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 Notary Now - illegal e-notarizations?

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T O P I C    R E V I E W
jbelmont Posted - 04/06/2011 : 6:58:27 PM
This company has gotten many complaints from other notaries, but none of their customers have said anything, nor has the Secretary of State.... yet!!! at least not to us....

We have new information about this company, what they have been up to, alerts and reports about this company. Comments welcomed on the blog article.

http://blog.123notary.com/?p=671

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DianaNotary Posted - 04/07/2011 : 2:13:22 PM
I totally agree that some notaries badly influence the market with their “e-notarizations” claim, advertising, etc.
This misleads the public. I’ve had phone calls that ended up in unscheduled appointments due to the fact that I don’t provide e-notarizations……and how would you explain this to a client that is not willing to listen. In any case, I think that something should be done to prevent illegal claims about e-notarizations spread out.


http://www.DianaNotary.com
LindaH Posted - 04/07/2011 : 06:39:50 AM
I, personally, am sick of hearing about them and seeing the publicity they're getting.

And so you know, since you're in CA, the CA SOS *has* taken a position on this...from their website:

"Customer Alert - Online Notarization Services Are Not Legal In California: Despite claims by private companies to the contrary, online notarization services are not legal under California law."

http://www.sos.ca.gov/business/notary/

Several other states have taken positions on it also - New Jersey for one.

And of COURSE the clients aren't going to complain - they don't know!!!


Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
PWinFL Posted - 04/07/2011 : 06:37:10 AM
The California Secretary of State website (http://www.sos.ca.gov/business/notary/customer-alert.htm) has the following statement posted:


Customer Alert - Online Notarization Services Are Not Legal In California

Online webcam notarization is invalid and illegal in the State of California.

A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California.

California notaries public are authorized under current law to perform electronic notarizations as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public. A*****image or other form of non-physical representation is not a personal appearance in front of a notary public under current state or federal laws. The technology solution offered by this private company does not comply with California law.




Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com



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