""How do my retained loan files prove I never closed such a loan?"
By loan files, I assume you mean a the notary's records of what they've done. "
I was using a personal analogy as a broker/originator with actual loan files. I am a former NSA who DID get approval from the SOS to use my journaling method when this first started. I worked within bounds of the law, not with 'sample suggestions' from the SOS of how to do things. The CA SOS doesn't 'approve' any specific journal. There is a lot to be said there, between the pages.
My point is, a non-existent journal entry does not prove or disprove innocence or guilt. If there is a document with your name on it that is not in your journal it could be fraud by someone else, yourself, or a missed entry into your journal. If the fraud exists with your name connected, the absence of an entry in your journal would actually make you more suspect, don't cha think? It doesn't matter if you use a line item entry, a full page entry, or an entire journal one-time entry. Your methodology won't hold too much sway.
Preventing fraud is a huge concern for me. Just as larger financial institutions, I have to maintain policies & procedures, complete annual education, and certification for Anti-Money Laundering, and filing Suspicious Activity Reports under the Bank Secrecy Act with which I am registered. The education covers many types of real estate fraud involving LOs, notaries and EOs in all states. I have engaged in discussions with FBI agents and DA and what they look for.
While your scenario is possible it is highly unlikely to ever happen in your lifetime as a notary. An agent looking through your journal for a document fraudulently signed in your name may be a start but no where near their focus.
There are many means to track down a perpetrator and is a discussion of it's own.
This topic would be rightly focused on how to ease the burden placed on CA NSAs. I have always felt that could be lessened with a well-produced journal to fit CA NSA and GN work. Then re-educate CA notaries so they don't need to defend taking five bullets in the chest just because someone else convinced them they must.
Ever think of joining the other side?  |
| Messages in this Thread |
|  I need it on a T-shirt...(Cali Journals) - Kellosh/CA on 6/13/21 1:27am |
|  I hear ya' (but sure am glad I'm not in CA) - Lee/AR on 6/13/21 6:56am |
| I frequently hear the same thing ... -  Yoli/CA on 6/13/21 10:03am |
|  I'd balk about that too. In addition to having to sign all - MW/VA on 6/13/21 10:28am |
| Playing devil's advocate here... - Lee/AR on 6/13/21 5:29pm |
|  Rats...and a diagonal signature. Yes? n/m - Lee/AR on 6/13/21 5:30pm |
| If I lived near Sacramento..... - Bear900/CA on 6/14/21 11:09am |
| 'exclusive'....but maybe excusive fits, lol n/m - Bear900/CA on 6/14/21 11:13am |
| High Five, Bear900/CA, for pushing the envelope n/m - Lee/AR on 6/14/21 11:22am |
|  I'm moving to AR! n/m - Bear900/CA on 6/14/21 11:24am |
|  Lots of ex-CA, OR, WA, CO, TX, IL, WI folks here - Lee/AR on 6/14/21 12:40pm |
| Re: If I lived near Sacramento..... - BrendaTx on 6/14/21 8:35pm |
| She's alive! She's alive! =) n/m - Bear900/CA on 6/14/21 8:38pm |
| Bear900/CA- Your post is right on! Surprised you didn't get - ananotary on 6/16/21 10:06am |
| YES!! Some perspective & history on journal entries in CA - JanetK_CA on 6/22/21 7:08pm |
| Re: I frequently hear the same thing ... - NVLSlady/VA on 6/14/21 1:36pm |
| C’mon, CA came up with the “clueless” disclaimer - NVLSlady/VA on 6/14/21 1:49pm |
| Re: I need it on a T-shirt...(Cali Journals) - Peter With on 6/13/21 6:09pm |
| Think about this situation... - Kellosh/CA on 6/15/21 11:45am |
| Imagine a notary pressing charges against - Bear900/CA on 6/15/21 1:08pm |
| Re: Imagine ... No immunity for violations of UDAP laws. - NVLSlady/VA on 6/15/21 5:36pm |
| Kellosh/CA- I think we are talking about two different - ananotary on 6/17/21 12:36am |
| Hypothetically speaking. We know this is improper in CA. - NVLSlady/VA on 6/17/21 11:16am |
| No logic at all - Bear900/CA on 6/17/21 11:42am |
| I mean, it seems pretty easy to me? - Kellosh/CA on 6/17/21 2:03pm |
 |  Re: I mean, it seems pretty easy to me? - Bear900/CA on 6/17/21 3:25pm |
|  Bear900/CA---I wish I could like this 500xxxx!!! n/m - ananotary on 6/17/21 10:48pm |
| Re: No logic at all - VT_Syrup on 6/18/21 5:18am |
