Posted by CopperheadVA on 3/7/12 1:15pm
Msg #414182

Just got a call for a "Notary Presentment" job

An attorney called me today saying that his client had requested me. He said something about loan documents and that they pay notaries $200 per package. So of course that got my attention! Apparently I had notarized for his client last month - this was just general notary work where this person needed a notary, found me on the internet, called me for an appointment, we met at the local Starbucks, they brought their own documents and I notarized for them after they showed me acceptable ID. So come to find out that they have requested that I be the notary for their notary presentment!

The attorney briefly described the process to me, which involves notarizing signatures on additional documents, sending the docs certified mail, the notary keeping a ledger or logbook of all the certified letters (and maybe the replies?), and certifying things that I don't think I am allowed to certify as a VA notary. He mentioned something about the letters asking for the lenders to produce certain documents, such as the Note.

As soon as I caught on to where he was going with this, I asked if the signers were disputing the validity of their loan documents, and he said yes that's exactly right. I knew that I did not want to get involved with this. I thanked him for the call but told him that I am not interested in doing notary presentment work. He seemed shocked that I was declining the work.

The Virginia notary handbook does not mention notary presentments or notary protests at all, and certainly doesn't mention them as an allowed notarial act.

Reply by Roger_OH on 3/7/12 1:30pm
Msg #414183

AKA "Notary Protests"

These go back some 200 years, and were a popular method of debt collection back then.

Nowadays though, they are usually requested by Sovereign Nation advocates, or others who also think that the 16th Amendment is an excuse to not pay taxes. They seek to utilize aspects of the Uniform Commercial Code to try and circumvent debts.

I would strongly suggest not doing anything outside the scope of your state-allowed notary duties, and am glad that you refused anything beyond that. If they want a signature notarized, fine, but delivering envelopes, logging replies, etc are not usually within the statutory duties of notaries in most states that I'm aware of.

These are best handled by a financial person or attorney-notary with solid knowledge of the Uniform Commercial Code.

Reply by MW/VA on 3/7/12 2:08pm
Msg #414190

While the VA Notary Handbook might not cover this, I'm

sure I read an article from that training organization out of Richmond that this is a definite no-no. The same goes for I-9 forms. IMO notaries are being exploited in many of these transactions.

Reply by Shoshana/AZ on 3/7/12 2:52pm
Msg #414200

Do Not Do This!

It is not allowed!

Reply by VT_Syrup on 3/7/12 3:32pm
Msg #414203

The notary presentment/notary protest/sovereign citizen crowd has such a distant relationship with the truth, that I would not believe a person who tried to get me involved in that stuff was really an attorney without positive proof.

Reply by jnew on 3/8/12 10:01am
Msg #414302

Check out the name of the attorney on the State Bar website. You can do these in my state, but I would not do it without a written and signed letter of instructions. The UCC laws have pretty much eliminated the need for this service by notaries. I would treat it as a potential scam.