Posted by VT_Syrup on 10/12/12 3:59pm
Msg #438332
Stop work confirmation reply
I'm mulling over a message that could be sent as a reply to a confirmation e-mail, informing the hiring party what requests would cause me to stop working on the order (no printing, no travel) until the issue is resolved to our mutual satisfaction. Some things that come to mind:
A requirement to use an actual fax line, rather than sending images by e-mail
A Louisiana deed with a ne varietur clause
A Virginia note with a notation "This is the note described in and secured by a Deed of Trust dated..." with an indication the notary should perform a notarial act.
An address that cannot be found on the Vermont E-911 online map, or any other map, in conjunction with an inability to contact the signer by telephone.
A document that calls for a notarial act, but there is not enough information to determine which act(s) is/are required. (This one only applies to real estate signings; for general notary work the signer may be able to figure out which one to use and it may be worth a trip if close enough.)
A requirement for a background check, bond, commission number, or e&o insurance as a condition of getting paid.
I'm sure other notaries would have a somewhat different list, depending on their equipment and what their notary laws let them do.
| Reply by MW/VA on 10/12/12 4:07pm
Msg #438337
I don't get it. This is your list of "can't do's". Most of
us in VA sign that clause on the Note all the time. I'm wonder how many signings you'll get with all these conditions.
| Reply by VT_Syrup on 10/12/12 4:39pm
Msg #438343
Re: I don't get it. This is your list of "can't do's". Most of
In Vermont, we don't have to use a seal. So if I sign it and it says "notary public" near my name, it purports to be a notarial act. So it has to BE an authorized act, carried out properly. Now, if it doesn't ask me to do it as a notary, just as an individual, fine, but I don't understand what use that would be to anyone.
If I recall correctly, some VA notes have it, and some don't. No one on the forum had figured out where the requirement came from; whether it was some law that had been passed in VA, or somebody just made it up and it spread. Is that still the case, that we have no idea where this requirement came from?
| Reply by Roger_OH on 10/12/12 5:48pm
Msg #438350
Not an notary act here, either. I do think, though,
that your list of restrictions will get you cancelled more often than not, and they'll move on the the next "more cooperative" notary on their list.
Especially the not having a BGC, that's pretty standard anymore.
| Reply by Pro Mobile Notary on 10/12/12 7:02pm
Msg #438354
Re: I don't get it. This is your list of "can't do's". Most of
MW/VA Your rhetorical question is an easy one to answer.
Based on his post and the conditions he established on his NotRot profile, nobody in our company would ever consider using him or anyone that assumes the same posture.
I intend to use his profile as a a training tool for our schedulers for what is totally unacceptable posturing from a signing agent.
| Reply by VT_Syrup on 10/12/12 7:45pm
Msg #438365
Re: I don't get it. This is your list of "can't do's". Most of
Maybe I didn't word it very well. Not every notary has every type of equipment. Not every notary in every state can do every notarial act. Signing services have a tendency to not mention a requirement while setting up an appointment, and then, after the time it would be good to have started printing the documents, send along a contract laying out various requirements. It occurred to me clients might like to know what a notary isn't able to do, either due to laws or equipment limitations, so there are no last-minute surprises. But Pro Mobile Notary seems to perceive this as posturing.
I really don't want to give the impression I will blow off a job if I don't find it convenient. I would certainly like to find a way around any problems that come up. But some problems can't be solved at the last minute.
| Reply by Pro Mobile Notary on 10/12/12 8:36pm
Msg #438376
Re: I don't get it. This is your list of "can't do's". Most of
I find the NotRot profile of VT_Syrup to be equally bothersome.
I encourage everyone else to look at his profile to find out how a profile will PREVENT anyone from calling you for signing assignments.
| Reply by NVLSlady/VA on 10/12/12 7:24pm
Msg #438360
Gerard, I might simply draft a disclaimer notice and have an atty or valid 3rd party review. I do think it's good to spell things out; generally, the companies I work for have done that, though. So by signing their agreement, I'm held to those terms unless I address it up front.
Conditions for getting paid: well, if they're not asking for those items and use as a condition to withhold earnings later, seems like without a valid contract, not much to stand on
Maybe a handy checklist when called (if we have no relationship with them when they call), "How did you find me?; What items do you need to create a relationship? Do you require a BGC/ Fax-backs? What remedy do you have for late docs?; Who will I be contacting to check on invoices? How do you rate on my notary forum?, and so on . . ."
I think it might help to add mini Terms (TAC) to our profiles. Say what we WILL do vs. "stop work".
p.s. As for the Note, I include a statement about why my ack is attached and NOT by notarial seal on my self-imposed audit form
| Reply by NVLSlady/VA on 10/12/12 7:26pm
Msg #438362
correction: "and NOT My notarial seal" n/m
| Reply by VT_Syrup on 10/12/12 7:47pm
Msg #438366
Re: correction: "and NOT My notarial seal"
I'm not exactly sure what you mean, but in my state, no seal is required, so I can't turn what would have been notarial act into a personal signature just by leaving off my seal.
| Reply by MW/VA on 10/12/12 7:55pm
Msg #438368
I think the saying goes, "the devil's in the details". VA
didn't REQUIRE a notary seal, but I always used one anyway. We also weren't REQUIRED to keep a journal, but many notaries do. Sometimes the problem is in taking things too literally. You might want to read Brenda's recent post in msg. 436507. It says a lot about how blown out of proportion the fear factor has become for notaries. Not saying you want to break your state's laws, but I think you need to find some level of confidence in doing this job.
| Reply by MW/VA on 10/12/12 8:17pm
Msg #438372
By "seal" I really meant "stamp". We use an inked stamp
these days as the industry standard. I bought an embosser, but have rarely used it.
| Reply by NVLSlady/VA on 10/12/12 8:03pm
Msg #438370
(Oh boy, thoughts get really mussled up don't they)
By seal, I meant No Stamp (and by Stamp, I meant NO signature either).
(Is "mussled" a word?)
| Reply by NVLSlady/VA on 10/12/12 8:07pm
Msg #438371
Re: (Oh boy, thoughts get really mussled up don't they)
Gerard, I was just laughing 'cause I had this same confusion on the coffee site, Remember?
We have to have our "seal" on our stamp here (:
| Reply by VT_Syrup on 10/12/12 8:21pm
Msg #438374
Re: (Oh boy, thoughts get really mussled up don't they)
What I'm really getting at is I don't want to invent a notarial act that doesn't exist in my state. So if someone wants me to certify, while using title notary public, that a certain note goes with a certain deed, that isn't a recognized act in my state. I can sign it if it doesn't mention I'm a notary. I can take an acknowledgement of the signer for the note. Just as long as when I say I'm a notary, I'm doing something a notary can do.
| Reply by NVLSlady/VA on 10/13/12 4:33am
Msg #438400
"squidding out of control" is Right!
**while using title notary public, that a certain note goes with a certain deed, that isn't a recognized act in my state**
And your fine state is NOT alone (:
What IS clear is that there will likely be no agreement on this issue; and I don't know if the debate will ever end (but isn't it nice for once to "have the floor" over CA?)
(Like L. Hubbell wrote, " this subject has been chewed and spit out . . ." also see Msg #92401)
| Reply by HisHughness on 10/12/12 10:30pm
Msg #438385
Re: (Oh boy, thoughts get really mussled up don't they)
***(Is "mussled" a word?)***
I was going to just clam up and keep quiet like the conch potato I am. However, since this thread appears to be squidding out of control, I didn't think I'd be abalone if I noted that some people get kinda crabby about made-up words, but not me; in fact, they krill me. They even warm the cockles of my heart. However, I'm not going to crawfish out of it: No, "mussled" is not a word. Oystered, on the other hand ...
| Reply by NVLSlady/VA on 10/13/12 4:39am
Msg #438401
"abalone"? need to go get my dictionary . . .
Or make up some more words . . . write a jingle . . . warm some chocolate "cockles" in the oven . . . Or just GO TO SLEEP
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