Posted by SC/CA on 10/28/13 11:36am
Msg #489998

Fidelity release form

Is anyone else getting similar emails stating, “We will not be able to use notaries that have not… signed releases for FNF files…..” (see below). JeffC/CA, do you (or anyone else) have a clean looking redacted release form in pdf format to share? Thanks.


“According to FNF every notary now has to be a Certified Signing Agent and background screened by the NNA. They will be checking signingagent.com <' target='_blank'>http://signingagent.com/> under your name to verify that it says NNA Certified and Background Screened

They also need a copy of your NNA Certified and Background-Screened Notary Signing Agent Certificate and the attached release.

We will not be able to use notaries that have not sent in their Certificates and signed releases for FNF files until completed.

Please send me a copy of your Certificate and signed release form by 11/1/13

Thank you
Damon
Butler Notaries”

Reply by sueharke on 10/28/13 11:45am
Msg #490000

Did they say that you cannot modify the agreement to your satisfaction? If you disagree with this form, cross out with a single line what your disagree with, initial, and date. I doubt anyone will read the form your send back before file it as the company is too busy to other important communication with notaries. I saw a similar case on Judge Judy where a plaintiff modified the contract and the defendant never read that it had been changed and just filed it away. The plaintiff won the case.

Reply by Jack/AL on 10/28/13 12:10pm
Msg #490005

The form is attached, below. Yes, I signed it and faxed it. Don't bothering judging me and posting sarcastic comments. The form authorizes the release of information that I have provided or caused to be provided to FNF, and that just happens to be the NNA proof of BGC and my certification, nothing else.
........................................................................................................................................


NOTICE, AUTHORIZATION AND RELEASE REGARDING EXISTING CERTIFICATES AND/OR INVESTIGATIVE CONSUMER REPORTS
________________________________________________________________________
I have provided or will provide to Fidelity National Financial, Inc. and/or its family of title companies (collectively referred to as FNF) a copy of my Background Screening Certificate from the GLBA-Compliant National Notary Association (“NNA”) or other approved vendor.
I HEREBY AUTHORIZE FNF to release, disclose and/or provide a copy of any and all certificates, forms, questionnaires, investigative reports, background checks, evaluations, analysis or any other information that I have provided or caused to be provided to FNF, or which FNF has prepared, to any customer, client, lender or other financial institution for whom FNF provides services, so as to evidence that I meet the requirements, qualifications and standards imposed by such customer, client, lender or financial institution on persons who receive or have access to consumer financial information or other confidential information.
I hereby agree and understand that this Notice, Authorization and Release will remain valid as long as I provide any services for or to FNF and throughout my affiliation with FNF. The matters and information which are covered by this Notice, Authorization and Release include, but are not limited to, information concerning my criminal history, motor vehicle history, social security number, character, or any other information requested by any customer, client, lender or other financial institution. As used herein FNF means FNF and any other division of the Fidelity National Financial, Inc. family of title insurers, including any related companies, subsidiaries and/or affiliates thereof.
I hereby release FNF, to the full extent permitted by law, from any liability or claims arising from releasing, disclosing, providing and/or reporting information concerning me to any party pursuant to this Notice, Authorization and Release.
I agree that a copy or fax of this document shall be as valid as the original.
Signature
Date
Print Name

Reply by sigtogo/OR on 10/28/13 12:15pm
Msg #490006

no sarcasm here, Jack. I did the same and interpret

as you do. they can only release what I have provided which is the certificate.

Reply by Pamela/CA on 10/28/13 12:18pm
Msg #490008

Re: Fidelity release form Signed and emailed mid-Oct......

This is just part of our business guys..... my partner/husband and I full time for 10 yrs... working for Title/Escrow, Lenders (including Brokerages such as Merrill Lynch, etc)..... as fraud occurs and our clients get sued, they are fighting back to protect themselves... it behooves us to join the fight.

Reply by LKT/CA on 10/28/13 12:26pm
Msg #490012

I disagree Pamele n/m

Reply by LKT/CA on 10/28/13 12:34pm
Msg #490015

I disagree Pamela

Here's the problem as I see it (from Jack's post): "I HEREBY AUTHORIZE FNF to release, disclose and/or provide a copy of....."

I don't have a problem with providing a BGC, just a problem with any entity RELEASING/disclosing/providing my history - not limited to but including my SSN and motor vehicle history - to a third party, especially to the customer. If the customer feels they need all of that, then they can spend their own time and gas driving to the escrow office to sign loan docs. They don't get the convenience of a mobile notary at their leisure. After a 10 hour work day and 3 hours spent in evening traffic, and without having had dinner they can drag themselves and their 3 kids (twin 5 years and a screaming infant) to the escrow office - at 8pm. After all of this, McDonalds should be a quick pick-me-up.

Reply by Pamela/CA on 10/28/13 12:40pm
Msg #490017

Re: I disagree Pamela- HI LKT- its okay if you dont agree...

but your synopsis of the document is incorrect..... they can ONLY provide their affiliates with info I have sent on...... please re-read the req doc.
have a great day!

Reply by LKT/CA on 10/28/13 1:23pm
Msg #490025

My synopsis is correct Pam, it's in writing

From msg. 490005: "I HEREBY AUTHORIZE FNF to release, disclose and/or provide a copy of any and all certificates, forms, questionnaires, investigative reports, background checks, evaluations, analysis or any other information that I have provided or caused to be provided to FNF, or which FNF has prepared, *******to any customer,*******client, lender or other financial institution for whom FNF provides services,..........The matters and information which are covered by this Notice, Authorization and Release include, but are not limited to, information concerning my criminal history, motor vehicle history, social security number, character, or any other information *******requested by any customer*******, client, lender or other financial institution.

Looks to me like the CUSTOMER (i.e. borrower) can get that info on the NSA handling their signing, if they so request.

Reply by Notarysigner on 10/28/13 1:29pm
Msg #490029

I read the same way...and so does my wife the math

teacher and my eldest daughter who is on the board of trustee for a Large private University!

Reply by JanetK_CA on 10/29/13 12:36am
Msg #490160

You're missing, or ignoring, a key phrase.

After the part that says "information that I have provided", it continues and says "or caused to be provided to FNF, or which FNF has prepared, to any customer," etc.

That "caused to" can be interpreted any of multiple ways, especially once you've signed a release. Sounds to me that the release allows them to use whatever information about you that might come to be in their hands in whatever manner they deem appropriate. Plus, it then releases them from "any liability or claims arising from releasing, disclosing or providing and /or reporting..."

Seems about as one-sided as any agreement I've seen, although that seems to be the trend with so many things.

Reply by Notarysigner on 10/28/13 12:55pm
Msg #490020

I will never do this until it changes, I have

had over 50 years of working for different companies and NEVER once has required this much of an employee (let alone and independent contractor whit the Sheriff's Dept being the only exception). Doing this at the request of someone with the track record of financial institutions is just a sign of desperation and that just sad! IMO

Reply by HisHughness on 10/28/13 12:42pm
Msg #490019

***The form authorizes the release of information that I have provided or caused to be provided to FNF, and < that just happens to be the NNA proof of BGC and my certification, nothing else >. [Emphasis supplied]

What you do with your personal information is, of course, uniquely your decision. I do not think that you should, however, mislead others as to the ramifications of that decision.

Far from just authorizing Fidelity to release < proof > of a BGC and/or certification of one, this is what the form actually authorizes Fidelity to do:

***I hereby authorize FNF to release, disclose and/or provide a copy of any and all < CERTIFICATES FORMS, QUESTIONAIRES, INVESTIGATIVE REPORTS, BACKGROUND CHECKS, EVALUATIONS, ANALYSIS, OR ANY OTHER INFORMATION > [Emphasis supplied] that I have provided or caused to be provided to FNF, or which FNF has prepared, to any customer, client, lender or other financial institution for whom FNF provides services, so as to evidence that I meet the requirements, qualifications and standards imposed by such customer, client, lender or financial institution on persons who receive or have access to consumer financial information or other confidential information.***

I think any reasonable person reading that would construe it to be authorization to Fidelity to release ANYTHING provided them, not just the results or certification from a background check. Certainly, that is the way I construe it, though I hasten to add that I am not presenting myself as a reasonable person. As I read it, any Tom, Dick or Harry that Fidelity serves can get access to every jot and tittle of the information in your background check, and since you have no privity of contract with that company/individual, you have no control over how that information is used.

I am befuddled as to how the authorization could be construed any other way, and I would not execute it. It is a prime example of overreach by elements within our industry that figure they can demand anything of notaries without pushback. The authorization could have accomplished everything necessary by simply authorizing Fidelity to release to any of its customers the results or certification of a background check.

Do you honestly think the CEO of Fidelity would want his personal information in the wind like that?

Reply by sigtogo/OR on 10/28/13 1:25pm
Msg #490026

reasonable person? you said it not me:)

lets emphasize the next sentence in you post: " THAT I HAVE PROVIDED OR CAUSED TO BE PROVIDED TO FNF"

If I only provide them my cert, then that is all they have to release. they do not/will not have my actual bkgd check because I did not provide nor caused to be provided.
they cannot run a credit report without direct authorization from me.

sign me, very reasonable person

ps. lets leave Tome, Dick and Harry out of this....

Reply by LKT/CA on 10/28/13 1:36pm
Msg #490032

I agree with Hugh's point of view

<<< " THAT I HAVE PROVIDED OR CAUSED TO BE PROVIDED TO FNF".....If I only provide them my cert,....>>>

Therein lies the issue - what you provide. These entities may not be satisfied with a simple "pass/fail" on the BGC. They will start requiring a whole laundry list of non-redacted copies of personal proofs they deem satisfactory to properly vet you. Whatever that list could be (copy of auto insurance policy, DL, credit report,
etc.) which could be passed on to the borrower. So it's really not about what *you* provide, as if you really have a choice in the matter, but what they'll start demanding in order to handle their loan signings. This RELEASE/AUTHORIZATION will open the floodgates. Just a thought.....

Reply by SC/CA on 10/28/13 1:43pm
Msg #490033

Re: I agree with Hugh's point of view

Hugh is correct. “ The authorization could have accomplished everything necessary by simply authorizing Fidelity to release to any of its customers the results or certification of a background check.” This is reasonable.

Giving someone authorization (without recourse) to release our specific personal information ( include, but are not limited to, information concerning my criminal history, motor vehicle history, social security number, character, or ANY OTHER information requested by any customer, client, lender or other financial institution)..to... ANY customer, client, lender or other financial institution” is not.

This topic warrants further discussion and investigation. I would think that a revised form would be appropriate. Something similar to what Hugh stated.... authorizing the release to any of its customers the certification of a background check.

Reply by Christine/OK on 10/29/13 6:26am
Msg #490166

Agree with the interpretation of Hugh & Lisa as well. n/m

Reply by MW/VA on 10/28/13 2:06pm
Msg #490036

I'm with Hugh on this one. I've viewed this whole matter

as being completely unreasonable. I AM NOT an EMPLOYEE of FNF, and this is an employee form. I couldn't get past the paragraph that absolves them of any liability for the information. I can understand that some will jump on the NNA/FNF bandwagon, but I'm not going to do it. From where I stand, I'm the one assuming all the risk here.

Reply by janCA on 10/28/13 2:16pm
Msg #490038

I had my son-law read this. He is a corporate attorney and writes and reviews contracts all day long. Yes, anything and everything can be given and released to even the borrower, according to how this release is written.

Reply by SC/CA on 10/28/13 2:21pm
Msg #490039

Thank you Jan.

Did your son-in-law offer any input ? Thanks.

Reply by janCA on 10/28/13 8:14pm
Msg #490132

Re: Thank you Jan.

To cross out or line through what I didn't agree with, which, like everyone else, is practically the entire release.

Reply by garland/CA on 10/29/13 12:05pm
Msg #490256

Re: Thank you Jan.

thank you Jan for this information. It seems our only option.

Reply by sueharke on 10/28/13 10:38pm
Msg #490158

It is none of my business to tell anyone to sign the form and send it or not. This is an interest issue that must be solved by each person according to his or her beliefs. Personally, I would have no problem modifying the contract for any part I disagree with.

Reply by sigtogo/OR on 10/28/13 12:18pm
Msg #490009

been discussed quite a bit. search back about a week

and here are a couple if the messages: Msg #489763 and Msg #489620

Reply by Tim Donahue on 10/28/13 12:38pm
Msg #490016

Re: been discussed quite a bit. search back about a week

Does this mean fidelity can release our credit report, etc. to the people we are doing closings for?

Reply by sigtogo/OR on 10/28/13 1:16pm
Msg #490023

no, it does not. how would they get your credit report?

they can only release what you have provided. they are not asking for permission to run credit or anything of that nature, it is only to release what you have provided them.
(underline and bold that last sentence
IMO of course!!

Reply by Eric Andrist on 10/28/13 1:18pm
Msg #490024

But if you're providing permission to results of BGC.... n/m

Reply by sigtogo/OR on 10/28/13 1:26pm
Msg #490027

I am not, are you? they get the cert, nothing more n/m

Reply by Eric Andrist on 10/28/13 1:30pm
Msg #490030

Re: I am not, are you? they get the cert, nothing more

The email I got says:

Besides the background check, we MUST have a signed copy of the attached "authorization and release". This document authorizes US to confidentially release the background check to a lender as permitted by the audit provision of their service agreement.

Reply by sigtogo/OR on 10/28/13 1:48pm
Msg #490035

provide your cert not the acutual report, Eric

if you sent your report, then yes they can release if you have also signed the release.

Reply by SC/CA on 10/28/13 2:10pm
Msg #490037

Hugh, I agree completely with what you said. Would you

provide Fidelity with a redacted release form ? So far, I've been providing companies with just the BGC cert, but some are now kicking it back saying that they won't accept it unless it's accompanied by the release form. Any ideas? Thanks.

Reply by desktopfull on 10/28/13 3:08pm
Msg #490047

That's not what's stated in the Privacy Statement of

the NNA. Go read it, it says it will provide the results of the BGC at signingagent.com.

Reply by garland/CA on 10/28/13 3:30pm
Msg #490055

if it is only the cert, then why mention SSN, etc?

The authorization mentions a lot more than the results of your background check. It says "includes but not limited to criminal history, motor vehicle history, social security number, character, or ANY other information requested by ANY customer, client, lender or financial institution".

If it is ONLY for the certificate, then why doesn't it say that??

Send a letter to FNF requesting a re-written release form which states only the Certificate of Background Check be released. NOTHING else.
I did. Got a reply that it is being forwarded on to the manager (of the person I sent it to), and that others have also voiced concern. So, why not all of us, suggesting they re-write the form so we can sign it without jeopardizing our own privacy. Then we can sign it!

Reply by janCA on 10/28/13 8:16pm
Msg #490133

Re: if it is only the cert, then why mention SSN, etc?

I have done just this.

Reply by Stoli on 10/28/13 2:26pm
Msg #490040

Why not go to the source?

Liz Rhea
Field Compliance Division-Southwest Operations
Fidelity National Title Group

Telephone: 619-920-7720

[e-mail address]

Reply by SC/CA on 10/28/13 2:41pm
Msg #490041

Re: Why not go to the source?

No-one wants to upset The Maaaahhhster ?

Reply by sigtogo/OR on 10/28/13 2:48pm
Msg #490042

ok, I have written her :) n/m

Reply by desktopfull on 10/28/13 3:05pm
Msg #490046

No carte-blache release, let them do in office closings. n/m

Reply by Linda_H/FL on 10/28/13 3:20pm
Msg #490051

Not sure if you all realize it - don't see where anyone

mentioned it - a couple years ago I had a company request a BGC from me - in their request they stated "if you've already had one done by the NNA, there is no need to provide us with further information - we will obtain the information directly from them".

They don't need anything from you - they can get it directly from NNA - and I'll bet they see the whole report too.

I'm with Hugh and others in objecting to this - too wide a net being cast by signing this. I'll provide them information they need, but I won't give them written permission to provide it to anyone else.

JMO

Reply by SC/CA on 10/28/13 3:57pm
Msg #490066

Re: Not sure if you all realize it - don't see where anyone

Wow. Thank you Linda and desktopfull for the NNA info. I currently have a their BGC due to expire this week. I was not aware of their privacy policy: " The results of your background screening will be made available to the financial industry, title insurance companies, their affiliates and/or subcontractors, on SigningAgent.com."

Garland, I appreciate the suggestion to “Send a letter to FNF requesting a re-written release form which states only the Certificate of Background Check be released. NOTHING else.....
So, why not all of us, suggesting they re-write the form so we can sign it without jeopardizing our own privacy. Then we can sign it!!” I will do that. Are you sending it to Liz Rhea or someone else? Thanks.

Reply by garland/CA on 10/28/13 4:09pm
Msg #490075

I sent my to Jennifer Walker

[e-mail address]

she is the contact I had (originally requesting the background check). I asked her to forward it on and she said she would.

I didn't have the contact Liz Rhea when I sent mine, but I'll send her an email also.

Reply by desktopfull on 10/28/13 4:03pm
Msg #490071

Re: Not sure if you all realize it - don't see where anyone

My brother is an attorney and a magistrate here in Florida. I can't put in writing his exact words (he went a bit ballistic upon reading the form), but surmise it to be "do not sign" the form and find other companies to replace them if they insist. Basically, he said if enough notaries refuse and they can't get their loans closed they will pull the form or amend it to a reasonable request.

Reply by MAC/WA on 10/28/13 4:10pm
Msg #490077

Re: Not sure if you all realize it - don't see where anyone

Thanks desktopfull, tho I grumbled over the language, I signed it and returned it already...I don't even like the signing company who sent it to me.

Reply by Linda Juenger on 10/28/13 4:15pm
Msg #490079

Re: Not sure if you all realize it - don't see where anyone

I've got some ocean front property in AZ. If you buy that I'll throw the golden gate in free.

Reply by Jack/AL on 10/28/13 4:53pm
Msg #490086

Ooooh, this is tooooo hard! I'm getting a headache...... n/m

Reply by MAC/WA on 10/28/13 5:15pm
Msg #490089

Should ask NNA to clarify WHAT they are giving to cos. that

request a backround screen. After all, some of us pay dues to them to suck up to title/escrow companies and sell us to the lowest bidder. With this kind of history, I have no doubt they would give up your mother if they had it.

Reply by JanetK_CA on 10/28/13 9:52pm
Msg #490151

Re: Should ask NNA to clarify WHAT they are giving to cos. that

Exactly. How confident would any of you be about assurances they might give? Too many of us have a history of receiving information from them that later somehow changed. Whether it was from a poorly informed employee or otherwise doesn't much matter when you're the one who pays the consequences of an error or policy change.

Reply by Amigoaz on 10/28/13 10:00pm
Msg #490152

Notaries that sign the Fidelity authorization

Raise your fees for awhile because there will be a severe shortage of Notaries who sign it as written. They will have to revise it in the near future. IMO

Reply by starrgirl/ca on 10/29/13 10:35am
Msg #490224

This is my response from Liz Rhea.

This is the verbiage our legal department came up with based on the lender requirements. At this time it is not being changed. I realize some are having a issue with it. The form is only required if they wish to do signings for our preferred lenders.

Reply by garland/CA on 10/29/13 11:13am
Msg #490238

how sad and disappointing

It makes you wonder why they won't rewrite it. Why do they need access to all our personal information?

It seems they are working against us rather than with us as a partnership. That is very disappointing. Like I've sometimes said to people who are confrontational and always "fighting": "we are on the SAME team". Let's work together. Not dictate!

As NSA's we are now being dictated to. Again, very sad and disappointing.