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eleanab
California
4 Posts |
 Posted - 08/02/2019 : 12:08:14 PM
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Thank you for the clarification. I appreciate it!! :) Good to know. Honestly, I didn't know that I didn't know. Thank you Linda!
Eleana B. |
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LindaH
Florida
1754 Posts |
Posted - 08/01/2019 : 1:16:52 PM
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From the 2019 California Notary Handbook, page 20
https://notary.cdn.sos.ca.gov/forms/notary-handbook-2019.pdf
"Electronic Notarizations
California notaries public are authorized under current law to perform notarizations on documents electronically 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 California State law. "
LindaH/FL
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eleanab
California
4 Posts |
Posted - 08/01/2019 : 11:12:57 AM
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I'm not sure how to navigate here. Just wanted to share in trying to clarify all this new process I called and emailed, spoke directly with the Secretary of State and was told, "CA notaries can only notarize paper documents" so I assumed they were correct? :)
quote:
Originally posted by LindaH
"CA notaries can only notarize paper documents."
This is not quite true. Ca notaries can perform electronic signings and electronic notarizations provided they've obtained their digital signature and seal. What you can't do right now is webcam notarizations. Your post seems to mesh these 3 functions all into one but, reading through a few times, I think you were referring more to webcam notarizations (based on your reference to "video")
It's important for all notaries to know the difference between the 3 functions and discuss them accordingly.
LindaH/FL
Eleana B. |
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LindaH
Florida
1754 Posts |
Posted - 08/01/2019 : 11:09:04 AM
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"CA notaries can only notarize paper documents."
This is not quite true. Ca notaries can perform electronic signings and electronic notarizations provided they've obtained their digital signature and seal. What you can't do right now is webcam notarizations. Your post seems to mesh these 3 functions all into one but, reading through a few times, I think you were referring more to webcam notarizations (based on your reference to "video")
Additionally, the original post asked what to charge for e-docs...which we can all do as these are documents emailed to us for printing.
It's important for all notaries to know the difference between the various "e" functions and discuss them accordingly.
LindaH/FL
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Edited by - LindaH on 08/01/2019 11:12:01 AM |
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crtowles
California
553 Posts |
Posted - 04/14/2008 : 2:42:19 PM
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Well Linda I do one of the types of signings that you mention already where the borrower's contact me direct. Wells Fargo has been doing these for years now. It was going on since I started many years ago. They send the docs to the borrower and tell them to take them to a notary. But the catch is they tell them that the notary charges about 150.00 for loan docs. So I have made a few clients out of it and the best part is I get the cash upfront. :) The other type LSI does with the POA..they call it Closing Stream. LSI have been doing these also for a couple of years. It is not a new concept. But the catch is I have friends that work at LSI and they tell me most borrowers do not opt for this kind of closing. They also have some lenders that refuse to close this way as they say it opening a can of worms and their legal deparment advises them not to do loans this way.
Carmen |
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Lee-AR
Arkansas
678 Posts |
Posted - 04/13/2008 : 8:10:52 PM
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| A lender is doing that now; has been for a while. They get a POA to the B, B gets ONE doc (POA) signed/notarized-by-any-notary, sends it back. Upon receipt of POA, they all go on-line, view docs, get any questions answered, I suppose 'click' agree and whoever is holding the POA signs on B's behalf. Voila! Done. It's all a matter of the B's comfort level or willingness to allow this (or gullibility). Can't wait to see the shakeout on these a few years from now. Be interesting. I am sure I oversimplified the process some. But the previously notarized single POA is used. Sorry, but I think any of these 'e'-somethings are just a lawsuit waiting to happen. There is just NO way to prevent fraud. B signs POA & a few days later B & next door neighbor are on-line clicking away... am sure we all can think of many scenarios without half trying. |
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LindaH
Florida
1754 Posts |
Posted - 04/13/2008 : 5:10:41 PM
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Carmen, here's a couple scenarios where I think it CAN work without us...
LO meets with borrowers - brings printed copies of docs to be notarized - gets online with borrowers to go over loan docs on HIS dinky laptop...when done, hands package to borrowers and says "take these to a notary, sign them and get them notarized and return them to the lender/title company in this envelope"....OR, prior to signing date lender o/n the docs to be notarized to borrowers - then lender does teleconference with borrowers with them on their computer - they go over the loan docs, do their digital signing, then instruct the borrowers on what to do with the o/n package....in either case it's not guaranteed the borrower will choose a Signing Agent - any old notary will do...that will cut out BOTH a SS and a NSA -
We ARE expendable. MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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crtowles
California
553 Posts |
Posted - 04/13/2008 : 4:29:17 PM
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jlissem I don't believe that they can do without us. They may like to but I doubt if they can do away with us. The borrowers MUST be identified; period. Keep in mind that most borrowers will not accept this method of closing. And the ones that do will still need us for the notarizations and to make sure everything gets signed (whether it e signed or the wet signatures) properly. In house closing never needed us anyway because they already have their notaries in house but the out of state closing which most of us do anyway will always need our services. This is why it is so important that we market ourselves so that folks in other states can find us.
Carmen |
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jlissem
New Jersey
139 Posts |
Posted - 04/13/2008 : 3:43:00 PM
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I only see ESignings as the end of "Notary Signing Agents".
A few wet signiture docs to be Notarized by a Notary Public and the rest of the signing being conducted on the internet directly with the lender/title/settlement company. |
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Lee-AR
Arkansas
678 Posts |
Posted - 04/13/2008 : 3:16:25 PM
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quote:
...don't see how these can be done for less than a standard rate - in fact, IMO I see it commanding MORE..
LOTS MORE!!! |
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crtowles
California
553 Posts |
Posted - 04/13/2008 : 12:58:47 PM
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I've also read that one requirement may be that you still need to print the package just in case there are any technical difficulties at the table ..
This is exactly correct....this is what the company told me.
C |
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LindaH
Florida
1754 Posts |
Posted - 04/13/2008 : 10:44:42 AM
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In the case of a refi I cannot imagine what they can do before the 3-day rescission period is up..in the case of a purchase I can undertand it (sort of) as they need to fund immediately....
However, that doesn't change the fact that ANY faxbacks for me require a separate 30-mile round trip to drop the package - added expense for gas, vehicle wear and tear, etc...so, in an e-signing you have additional "just in case printing"...faxbacks, which I almost never have..and added mileage/trip fees....don't see how these can be done for less than a standard rate - in fact, IMO I see it commanding MORE..
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Lee-AR
Arkansas
678 Posts |
Posted - 04/13/2008 : 07:36:23 AM
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| The faxback of 'wets' is reality...talked to someone who's done one.(Granted, different co's may have different rules.) But, it makes sense--I mean, what's the point of getting the Privacy Policy e-signed and then waiting for the o/n recordable mortgage to arrive before you start--well, whatever it is that they want to start doing that they can't wait a day to receive the originals? However, the N involved did not have to 'print everything'...just the 'wets'. Again, I'd suppose each co. has its own way. And, printing everything--just in case--also makes sense...for a stupid idea to begin with. |
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LindaH
Florida
1754 Posts |
Posted - 04/13/2008 : 06:18:53 AM
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"I also understand that you'd need to faxback all the 'wets' plus, of course, o/n them, too. And they want to pay less, the same, just a bit more???? Thanks, but no thanks."
More info I've read on this - not sure if these are rumors running rampant with the story gaining in length and notoriety or if they're true (and I can see where they could be) but I've also read that one requirement may be that you still need to print the package just in case there are any technical difficulties at the table ... now in my neck of the woods that is a highly likely possibility - loss of internet, low signal in the pasture (<G>)..etc., etc..
Kind of defeating the whole purpose of the e-signing if I STILL have to print a whole package ... umm...HELLO??? are any of the powers that be listening??...Geez, I hope so...
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Lee-AR
Arkansas
678 Posts |
Posted - 04/13/2008 : 05:54:05 AM
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Rent an Aircard? Great idea, but turns out to be not great at all.
A very quick look located one place where you could rent-a-card for a minimum of 3 days @ $5.95/day; another place was $100/mo. Catch... you need a lot of 'lead time' to rent. Suitable for rare business trips, I'd guess. Frankly, I think e-signing is the dumbest idea since Enjoa. One wonders why it's being pushed. Found an answer on some board from someone who'd done one & will not repeat the experience--because a HEFTY premium is paid to the Mortgage Broker for 'selling' this concept to the B. It's always about the money, isn't it? And how they (not us) can get more of it. It also seems that the people who hire us to do this have perhaps 2 working brain cells. The logistics/costs (as outlined by Carmen) are a nightmare!
I also understand that you'd need to faxback all the 'wets' plus, of course, o/n them, too. And they want to pay less, the same, just a bit more???? Thanks, but no thanks. |
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jlissem
New Jersey
139 Posts |
Posted - 04/13/2008 : 04:52:01 AM
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Carmen
Have you looked into renting an air-card when you need one?
I know that there companies that rent them, but do not know the details.
Jim |
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crtowles
California
553 Posts |
Posted - 04/12/2008 : 11:46:26 PM
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Linda that was not really discussed at length as the company that called me would not be paying me they just prepare/generate the doc's electronically for the the lenders/title companies. This particular lender that uses me referred me to this company as I have done quite a few closings for them over the years and since they want to continue to use me I needed to be set up in this companies data base so that they could give me the information on retrieving the docs. The e loan is not set to close for a couple of weeks. Inormally charge this company 175.00 (edocs) so I would assume that it is the same. I will be asking for more when it comes down to it. I think I should be compensated for the extra expense and trouble. If I was going to get several of these per week then it should warrant me signing a new contract with att. But if this is going to be a once in a blue moon type deal then I would rather just pass. And jlissem I don't like the idea of all of us cramming together with one laptop screen either. A little to close for comfort for my taste.
I let you know what happens.
Carmen |
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LindaH
Florida
1754 Posts |
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jlissem
New Jersey
139 Posts |
Posted - 04/12/2008 : 12:40:29 PM
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| All I can see is two people and you sitting in the middle, in front of a laptop reading documents off the screen and passing the mouse back and forth while breathing in your face. |
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crtowles
California
553 Posts |
Posted - 04/12/2008 : 11:01:38 AM
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I just got my first call for an e-closing yesterday. The way it seems to work is that you are referred by a broker , title company or lender that is already using you. (mine came form a lender that uses me direct) The company that is really pushing these ask you if you are set up with an air card and laptop. You will have to print a set for the borrower (she said if something goes wrong or the borrower changes their mind and they can have the copy as well). The legals still need to be wet signed. I don't know if this is going to be the norm. But right now it seems that if a company is using you already for their current closings they will just contact you to see if you are set up for this new stuff a rather than use a new person. I don't know if I want to even bother with this. Still gotta print but now have to lug a laptop and have another expense of an air card. I just cant see the majority of my signings going in this direction to make it worth the expense. I contacted my cell provider (att) and I can get the air card for free and a 1 year or 2 year contract at 60.00 a month. But to be saddled with this extra bill for at least a year because of 1 call just doesn't cut it with me plus the money currently offered is just not worth it to me. I just don't get the point of all this extra work. Now if it was a real e closing with an e notarizations,et all, it would make sense. But they are adding extra expense for us and more work for the same or less fee. IMO, this is really stupid and wasteful. It seems to me that somebody is really pushing this before everything is set in place. I thought is supposed to make things easier not harder.
Carmen |
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LindaH
Florida
1754 Posts |
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Shannon
California
360 Posts |
Posted - 04/12/2008 : 12:06:56 AM
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$25
"A Quick Note"
WWW.AQUICKNOTE.NET
Now Providing "Service of Process" in Orange County, CA |
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bondmobilenotary
Idaho
41 Posts |
Posted - 04/11/2008 : 3:01:38 PM
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I only need a air card and would be set. I have a laptop (windows vista) Most areas here get good cell reception. It all depends how far you get out though. ( I live in a big valley with mountains all around).
Like you I will wait until I have had requests for this. I have yet for someone to ask if I have it. When I start to get multiple requests then I will consider it.
But my price will not be the $90.00 you had heard it will be more as the additional equipment.
Kathy Bond |
Edited by - bondmobilenotary on 04/11/2008 3:03:14 PM |
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LindaH
Florida
1754 Posts |
Posted - 04/11/2008 : 2:51:18 PM
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That's just what I heard - doesn't make it so...
I was just talking about it with my husband...was considering getting an aircard - we were tossing it around at the dinner table...til I realized I haven't had ONE call yet asking if I had this capability...so I'm going to wait...not gonna get an aircard until I start getting serious calls asking me to do e-signings - won't take that long to get up and running....up in this neck of the woods (or down depending on your location) that's could be a quite a bit of time away - your standard layperson here just isn't that trusting yet. Not to mention my signal here is pitiful..
JMO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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bondmobilenotary
Idaho
41 Posts |
Posted - 04/11/2008 : 12:48:14 PM
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$90 for a e-signing is stupid. I will not obtain the additional equipment for these if they are not paying more than e-docs. What part of additional equipment\expense don't these peeople under stand!!!
Kathy Bond |
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jrlbw
North Carolina
11 Posts |
Posted - 04/11/2008 : 05:42:18 AM
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How much more or less do you charge for e-docs...This type signing does require an internet card in the laptop, which is a monthly charge...Linda
Linda Willett |
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Topic |
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Dear Signing Agents,
E Documents
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