Posted by NJDiva on 6/20/11 8:21am
Msg #386895

About online notarizations...

I did a closing Friday and the borrower argued with me that online notarization's were legal.

I tried to explain to him the part of the law about personal appearance and the importance in it, but he didn't seem to believe what I was telling him.

I finally just said, that you can use them, but I would be willing to bet that if push comes to shove, it would not stand up in court so the notarization would be worthless.

I guess people think that since it's online, it must be legal. What a shame and a sham!!!!

Reply by Lee/AR on 6/20/11 8:39am
Msg #386896

I can hardly wait for the first really determined guy who has actually gone thru all the procedures needed in VA to comply with their 'new, improved' online notarization law and who now wants to utilize it to sign a loan with online notarizations. And his lender tells him it's unacceptable.

Reply by Linda_H/FL on 6/20/11 8:41am
Msg #386897

Cheryl, I believe NJ has taken a stand on this

Go to your SOS website or even search here...someone may have provided a link to it...

I'd print out that opinion, issued by those in the know in NJ, and carry it with me - that would have been great ammo for this guy's argument.

Reply by NJDiva on 6/20/11 9:44am
Msg #386906

Linda, wasn't that

MI or MN that took a stand?

I'm going to check with the SOS but I don't know...

Reply by Linda_H/FL on 6/20/11 9:48am
Msg #386907

There was a lot of NJ activity...search here

there was a bunch posted...

Reply by BrendaTx on 6/20/11 11:56am
Msg #386920

NJ Notary Association took a stand. SoS has not.

That's how I remember it.

Reply by Linda_H/FL on 6/20/11 12:00pm
Msg #386922

Yes..me too Brenda...but on a positive note?

NJ hasn't amended their notary regulations to allow for the waiver of personal appearance either...so I guess that's a good thing..

Reply by MW/VA on 6/20/11 8:59am
Msg #386898

What's really scarey is the amt. of info on the internet that is false/misleading. IMO, whether the info that NotaryNow puts out is false, there's a lot of people that are going to believe it. Hugh said the other day about being "niave" and another word is "sucker". IMO this definitely applies to what NN is putting out there. :-(

Reply by A S Johnson on 6/20/11 9:31am
Msg #386904

Why and how did this come up???
It is something you do not need to discuss in any way.
My approach is simple, if it comes up with me, it simply, nicely but with authority inform the signer(s):
I've been ask to be met with you in person to I D you and watch you sign these docs.
If that does not end that discussion, it becomes " you need to call your L O".
My job is "I'm a Notary". I'm to met in person with the signer(s) and watch them sign. The End!!!!

Reply by NJDiva on 6/20/11 9:43am
Msg #386905

It was not regarding the documents...

We had already finished the closing. I handed him one of my cards and told him I was a mobile notary and to keep me in mind if he ever needed me.

That's when he mentioned the online notarization's.

I appreciate the heads up! I sincerely do. Thank you, thank you, thank you!!!

Reply by Lee/AR on 6/20/11 10:28am
Msg #386908

Read it & cheer, NJ notaries...

http://www.newjerseynotaryassociation.org/webcam_notary.html

Reply by NJDiva on 6/20/11 10:40am
Msg #386911

Thank you Lee...

As you see, this is from the New Jersey Notary Association which I am a member of. I totally forgot about this. What a great suggestion to print it out and keep it with me. I will absolutely do that.

I got very excited that maybe the NJ SOS had addressed it. However, I can't seem to find anything about it. If you all do, please pass it on.

Reply by Lee/AR on 6/20/11 10:58am
Msg #386913

Re: Thank you Lee...

Ah, well, it's better'n nothing--which is what I'm getting from my SOS.

Reply by NJDiva on 6/20/11 11:15am
Msg #386918

LOL...I hear ya... n/m

Reply by ME/NJ on 6/20/11 12:14pm
Msg #386924

Re: Read it & cheer, NJ notaries...

While I agree with the facts, the group itself consist of 20 people who have to much time on there hands.

The group has an opinion like all of us and they have no legal foot hold in NJ

Reply by FGX/NJ on 6/20/11 12:40pm
Msg #386929

I filed a complaint in Jan. with the NJ Notary Div of the Treasury Dept.
It was bucked up to the DOJ. I follow up on it every month and have tried to get support from NJ Legislators.
This latest reply I received TODAY from Notary Div.

"Here is what I know to date. Our DAG has rendered his opinion (which is unknown to us) and it was reviewed by his Supervisor who concurred with his opinion. However, due to the sensitivity or the fact that it may be considered precedence setting it was pushed to a higher level before being published as a formal opinion. That is where it is currently residing. "

Reply by FGX/NJ on 6/20/11 12:48pm
Msg #386934

FYI
In NJ the Notary Div. is not under the SOS but is under the state Treasury Dept.

Reply by MikeC/NY on 6/20/11 3:49pm
Msg #386955

If I recall correctly, when NotaryNow started with this online notarization nonsense they were only using NJ notaries. They interpreted something in the NJ statutes to mean that it was OK in that state to perform notarizations via webcam; it's unfortunate that the authorities in NJ have not addressed this yet, because it continues to give these people the ability to do things that are illegal in most other states.

As others have pointed out, the opinions of a notary association aren't really worth much - the legal decision has to come from the Powers That Be. There is a post in this thread stating that the authorities in NJ have reached a decision, but aren't ready to release it yet due to the sensitivity of the situation (I may have paraphrased incorrectly, but that's the gist of what I got...). If that's true, I cannot understand the thinking involved. It's a simple question - does "personal appearance" mean a physical presence?

Reply by FGX/NJ on 6/20/11 5:04pm
Msg #386979

Mike
You are correct they only use NJ Notaries.
The NJ Notary acknowledgement clearly states "personally appeared".
When I filed the complaint I thought it was simple ruling, however, no one in the
Notary Div would make a decision and said they needed a legal opinion from the AG,
It has taken 5 months and numerous phone calls to various NJ officials and a number of personal visits to members of the NJ Legislators to get this far.
Maybe this is why they picked NJ.

Reply by jba/fl on 6/20/11 5:23pm
Msg #386982

"Maybe this is why they picked NJ."

There ya go - that appears logical. You might have something there.

Reply by NJDiva on 6/21/11 11:35am
Msg #387080

HEY, HEY!!! EASY THERE JBA! lol n/m

Reply by NJDiva on 6/21/11 11:36am
Msg #387082

sounds like typical POLITICS to me!!! n/m

Reply by jba/fl on 6/21/11 11:54am
Msg #387085

That is what I meant - if officials don't care, it goes

downhill. The NJ notaries who post here are on a slippery, sloping treadmill lacking the guidance of an agency probably underfunded, understaffed, or just not utilizing effectively what they have. Typical bureaucracic thinking.

Reply by NJDiva on 6/21/11 1:43pm
Msg #387108

lol...though I know this isn't meant personally, I can't...

help but feel a twinge of wanting to defend NJ Notaries. However, it has nothing to do with me, I know that...lol...it's the politicians in this state for sure. Christie wants to cut, cut, cut. But he's Republican and that's what they do.

Unfortunately, it's necessary. Don't get me wrong, I support him. He's doing what many others should have done long ago...he's trying to get some type of a balanced budget. But he's a tiger with no diplomacy...lol...he's on a mission. God bless him!!!

I used to be a Dem myself, but, um, er, echem, waaaaaail...what can I say? Companies and business are what make an economy...Gotta keep em here

OOOOPS, this isn't a politics forum...but hey, JBA started it...lmao