Posted by Tess on 3/24/10 4:25pm
Msg #328793

Has anyone seen this? Any thoughts??

http://www.thetitlereport.com/ME2/Audiences/dirmod.asp?sid=8DEFBE0F07E5467499E3D34AB784520D&nm=Daily&type=news&mod=News&mid=1264522F87E648A787659798A5710AA1&tier=3&nid=3B3FF13A74E94E9A99D79ED2BC2423B9&utm_source=vwTTRget&utm_medium=email&utm_campaign=TTR_Wed_Enews

Reply by Donna LaBelle on 3/24/10 4:28pm
Msg #328797

well that is interesting. What is the training that Illinois notaries go through now?

Reply by Linda_H/FL on 3/24/10 4:31pm
Msg #328798

Seeing the NNA involvement makes me cringe.. n/m

Reply by Yoli/CA on 3/24/10 4:34pm
Msg #328799

Agree with Linda H/FL n/m

Reply by bagger on 3/24/10 4:41pm
Msg #328801

Sounds to me like a sales pitch

Reply by Linda Juenger on 3/24/10 4:50pm
Msg #328802

Illinois has NO training at all. All you need is a pulse, a bond and pay the nominal fees and you are a notary. And, you cannot be a convicted felon, be 18 and live in the State of Il.
Should be interesting.

Reply by Notarysigner on 3/24/10 5:10pm
Msg #328803

Sales pitch...all that talk and still didn't say anything...

Reply by droman_IL on 3/24/10 8:36pm
Msg #328822

Definitely marketing. This should've happened June '09! n/m

Reply by Tess on 3/24/10 8:42pm
Msg #328823

Wonder if it’s worth the money just to see how bad they mess with the TC’s minds!

Reply by PAW on 3/24/10 9:11pm
Msg #328828

I got the invite from October Research in my monthly newsletter. Unfortunately, October Research charges for just about everything they do, including webinars. (Usually around $50 for each one, plus more if you want to receive a recording of the webinar.) Their information is generally sound and many, many lenders and title companies do subscribe to them.

Fortunately for us in Florida, employer liability is spelled out in our notary statutes. But, employers typically do not receive any training when they have a notary on staff, so they don't know what they are responsible for and what the notary's responsibilities and authorities are.

Reply by Teresa/FL on 3/24/10 10:53pm
Msg #328844

We are not employees

We are sub-contracted to provide notarial services. I believe this webinar is directed towards companies who have employees who perform notarizations as part of their duties. This would apply to TCs whose escrow officers perform closings as part of their regular work duties.

Reply by Tess on 3/25/10 12:06am
Msg #328855

Re: We are not employees

Yes, but everyone knows how the NNA training is! What will happen if they become the training authority for the TC industry???

Reply by JanetK_CA on 3/25/10 12:56am
Msg #328862

Re: We are not employees

"What will happen if they become the training authority for the TC industry???"

Right! And it's too bad, too! If we didn't know better and could just take this at face value, I'd have to say it's a good thing for higher standards for notary training. So I'll give them props for that -- but funny, isn't it, that what is likely one of their primary sources of income is training notaries?

If they hadn't gone so far off the deep end in the past (imo) with forcing memberships, etc. for things like their BGC, suggested fee schedule, and convincing TCs that their certification was the end-all and be-all and should be a pre-requisite for all notaries, I'd probably be glad about this. In fact, I'd probably count this among the good things they do because higher standards and more education should be a good thing. But based on all the responses here, it has just created another wave of suspicion about what they might try to force upon us next. What a shame!

NNA, see what happens when you betray the trust of your potential client base?? [BTW, for the record, this is all just my humble opinion.]

Reply by PAW on 3/25/10 6:46am
Msg #328869

Re: We are not employees

I agree, Teresa. My assessment of the webinar is the same; for notaries who are employees of some company, e.g., title companies, banks, law firms, etc., not independent, self-employed contractors who offer their services to other business entities.

Reply by James Powell on 3/25/10 7:23am
Msg #328872

Re: We are not employees

http://www.escrowinstitute.org/pdf/09_conf/ProskauerWhitePapr.pdf

Although Vancura does not address the circumstance of independent contractor notaries, the case suggests that an employer has a duty to protect third persons from the potential harm attendant to the job of notarization regardless of whether the notary is an employee or an independent contractor. While general agency law does not confer an affirmative duty on employers to train independent contractors, an employer may be liable under Restatement Agency (Second) § 213 if the employer entrusts a notarial service to an incompetent independent contractor.

Cutter demonstrates that an employer may be liable for failure to train under an agency theory. If fraud results from an improperly trained notary independent contractor, the victim of the fraud will likely file a claim against the employer. Even if the employer ultimately prevails in defending against such claims, it would spend considerable time and energy, as well as financial resources, in order to have the case dismissed. Thus, notary employers should adopt policies to ensure that their notary independent contractors are adequately trained and properly performing their notary services at all times.