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Irene
Washington
8 Posts |
 Posted - 03/19/2012 : 10:46:04 PM
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quote:
Originally posted by FlaNotary
The important thing to remember when dealing with protests, is that they can NOT be used to avoid a debt. There are many people out there trying to avoid paying taxes or "fight foreclosure" with a fraudulent process called the "Notary Protest Method", "Notary Default Method", "Notary Acceptor Process", "Notary Certificate of Dishonor", etc. This method requires the notary to certify that certain documents were mailed by certified mail and that no response was received. It isn't an authorized duty of notaries in any state and many naive notaries are coerced into taking part in these fraudulent activities.
A true protest is nothing more than a certificate issued by a notary certifying that a negotiable instrument (limited to a bank draft/check or a promissory note, for all practical purposes), was properly presented for payment and that payment was dishonored. A protest is the equivalent of a check stamped "NSF"... it is really only used to provide proof that a check was not honored by the bank. Because "NSF"-stamped checks are now frequently used in court and are accepted as proof that dishonor occurred, there is very little need for protests in modern times. The only time a protest *might* be necessary is if the check was foreign, and the foreign court requires a protest issued by a notary.
In most states, protests are included as part of the Uniform Commercial Code section of the state laws. The UCC provides that a notary can issue protests upon information satisfactory to him or her. The problem is, most notaryies don't have enough information available to really issue a protest. I would have no problem "protesting" a dishonored check that was stamped "NSF" with a bank's name, but I would not want to protest a promissory note because I have no way of knowing if or when the note was properly presented for payment. No amount of information a person could provide me would be satisfactory enough, and on those grounds I can refuse to do it.
I have done protests for my employer when we have had "bounced" checks from client. They are authorized duties in Florida and many other states, but many states do not allow their notaries to perform protests. Even in states where it is allowed, notaries are generally discouraged from performing this act unless they are acting under the supervision of an attorney or financial institution.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com
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CopperheadVA
Virginia
420 Posts |
Posted - 01/04/2012 : 04:58:12 AM
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Notary Protests are not mentioned at all in the VA notary handbook, and specifically are not mentioned as one of the authorized acts of a VA notary public. As such, I refuse all requests for them.
CopperheadVA
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Edited by - CopperheadVA on 01/04/2012 07:27:21 AM |
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jbelmont
California
3106 Posts |
Posted - 01/04/2012 : 03:11:16 AM
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Has anyone done a Protest ever? I think it is an antiquated act, but almost all states allow this procedure.
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n/a
Illinois
19 Posts |
Posted - 08/14/2010 : 5:39:40 PM
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...well we can go round and round with this as we all have our interpretations...its just best to leave it alone here.  |
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FlaNotary
Florida
59 Posts |
Posted - 08/14/2010 : 1:30:03 PM
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I meant "true protest" as in the protests we as notaries can actually do. These presentment/acceptor things are not real protests at all.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com |
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n/a
Illinois
19 Posts |
Posted - 08/14/2010 : 1:09:57 PM
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Never heard of there being a 'true protest'. A notarial protest is a notarial protest and by no other name, and yes, there are UCC laws that govern these both state and federal.
I've yet to see a successful notarial protest. There are folks out there that are absolutely convinced, 'us notaries do not know our true power' in our capacity...geez, I've heard it all!
Also bank notaries are usually used to perform notarial protests for nsf checks.
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FlaNotary
Florida
59 Posts |
Posted - 08/13/2010 : 6:29:24 PM
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The important thing to remember when dealing with protests, is that they can NOT be used to avoid a debt. There are many people out there trying to avoid paying taxes or "fight foreclosure" with a fraudulent process called the "Notary Protest Method", "Notary Default Method", "Notary Acceptor Process", "Notary Certificate of Dishonor", etc. This method requires the notary to certify that certain documents were mailed by certified mail and that no response was received. It isn't an authorized duty of notaries in any state and many naive notaries are coerced into taking part in these fraudulent activities.
A true protest is nothing more than a certificate issued by a notary certifying that a negotiable instrument (limited to a bank draft/check or a promissory note, for all practical purposes), was properly presented for payment and that payment was dishonored. A protest is the equivalent of a check stamped "NSF"... it is really only used to provide proof that a check was not honored by the bank. Because "NSF"-stamped checks are now frequently used in court and are accepted as proof that dishonor occurred, there is very little need for protests in modern times. The only time a protest *might* be necessary is if the check was foreign, and the foreign court requires a protest issued by a notary.
In most states, protests are included as part of the Uniform Commercial Code section of the state laws. The UCC provides that a notary can issue protests upon information satisfactory to him or her. The problem is, most notaryies don't have enough information available to really issue a protest. I would have no problem "protesting" a dishonored check that was stamped "NSF" with a bank's name, but I would not want to protest a promissory note because I have no way of knowing if or when the note was properly presented for payment. No amount of information a person could provide me would be satisfactory enough, and on those grounds I can refuse to do it.
I have done protests for my employer when we have had "bounced" checks from client. They are authorized duties in Florida and many other states, but many states do not allow their notaries to perform protests. Even in states where it is allowed, notaries are generally discouraged from performing this act unless they are acting under the supervision of an attorney or financial institution.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com |
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FlaNotary
Florida
59 Posts |
Posted - 08/13/2010 : 6:25:42 PM
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The important thing to remember when dealing with protests, is that they can NOT be used to avoid a debt. There are many people out there trying to avoid paying taxes or "fight foreclosure" with a fraudulent process called the "Notary Protest Method", "Notary Default Method", "Notary Acceptor Process", "Notary Certificate of Dishonor", etc. This method requires the notary to certify that certain documents were mailed by certified mail and that no response was received. It isn't an authorized duty of notaries in any state and many naive notaries are coerced into taking part in these fraudulent activities.
A true protest is nothing more than a certificate issued by a notary certifying that a negotiable instrument (limited to a bank draft/check or a promissory note, for all practical purposes), was properly presented for payment and that payment was dishonored. A protest is the equivalent of a check stamped "NSF"... it is really only used to provide proof that a check was not honored by the bank. Because "NSF"-stamped checks are now frequently used in court and are accepted as proof that dishonor occurred, there is very little need for protests in modern times. The only time a protest *might* be necessary is if the check was foreign, and the foreign court requires a protest issued by a notary.
In most states, protests are included as part of the Uniform Commercial Code section of the state laws. The UCC provides that a notary can issue protests upon information satisfactory to him or her. The problem is, most notaryies don't have enough information available to really issue a protest. I would have no problem "protesting" a dishonored check that was stamped "NSF" with a bank's name, but I would not want to protest a promissory note because I have no way of knowing if or when the note was properly presented for payment. No amount of information a person could provide me would be satisfactory enough, and on those grounds I can refuse to do it.
I have done protests for my employer when we have had "bounced" checks from client. They are authorized duties in Florida and many other states, but many states do not allow their notaries to perform protests. Even in states where it is allowed, notaries are generally discouraged from performing this act unless they are acting under the supervision of an attorney or financial institution.
Robert T. Koehler
Notary Public for the State of Florida
Commissioner of Deeds for the State of Florida in the Bahamas
Commissioner of Deeds for the State of New Hampshire
Certified Loan Signing Agent
AAWO Accredited Wedding Officiant
www.NotaryWeddings.com |
Edited by - FlaNotary on 08/13/2010 6:27:49 PM |
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LindaH
Florida
1754 Posts |
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n/a
1 Posts |
Posted - 03/22/2010 : 09:32:21 AM
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| how is it done and what are the ramifications. |
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