Posted by Linda Juenger on 10/6/09 2:56pm
Msg #306377

Anyone else get this and what's your thoughts? Haven't

worked for them in almost 2 years. Guess I'm still in their database.

As you may already be aware notary rules governing journal requirements are made at the state level. And while some states do not require a notary to keep a journal of the notarizations performed others due.

So in an effort to improve the service we provide to our clients we are asking that all notaries that contract with N3, keep a journal of the notarization performed when contracted by N3.

This policy will be effective as of November 1st 2009.

Please be aware that we will also be randomly asking notaries to provide us with copies of their journal entries where allowed by law, for services performed when contracted by N3.

If you have any questions regarding this new policy please email [e-mail address]

Thank you for you cooperation in this matter.

Regards,


N3 Notary
www.n3notary.net
310 SW 4th Ave Suite 825
Portland, OR 97204

Reply by TRG_wy on 10/6/09 3:10pm
Msg #306380

Not yet, but my thoughts are this:

My state does not require but does suggest the use of the journal. I have always used one and for real property I collect the thumbprint also.
As to providing copies - never gonna happen w/o a court order. I protect ALL privilaged client information.

Reply by Yoli/CA on 10/6/09 3:15pm
Msg #306381

Did not receive nor have I ever worked with N3.

Insofar as journal, CA requires it. However, unless they have a court order, I will not provide them a copy.

Just my $0.02

Reply by Patricia/VT on 10/6/09 3:20pm
Msg #306382

Re: Did not receive nor have I ever worked with N3.

As a former California notary, I have always kept a journal. I agree, and absolutely will not provide copies without court order.

Reply by davidK/CA on 10/6/09 3:43pm
Msg #306387

CA rules regarding copies of Journal Entries

"A notary public must respond within 15 business days after the receipt of a written request
from any member of the public for a copy of a transaction in the notary public journal by
supplying either a photostatic copy of a line item from the notary public’s journal or an
acknowledgment that no such line item exists. The written request shall include the name of
the parties, the type of document, and the month and year in which the document was notarized.
The cost to provide the requested information must not exceed thirty cents ($0.30) per page.
(Government Code sections 8206(c) and 8206.5)"
[2009 Notary Handbook, page 10]

So if N3 or any other signing service wants a copy of the Journal entry they must specify the name of
the parties, the type of document, and the month and year in which the document was notarized. Just asking for a blanket "Send us a copy of all the entries resulting from our assignments". or something similar is insufficient.

Reply by Glenn Strickler on 10/6/09 5:06pm
Msg #306406

Re: CA rules regarding copies of Journal Entries

If they meet the specific request requirement, then I think I would add "I will process the request as soon as payment of thirty cents per page is received."

Reply by jba/fl on 10/6/09 8:03pm
Msg #306417

You forgot that postage...add that on too. Or fax fee $1 pp n/m

Reply by A S Johnson on 10/6/09 3:31pm
Msg #306386

In Texas it is a "fee" book not a journal, in other words we are to keep a record of our notary acts with fees charged. We do not have to have to get a sig and we can NOT enter the ID number in this book. I have been getting a thumbprint, but have been advise that the Att'y General is tending towards not allowing that.
We MUST make our book available when requested and must copy it if asked. Understand this is not only the concerned notary act but the page this is on and any and all pages without any concerned entries. It is a public record and the public has access to it.
That said, NOT only NO but HELL NO to" providing it to any party requesting it who is not present when the request is made unless it is rquired by court order and an Texas Att'y General order.
An Aside, how many of us know of notaries in title/escrow/lender offices who don't even follow Notary law/good procedures much less keep a journal.
Again we Notaries are nothing more than "just a Notary" who are nothing to be run over by "people/companies" who are more than likely not even notaries.

Reply by Hugh Nations Signing Agents of Austin on 10/7/09 10:25am
Msg #306463

Texas notaries are required to keep a journal with quite detailed information about each document notarized. It is the one respect in which Texas notary public practices appear to be superior to that of many states. On an admittedly cursory search, I have found no requirement that fees be recorded, though, as noted, that search was not definitive.

Upon request by ANYONE, a Texas notary is required to provide a certified copy of any item from his journal. I do not understand what is meant by the previous poster when he says, "NOT only NO but HELL NO to" providing it to any party requesting it who is not present when the request is made unless it is rquired by court order and an Texas Att'y General order." Obviously, the requestor was present when the request was made. Regardless, there is a statutory obligation to provide copies, irrespective of the status of the requestor.

The signing service whose email prompted this thread specifically noted that it would not request copies of journals unless authorized by the applicable law. Recordation of a notarization in a sequential journal can be evidence of the validity of the execution of a document. A title company, lender or signing service could conceivably be held liable for the negligence or unlawful acts of its agents or contractors in executing dcouments.

Thus it makes sense to me that anyone hiring a signing agent would expect access to the agent's journal, if permitted. A signing agent is hired with the implicit understanding that the notarizations he/she does will be done in accodance with the law. Recordation, where required, is an integral and essential part of that process.

A request for access to the journal is anal, perhaps, but understandable. In an environment in which hiring companies expect entire closing packets to be faxed back, this is just one more anality, and a lesser one at that.

Reply by Vince/KS on 10/6/09 3:58pm
Msg #306389

Kansas "requirement" is like Wyoming - agree with TRG on all n/m

Reply by Sandra Clark on 10/6/09 4:03pm
Msg #306390

Re: Kansas "requirement" is like Wyoming - agree with TRG on all

Virginia "requirement" is like Kansas - agree with Vince and TRG on all. Not gonna happen.

Reply by CopperheadVA on 10/6/09 4:06pm
Msg #306392

Re: Kansas "requirement" is like Wyoming - agree with TRG on all

I use a journal in VA too, even though it's not required. I do not ask for a thumbprint. I get a lot of comments from people, especially real estate agents, that they've never seen a notary use a journal before.

Reply by docs1954CA on 10/6/09 4:12pm
Msg #306394

Just another reason to NOT work for this co.

Comments in signing central aren't too good, looks like they are in the " deadbeat" category.

Reply by JanetK_CA on 10/6/09 5:18pm
Msg #306407

I totally agree!

I can't think of any good reason they would have for needing to see a copy of journal entries, but I can think of several bad ones, especially with the information we are required to collect in CA. It's not their responsibility to ensure that the notary maintains any records, even if their state law requires it, as long as they are a fully commissioned notary. I don't see how this provides better service to their client.

They might be able to provide enough info to make a legal request if copies of the documents come through their hands. (That's bad enough from a privacy/security perspective!) So now that I know there's the possibility of this happening, I won't work for them. Period. (I probably wouldn't have anyway, from what you say is in signing central...)

Reply by pan/nd on 10/6/09 10:18pm
Msg #306428

Re: Just another reason to NOT work for this co.

I wouldn't work for this company BEFORE their latest brilliant pronouncement.

And, I certainly won't now!!!!!

Reply by Cari on 10/6/09 4:17pm
Msg #306397

here are my thoughts from your fellow Chicago notary...

The state doesn't require us to keep a notary journal, but if you do, (like I do), and if you are asked to provide copies of N3's clients entries, then I would require them to send me on their letterhead, a written request which includes the BO names, type of docs signed, month & year they signed, and I would even ask them to cc the BO on the request.

I'd also NEVER surrender my notary journal to ANYONE short of a subpoena & court order.

I haven't done this yet, BUT, never say never...

Reply by Cari on 10/6/09 4:25pm
Msg #306398

Re: here are my thoughts from your fellow Chicago notary...

Okay, so I re-read my post so i just wanted to clarify...if you're asked to provide copies of N3's clients entries, then have them send a written request to you, and ummm, not me... I'm sure you and the rest knew what I meant, but for the sake of 'clarity'....

Reply by Ernest__CT on 10/7/09 12:57am
Msg #306440

Copies of journal entries

Connecticut does not require Notaries Public to keep jounals, but the smart Notaries keep 'em.

In response to a court order I will surrender my journal or make the required copies of entries. That's the law.

In response to a written request _from the person whose signature was notarized_ specifying the complete date (year, month, day) and signer's full name, accompanied by a (postage pre-paid) return envelope and a check for my copying fees, I will send a copy of the specified entries. Companies can get the signer to make the request if they want a photocopy. Only the specific entry or entries will be reproduced, _not the whole page_.

Other than the above, NFW. Get a court order.