Posted by walthtz on 10/6/11 11:02pm
Msg #399863

Finger-Printing

For those Notaries that take a thumbprint for your notary journal that does not have the state law to do so; what are you doing now that a couple of companies have sent out a request that the Notary is not allowed to do so?
How do you get around that?
Or are you just ignoring what the company is asking of you?

Thanks
Walter in NJ.

Reply by ME/NJ on 10/6/11 11:17pm
Msg #399864

What company ask?

Not one company in ten years has ever asked for a finger print. Why would you ask the borrower for one in the first place.

Only finger print request I get are from private people which I refer to local PD or a finger print company in Toms River.

Reply by desktopfull on 10/7/11 9:12am
Msg #399899

Re: What company ask?

It's a segement in the journals that you buy now, and many think that you have to fill in every column whether it applies to your state or not.

Reply by GOLDGIRL/CA on 10/7/11 1:01am
Msg #399865

If I'm understanding your question: Recent posts have addressed the issue of certain lenders prohibiting notaries in states where a t-print is not mandated to cease and desist asking/demanding borrowers to leave t-prints in their journal before proceeding with the loan signing. Notaries who demand t-prints in states where the legislature has not addressed the issue are waaay overstepping their authority, anyway, IMO. It's not the notary's call.

If a state does not require t-prints, then why would a notary take the leap and ask for them? And I don't understand why a notary would ignore a lender's request to back off their borrower. Now, if a lender required a CA notary to stop taking t-prints, that's another story, because CA law requires them on Deeds of Trust, as well as certain other documents.

Obtaining t-prints when a state has not given the notary authority to do so is asking for trouble -- and perhaps that's what has happened, given these recent prohibitions from the big lenders .. just guessing, tho ....

Reply by MW/VA on 10/7/11 7:33am
Msg #399881

Follow your state laws. Asking for the thumbprint in a

state that doesn't require it is illegal. IMO, it also could be construed as UPL. This is a definite case where more is not better.

Reply by desktopfull on 10/7/11 9:11am
Msg #399898

If the state doesn't have a law requiring it I see no problem in honoring their request. I had an attorney refuse to give me his thumbprint and not allow his wife, because FL doesn't require it, I let it go.

Reply by walthtz on 10/8/11 7:15am
Msg #399963

I had requested Finger Prints because it was suggested by the NNA & is in the Notary manuals.
However, in NJ. it is NOT the law.
The taking of prints, I feel is a good idea, if you are called into a court. This way you could show that the this is person that came before you, but not being an expert, I am not sure if this would even be allowed.
I also use an electronic notary journal for the last 6 years, but in recent years I started to get complaints of the taking of the prints & the possibly of being uploaded to the net. So since i like using the Electronic Journal, I stopped the asking & taking of prints. I only require a signature.
Also, in NJ, while it is only a suggestion to keep a Journal, it is not the law, but the taking of the information can be very helpful if you are ever called into a court.
As to the letters received, i find this to be an interesting request that companies are requesting this, but as a Notary, how can they ask that?
If they do not want a Notary to prove ID, (which is what a print does) they why do they send a Notary to do this work?
Walt in NJ.

Reply by Linda_H/FL on 10/8/11 9:13am
Msg #399964

IMO they can ask because they are right - if it's not required by your state, the notary is overstepping their bounds by asking for it or requiring it, and this company just wants their notaries to do their job...period. Paper ID (driver's license, passport, etc etc) acceptable by your state, should be sufficient to accomplish the task - proper paper ID does "prove ID" - and unless you have access to the national fingerprint database, a fingerprint/thumbprint does not prove ID to you at all.

Reply by NJDiva on 10/8/11 2:19pm
Msg #399968

"and unless you have access to the national fingerprint...

database, a fingerprint/thumbprint does not prove ID to you at all." No, it doesn't but if you get taken to court by a twin of a signer saying that it wasn't them, what recourse do you have? Your word against theirs? hmmm

I'm surprised you're not getting blasted, Walt (btw, hi! hope biz is well down there).

A couple of weeks ago (was it even THAT long ago?), I said I USED to take fingerprints (basically for the same reason's you did-although I wasn't that specific I guess!!), well this board went crazy with disdain from those with "strong opinions" about following your states guidelines and not doing any more than is allowed (yada yada yada...lol)-not that that advice isn't warranted or ABSOLUTELY right in line. It IS AWESOME ADVICE (and that's not an opinion, that is a given-IMO tee hee) I'm sure a newbie got that message loud and clear. However they were preaching to the choir. I already got that message ions before my post...lol

Ya gotta love this board. As long as you don't take it personally and take it from whence it comes, it's fun to participate and get feedback.

Reply by walthtz on 10/8/11 6:36pm
Msg #399976

Like I said, I no longer ask for one & have not for the last couple of years.
& I do agree, there is a wealth of information & advice out here.
Walt