Posted by Linda_H/FL on 5/19/11 9:47am
Msg #383665

Webcam Notarizations in FL

I wrote to FL SOS the other day asking if they'd taken a stand on this matter in light of that "company" and the new VA law...here is the response I received a few minutes ago...

"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement.

The Governor’s Office does not issue legal opinions; the Florida Attorney General’s Office issues opinions. "

I will be drafting a letter to the FL AG and forwarding it to them for response. But for now, there you have it for Florida - "..there are no exceptions to the presence requirement"...

Reply by Colleen Martin on 5/19/11 9:49am
Msg #383667

sounds good to me. i wouldn't fee comfortable doing that anyway :-)

Reply by PAW on 5/19/11 9:55am
Msg #383668

See FL Attorney General Opinion 92-95

http://myfloridalegal.com/ago.nsf/Opinions/637F56500850FAC1852562A8004A33A9

Reply by Linda_H/FL on 5/19/11 10:01am
Msg #383669

Re: See FL Attorney General Opinion 92-95...??

I was looking for something a little more current than 1992 - and more on point with the "webcam notarization" issue. Other states have gone on record about this and was hoping Florida would say SOMETHING about it...

Reply by PAW on 5/19/11 10:06am
Msg #383675

Re: See FL Attorney General Opinion 92-95...??

The AG office will probably refer you to this Opinion. At least, that's what they did when I inquired.

Reply by HisHughness on 5/19/11 10:04am
Msg #383672

PAW's back! Everybody can breathe again. n/m

Reply by PAW on 5/19/11 10:08am
Msg #383678

I'm breathing again.

Just living up to your expectations. LOL!

Reply by Linda_H/FL on 5/19/11 10:09am
Msg #383679

Welcome back, Paul - you've been missed...:) n/m

Reply by PAW on 5/19/11 10:13am
Msg #383680

Re: Welcome back, Paul - you've been missed...:)

Thanks. I guess losing that weight paid off. No one could find me. <BG>

Reply by FlaNotary2 on 5/19/11 10:06am
Msg #383676

The AGO will not respond to requests from notaries

Any questions regarding notaries must come directly from the agency responsible for notaries ... the Governor's office.

Reply by Linda_H/FL on 5/19/11 10:07am
Msg #383677

Yeah, well, the Governor's office referred me to the AG!!

Lovely circles we dance in here...

Reply by PAW on 5/19/11 10:18am
Msg #383681

Re: The AGO will not respond to requests from notaries

You can contact the SOS's General Counsel. I've had more success getting answers there than with the AG's office.

"The Office of General Counsel provides a broad range of legal services to the Department of State. These services include, but are not limited to, providing legal advice and counsel to departmental managers regarding policy matters, the issuance of written legal opinions, and the drafting and review of contracts, leases, administrative orders, rules, grant agreements, agency final orders, and proposed legislation affecting the department. The office also provides advice, oversight and representation with regard to departmental litigation."

Reply by NJW/FL on 5/19/11 11:18am
Msg #383686

I had a borrower tell me yesterday that her lender offered her re-fi signing to take place via Skype. She did not get more info on the process because she did not want to deal with the complications of a computer as she put it. Interesting. Anyone know anything about that process???

Reply by Linda_H/FL on 5/19/11 11:25am
Msg #383687

Sounds a bit like the webcam ones...

No notary in Florida can conduct that type of signing - they'd have to meet personally with the signer for the notarized docs.

Curious...who's offering those "Skype" closings?

Reply by PAW on 5/19/11 11:26am
Msg #383688

Skype is nothing more than a 'personal' video conference ...

... device. But, not all Skype users have both video and audio, but there are some. I use Skype to talk with my international clients. It's okay, not the best, but works for my needs.

Reply by LisaWI on 5/19/11 12:03pm
Msg #383691

Re: Skype is nothing more than a 'personal' video conference ...

Couldnt this be something along the lines of the LO and borrower going over the docs via Skype, but a notary would have to be present to notarize the applicable docs? No different than the loans that were done over the phone with the borrowers, but a notary had to be present for the notarizations. I cant remember the company that was doing these, but I remember doing a couple signings this way.

Reply by NJDiva on 5/19/11 12:57pm
Msg #383705

What Lisa Said...

I immediately envisioned what you said before you said it Lisa; it sounded to me like it would just be the LO giving a description of doc's and numbers along with answering any questions. I just presumed that the notary would still be required.

I would LOVE this! It would make it so much EASIER; IMHO.

Reply by MW/VA on 5/19/11 1:25pm
Msg #383712

I wonder how that will impact our profession & fees. If we

aren't acting as NSA's, then the only charge could be for the notarizations. I don't know that it would be worth my time to sit through a LO doing the signing.

Reply by MW/VA on 5/19/11 1:26pm
Msg #383713

PS, also suppose we still need to print docs, etc. n/m

Reply by Linda_H/FL on 5/19/11 1:30pm
Msg #383715

I'd ask that they have the docs on top that need

notarization, I'll come in and do my thing and the LO can complete the rest of his spiel without me there...AND I'd be leaving the return envelope and shipping label for the borrower to drop off...

I agree, no need for me to sit while someone else does the closing. Unless they want to pay an hourly fee for me to sit and do nothing but listen.

Reply by LisaWI on 5/19/11 2:47pm
Msg #383726

Re: I'd ask that they have the docs on top that need

The ones I did, the docs were sent to the borrowers. I was scheduled to be there after the LO had done their thing. I came in and just did the docs to be notarized. It was quite awhile ago I did this, but I do remember it was quite simple. The nice part was, there werent any questions in reference to the loan. By the time I got there, they were good with the terms and just wanted to finish up.

This was probably my first year of doing signings and I dont remember if I gave a discount or not. I may have as I dont think I had my all inclusive fee established until a couple years later.

Reply by C. Rivera Chicago Notary Services on 5/19/11 5:39pm
Msg #383765

NJW/FL....What's the name of that Lender?? n/m

Reply by NJW/FL on 5/20/11 7:32am
Msg #383812

Re: NJW/FL....What's the name of that Lender??

The lender is US Bank. The borrower was not clear on what it involved.