- Re: Yes, please cut and paste the blog message here? (n/m)
Posted by MichelleS/KY (MichelleSmith) 
on March 23, 2007, 12:58 pm, in reply to "Yes, please cut and paste the blog message here? (n/m)"
70.150.134.2
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This is just ONE of her many posts on the subject. Some are much worse. To read the rest of them, click on the link at the bottom. -------------------------------------------- Yes, I am attacking notary signing agents, and I am doing so for the common good. A consumer, engaged in one of the largest transactions of their lives, deserves and expects professional expertise delivered under an effective umbrella of protection, bonding and government regulation. Each of the 50 states in our union have laws that regulate the admittance of attorneys to the bar and speak to the unauthorized practice of law. Each of the 50 states in our union have laws that regulate the appointment of notary publics, the acts they may perform, and the fees they may charge. Many states have laws that regulate title insurance agents, including licensing and rates. The federal government has laws and regulations that define settlement service providers in a real property transaction and set forth guidelines for their performance and fees. I have yet to see any law or regulation at the state or federal level giving any authority for signing service companies or notary signing agents in a real property transaction. I see no effective umbrella of protection that the consumer may rely upon. Notary signing agents and their middlemen, the signing services, are like jitney taxi services. Some are good, some are bad, but they are all operating outside of the regulatory framework that protects the consuming public. They do so by choice. They choose NOT to take the required examinations. They choose NOT to pay for bonding and insurances. And while they flagrantly [ The title underwriters, First American, LandAmerica, Fidelity, etc. have proven to be unreliable interpreters of law and regulations. They have a track record of ignoring the letter and the spirit of the law, then paying penalties when caught. Do I like that? No. Do I think that's smart? No. I can say the same thing about our trade associations, escpecially ALTA. These folks have lost their way over the last decade or so, but I believe they are opening their eyes and trying to find the right path. I do believe in the power of atonement and applaud efforts by Mr. Curt Johnson at First American who is embracing regulatory compliance and making it his personal goal to lead the industry in this regard. My advice to notary signing agents is to read the laws and what they actually say. Don't take comfort in the fact that title underwriters and lenders are hiring you to perform their closings. You all know you are doing more than notarial acts. Choose your profession. You can be an attorney or title agent, if you want. It's lots of work, but it has to be in order to protect the public. When I started this conversation, I said it's all about regulatory guidance. I have posted on this blog the only regulatory guidance I can find that specifically speaks to notary signing agents. None of it is positive. If you are aware of any other specific instances of regulatory statements concerning notary signing agents or their signing services, I would appreciate hearing from you. I'd be pleased to post that information here on Radical. If the reader works for a governmental agency, the Department of State or Attorney General's office, whoever oversees these matters, please consider making an affirmative statement one way or the other. People on both sides of this issue believe they are in the right. I'm not talking about taxi rides, here. I'm talking about the person who walks through the door into the home of a consumer about to complete one of the most important transactions of their lives. I think that act deserves some oversight, don't you?
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] ignore laws and regulations, they take business away from the honest operators, the attorneys and title agents who DO follow the rules and DO care about standards and DO believe the consumer deserves protection.