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Lee-AR
Arkansas
678 Posts |
 Posted - 07/30/2009 : 2:32:24 PM
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Agree wholeheartedly with Bobbi on this. Requirements to have membership in any organization in order to obtain a background check from another co. when you can, in fact, get the same background check directly is... well, you can form your own opinion--I know what mine is.
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BobbiCT
Connecticut
135 Posts |
Posted - 07/30/2009 : 09:17:07 AM
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The background check is for a "signing agent" service, or "vendor" or "subcontractor".
If you are acting stricktly as a notary public (public official) and paid the statutory fee for only duties allowed in your state as a notary public, I can see objecting to a background check.
If you are providing other services and being paid as a "vendor" or "subcontractor," then a background check or references is a reasonable request. I object, however, to the hiring entity stating you must get a background check through a third party that is going to contract it out to a fourth party. Why not go direct? LexisNexis and other companies can provide a background check direct to the hiring entity rather than requiring the applicant vendor to pay more to benefit the fourth party vendor. Sounds like some extra fee income for the hiring entity and the fourth party vendor to me.
Bobbi in CT |
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n/a
California
3 Posts |
Posted - 07/29/2009 : 4:28:33 PM
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Hi Carmen,
I have recently been in contact with the Attorney General's office concerning the legality of a third party (such as a lender) requiring a loan signing agent to provide a background screening certificate. What is your opinion on this?
My position is that Notaries Public already undergo a Live Scan background check by the Secretary of State through the DOJ and FBI before they are even commissioned. I do not think it is fair that Notaries are having to suck it up and pay yet another outside agency to conduct another background check in order to keep their business running. Many lenders do not accept Live Scan results, and require notaries to go through agencies such as NNA or Lexis Nexis.
Again, I find this requirement not only redundant, but questionable as to the legality. There is a Penal Code Section which states that no third party can require a criminal background check. Sure, in a sense they are not forcing a notary to provide one, but if you don't, more than likely they will not hire you for an assignment.
I'm anxious to hear back from the AG's office and will keep anyone who is interested posted. However, I would like your thoughts on this too. Thank you!
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Legality of Background Checks
