The Michigan Notary Network Is Now On Facebook

So many of us use Facebook to stay in touch with friends.  We thought that Facebook would be a great way to stay connected with our fellow notaries, signing agents, title, & mortgage colleagues as well.  So here it is: The new Michigan Notary Network Facebook page.  Stop by, say hi, share some stories, & network with other industry professionals.

And The Robo-Signing Tally Keeps On Growing...

Bank of America extends its freeze on foreclosures to all 50 states, and you can add PNC Financial and Litton Loan Servicing to the list as well.  Hang on folks, we're just getting started...

Update 10/10/2010: And now, state attorneys general offices are getting into the act.  Up to 40 states are planning a joint investigation into robo-signings.   

Vancura v Kinko's Overturned

Many notaries are familiar with the Illinois case of Vancura v Kinko's. Kinko's was held liable for notary misconduct by one of their employees, Gustavo Albear, after the employee notarized Vancura's signature on a document that Vancura claimed was not his signature. Due to the Vancura case, Kinko's stopped notary services at their stores. Yesterday, surprisingly I think, the Illinois Supreme Court overturned the verdict. In reversing the decision, the court supported Kinko's claim that it fulfilled its duty to ensure that its training program complied with the requirements of the Illinois Notary Public Act. Thus, the court reversed the finding of liability against Kinko's for negligent training.

The court ruled that Kinko's had only a duty to not consent to their employee's misconduct (That I can understand). The court stated that Kinko's was not under a duty to provide notary training classes taught exclusively by notaries (Fine, as long as the trainer still understood Illinois notary laws), was under no duty to train its notary employees to keep a notary journal (A notary journal is not required in Illinois), and was not under a duty to teach its notary employees that a photo ID was required (At the time, Illinois notaries were not required to check photo ID.  They are now).

And here's a black eye to the National Notary Association (NNA). Vancura also argued that the Kinko’s training didn't meet the standard set by the Model Notary Act, an act that, from my understanding, is basically an NNA creation.  Vancura argued that Kinko's wasn't just obligated to make sure the notary followed Illinois law, but that he also followed what was considered common notary practice (which is the basis of the Model Notary Act). Vancura used an expert witness that helped write the Model Notary Act, and speaks and writes for the NNA (he also recently received a lifetime achievement award from the NNA). And the NNA has cited the Vancura decision in lauding the act. Only the Model Notary Act was never adopted by Illinois so the court threw out that argument. Oops.

There's nothing online yet, but I have a copy of the court decision. If anyone wants it, you can email me at alex@detroitnotary.com.

Robo-signings And The New Mortgage Crisis

Bank of America, GMAC, and J.P. Morgan Chase have temporarily halted foreclosure proceedings in 23 states while they review the possible mishandling of those foreclosures.  The lenders are reviewing procedures involving tens of thousands of foreclosures that were possibly approved by employees of those lenders without actually reading or reviewing those cases.  The practice, known as robo-signing, is under heavy fire from critics.  NBC reports:



Update 10/04/2010 - Old Republic Title Insurance Company stops insuring homes foreclosed by Chase and GMAC until "the objectionable issues have been resolved."  Oh, this is not going to be pretty. 

Marketing Your Notary Services

Shauna Nelson is a notary public, mobile notary, & mortgage loan signing agent in the Western Washington state area.  Shauna wrote a wonderful post on Notary Rotary earlier today about marketing our services that I think is well worth sharing.  So many times, new notary signing agents get their commission but have no idea where to go from there.  But Shauna already has it figured out.  With her permission, here is her post:

I see a lot of new notaries (and trust me, I'm one!) who ask a lot of questions about getting known. Keep in mind that most of the work HAS to be done by you. If you're doing the footwork then any rewards that come your way are earned and more appreciated. Even before #1, get trained. Nobody will do it for you. You have to put in hard hours learning your business.

1) Get business cards

2) Give business cards to everyone you know, everywhere you go. If I get a manicure, the owner gets my card and I ask if I can put a card holder up by the register. Never been turned down.

3) Fliers/rack cards/postcards. Get 'em, give 'em out. Door to door, business to business.

4) Get yourself on Google maps. Google will give you guidelines and if you research you'll find out how to get on the first page (especially in your zip).

5) Get a website, make it look good. Monitor traffic and where it comes from. That'll give you good ideas on what to use as keywords and where most of your visits are coming from (in fact, I had so many visits from one certain website, that I called them up and offered my services at a discounted rate. Paid off, big time).

6) Sign up with title companies and signing services. I've kept a notebook of who I signed up with, if I've had a response and when I've done a signing with them. Signing Central can be your best friend. I've only signed up with companies with a 4 star or higher because I want PAYING jobs.

7) Read this board daily. You'll find out about companies you haven't signed up with, problems you didn't even think about and the best tips anywhere.

8) Memberships with websites like NotRot. The price on some isn't worth it and on some it's invaluable. One signing can pay for an entire year, here.

9) Be organized. I keep a map with my prices in each city I routinely get calls for and a datebook with me at all times. No signing service wants to listen to you fumble around for your available dates, cities you visit, price, etc.

10) Remember that this is a business. It's up to you to grow it and if you're timid about telling people about yourself and what you do, it'll be hard. You never know what friend may be in financial difficulty and need someone to notarize their sigs on a loan mod. Not only is it good for you but it's good for them - they have someone they trust sitting next to them.

11) Sign up on any website that'll bring you business. Think about all the areas you specialize in and start signing up. I felt like a dolt, but just yesterday I discovered Kudzu and signed up.

Not everything can be accomplished in one week or even one month, but keep at it and you'll find business picking up. I'm nowhere near as busy as I'd like to be, but I'm busy and for someone relatively new, I'll take it.

Well Duh

This year's Captain Obvious award goes to Presidential adviser Paul Volcker, who boldly stated that the mortgage industry is dysfunctional.  Tell us something we don't already know.  

Mortgage Closing Costs

Closing Costs - The 5 cheapest states & the 5 most expensive for mortgage closing costs (New York, Texas, & California I expected, but not the other two)

Free Social Media Icons

If you use social media such as Facebook, LinkedIn, Twitter, Blogger, etc. to connect with people and share your thoughts, here are some absolutely gorgeous social media icons you can use to direct people to you.  Even if you don't have any use for these icons, some of the artwork is amazing and worth checking out (I think the bottle caps are my favorite).  Thanks to Hubspot for putting these together in one place.  

New Michigan Notary Network Members

We've recently added two new members to the Michigan Notary Network.  A few months ago we added Art Gresser.  Art covers mobile closings in Genesee, Lapeer, Macomb, Oakland, Shaiwassee, St. Clair, & Wayne County, Michigan.  This week we added Renee Ezinga.  Renee covers mobile closings in Allegan, Barry, Calhoun, Eaton, Ionia, Kalamazoo, Kent, & Ottawa County, Michigan.  Both are experienced and qualified signing agents, and both come with extensive backgrounds in the mortgage and title industry.

Dear Appraisers

Stop it already.  No seriously, I mean it.

What, Me Worry?

Unemployment, crime, poverty, foreclosures, plummeting home values.  Welcome to Detroit - The most stressed out city in America.

Update: And now, massive fires fueled by high winds and downed power lines?  Can Detroit ever catch a break?

Mortgage Calculator For Your Smart-phone

Having a mortgage calculator can sometimes come in handy at a closing.  If you have a smart-phone like an iPhone or Droid, there are many mortgage calculator apps to chose from.  I've tried several, but the one I've settle on for my iPhone is the CalcsFree Mortgage Calculator.  It's quick, simple, and easy to use.   It includes a tax calculator, an amortization schedule, the ability to break down payments by principal, interest, taxes & insurance, & mortgage insurance, and the ability to send the information via email.  And it's F-R-E-E. 

Fiserv E-Sign Training

Several people contacted me this weekend asking for information on how to perform e-signs for Fiserv (Flagstar loans).  Fiserv offers video training several times a week and there is also a PDF document with step by step instructions on how to handle a Fiserv e-sign.  If you're interested in the video training or the PDF manual, send an e-mail to alex@detroitnotary.com and I will forward the information to you.

Update 09/01/10: AmTrust e-sign training here.  

Oakland County Notary Fraud Case Continues To Grow

The dominoes are still falling. What started out as a case of notary fraud has turned into a brewing (insert Tea Party pun here) controversy. Last week, Oakland County Michigan Clerk Ruth Johnson uncovered a fraudulent Tea Party candidate filing for county commissioner under the name of Aaron William Tyler. The filing was notarized by Jason Bauer, an Oakland County Democratic Party staffer. Well, it turns out that Tyler never filed to run for office and never signed a thing. Doh! Two other filings are also in question and Bauer's name was on a dozen Tea Party affidavits. On Sunday, Bauer resigned.

Then, Oakland County officials claimed the director of the county's Democratic Party may have committed crimes in connection with notarizing petitions. Double Doh! On Tuesday, the county party chairman Mike McGuinness abruptly resigned, citing a new professional opportunity (is that what we're calling the unemployment line now a days?). And now, County Executive L. Brooks Patterson is seeking a grand jury investigation. Possible crimes include perjury, election fraud, misconduct in office, uttering and/or publishing and obstruction of justice.

Casting further doubt on what appears to be a fake Tea Party, petitions were circulated by a firm that has been used in the past by the Democratic Party, filed using the services of a Lansing attorney with ties to the Democratic Party, and is apparently chaired by Mark Steffek, a former UAW steward.

Update 09/08/2010: Oakland County grand jury to investigate 

New Home Sales Hit All Time Low.

Sales of newly built homes drop to the lowest level ever. E-V-E-R. Ouch.

New Credit Card Rules Take Effect

The third and final stage of the Credit Card Accountability and Responsibility and Disclosure Act takes effect today. The new rules put a limit on late fees ($25 per incident), require banks to review rate hikes every six months to decide whether the factors of a rate increase still apply (if not, the rate must be lowered), and ban inactivity fees.

MSHDA Receives Additonal Funding

The Michigan State Housing Development Authority (MSHDA) will receive an additional $128.4 million in funds to assist unemployed homeowners struggling with mortgage payments. MSHDA estimates another 13,000 unemployed homeowners could receive assistance under the Michigan Hardest Hit Program.

Unfortunately, the voluntary program is still missing many of Michigan's largest lenders including Bank of America, Flagstar, Quicken, and Chase.

The National Notary Signing Agent Network

There are several states that use notary networks as a way to promote each other and connect with other qualified, experienced notary signing agents. Here in Michigan, Renee Kovacs and I started the Michigan Notary Network for that purpose. As we've progressed, we've worked with some of these other state networks and discussed trying to create a national presence and a uniform set of standards for notary network members to follow. We're all looking to align with the best of the best across the U.S. To that goal, we've just created the National NSA Network, which includes state networks from Michigan, California, Florida, Ohio, Texas, and Wisconsin.

Searching For A Notary Public

I typically get several calls a week from someone looking for a mobile notary public outside of my usual travel area. I always direct them to a notary listing site to find a mobile notary that's closest to their location. There are several notary listing sites that I like which allow a person to search for a mobile notary public in their area, including Notary Rotary and 123 Notary. For ease and accuracy, I usually refer people to Go Get Notary. Now, here's my disclaimer: I am a member of the Go Get Notary National Advisory Board, so directing people to that site doesn't hurt. But I truly believe it's a great place to search for a mobile notary public. For one, the zip code search (which I think is the easiest and most accurate way to search) comes up right on top of the home page so it's easy to find. More importantly, the results accurately reflect which mobile notaries are closest and not which notaries paid for a higher ranking.

So if you need to refer a caller to a listing site to find a mobile notary public, I highly recommend Go Get Notary.

Revised Uniform Law On Notarial Acts

The National Conference of Commissioners on Uniform State Laws has approved the final wording for the Revised Uniform Law on Notarial Acts. The revision of the 1982 act updates the provisions on notary responsibilities, electronic recording, interstate recognition, and remedies. From the NCC:

"...countless societal and technological changes have occurred requiring notarial officers and the notarial acts which they perform to adapt. This version of ULONA adapts the notarial process to accommodate those changes and makes the Act more responsive to current transactions and practices. Perhaps the most pervasive change since the adoption of the original version of ULONA has been the development and growing implementation of electronic records in commercial, governmental, and personal transactions..."

"This revision of ULONA further recognizes electronic notarial acts and puts them on a par with notarial acts performed on tangible media. It does this by unifying the requirements for and treatment of notarial acts, whenever possible, regardless of whether the acts are performed on tangible or electronic media. While continuing the basic treatment of electronic notarial acts provided in UETA, ESign and URPERA, this Act implements structural and operational rules for those notarial acts that were absent in the prior laws..."

Even the NCC language acknowledges that many of the issues addressed in the revision are already covered under other acts such as the Uniform Electronic Transaction Act (UETA), the Electronic Signature in Global and National Commerce Act, and the Uniform Real Property Electronic Recording Act (URPERA).

You can read the rest here: Summary of Revised Unifrom Law on Notarial Acts