Posted by BarbaraL_CA on 3/10/12 9:56pm
Msg #414525

AZ Notary Rules...

As soon as our home sells, we plan to move and retire in Tucson. Now, I can't sit still and retirement is out of the question for me! I plan to continue my notary/loan signing business there. In preparation for this I have been reading the 2011 version of the AZ Notary Reference Guide.

I know the "fees" issue has been discussed a lot, and here is my issue. AZ notary fee is $2 per signature (not much compared to CA $10), BUT... if traveling for notary work you can only charge what the AZ GAO allows you for reimbursement. (we don't get reimbursed, right?), so why can't we charge our own "service fees" or "mileage fees"? Because the AZ Notary Reference Guide says you can NOT charge a "service fee". Now, I googled notaries in AZ and looked at may websites where the notary is charging a service fee (anywhere from $10 to $65 depending on distance). Aren't they then in violation of the "Rules" specified in the Reference Guide? They would be subject to 4 times the fee unlawfully demanded and guilty of a class 5 felony. Am I missing something in the translation?

As for "Loan Signing Fees" this is a separate issue which I can justify because we are "under contract" by a title company, signing company, whatever and get a 1099 at year end.

Can anyone clarify this service fee issue, or can an AZ notary who charges service fees for notary work explain to me how they can legally do that?

Reply by BrendaTx on 3/11/12 6:32am
Msg #414531

I have wondered this for years about AZ. A notary used to write me about her concerns and I think that she finally decided to hang it up. But, SAs have thrived there .

Reply by Linda_H/FL on 3/11/12 8:07am
Msg #414533

Bifurcate the fees? Sounds like you have to split hairs in

AZ....

Barbara Linker, the notary, is regulated on what she can charge for a "service fee", if any service fee can be charged at all .... however, Linker Mobile Notary Services (the business) is able to charge a service fee and/or mileage fees to go to clients - especially when GNW and loan signings are considered separately. IMO, it sounds like the "notary" can't charge it individually - cannot imagine a business is prohibited from charging a service fee.

Just a thought, a guess and MHO

Reply by BarbaraL_CA on 3/11/12 12:05pm
Msg #414547

Re: Bifurcate the fees? Sounds like you have to split hairs in

Well Linda, you have expanded my vocabulary today! Love it - bifucate. What you say makes perfect sense to me, but I would check with an attorney to be on the safe side.

Reply by Linda_H/FL on 3/11/12 1:56pm
Msg #414549

Agree 100% Barb.. n/m

Reply by Shoshana/AZ on 3/11/12 9:14am
Msg #414535

From what I understand, very soon fees are going up to $10. I imagine we will know about that in a few months when the new handbook comes out.

Reply by Linda_H/FL on 3/11/12 9:18am
Msg #414536

Must be nice to get a new handbook every year

I think Florida's was done is 2001 -

Reply by Shoshana/AZ on 3/11/12 9:26am
Msg #414538

Re: Must be nice to get a new handbook every year

They have been making some changes every year. I am thinking that some of the changes come in via the notary requests made through the state run notary classes. I go to the classes 1-2 times a year. Everytime I attend one of these FREE classes, I learn something new.

Reply by MikeC/TX on 3/11/12 4:02pm
Msg #414554

Re: Must be nice to get a new handbook every year

Must be nice to get a handbook at all - NY just provided a compendium of laws related to notaries.

Reply by Sha/CA on 3/11/12 6:46pm
Msg #414560

So Shoshana, how do you charge more? n/m

Reply by Susan Fischer on 3/11/12 11:07pm
Msg #414565

Last printed Notary Handbood: '06. Since, a free download

in PDF from the Website to print at will.

Reply by ArtG/KS on 3/12/12 9:41am
Msg #414571

Re: Last printed Notary Handbood: '06. Since, a free download

In Kansas each notarization is limited. I never itemize notarizations on my invoice. It simply says "Signing Services for" . I dont worry about taking that as a tax deduction because that raises red flags rather than white ones. I am a fee negotiator based business and set the fee when called upon if mileage or other factors cause a need for the "usual" fee to be adjusted.

Reply by ArtG/KS on 3/12/12 10:04am
Msg #414575

Re: bifurcation

As for that word which means to divide or split to two branches, for humor I once said to my sister-in-law who is a high school english teacher, "A bifurcation of a parenthetical expression is an oxymoron". In short, it sent her to her dictionary.

Reply by Susan Fischer on 3/12/12 4:13pm
Msg #414653

Tee hee. n/m