Questions and Answers from NSA's - Article 21

Covers a wide variety of topics. Make sure you read them all to get all the information.

by  Victoria Ring---Bio

Dear Victoria:  What function does a notary perform at weddings?  How does someone learn to do fingerprinting? (Judy)

Dear Judy:  There are only 3 states in the Union and one Parish in Louisiana that allow the notary public to perform solemnizations of marriage.  Those states are Florida, Maine and South Carolina and the Parish is West Feleciana Parish in Louisiana.  For all other states you will need to check your state law to find out who dictates who can perform solemnizations.

Fingerprinting is an art and requires special training to learn the skill.  Check with you local community college to see if any of the criminal law classes teach fingerprinting or if they have a fingerprinting class offered independently.  Also, check with the INS to see if they have any recommendations for classes in your area.

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Dear Victoria: I am a Florida notary and I need to renew my notary stamp. I moved and did not receive a renewal form. It expires 12/15/05. (Denise)

Dear Denise:  I would suggest that you go online to the Florida Secretary of State's office and download an application and get it filled out and turned in.  If you visit http://www.nwflnotary.com and go to the Florida Notary page, there is a link directly into the Governor's site where you can download your application. Florida does not send out renewal notices.  Their viewpoint is that it is the notary public's responsibility to take of renewing their commissions in a timely manner.

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Dear Victoria:  I applaud both you and Victoria Rivera.  I have personally met you both, but you meet so many people through FLMA and NNA you may not remember me.  You set the standards in my eyes. This is a great career for anyone that wants to LEARN IT, as we all do every day with every closing. I have been very happy in this field for 8 years and am now moving to a different state to continue the great job I do in helping people in their quest to improve their financial situations. (Mary)

Dear Mary:  Thank you so much for your email.  We both are very glad that we met and that our products compliment each other enough so that we can give our knowledge to others in the industry. We both credit God for allowing us to meet and pray that He continues to direct our paths for the benefit of others.

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Dear Victoria: The NNA has pulled their Certified Notary Signing Agent status from Virginia notaries.  I became Certified by the NNA while a Florida Notary and then moved to VA.  My question is: can I still use the designation?  It seems to me that I obtained the knowledge required and that I should still be considered a Certified Notary Signing Agent.  Are any other certification programs nationally recognized?  (Sue)

Dear Sue:  I wouldn't worry about not having the CNSA designation. Because the test to pass it is so easy, many title and mortgage companies have told us the CNSA doesn't carry as much weight as it once did.  Just Point and Sign offers a (CACE) exam which is by far a stronger test of your knowledge. Plus, there are several companies that give preference to notaries who pass this exam which are listed on the website. Please go to http://www.justpointandsign.net/cace.htm for more information.

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Dear Victoria: I went to the website http://www.titlesearch.org.  This is NOT a title training course. It is a title search company. Also, I trying to find out if there is a different way to get title search training other than taking a computer course that cost $129.00.  There HAS to be a few manuals that were written.  Any information??? (Brad)

Dear Brad: Michelle Nesbitt at http://anytimeservices.com/Sales.htm sells a training book on how to do a title search that is excellent.

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Dear Victoria: I am sending this email in regards to notary signing agent fees from signing services. I am a Certified Notary Signing Agent with the National Notary Association commissioned in the State of Arizona and have been able to work with many signing services.  My question is if anything is being done about the services that are being allowed to only pay $50 and less for a singing?  I was wondering if there is anything that I can do as a notary or if there is anything in the works as to regulating a standard minimum?  I do my best to charge what is posted on the NNA but I am finding that a lot of services aren't willing to pay those fees.  Sometimes I feel like it is a slap in the face to be asked to do a signing for as little at $50. Thank you for any information. (Tamara)

Dear Tamara:  Regulating our fees is like trying to regulate and tell any other type of business what they can or cannot charge.  We are all small businesses and as owners of the business we have the luxury of setting our own fees.  Free enterprise is just that, what the market will bear. When you are called by a company for an appointment, you ALWAYS have the right to ACCEPT or REJECT.  Tell them what you will charge for the job.  They are going to tell you what they are willing to pay.  You have the option to accept or reject the appointment.  Personally, I don't want anyone telling me what they think I am worth and controlling how much or how little I can make.  Determine your fees based on expenses and what you want to make over and beyond.  Set your fees and then standby your fees.

Additionally, the NNA does not have jurisdiction over anyone to set or determine fees.  Depending on how much experience you have, what training you have, the type companies you are working for will be one of the many determining factors in how much money you earn.  For instance, working for a signing company may pay $50 where working with a title company may pay $150.  Experience, knowledge and marketing are your keys.  Most title companies are looking for experienced people with several years under their belt.   If you need more training visit http://www.justpointandsign.net.  If you need marketing help visit http://www.50statenotary.com Both websites have material available for you to purchase to assist you in growing your business.

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Dear Victoria:  Help.  I am in the state of California. A single woman buys a house.  After she marries, she decides to refinance.  According to the lender, she is the sole borrower.  Now that she is married is her husband required to sign any of the documents?  No rush on this.  The signing is not scheduled until Nov. 14th. (Henry)

Dear Henry:  If the residence being refinanced is the borrower's homestead, then the answer is yes.  Here in the state of Florida, the spouse must sign the TIL (Truth in Lending), Right to Cancel and the Mortgage documents.  The spouse would be considered a "non-obligor" signer. Sometimes the title company may have them sign additional documents like, the E&O Corrections Affidavit and/or Name Affidavit but this would be determined by the title company.  Just watch the title documents or ask the title company in advance if there are any additional documents other than the 3 I named above that they want the non-obligor to sign.

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Dear Victoria: I would like to know WHY some singing companies, title companies, and loan companies can get all their ducks in a row, get their documents together, send the notary a package of docs with plenty of time for a signing.  Other companies on the other hand seem to be operating on an emergency basis.  They will call you to take a signing on the same day--in many cases only a few hours away.  Then the docs are not ready and you have to waste time baby-sitting the computer while you wait for the edocs. Don't get me wrong. I don't mind edocs. If I print them I know that they are done right and the borrower has the proper copies of everything that was signed.  All I want to know is what causes the "emergency"  Once I know what occasions this situation, I will be able to deal with it much more understandingly. (Dave)

Dear Dave:  This is an ongoing issue that drives everyone beyond crazy especially during end of month.  End of Month is in fact one of the reasons that causes the paper jam due to many variables like, rate locks are going to run out, approval from underwriting isn't received until the last minute and the broker/loan officer jams the loan through so he/she can be paid in the current pay cycle, sometimes it may be another last minute requirement (appraisal, insurance verification, debt pay off verification, hurricanes, etc) that could have the loan staggering along until all the stipulations are received.

There are some companies that specialize in something like a 2 week turn around which in itself creates this effect because the title search, appraisal, possibly a survey etc. all has to be done. Another possible answer is lazy brokers/loan officers that play all month and then try to do a month's worth of work at the last minute so they can get paid. There is no solution because as long as the "customer" wants the product then this issue will exist. Some closers will take these type appointments and some won't depending on their schedule.  Personally, when receiving edocs, I give a cut off time on  the latest that I will receive docs because of the area I live in.  I cannot continually run to the office to print paper (especially with the price of fuel these days).  If I receive it all in time, the closing happens, if I don't, it doesn't happen and is rescheduled for another day or with another person.  I hope this sheds some light on the matter for you.

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Dear Victoria: I need your professional opinion to a situation.  I completed a closing for a company and after 5 days they called me stating that I failed to sign a document.  This was a new form that I was unfamiliar with and it was not clear that I was the "Loan Closer" since it stated in the verbiage that "I was a employee of...".  The title company stated they needed to ship the docs to me overnight and that I needed to return ASAP so the loan could close.  I agreed.  The following day I called asking for their Fed-X account number so that the signed document could be returned.  They stated that they DO NOT pay for returned docs where the notary made an error!  I never heard of such a thing but said ok.  Later I realized that I did not have the money to return the doc, so I called the company that I was contracted with telling them the situation.  They gave me the account number.  Then about 1 month later, I received a check in the amount of $12.18!!  The agreed fee was $85.  I called around prior to calling the company to find out the price for overnighting docs.  It averaged $18-$22.  I am being ripped off for $72.82!  What do you suggest?  I called the contracted company but had to leave a message on voice mail but have yet to receive a return call.  Any suggestions would be greatly appreciated! (Jessie)

Dear Jessie:  Not knowing the company in which you are referring to, I am at a slight disadvantage because all the variables are unknown.  I don't know if this company had you sign a contract which if they did, I would tell you to go back and reread the contract because a great many of them have these situations addressed. It has become commonplace for more and more of the companies to "dock" your fees if there is an error on the closer's part.  A great many of them are penalizing 1/2 of the fee just for making the error. Based on the information you have provided, you were penalized 1/2 the fee plus shipping charges back to them.  Now I do believe it is reasonable for you to have paid the return shipping if it was an error on your part.  I normally offer to pay the return shipping when I make an error and a document has to be returned for correct.

Whether or not you were to sign a particular document as a closer would be based on what document are they requesting you to sign.  I discussed this one night on the teleconference a few weeks back.  We are closers, in the sense that we are the ones at the table during the "closing" supervising the "signing" of the documents.  In the title world, this stage is referred to as the "closing" and we are the closers.  Now when they are drawing the HUD or doing "preliminary" documents it is referred to as "pre-closing".  Once the documents are signed, returned, recorded and the funded, this step is referred to as "post" closing. If the document was stating that you were the closer at the table and the signer was provided a copy of all the documents, then yes, the notary signs that form.  When in doubt, a phone call back to the company with the question is appropriate and recommended, especially when dealing with a form one is unfamiliar with.

This is not a total loss because remember, whether you are paid or not, mileage, seals etc are all still deductible on your taxes.  You can only deduct allowable fees on the seals set by your state, but the mileage will still be factored in at the end of the year.  This has been an expensive lesson to learn, but as I stated before, if there is a contract you signed, then go back and review it.

Dear Victoria:  How is a notary signing agent and bankruptcy forms processor related? (Judy)

Dear Judy:  Because notary signing agents are already familiar with the processing of mortgage documents and other legal-related forms, Victoria Ring customized the training she normally provided to bankruptcy paralegals to allow notaries the same opportunity. Victoria knew that notary signing agents often experience times when their income fluctuates from month to month.  By adding a bankruptcy forms processing service to your existing notary signing agent business, the income from the bankruptcy business would help to even out the flow of monthly income.

However, bankruptcy forms processing is only one of many different services you can add to your existing notary signing agent business. If the bankruptcy business does not appeal to you, there are other types of add-on businesses you may wish to consider to increase your income.  These other types of businesses include title searching, mortgage litigation and a number of others.  Many of these have been covered in Victoria Ring's books and videos which are available at http://www.713training.com/shop.