Posted by 101livescan on 10/9/13 9:13am
Msg #487482

Curious, in your specific state, who can view your journal

contents?

Reply by A S Johnson on 10/9/13 9:35am
Msg #487484

In Texas, your journal is a public record. Anybody can view any/all entries and copy/have copyies made of all the entries. The reason the Attorney Gereral several ago ruled that you can NOT enter the information of the ID used such as Driver's license number or any of the dates and can NOT use a thumb print for proof of who is signing your journal.
Ops! I just realized that I copy their address in my journal. Would not ID thieft reason given for NOT entering the information off the ID into your journal also apply to the signer's address? Problem!

Reply by Teresa/FL on 10/9/13 9:56am
Msg #487487

We are not required to keep a journal in Florida

I have not found any mention in the Florida Statutes regarding who can view a journal (if one is kept).

Reply by Teresa/FL on 10/9/13 10:11am
Msg #487491

I do keep a journal and would require a written request

to see a particular entry in my journal.

Reply by Teresa/FL on 10/9/13 10:06am
Msg #487490

Can "anyone" in CA request access to your journal?

If so, must they make a specific request or is a general request allowable?

This craigslist ad seems to be overstepping

http://losangeles.craigslist.org/wst/rej/4112334375.html

Do these people (Mark Wills and Mike Shields) really expect notaries to reveal information in their journals?

Are they recruiting for Sign Here Ink or HVR Notaries? I believe Mark Wills is involved with both companies.

Reply by 101livescan on 10/9/13 10:33am
Msg #487496

Re: Can "anyone" in CA request access to your journal?

Now if they had asked for entries in your Quickbooks AR, that would be another story. I would have no issue with that.

In CA, we are encouraged to use privacy guards to protect the names of signers who signed before the current signer signs the journal.

Are these guys all relatively new to this industry? Sure sounds like it. 500 loans a month these days? Highly improbable. Not with the way our industry has slowed. I'm doing an average of 3-4 a day, down from 8-10-12 a day in June 2013.

BTW, I get an extra $25 on top of my regular fee for packaging for escrow officers. Extra work = extra fee = fair labor pay for scope of work

Remember the t-shirts, "QUESTION AUTHORITY"?

Reply by Darlin_AL on 10/9/13 11:00am
Msg #487500

One could "fan" the book while closed.....

anyone who even considers displaying their journal w/out a county/state/judge written request would be, I think, breaking a few Fed & State laws--no matter which state they're in. IF a journal is not kept, that just shows that notary (doing GNW or Signings) as an entrepreneur--is just stupid. The journal kept as an employee notary, is sill the property of that notary, & must be protected as such.

Reply by Susan Fischer on 10/9/13 7:39pm
Msg #487569

I'm not so forgiving. "I'll give you three references and

my price list.

[Cheryl, noooooooooo...not your AR list...]

Reply by Amigoaz on 10/9/13 1:48pm
Msg #487522

Re: Can "anyone" in CA request access to your journal?

There is the old saying, "If it sounds too good to be true....."

Reply by Stephanie Santiago on 10/9/13 4:17pm
Msg #487544

From California notary Handbook: Long - it covers it all...

(d) The journal of notarial acts of a notary public is the exclusive property of that notary
public, and shall not be surrendered to an employer upon termination of employment, whether
or not the employer paid for the journal, or at any other time. The notary public shall not
surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or
immediately, or if the journal is not present then as soon as possible, upon request to a peace
officer investigating a criminal offense who has reasonable suspicion to believe the journal
contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the
Penal Code, acting in his or her official capacity and within his or her authority. If the peace
officer seizes the notary journal, he or she must have probable cause as required by the laws
of this state and the United States. A peace officer or law enforcement agency that seizes a
notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as
possible thereafter, of the name of the notary public whose journal has been seized. The notary
public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified
mail within 10 days that the journal was relinquished to a peace officer. The notification shall
include the period of the journal entries, the commission number of the notary public, the
expiration date of the commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the
notary public and a new journal has been obtained, the notary public shall make no new entries
in the returned journal. A notary public who is an employee shall permit inspection and copying
of journal transactions by a duly designated auditor or agent of the notary public’s employer,
provided that the inspection and copying is done in the presence of the notary public and the
transactions are directly associated with the business purposes of the employer. The notary
public, upon the request of the employer, shall regularly provide copies of all transactions that
are directly associated with the business purposes of the employer, but shall not be required to
provide copies of any transaction that is unrelated to the employer’s business. Confidentiality
and safekeeping of any copies of the journal provided to the employer shall be the responsibility
of that employer.
(e) The notary public shall provide the journal for examination and copying in the presence
of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify
those copies if requested.
(f) Any applicable requirements of, or exceptions to, state and federal law shall apply to a
peace officer engaged in the search or seizure of a sequential journal.

Reply by Marian_in_CA on 10/9/13 4:20pm
Msg #487546

WHAT???

In CA, there are provisions for anyone of the general public to see any particular journal entry IF they provide, in writing, a request for a specific journal entry. In that request they must provide the name of the person signing, the nature of the document and the month/year. Otherwise, NO... general access is not allowed.

Well, there is a provision for employers to require photocopies of journal entries related to work done by the notary for the employer if they want it, but that's pretty specific.

This ad requests that notaries show their journals proving 50 signings in the last 90 days. Uh....no. That's illegal.

These guys are supposed ot be CA notaries themselves... they should know better than that. The class is fine, I guess... but requiring the notary to show a journal to avoid taking the class? Yeah... not gonna happen on my end.

Reply by Stephanie Santiago on 10/9/13 4:32pm
Msg #487548

Re: WHAT??? It is my understanding that a request for a

COPY of a line item must be accompanied by certain criteria.

Stephanie

Reply by Marian_in_CA on 10/9/13 4:48pm
Msg #487550

Re: WHAT??? It is my understanding that a request for a

Yes, that's ture. Those are for copy. People can't just peruse our journals because they want tp

Reply by JanetK_CA on 10/9/13 6:40pm
Msg #487565

Re: Can "anyone" in CA request access to your journal?

Sounds to me like whoever is holding these classes is looking for a batch of people who don't know any better so they can indoctrinate them into doing things the way they want them done, good or bad, right or wrong.

Reply by 101livescan on 10/10/13 9:38am
Msg #487604

WORSE!

Fleecing unsuspecting, naive NSA's into forking over $200 for a bunch of erroneous information, like allowing the iregistrars (are they background checked??) to view NSA's journals, all private and personal information on their client's borrowers. Then there is parking and cost of breakfast and lunch possibly. It could well be a $300 day spent on instruction by novice notaries and self-serving SS owners. I fail to see the value, but I see the lack of knowledge. Hit me square in the eyeballs.

Packaging documents for lender and title takes five minutes to learn to do, is a no brainer, and any one who spends $200 to learn this needs their head examined. I can't believe this ad was placed on craigslist to lure NSA's in the LA and San Diego areas with empty promises of $100 to $200 including packaging critical documents. It demonstrates to me that the company is looking for ways to get some cash flow going, and who knows how firm their title/escrow relationships are these days with all the vetting by lenders coming down the pike already, but certainly in January, things will change a lot in this industry as we know it.

Keep your hard earned cash.

Perhaps I need to dust off my own NSA seminar giving skills and offer this knowledge for half the cost. Marketing is the key to success, but you must be knowledgeable and professional. See my later post, I am not advertising! Thank you to all who PMd and emailed me cheering me on! At least the instructor should be knowledgeable in basic notary public law 101.

This is a scary solicitation, I think most of you agree.

Reply by Clem/CA on 10/9/13 12:59pm
Msg #487516

anyone with a gun

Reply by Susan Fischer on 10/9/13 2:38pm
Msg #487533

From OR Handbook: "Public Record


Because the notary public is an officer of the state and is responsible to the public, the notarial journal falls under disclosure laws if the journal resides with the Secretary of State, or if the notary is a public official or employee. If the Secretary of State deems that it is in the public interest not to disclose such information, then the journal is kept private.

Every other notary is exempt from being required to disclose the journal contents, unless requested by the Secretary of State or under subpoena. Normally, it will be in the notary’s interest to cooperate with an investigation to avoid being named in a suit. Notaries should not allow “fishing expeditions,” or malicious attempts to view private information, such as addresses or signatures. There is no reason to allow someone to browse through your journal."

Reply by VT_Syrup on 10/9/13 3:13pm
Msg #487538

Any record kept by a public official in connection with the public office is a public record in Vermont. But the public record law has a bunch of exceptions. For example, personal financial information. Well, a mortgage on a primary residence is related to personal finances, but eventually it will be recorded and open to the pubic. But the notary does not know if or when it gets recorded. So is a line in a notary journal for a mortgage signing open to the public, or is it personal financial information. No easy answers.

Reply by Susan Fischer on 10/9/13 7:17pm
Msg #487568

Does Vermont consider a Notary Public a 'public official'? n/m

Reply by VT_Syrup on 10/10/13 10:47am
Msg #487622

Re: Does Vermont consider a Notary Public a 'public official'?

The law establishing Vermont notaries is Title 24 Chapter 5: COUNTY OFFICERS; POWERS AND DUTIES. Notaries are considered county officers. The part of the Secretary of State's office that keeps track of notaries is the State Archives. I emailed the state archivist and was advised that although notaries don't have to keep a journal, if they do, it is a public record, subject to the exceptions in the public records law.

Reply by HVR Mobile Notaries on 10/14/13 3:33pm
Msg #488104

HVR Notaries management is trying to resolve this problem as soon as possible. We totally understand your frustration when calls are not being returned or for late payments. We stopped taking orders from clients until we fix this. We will contact everyone within next week in regards compensation. There is a lot of false and inaccurate information on this blogs but we can assure you that we will not hide and we will do the right and ethical thing! No one is collecting money to get richer or walking away like other companies have. We will make things right but we ask to give us time. Also Mark Wills and JJ have no relationship with HVR nor does HVR have something to do with the classes mentioned above. Thank you and we apologize for the late response.