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Posted by Laura_V on 10/1/09 5:54pm
Here is the true skinny on
Presentment work aka Honor/Dishonor work aka Notary Acceptor aka Notary Mail Forwarding work
Note re business potential -
Only notaries in a small handful of states are permitted to handle this work even though a seal is rarely used. So business opportunities for US notaries are few and far between. CA, WA, and AZ are among the many, many states forbidding this work.
All of this work involves using UCCs - the Universal Commercial Code. UCCs are international commerce codes.
There are no set rules or procedures for how to use UCC codes. But some smart people have come up with some strategies that seem to work for lots of people.
These strategies are passed around via internet "radio" programs, emails, CDs, DVDs, and word of mouth or email.
That's why most of the people who call us about this work have absolutely no clue what notaries are and are not permitted to do - in general as well as in a specific state.
Unfortunately for us, the people using the UCCs and Presentments to fight foreclosure are in a panic so they make little sense because they are in an emotional state, not a rational one.
Here's a website pdf outlining the usual process -
http://famguardian.org/Subjects/Taxes/ChallJurisdiction/NotaryCertDefMeth/RespondingToPresentments.pdf
I personally know one very honest and good man back east who is using this method to fight foreclosure on his house. Basically, he has been using the Presentment process as a stalling mechanism while he assembled, sued, and now conducts his ongoing court case against the lender. His court case has been going on for many months.
He has proof the lender falsified documents so there is every chance of him winning.
I wish him all luck.
Other people using Presentment to fight foreclosure use the UCC codes to demand copies of documents the lender says they don't possess. (The borrowers have the copies and just want the lenders to show the court the docs with illegal activity or promises that were later broken.)
In these cases, the lenders just don't appear in court because they know they are guilty as heck. After several no shows, the borrowers are awarded the win and get to keep their home.
Lots of the people who want notaries to do Presentment work are nuts, I'll grant you that. Especially the so-called Constitutionalists who want to get out of paying their income tax.
Other people just want to right a wrong, like the people I have spoken with.
I spoke with another fellow here in the west several times. He is fighting a big box store for bait and switch selling. Basically he is using the UCC1 codes to get the store to admit to wrongful activity so he can return the item and get his money back with all interest charged on his big box store card reversed.
What's great about this type of conflict resolution is that it levels the playing field for the little guy because the UCC1s can be used entirely away from the courts and attorneys. UCC codes require that businesses respond to consumer complaints in specific ways over specific time periods. When attorneys are used, it's usually a matter of whoever has more funds for lawyers is the winner. With UCC code use, anything can happen. It is all about behavior, history, and proof on paper.
"Leveling the playing field" is music to this old flower child's ears.
As I said in a previous post, only notaries in a small handful of states are permitted to handle this work even though a seal is rarely used. I refer all notary service inquiries to a highly experienced and professional notary in PA. Since almost all of the work is handled via postal mail, this works fine.
flower child
skinny
Now everyone knows how old I am.
Hope this helps, LauraV |
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