Posted by SAmobile/TX on 9/24/13 8:58am
Msg #485701

New HARP Program -

Looks like new HARP program might help boost business:

http://www.bloomberg.com/news/2013-09-23/refinancing-effort-for-lost-value-homes-gets-push-by-u-s-agency.html

Reply by Bear900/CA on 9/24/13 10:07am
Msg #485716

Same HARP program focusing on non-users - but good! n/m

Reply by HisHughness on 9/24/13 10:56am
Msg #485726

Phyllis ...

I like to know the posters on the forum, so I went to your profile, and I'm curious about a couple of things.

You indicate you do electronic notarizations. Is that legal in Texas?

Can you give me a cite to a Texas statute that authorizes travel fees? I've sought, but never found, such an authorization.

Appreciate the help.

Hugh Nations

Reply by SAmobile/TX on 9/24/13 11:26am
Msg #485736


Hi Hugh,

Like you I was not able to find any information on the Texas Secretary of State website about travel fees, so I contacted their office. I was told that yes, we can charge a travel fee, as long as the customer agrees to the fee, and we provide them with a receipt, with a breakdown of fees charged.

I also contacted the Texas Secretary of State’s office about electronic notarizations, and was told that electronic notaries are legal in Texas. I found this on the Texas SOS website (under FAQs):

Any Texas notary may perform an electronic notarization. An electronic notarization must meet all of the requirements of any other notarization, such as the requirement that the signer personally appear before the notary to acknowledge the document. In addition, the notary’s electronic seal must reproduce the required elements of the notary seal.

In addition, the Texas Uniform Electronic Transaction Act (“TUETA”) applies to transactions that the parties agree to conduct electronically. TUETA includes a section providing for an electronic notarization:
§322.011. NOTARIZATION AND ACKNOWLEDGMENT. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np25

I hope this answers your questions.

Reply by HisHughness on 9/24/13 11:35am
Msg #485740

You're not in any way suggesting that the requirement for a personal appearance before the notary is obviated by "electronic notarization," are you? I think that is the critical distinction in states such as Virginia that allow electronic notarization. At least, that's my understanding.

Reply by SAmobile/TX on 9/24/13 11:44am
Msg #485745

I'm a little confused by your question. The information I provided on electronic notarizations was a "cut & paste" directly from the Texas Secretary of State's website. The first paragraph states:

Any Texas notary may perform an electronic notarization. An electronic notarization must meet all of the requirements of any other notarization, such as the requirement that the signer personally appear before the notary to acknowledge the document. In addition, the notary’s electronic seal must reproduce the required elements of the notary seal.

In no way am I suggesting that there is no requirement for a personal appearance.

Reply by FGX/NJ on 9/24/13 11:45am
Msg #485747

Way to go Army.
Semper fi

Reply by SAmobile/TX on 9/24/13 11:48am
Msg #485749

Way to go Marines :-)!

Reply by Sandra G Holland on 9/24/13 12:09pm
Msg #485757

Hugh, I, like Phyllis, called the Secretary of State's Office some months ago on the occasion of closing down my office and becoming completely mobile, and was told the same thing about negotiating mileage with the client. I never asked about electronic notarization. I was also told that I could not charge for wait time, such as a client going to the convenience store just before I arrive at the house or other meeting place, thus making me wait. Since the oilfield has moved in for the Eagle Ford Shale Play, I find it more convenient to meet them at the RV Park, the guard gate or a restaurant than giving directions to my house as I always did before.

Reply by SAmobile/TX on 9/24/13 12:18pm
Msg #485761

Sandra, thank you for the information about the "Wait Time Fee". I did not ask about charging this fee. I have never charged a wait time fee, but I did have it posted on my website. Just deleted it.

Reply by FGX/NJ on 9/24/13 12:25pm
Msg #485765

Phyllis
Check your P/M folder.

Reply by HisHughness on 9/24/13 12:19pm
Msg #485762

There is no provision in Texas law for levying surcharges for additional services attendant upon a notarization, including travel fees, and the SOS has no authority to change the statute that explicitly limits notarization fees to $6. Like everyone else, though, the SOS recognizes that one helluva lot of business would not get done if travel fees were not allowed, so on its own authority the SOS just tells notaries it's okay.

I feel quite comfortable in charging travel fees, because I am hard-pressed to envision the circumstances in which I could in some way be penalized because I do so.

Reply by Bear900/CA on 9/24/13 12:13pm
Msg #485759

Way to go...oh just go get us a new HARP program. Need it for the non-Fannie and Feddie cousins.