Posted by goodgirl on 9/24/08 7:59pm
Msg #265230

PA & WVA Notaries - Who is Doing This!

During the last couple of weeks, I have received NUMEROUS calls from companies asking me - as a PA Notary - to go to West Virginia and perform Notary work. CONSISTENTLY, I have advised them that PA Notaries CANNOT go to West Virginia and perform Notary work. I have been told "Oh, we have a lot of Notaries in PA who come down here and notarize for us. They tell us that it doesn't matter where they work - they can work anywhere in the United States because they are notaries." My response has been, "Great! If you have PA Notaries who will do that, then, by all means, give them a call! I'm not one of them because it is against the law for me to go into another state - unless I am commissioned in that state - and perform notarizations." I have actually had these kooks get sarcastic with me and make comments like "oh, one of those - an HONEST Notary."
WTF
I am posting this on Not Rot because I am HOPING the PA Notaries who are doing this will take notice and think about the fact that you are giving all PA Notaries a bad name by doing things like this. YOU CAN'T CROSS STATE LINES AND NOTARIZE IN ANOTHER STATE UNLESS YOU ARE COMMISSIONED IN THAT STATE. If you have any questions, go to the PA Homepage and read all the names of all the Notaries who are being disciplined and or losing their commissions for doing stupid things like this. If you still don't believe this to be true, then call the PA SOS or the PA Association of Notaries and hear it from them.
For any Notaries in West Virginia, I suggest you folks get on the phone and start calling lenders and local banks and letting them know you exist! Apparently, there is a lot of work in West Virginia and these LOs can't find anyone to do it for them!!
I apologize for ranting and raving about this, but when I get calls at 9:00pm three or four nights a week asking me to go to West Virginia and notarize loan documents, it gets on my nerves.

Reply by Linda_H/FL on 9/24/08 8:01pm
Msg #265231

Hang on there...one quick thing

"For any Notaries in West Virginia, I suggest you folks get on the phone and start calling lenders and local banks and letting them know you exist! Apparently, there is a lot of work in West Virginia and these LOs can't find anyone to do it for them!!"

WVA is an attorney-only state.

Reply by Michelle/AL on 9/24/08 8:24pm
Msg #265232

I understand your frustration. Really I do.

I found out about a notary - who is also a NotRot member - who peforms notarizations in Alabama and an adjacent state. I was so tempted to report her. However, since I don't know all of the facts I told myself to forget about her and focus on me. Are you 100% that there is no way on earth the other notaries could be doing closings in neighboring states leagally? Linda posted that WVA is an attorney-only state. Could these notaries hold law degrees.

There is nothing in the Alabama notary requirements that says I can't be a notary in two states. TN requires its notaries to either live in that state or do business (have an office). So...I take that to mean that if I really wanted to...I could be a TN and AL notary at the same time.

Do some more digging and make sure that you're correct about your impressions. If you're right...go get 'em tiger! We all like a "level playing field". Well, most of us do.

Reply by Maureen_nh on 9/24/08 8:38pm
Msg #265234

Re: I understand your frustration. Really I do.

I have seen some of the penalties meted out by PA to errant notaries and it appears that the state really goes after them.
I do VT loans if they can't find a notary over there, but I make them come to me.

Reply by sue_pa on 9/24/08 9:19pm
Msg #265238

I am also in a border county. I haven't been asked for a while, but I was routinely asked to go into Maryland. I even lost a client because they wanted me to cover a certain radius but the southern portions were in Maryland. I see PA notaries on some of the sites say they cover Maryland ... I wonder ... Years ago I e-mailed a PA notary and asked how she could go into MD ... never heard back from her but I do see she no longer advertises that. I have had a MD signing service client for years and years. The old owner used to send MD notaries to PA all the time. I know of 2 MD title companies that send employees to PA to close loans ... While I am not positive, I'm 99% positive these people don't have dual commissions.

Reply by LauriecPA on 9/24/08 10:17pm
Msg #265248

I've been asked to go to DE a few times. (DE is an atty. only state.)

Once, when I explained to a woman calling, that it was illegal for me to notarize something in any state except for PA, she said "It's okay to do it if you're notarizing a document for a PA entity."

Oh! In that case, let me run to DE and start stamping, b/c you made up a new rule...

Reply by Ernest__CT on 9/24/08 10:50pm
Msg #265252

Just to pour gasoline on the fire, ...

... an attorney cannot practice law in a state where they are not admitted to _that state's bar_. That means that RI lawyers _cannot_ notarize signatures in CT _unless_ they are also members of the CT bar. (There is a very nice client who sends a very pleasant RI attorney to CT and has me do the notarizing.)

If West Virginia is an attorney-only state, then a PA attorney could not close loans in WV _unless_ said attorney is authorized to practice law in WV.

If WV is an attorney-only state, then WV Notaries can't close loans there at all _legally_, let alone PA-only Notaries!

Good grief! Don't these people understand what they are letting themselves in for?r Loss of commission is the very least of it.

Reply by The Notary National Signers on 9/25/08 7:35am
Msg #265282

Ernest, to my understanding,

WV is no longer an Atty state. Also, a RI Atty can not practice in CT unless admitted to CT bar. However, said Atty can be licensed as a notary in CT. Currently, an Atty is only required for purchases in CT. They are in the works again to try to require an Atty to close all loans per our underwriter. And DE is an Atty only state. Atty must complete all aspects of the loan. However, I believe in Feb, there will be a new provision allowing notaries to complete E-Signings. I don't understand yet how this will work, but I am being told this will be passed. And last, some states do allow dual commissions. If not, the BO can travel over the border, as you know, but the NSA can not.

Reply by Linda_H/FL on 9/25/08 9:41am
Msg #265303

"WV is no longer an Atty state"

What is your authority for this - everything I find says WVA is still an attorney-only state...TIA

Reply by goodgirl on 9/25/08 8:08am
Msg #265284

Thanks for all the good responses. I have been really upset over this situation.
Checking on whether or not WV is an attorney only state is something I'll do later today. That would be a great response to these people who keep calling me.
Several times, I've said to them "Have the borrowers drive up to (whatever town...) that's on the PA side of WVA, and I'll be glad to do it. But, no, they have to have someone go to WVA.
I know an Esq in one state cannot practice law in another unless licensed.
I wonder... Let's say a Notary goes to another state and notarizes docs they shouldn't, and pretends they were in PA - ie: puts a PA county, etc in their notarial wording. (I would hope if they put some town in WVA with a PA notary stamp on it someone would catch it!) Would anyone in the chain of processing these docs even know the person wasn't an Esq...
Would they check... (sorry, no question mark key; cat peed on the keyboard - have to get a new one) How would they know. I wonder if on their notarial stamp it would note that they were an attorney. If not, how would anyone know. It's a conundrum to ponder...
I don't know any attorneys around here who are Notaries. Maybe this is more prevalent in other states, but our attorneys here have Legal Secretaries who do their notarial work and they don't want to be bothered with the required education and cost.
I just don't get these people who put their commissions in jeopardy and make everyone else look bad.
I've been working with a couple out of state cos who do business in this area, and, of course, when I go to someone's home to notarize a contract between the co and the homeowner, I ask the homeowners to see appropriate ID. Constantly, the co reps sort of giggle and say, "Oh, an honest Notary!" Again, WTF... These docs will be recorded and could come back to haunt the co, the homeowner, and me, in the future if they aren't done right. I may not be the smartest Notary around, but I Cover my a$$ for future anticipated problems. Right now, this work is all I have and I will not put myself in a position to lose my commission, or be fined or arrested for something I knew better than to do.
Thanks again everyone.