Posted by Eonelin on 11/30/13 11:24am
Msg #494490

Slander...

I've been a notary for 10 years. And like many here been burned on more then one occasion. But you got to wonder if the signing companies and owners that are slandered as well if they might be reading this and be thinking of the payday they will get by sueing the notaries who so foolishly put their names, home address and phone on the internet as well as the slander side of it.... Knives cut more then one way.... Watch what you post is all I got to say. Your reputation as a notary is all you got. And do you want to be brought down by the people who burned you for a few dollars??

Reply by MAC/WA on 11/30/13 11:44am
Msg #494494

Slander is spoken defamation; libel is written defamation

Defamation of character is the communication of FALSE information that is presented as fact against a person or entity.

Reply by dgd/CA on 11/30/13 11:49am
Msg #494497

MAC/WA... "like" n/m

Reply by 101livescan on 11/30/13 12:00pm
Msg #494499

There is nothing slanderous about a post that calls a spade a spade.

All information posted here is public information. When an individual files for a "public" corporation and publishes their addresses, officers and directors names, it's pretty much hanging out there for the world to see.

Now, if a company has nothing to hide, they have nothing to worry about, do they?

And to be sure, we're not talking about a "few dollars", we're talking about hundreds of thousands of dollars, all told.

I've been a notary for 40 years, and I've never witnessed such a fury of thieving in any one industry as I have in the signing service segment of our mortgage industry, perpetuated by a bunch of people who probably can't get "real jobs". It's a dirty little secret that some are wishing hadn't been discovered.

This is not meant to brand the 4 and 5 star (and some 3 star) companies in our SC listings, but is certainly addressing the 1 and 2 star, lackluster performing companies we can do without.

Reply by HSH/WA on 11/30/13 12:06pm
Msg #494500

Re: Agree with Eonelin especially

if the false comments are supposed to reflect actual experience with an SS/TC and do not. It's wrong and could be much worse.

Reply by Marian_in_CA on 11/30/13 12:11pm
Msg #494502

Before giving people "legal" advice, I think it is important that you know what you're talking about. Slander is ORAL (spoken) and libel is written. Also, just because a company or person feels as if they were defamed and even goes so far as suing... doesn't mean they'll win.

See: http://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html

In order to win any kind of defamation case, the person suing has to prove the the statement made against them was false. Much of the information posted here is not false. In fact, the stories are numerous and all so similar that it seems silly that people would think anything other than certain stories are true.

Also, most of us aren't stupid. We know to post things for which we have evidence or that are a matter of public record. Let's the Kirkishes/ANS and their bankruptcy issues. Bankruptcy filings (including just about every document filed therein, including where all the money is/was... is a matter of public record. Let's compare statements made in those public records with posts right here at NotRot... and you've got one heck of an issue because the stories are different. One example... in their BK papers they claim to have operated ANS as a sole proprietorship and that there were no partners in the business. Hmmm, that's interesting since right here at NotRot they themselves said there were FOUR owners (partners). So obviously...something is amiss there. By typing this information and posting here, they might get upset with me... they might even think they can sue me for defaming them. Though, at this point, I think that ship sailed months ago. But, could they win a defamation case? No way, and I think it's easy to figure out why. Nothing I said was false and can all be backed up via public legal records or at their own posts here at NotRot.

I have another example. Last year I got a phone call from a lady who demanded that I take down a post here at NotRot because the information was false. She said that her name is showing up in search results and it was hurting her because she now had a "high profile" job, etc, etc. Well, first.. I don't have the ability to remove a post. Second, the only time I would ask for a post to be removed would be if the information actually *were* false. What I posted was 100% accurate from local court records, complete with case numbers for reference. She said her father was a lawyer and she was going to sue me. She was an employee of a notorious signing service and she tried to convince me it was all incorrect. I told her that she could do whatever she wanted, because everything I said was a matter of court record and easily found online in less than 5 minutes. I fpeople are doing background checks on her, it will show up anyway. I told her that she's upset with the wrong people and if the court record was wrong what she needed to do was have her attorney father focus his efforts on fixing the court record. I told her that once that was done, I'd happily post a response here and ask NotRot to remove the original. She agreed. It's a year later and I've never heard back from her. As of this morning, the court record still shows exactly what it did before, too.

It is what it is... if people are upset about it, they need to focus their energy elsewhere, not at the people who are reporting accurate information about their experiences, unpaid invoices, illegal requests and everything else.

As for this:

"they might be reading this and be thinking of the payday they will get by sueing the notaries who so foolishly put their names, home address and phone on the internet "

Well, isn't that interesting? What kind of payday would these people think they're getting? I can't speak for all of us, but I dare say that the vast majority of the notaries in this profession are not exactly wealthy. Most of us are struggling to keep our businesses profitable...thanks in part to those very people you claim are looking for a payday. Stop and consider the irony there for a moment.

Also, as for putting our names and contact information online.... uhm.... first, we are public officials. Our information isn't private anyway. Notaries in CA, for example... every single bit of our contact information is not only available online through the Secretary of State, but anybody can call them up and get our home address just by asking. It's state law. If you want to be a notary in CA, there is no hiding or privacy. Also, we are independent business owners. If we want business from good companies, we have to put our business information out there to be seen. I'm not sure about others, but if I just sat around and hid behind my front door paranoid of being found, I wouldn't exactly have anyone to work for.

Instead, by posting here.... and posting accurate, well researched information, I get plenty of calls from all kinds of people, many of them referrals for work because they remember something I posted. I also refer work to notaries here who I have gained a trust and respect for based on things they've posted or conversations we've had.

If anyone is posting WRONG information or telling LIES... well, that's a totally different issue. But honestly... a lot of the posts here aren't lies. Let the companies reading this use it not as a potential payday (there isn't one) but as a learning opportunity on how to run a respected business. I mean, really... one could find a mile long list of DOs and DON'Ts in less than an hour of searching.

Reply by 101livescan on 11/30/13 12:22pm
Msg #494503

Amen, Sister Marian!

Let's keep things up front, above board and honest. As I re-read all the CYA rebuttals made by one signing service whose staff are always on this forum, lurking, it is clear that the thing they do the best is LIE, LIE, LIE, THIEVE, THIEVE, THIEVE, until finally there's no way to ever take it back. It's hanging out here for the whole world to see. Can't wait for redemption and payback.

Notaries Public and Signing Agents are held to such a high level of integrity and background checking, it's difficult for most of us to swallow when we learn we're working for people who don't operate from that platform at all, never intended to and have taken the $$ and run.

Reply by Doris_CO on 11/30/13 12:32pm
Msg #494504

If you're signing an agreement, such as that new stuff floating around from SPW, be sure to read ALL the fine print. So, even though this couple reported facts that were true, they were still sued. I hope, once this case is settled, the news agency's report the outcome.

http://abcnews.go.com/Business/couple-fined-3500-writing-negative-review/story?id=21018224

Reply by MAC/WA on 11/30/13 12:53pm
Msg #494507

Off OP subject, but attorney's comments have implications:

"Michelman said these companies' terms are so "unconscionable" that a court will likely not enforce them, which often happens when a term is imposed on a party that has no choice but to agree to it.

"So these contracts are 'take it or leave it.' They are not negotiated between parties of equal bargaining power..."

I read somewhere else that a contract without remedy is unenforceable. I haven't see any appeal/grievance process in the new standards.

Reply by MikeC/TX on 11/30/13 5:26pm
Msg #494531

Re: Off OP subject, but attorney

"I read somewhere else that a contract without remedy is unenforceable."

I'm not sure that's correct. There are several required components to a contract, but a specific remedy if it's breached is not one of them.

Reply by MAC/WA on 12/1/13 10:49pm
Msg #494634

At least I'm not pretending to be an attorney... n/m

Reply by Linda_H/FL on 12/2/13 8:47am
Msg #494650

Mike never pretended to be an attorney

Not sure where you got that idea..but he has never put himself out as an attorney at all

Just because someone is knowledgeable and can write professionally - and knows the law - doesn't mean they're pretending to be attorneys.

Reply by MAC/WA on 12/2/13 1:37pm
Msg #494681

No mention of him in my post, no need to defend him n/m

Reply by Marian_in_CA on 11/30/13 1:01pm
Msg #494511

That's a horrible story... and honestly, I think that couple has them by the cajones for violating the credit reporting act. What a nightmare for them. Seems to me... and this is just my gut, completely non-legal, I'm an American Citizen judgement here... but how would those terms of service even be held up in court? Freedom of speech is a constitutional right. It also seems that... given that the company didn't fulfill their end of the bargain, and cancelled the contract...there was no "contract" to enforce.

It's important to note, though, that they have not yet gone to court over it. I'm pretty sure that once it gets there, this couple will win, hands down.

Honestly, that company has probably just shot themselves in the foot by doing this... the publicity alone is going to kill them.

Reply by MAC/WA on 11/30/13 12:55pm
Msg #494508

Quoting the dictionary is not giving legal advice.. n/m

Reply by MAC/WA on 11/30/13 12:57pm
Msg #494509

If talking to me... n/m

Reply by Marian_in_CA on 11/30/13 1:02pm
Msg #494512

No... I was responding the the original n/m

Reply by Molly/Ca on 11/30/13 12:59pm
Msg #494510


LIKE!!!

Reply by C. Rivera Chicago Notary Services on 11/30/13 3:45pm
Msg #494523

A HUGE "LIKE" TO MARIAN'S POST! WELL SAID! n/m