what it is.
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Reply by Howdy/LA on 1/7/08 12:12pm
Msg #229249
I do not understand your question?
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Reply by Stamper_WI on 1/7/08 12:24pm
Msg #229257
Apparently I don't understand yours. Saying what SHOULD be the penalties for lenders will give you as concise and bankable answer as what should we do for world peace. I think the point is what are the penalties and the answer obviously is not in this forum. I know I am not about to do your research for you and hold up an opinion on that research as a legal one. Take Sylvia's and my advice and do your research on what is the law and its penalties for breaking it. Or get a legal opinion grom a GA Attorney
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Reply by Stamper_WI on 1/7/08 12:25pm
Msg #229260
Oops! Meant Becca's advice, Not Sylvia's
Not that sylvia doesn't give good advice
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Reply by Howdy/LA on 1/7/08 12:31pm
Msg #229270
Re: Oops! Meant Becca's advice, Not Sylvia's
Understood.
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Reply by Howdy/LA on 1/7/08 12:28pm
Msg #229264
Non-Georgia Lawyers Cannot Recruit Closers In GA
I was looking at this today and it looks serious for lenders who seek to practice as law firms in Georgia. Apparently, no non-Georgia law firms can recruit lawyers in Georgia.
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Reply by Becca_FL on 1/7/08 12:25pm
Msg #229258
Don't you understand that your question was even less understandable posted on a notary forum? Jeez!
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Reply by Howdy/LA on 1/7/08 12:28pm
Msg #229265
See my earlier comment.
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Reply by Sylvia_FL on 1/7/08 12:25pm
Msg #229259
Re: Closings in Georgia - Zana
I believe he/she was saying in the original post that only a GA law firm can hire an attorney to do the closings. Believe he is objecting to a title company or lender outside of GA calling a GA attorney directly.
What this has to do with signing agents in other states I have no idea.
If I get called by a title company or lender to do a closing in Florida and the property is in GA, then I am not bound by the GA Supreme courts decision. Their decision doesn't extend to other states, only GA.
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Reply by Stamper_WI on 1/7/08 12:27pm
Msg #229263
Re: Closings in Georgia - Zana
I caught that part. I am hung up on the what should vs the what is thing. Like Becca I don't understand why he's asking us
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Reply by Howdy/LA on 1/7/08 12:28pm
Msg #229266
Re: Closings in Georgia - Zana
I understand what you are saying.
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Reply by Howdy/LA on 1/7/08 12:31pm
Msg #229269
Re: Closings in Georgia - Zana
My research indicates that you are correct that Georgia law requires a licensed attorney to handle the closing for any closing that occurs in Georgia and for Georgia property when closed outside of Georgia. Otherwise, you cannot record the documents without a Georgia-licensed attorney signing off on the documents.
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Reply by Becca_FL on 1/7/08 12:57pm
Msg #229272
Re: Closings in Georgia - Zana
Not true. I have done a few GA property closing here in Florida and did not have any issues with recording. I do recall that the the acks on GA mtgs were funky, though.
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Reply by Howdy/LA on 1/7/08 3:01pm
Msg #229312
Re: Closings in Georgia - Zana
What about the Waiver of Borrower's Rights? That requires the signature of an attorney.
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Reply by Stamper_WI on 1/7/08 12:59pm
Msg #229274
Re: Closings in Georgia - Zana
Does GA not recognize notary seals of other states? I thought all states did.
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Reply by Howdy/LA on 1/7/08 2:00pm
Msg #229302
Re: Closings in Georgia - Zana
Of course they do....
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Reply by Sylvia_FL on 1/7/08 1:00pm
Msg #229275
Re: Closings in Georgia - Zana
Hmm and if the closing is conducted outside of GA, how can a GA attorney sign off on the documents.
I have done closings for GA property over the years and have never had any problems. And I darn sure haven't had a GA attorney with me.
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Reply by Becca_FL on 1/7/08 1:05pm
Msg #229279
I think we have troll w/ an agenda. Check this out
Ethical Notary
116 Posts
Posted - 03/31/2007 : 09:01:13 AM Show Profile Reply with Quote
Non-Georgia-Attorney-Owned Recruiting Firms
Violate Georgia’s Unauthorized Practice of Law Statute
The Official Code of Georgia (O.C.G.A.) section 15-19-51. (a) (5) makes clear that it is the “Unauthorized practice of law … [and] (a) it shall be unlawful for any person other than a duly licensed attorney at law: (5) to furnish attorneys or counsel” for the purpose of closing personal or real property loans within the State of Georgia. Thus, all companies using recruiting firms should beware!
Only companies owned by a Georgia licensed attorney may hire persons to engage in acts that constitute the practice of law, including “conveyancing,” e.g., the transfer or pledge of real property as collateral for mortgage loans.
O.C.G.A. § 15-19-50 (2006) defines the practice of law, and specifies actions that are prohibited as the Unauthorized Practice of Law, including a requirement that only law firms may be involved in conveyancing, e.g., the transfer or pledge of real property as collateral for mortgage loans.
The preparation of court documents, conveyancing; legal instruments of all kinds where legal rights are secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; or any action taken for others in any matter connected with the law.
O.C.G.A. § 15-19-51 states that unless otherwise licensed to practice law, it is the Unauthorized Practice of Law in Georgia to furnish legal services, give legal advice or to furnish attorneys or counsel; or to render legal services of any kind.
O.C.G.A. § 15-19-51 (5) prohibits non-Georgia lawyers from furnishing attorneys or counsel as professional recruiters. It is illegal for a non-Georgia lawyer to recruit or to furnish Georgia-licensed attorneys to render legal services for others within the State of Georgia.
Thus, companies that serve as professional recruiters for title companies, mortgage brokers, and lending institutions are in violation of Georgia’s Unauthorized Practice of Law Statute and subject to criminal prosecution and civil liability in the State of Georgia.
If Howdy/LA aka Ethical Notary is stating that "companies that serve as professional recruiters for title companies, mortgage brokers, and lending institutions are in violation of Georgia’s Unauthorized Practice of Law Statute and subject to criminal prosecution and civil liability in the State of Georgia" isn't he/she actually committing UPL by interpreting GA law and advising others of their unlawful actions?
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Reply by Sylvia_FL on 1/7/08 1:21pm
Msg #229291
Re: I think we have troll w/ an agenda. Check this out
"The Official Code of Georgia (O.C.G.A.) section 15-19-51. (a) (5) makes clear that it is the “Unauthorized practice of law … [and] (a) it shall be unlawful for any person other than a duly licensed attorney at law: (5) to furnish attorneys or counsel” for the purpose of closing personal or real property loans within the State of Georgia"
Hmm, it actually reads:
§ 15-19-51. Unauthorized practice of law forbidden
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4) To render or furnish legal services or advice;
(5) To furnish attorneys or counsel;
(6) To render legal services of any kind in actions or proceedings of any nature;
(7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.
(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.
HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, §§ 9-402, 9-403.
§ 15-19-50. "Practice of law" defined
The practice of law in this state is defined as:
(1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
(2) Conveyancing;
(3) The preparation of legal instruments of all kinds whereby a legal right is secured;
(4) The rendering of opinions as to the validity or invalidity of titles to real or personal property;
(5) The giving of any legal advice; and
(6) Any action taken for others in any matter connected with the law.
HISTORY: Ga. L. 1931, p. 191, § 2; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.
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Reply by Howdy/LA on 1/7/08 1:56pm
Msg #229298
Interesting thoughts, but does that include...
...the judicial decisions and opinions of the State Bar, Attorney General, et cetera. It looks like the writers have informative material for those with an interest in this subject. Thanks for your research.
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Reply by Burton Georgia Loan Closers.com on 1/7/08 1:57pm
Msg #229299
Message Deleted
This message has been deleted by a forum moderator.
Reason: Author Request - Special Exception
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Reply by Howdy/LA on 1/7/08 1:59pm
Msg #229300
Re: I think we have troll w/ an agenda. Check this out
Depends on the sources.
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Reply by Becca_FL on 1/7/08 12:04pm
Msg #229245
A simple answer for you
Read the GA statutes for your answer.
Are you afraid you are doing something wrong?
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Reply by MistarellaFL on 1/7/08 4:22pm
Msg #229329
I spoke to a GA RE att'y today
According to him, non-att'y (TC or NSA) may conduct refi and heloc closings....but any closing that is transferring property must be done by a licensed GA att'y.
I don't know how correct he is, but this is what he told me.
I am not an att'y licensed to practice in any state, blah, blah, blah.
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Reply by Howdy/LA on 1/7/08 4:52pm
Msg #229338
Re: I spoke to a GA RE att'y today
He/She is in error. The State Bar site and an earlier post today reference the problems with closing Georgia or South Carolina properties if you are not an attorney licensed in those states.
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Reply by Sylvia_FL on 1/7/08 5:34pm
Msg #229346
Re: I spoke to a GA RE att'y today
OK hypothetical question.
I have property in GA and I decide to refinance it. I am in Florida so am going to be signing the documents in Florida. Do you mean to tell me that I would have to find an attorney in Florida that is also licensed in GA to come and do the closing and notarize the documents I sign?
I don't think so!!!!
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Reply by MistarellaFL on 1/7/08 5:49pm
Msg #229349
Sylvia, FWIW
We did not discuss out of state closings on GA property...but I would bet that you are 100% correct.
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Reply by Howdy/LA on 1/7/08 7:15pm
Msg #229362
Re: Sylvia, FWIW
I have heard of a great number of phone calls regarding investigations of notaries, loan and title companies that are under investigation for conspiracy to violate state law in regard to closings. Be careful if you have a multi-state practice. You are not shielded from liability by hiring someone else to do your criminal deeds for you.
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Reply by Sylvia_FL on 1/7/08 7:32pm
Msg #229366
Re: Sylvia, FWIW
I don't believe any of the signing agents on this board have "multi-state"practices.
If someone comes to me with documents to notarize and they have identification according to Florida notary laws then I will notarize their signatures on those documents whether they are loan documents for property in Florida, Georgia, Katmandu or wherever. I am commissioned by the State of Florida and I obey Florida laws.
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Reply by Howdy/LA on 1/7/08 5:53pm
Msg #229350
Re: I spoke to a GA RE att'y today
State Bar says only a GA attorney can advise regarding property located in GA.
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Reply by MistarellaFL on 1/7/08 5:55pm
Msg #229351
State Bar says
How can the state bar regulate anything going on outside their state?
That would make it FEDERAL LAW, not state specific law.
Please advise.
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Reply by Howdy/LA on 1/7/08 7:12pm
Msg #229360
Re: State Bar says
State law. Property law is state law. 10th Amendment.
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Reply by MistarellaFL on 1/8/08 3:23pm
Msg #229638
Re: State Bar says
<<<<State law. Property law is state law. 10th Amendment>>>>
No sheet Sherlock...Florida law says I can notarize documents for a GA property.
We don't care about GA law within the state of Florida.
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Reply by Howdy/LA on 1/8/08 3:25pm
Msg #229640
Re: State Bar says
Whatever you do legally or illegally makes no difference to me. I'm not your keeper.... Howdy.
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Reply by MistarellaFL on 1/7/08 5:59pm
Msg #229352
I PM'ed our GA Atty poster for clarification n/m
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Reply by Sylvia_FL on 1/7/08 7:56pm
Msg #229371
Re: I PM'ed our GA Atty poster for clarification
I contacted the GA state bar for clarification
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Reply by Howdy/LA on 1/7/08 8:06pm
Msg #229376
Re: I PM'ed our GA Atty poster for clarification
I have always had great relationships with the State Bars in the states where I have worked. They are very helpful.
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Reply by Sylvia_FL on 1/8/08 10:01am
Msg #229488
Re: I PM'ed our GA Atty poster for clarification
Well, got my response
As long as I am not conducting closings within the state of GA I am fine And as I am not commissioned in GA I don't intend to do signings within the state of GA
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Reply by Howdy/LA on 1/8/08 10:19am
Msg #229489
Re: I PM'ed our GA Atty poster for clarification
Check with the State Bar and that site someone referenced earlier for the best authority. Lots of bad advice out there.
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Reply by Sylvia_FL on 1/8/08 11:08am
Msg #229498
Re: I PM'ed our GA Atty poster for clarification
Howdy
If you read my previous post I said I had contacted the GA state bar for clarification.
This morning I got the response. Are you saying I got bad advice from the GA State bar?????
Under our legal system, a State Court's jurisdiction, in most cases, is limited to acts occurring within its geographic boundaries. The Georgia Supreme Court has jurisdiction to define what actions constitute the practice of law in Georgia but that jurisdiction does not extend to acts carried out in other states. Each individual state has the right to define the "Practice of Law" within its boundaries and those states, such as California, which allow notaries to conduct "Witness Only" closings within their boundaries are not bound by the Georgia Supreme Court's Opinion as to what constitutes the practice of law. It is the location of the closing rather than the location of the property which governs whether the closing must be conducted by an attorney.
Howdy, do not construe this as legal advice from me as I am not an attorney. Please consult your own attorney.
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Reply by Howdy/LA on 1/8/08 11:21am
Msg #229504
Re: I PM'ed our GA Atty poster for clarification
Sylvia, I hang on your every word so I understand your point of view.
Could two individuals, both living in Arizona, enter into a transaction in Florida that would allow conditions, covenants and restrictions that would prevent African-Americans from ever owning property in the State of Florida. Let's assume for argument sake that Arizona did not bar this type of conduct. Ignore for sake of discussion Title VII, and various federal laws. Would the State of Florida allow this out-of-state conduct? No... Broad, sweeping statements can often get you into big trouble.
You do not need to add a disclaimer as there is no attorney-client relationship on this board.
Regards.
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Reply by Sylvia_FL on 1/8/08 11:30am
Msg #229513
Re: I PM'ed our GA Atty poster for clarification
Burton, you are full of it.
Apple and oranges!!!
We are discussing whether I, as a notary signing agent, could be prosecuted for conducting a witness only signing in the State of Florida for property in GA.
You have indicated that I could be. I contacted the GA state bar for clarification and I know now that Florida and other states are not bound by GA Supreme Courts decision on witness only closings.
If you don't like the response I got, get over it.
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Reply by Sylvia_FL on 1/7/08 5:59pm
Msg #229353
Re: I spoke to a GA RE att'y today
However GA state has no jurisdiction in other states, and if I chose to take advice from my attorney who is not in GA what is the GA state bar going to do about it??? Take away his Wheaties??
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Reply by Howdy/LA on 1/7/08 7:11pm
Msg #229359
Re: I spoke to a GA RE att'y today
Do you still eat Wheaties? Thanks for sharing...
The State Bar of ANY STATE will prosecute you just as the State of Florida will prosecute you even if you reside in a different state and you do not comply with the laws of that state. Every state can control actions taken within its borders and can control property located within that state, regardless of the location where the documents are signed.
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Reply by Sylvia_FL on 1/7/08 7:14pm
Msg #229361
Re: I spoke to a GA RE att'y today
No, I don't now or never have eaten Wheaties, Burton.
I will continue to follow Florida laws and if I am called to do a signing for GA property I will do it as long as the signing is in Florida.
Incidentally I do know GA people who have signed their refi papers out of state without the benefit (??) of a GA attorney and had no problems. I do have family in GA.
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Reply by Howdy/LA on 1/7/08 7:17pm
Msg #229363
Re: I spoke to a GA RE att'y today
Wrong name, but that is okay.
I know a lot of people who speed too. Some are pulled over too.
Ignorance of the law is no excuse....
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Reply by Sylvia_FL on 1/7/08 7:36pm
Msg #229369
Re: I spoke to a GA RE att'y today
And of course you should post a disclaimer that your opinions are base on your interpretation of the GA laws, and as an attorney you can not advise us that we are wrong in our interpretation.
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Reply by Howdy/LA on 1/7/08 7:59pm
Msg #229373
Re: I spoke to a GA RE att'y today
No legal advice so no need for a disclaimer... Business Law 101...
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Reply by Sylvia_FL on 1/7/08 8:19pm
Msg #229382
Re: I spoke to a GA RE att'y today
I believe if you are telling someone in another state that they can be prosecuted by GA state for "violating" GA laws - which do not govern other states laws - then that is not Business Law, but borders on legal advice.
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Reply by Howdy/LA on 1/7/08 8:53pm
Msg #229391
Re: I spoke to a GA RE att'y today
Talk to the hand as they say...
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Reply by desktopfull on 1/8/08 1:07am
Msg #229435
Re: I spoke to a GA RE att'y today
Sylvia, since he posts on his blog that he has a J.D. and is a member of the bar in Georgia and California, he really doesn't have to post a disclaimer when he's giving his interpretation of the Georgia laws. Odd that he won't fess up though and continues to hide who he really is from the board.
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Reply by Howdy/LA on 1/8/08 8:52am
Msg #229455
Re: I spoke to a GA RE att'y today
Sounds like desktopfull has a trouserfull this morning. ;o) Pick on anyone you like if you think it is productive to your earning an income. Coffee anyone? ;o)
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Reply by jac_il on 1/7/08 10:44pm
Msg #229418
OH MY GOSH! How many hours has he been posting? n/m
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