Posted by SC/CA on 11/14/13 2:36pm
Msg #492744

SOS

I just spoke with the CA Secretary of State and told them that I was tired of XYZ trying to circumvent SOS regulations and that they should make a public announcement reiterating their sole authority over Notaries Public (and not XYZ's !). They said that they did hear about the SPW and BGC, etc. They said “just my opinion” that it “sounds like a racket to get more money and make the title companies go through them (to work with notaries).”

They suggested the following course of action for notaries: 1) go to the CA SOS website (sos.ca.gov) and email them (from the Notary Public section) and make a vendor complaint (XYZ is one of their vendors) 2) email them everything that we have in writing (scan documents, forward emails from SS', SPW website info. etc. any relevant documents) 3) be prolific (the more notaries write the more we will be heard). 4) make sure to include any and all documentation.

They sounded like they really wanted to hear from notaries, and perhaps from other states as well. To put the pressure on and tell XYZ to back off. I told them that this was a national issue and that major title companies were involved and that notaries across the US were affected, and they were shocked at the scope. They were also very shocked at the release form we're being asked to sign. Additionally, communicating to the Secretaries of State in other States could have some effect, as they may feel pressured by an influx of emails and perhaps start communicating their concerns with one another. No-one should put up with this nonsense. Please make your voice heard. Go to sos.ca.gov and email from the notary public section.

Reply by Stoli on 11/14/13 2:39pm
Msg #492745

Great job and great information. Thank you. n/m

Reply by JanetK_CA on 11/14/13 2:54pm
Msg #492751

AWESOME job - and great proactive suggestions!!! Thanks!!! n/m

Reply by CJ on 11/14/13 2:55pm
Msg #492752

Why didn't I think of that? Thanks! I'll call today. :) n/m

Reply by Matt_VA on 11/14/13 2:56pm
Msg #492753

I did this in VA. They completely blew me off. Maybe CA will actually care and protect their notaries. Good job!

Reply by CJ on 11/14/13 3:01pm
Msg #492755

I think if ALL notaries contacted their SOS. . .

Then the SOS would get an idea of the scope of the problem. Call or write or something. I think I will do both. We answer to the SOS, not NNA. They should not have the power do dictate who is qualified to work for whom. Technically, they are also dictating whom the SSs can hire, so maybe the SSs should also complain.

Reply by MW/VA on 11/14/13 3:11pm
Msg #492758

That's because the VA Notary Laws & SOC don't get

involved in the NSA part of the biz. Some would say we need to have CRESPA (or RESPA) as it's now called--basically a Title Producers License. I'm not doing that either.
IMO if VA would recognize us & allow us to obtain a Bond the whole issue would go away.

Reply by Stephanie Santiago on 11/14/13 3:12pm
Msg #492759

How about just rebuffing them....KISS n/m

Reply by KimmyMD on 11/14/13 3:30pm
Msg #492772

Re: How about just rebuffing them....KISS

Funny, I just tried to check out their website and look what I found?


We are currently experiencing technical difficulties and are unable to process your order at this time. We’re working to resolve this quickly and hope that you will come back to place your order with us.

Unfortunately we are also unable to log you into the NNA training center. We sincerely apologize for this inconvenience. The NNA values your business and we know that your time is important.

We will update this page as soon as possible to keep you informed.

Thank you for your patience and understanding.

Please call us for further information or to place an order with one of our Customer Care Professionals.

Reply by John/CT on 11/14/13 3:37pm
Msg #492775

XYZ site down

Been that way for several days

Reply by KimmyMD on 11/14/13 3:40pm
Msg #492777

Re: XYZ site down

I didn't know, Thanks Still with all the hoop-la, makes me wonder

Reply by MikeC/TX on 11/14/13 6:17pm
Msg #492806

Probably overloaded with notaries wanting to complain... n/m

Reply by Linda_H/FL on 11/14/13 3:42pm
Msg #492779

I'm not sure how they are circumventing SOS regulations

I won't be contacting my SOS about this for one very simple reason - they're not telling me I can't notarize or how to notarize -

The hypothetical rebuttal I see to all these complaints to various SOS throughout the country is "we are not interfering with their ability to notarize or the laws that govern that; we are a representative group of lenders and title companies who are only trying to be sure that the end product - our loans - are signed properly and that the notary that we contract with to accomplish that is a professional".

No interference with notarizing - no circumventing regulations - SOS backs off and says "okay, not our problem".

The issue, IMO, goes beyond that - it goes to them interfering with your business and, basically, blackballing you if you're not part of this little approved group. THAT to me is the issue and that goes to your state DA and legislators.

JMO

Reply by MikeC/TX on 11/14/13 6:26pm
Msg #492807

I understand your point, but

the CA SOS has jurisdiction over the NNA, since it's incorporated and doing business in CA. So, complaints about what it's doing probably should be made to the CA SOS, especially since they've now indicated some concern about this program.

Complaints should probably also be sent to the CFPB, which has oversight on the mortgage industry. The URL for doing that is:

http://www.consumerfinance.gov/complaint/

Reply by LKT/CA on 11/14/13 7:05pm
Msg #492813

Re: I'm not sure how they are circumventing SOS

<<<I won't be contacting my SOS about this for one very simple reason - they're not telling me I can't notarize or how to notarize - .....No interference with notarizing - no circumventing regulations - SOS backs off and says "okay, not our problem".>>>

Correct me if I'm wrong but, a week or two ago, didn't someone post something from the SPW guidelines that said that if the borrower refuses to cooperate with a notarization, that the notary is to notarize anyway?

Reply by Linda_H/FL on 11/14/13 7:41pm
Msg #492822

I don't recall that Lisa. Possible. I admit I only

briefly skimmed the guidelines.

Reply by Bob_Chicago on 11/15/13 12:23am
Msg #492847

I believe that the prohibiton was that a notary could not

refuse to notarize if the customer refused to perform an act not required by applicable notary law.)
such a refusing to notarize if the signer refused to sign a journal or provide a finger print when such was not required by applicable law, but was the NP.s personal requirement.

Reply by MAC/WA on 11/15/13 9:32am
Msg #492886

The Code DOES tell you when/when not to notarze

Guiding Principle 2: Notarization (pgs 8-9). Two examples:

2.4 Notary Seal. The CSS will authenticate each notarial act performed on closing documents with the Specialist's Notary seal, even if not require by law.

2.12 Undue Cause for Refusal. The CSS will not refuse to perform a notarial act solely because a signer refuses to comply with a practice that is not a legal requirement for notarization in the Specialist's state or jurisdiction.

Reply by John Tennant on 11/14/13 4:01pm
Msg #492784

Their entity number with SOS is C1243331.

This makes it easier for the California SOS to tie your communication to the NNA.

Reply by SC/CA on 11/14/13 4:15pm
Msg #492788

Re: Their entity number with SOS is C1243331.

Thank you, John !

Reply by MikeC/TX on 11/14/13 6:15pm
Msg #492805

Great job - two thumbs up... n/m