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jbelmont
California
3106 Posts |
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n/a
Massachusetts
3 Posts |
 Posted - 03/27/2008 : 4:25:11 PM
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| I never turned in any paperwork and knock on wood have never heard from these "lawyers" - another term I will use loosely, again. However that said, still not doing anything real estate related I am afraid...... |
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Deborah Bond
Massachusetts
71 Posts |
Posted - 03/27/2008 : 4:19:24 PM
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Anybody have any updates??? I don't other than to say the attorney is STILL following up. He told my attorney (the one I work thru who also represented me) that he was "out to make sure we don't do this work anymore"...after the Paralegal at the office got no where our attorney called and since my husband was called for a deposition told him NOT to go since he (the atty) was not able to go that day. At this point it has NOT been rescheduled...JERK
Deborah Bond |
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mass
23 Posts |
Posted - 08/01/2007 : 12:32:22 PM
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| Hello: I just read in the Mass Notary Bulletin that North Carolina Signing Agents Defeat The Bar Association Bill. From what I understand, the first round clerified that a Notary can work under the direction of an attorney, but it is not an official rulling in the courts. Sounds to me that if N.C. rules in favor of Notaries than Mass doesn't have much of a chance. The NNA is envolved in the clerification.....take it all with a grain of sand and just hang on tight. If you are working through an attorney, then for now you should be OK. You'll have to decide. |
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n/a
1 Posts |
Posted - 08/01/2007 : 11:42:41 AM
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Just curious to find out if anyone has recieved any more of these class action suit letter...I had received two around the time this discussion was posted and I never sent back the reply either...But haven't been involved in any closings then neither in fear they would come and get me LOL. ...but is it safe to continue???? Just want to go back to making some $$ |
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mass
23 Posts |
Posted - 01/01/2007 : 10:55:56 PM
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| Sooooooo Glad to help you vent! Anytime....legal advise NOT forthcoming....advice to the love forsaken? Maybe |
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n/a
Massachusetts
3 Posts |
Posted - 01/01/2007 : 10:35:16 PM
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Thanks for your reply. I have not filled out the paperwork nor am I going to. It also says it is a certified statement at the top of the page? Certified by who?? It is not witnessed and it is not notarized so I am not sure if it is actually certified. I guess if I signed it I am certifing my own statement but that is kind of nuts for lack of a better term. They just want a trail of paperwork and I am not helping them. If I get served then they will get some type of for the record statement but I am not signing things that do not apply to me and I am especially not certifing a statement that is incorrect!
Also being a paralegal, I looked over this suit. I find the claim that we are representing ourselves to be attorneys thus practicing law a stretch to say the least. Since when (especially with all the courses I have taken) is pointing to a line and saying sign there or when asked a question referring them to their attorney practing law? I have had MANY classes on how not to ever under any circumstances give the client any information that could make it sound like you are giving legal advice. So what gives? Paralegals type up all of the information and in most cases the paralegals research the information too so we have to know it well, but as a notary I cannot say sign here? I am not qualified in their opinion? I guess I am qualified for them to charge extra to the client since as a certified paralegal if I am working for the attorney my hours are "billable" where as if I was a legal secretary they are not, but I am not qualified to say sign here. What a joke! It is about the money and that is all it is, about the money.
You are right about us being the bait. They are trying to intimidate I believe us into boycotting the signings so that the title companies say that it is not worth it for them to do business here. I believe it is best to just sit back and watch what happens for now but again they win because really what are the odds that any of us notaries get any fair representation? The lawyers for the title companies will ask for back wages but do you think the notaries will get any for missed work? No. The lawsuit they filed is also full of typos, and if you look at who is named and when they break down the parties in the first page, they missed a name. They include it later when they break down what each individual has allegedly done, but they missed it in the begining. I had to tell that gentleman and I use that term loosely, that as a paralegal, I thought their paperwork was horrendous. I told him I would look into which person typed and then approved it! If I turned that in for a class I would have failed. To miss a party! That is ridiculous.
Well good luck to all my fellow notaries. I will let you know if I receive anything in the mail! And to those of you that are named please see if you can COUNTERSUE!!!!! I really would like it if you can finally once and for all get it so that we know what we are allowed to do and what we are not allowed to do. This law that Mitt Romney signed is too vague. I personally and for any lawyers reading this statement, THIS IS NOT LEGAL ADVICE, do not feel a refinancing and a closing for a first mortgage are the same. I also feel that if in this day and age you do not bring a lawyer with you or have a lawyer look over your own paperwork if you do not understand it then you deserve what you get so I have no idea why we notaries are being accused of practicing law. Their I vented I feel better
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mass
23 Posts |
Posted - 01/01/2007 : 9:50:16 PM
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Good Day sasse: You are right to feel angered by the "finger" pointing and the assumptions. This is exactly how many of the other Notaries feel. The attorney/s, bringing the suit are interpreting the wording to try to benefit their client. They/he was very rude to me also! A friend of mine, has a friend, who is a real estate attorney. Their conversation about this was so far from the truth about what a Mobile Notary does that my friend was getting upset. He thought he knew this guy after 25 years? There has been a lot of hype among the real estate attorneys AND absolutely NO information or warning given to the Notaries. Sure felt like we were being thrown to the hungry dogs. You are doing the right thing in not wanting to sign or check a box that does not apply. Don't forget, the attorney bringing the suit is already "confused" about the issues. Good Luck |
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n/a
Massachusetts
3 Posts |
Posted - 01/01/2007 : 11:12:51 AM
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I too have been a victim of this "lawsuit" if you want to call it that. I am a certified paralegal (graduated May 2006) that obtained her notary to go with her job search. I have done all of 3 notarizations and I have left the part of whether or not I have done signings blank because I have not done any of them. I am clearly qualified to do them but again the purpose of my having my notary is to go along with the paralegal certification.
What did this get me? A letter telling me that I had the 3 options to select. 1) was I worked under an attorney, 2) was I was doing signings and would stop and 3) was that the information was incorrect. I called the gentleman that is listed on the paper and told him that none of it applied to me. He told me to select the one that said the information was incorrect. I replied that I would not do that because it is not incorrect, it is correct. It was left blank because I did not do any closings. He told me to just fill out the paperwork and hung up.
Hello, it is not incorrect, I wasn't doing any signings and my information clearly showed that and I am not filling out anything!! Who do these people think they are? I find the fact that they just assume that I am doing something wrong extremely upsetting and I am left to wonder if we have any recourse?
Any suggestions?
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mass
23 Posts |
Posted - 12/28/2006 : 10:58:11 PM
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| Rosemary. Thanks for jumping in with you information. Sounds like the letter covered the bases, but I would have to check with the lawyers I work with to see "if" they want to be listed. Kinda a tricky thing. I work with several attorneys now and I think if we all hang in we will come out better in the long run. Remember, they are really after the Title Companies here and we are just the bait. So, carry on and do a good job! |
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n/a
Massachusetts
2 Posts |
Posted - 12/28/2006 : 10:34:05 PM
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I received a letter from Suffolk Superior Court. It was basically an "informative" letter. Stating that back in 2004, lovely Mitt Romney, signed into law that a Notary cannot witness a Real Estate transaction without a Massachusetts Lawyer being involved.
The letter gave 3 options to sign and return to the Real Estate Bar Attorney - basically in short terms -
1) I work with an Attorney for the closings and the name of the Attorney is ___________.
2) I was unaware that it was unlawful for a Notary to sign for Real Estate Closings in Massachusetts and will not witness any futher closings unless I am working with an Attorney (the one I checked off) and
3) the information on 123Notary is outdated and is inaccurate.
We would basically have to work for the lawyer in order to get this done. Now this is still possible for the Notaries out there that enjoy making a little extra money. I've researched this law and unfortunately, I agree with it. UGH! This law was set into place to protect the Massachusetts Real Estate BUYER. There are so many mortgage companies out there to make a buck that they are blatenly screwing the Massachusetts Buyers and they get away with it. I've seen it. Honestly, if someone is going to get sued for a real estate transaction gone bad, missing docs or wrong information on the docs, it will not be me! I'd RATHER work for an Attorney and get paid by the Attorney than deal with the courts of Massachusetts. Do I wish this law did not get passed - Hell yes! I enjoy making extra money! Do I wish the law to change to help us and not hold us liable - HELL YES! |
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mass
23 Posts |
Posted - 12/21/2006 : 07:30:30 AM
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| Geeezzzzz what is their problem??? Some lawyers are trying to get rich. Little do they know that this is NOT big buck business! Please do keep us informed. TY |
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Deborah Bond
Massachusetts
71 Posts |
Posted - 12/21/2006 : 07:22:30 AM
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UPDATE...apparently they are filing on GROUPs of notaries. Hubby was called by one in Boston who works for a shipping company and gets lots of walk in work....He stated that he was in the 3rd group to be filed against. I however cannot find anything on it but will continue to look.
Deborah Bond...
Notary Public
Eastern Massachusetts |
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mass
23 Posts |
Posted - 12/20/2006 : 8:42:41 PM
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| Let us hope that the preliminary ruling holds. With so many of the MA Attorneys giving the "mobile" signature witnessing portion to Notary Publics it seems to me that the "interpretation" of the wording "under the direction of" has been determined. Merry Christmas and Happy Hollidays.....now let's get out there and "witness" ! |
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Deborah Bond
Massachusetts
71 Posts |
Posted - 12/20/2006 : 1:43:02 PM
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Our Attorney informed us that a preliminary ruling by the judge was filed stating that (per EO 455) notaries must work under DIRECTION OF not FOR an attorney as stated in the lawsuit.
Those notaries that did not do the decrees are potentially open for further suit as this is ONLY preliminary and could be overturned on appeal (which the atty for REBA told our atty he will be filing). IF however the Appeal fails, we could file our own suit for defamation of character, loss of wages, and several other things….I know I myself have lost out on at least 15 -20 signing just since just before Thanksgiving because those that called that I MUST charge Atty fees and the Atty must be paid.
HOWEVER, be aware that the ruling does not apply to those who had done Consent decrees as those decrees precede the ruling. This suit is for any REAL ESTATE signing agent work done by ANY notary. It does not apply to single items like quit claim, mod agreements or someone asking me to sign any other type of paperwork. I can still do that without an attorney.
I am sending this email because today I was informed that the atty office is now sending letters to those notaries on 123Notary and potentially Rotary Notary by a notary NOT on the listed suit.
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mass
23 Posts |
Posted - 12/12/2006 : 10:58:24 PM
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| The whole thing is very sad and not kind at all! Did you use the work "sleeze" ??? Where is the concern for the little guy, US's |
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Deborah Bond
Massachusetts
71 Posts |
Posted - 12/12/2006 : 3:12:55 PM
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As one of the named 11 I have had entered into the court records, a consent decree agreeing not to do any signings outside of the attorney's that I work with. I for one have noticed the following; (a) the number of calls have gone down overall, (b) the calls that result in signings I take because they are willing to pay the Attorney fees is WAY down, and (c) AS a Massachusetts consumer...I should have the choice if I am informed borrower, and most are. This is going to hurt me financially a lot, it is how I pay for a lot of the incidentals that I buy and may necessitate in me taking on a 2nd part time job to make ends meet. I frankly do not like it and am afraid that by rocking the boat, so to speak the limited amount of work I do have may be removed as the court does have the authourity to revoke my commission or to request that the state do so .
That being said....I would love to get in their faces and explain that I am NOT hurting their business, or their livelyhood, but they are certainly hurting mine. The only ones winning here are the attorney's. I've had conversations with two of the other notaries and both were in complete SHOCK that this had happened one had not been served and found out the same way I did...through a reporter.
Mine was with Lawyers Weekly (the sleeze did not mention the words "OFF THE RECORD" could be used)since this was my first interaction with a reporter I was nieve and stupid. By the time I realized that he was twisting my words around, it was too late. The last notary I spoke to had not been served and found out from a reporter with the NNA who IS doing a story on this...I started that conversation with "FOR THE RECORD, NO COMMENT" and then "OFF THE RECORD" the poor guy got his ears burned off for at least 10 minutes. I was so angry at that point and I vented on him....
For those notaries named I suggest a lunch or after work dinner (or Saturday or Sunday) to meet, converse, compare and vent and offer each other support. If your willing to join me, email me at itsebayonly@aol.com an account that I use infrequently and gets little spam. Maybe before the end of the year or first of the year we could get together in a CENTRAL location to those agreeing to meet. I know that the named people are from Eastern to Western Mass and North and South as well. While I do not intend to exclude those NOT named I would like to limit the first (and maybe last) meeting to those named so that there is no one who is singled out as being for or against us. Hope to hear from you. |
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mass
23 Posts |
Posted - 12/11/2006 : 10:24:35 PM
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YOU are so right! Eleven chosen few, based on what they say is "advertising" themselves as signing agents...which is an assumption on NREIS's part. Advertising (as they say) does not constitute the deed (punny) and if I get a call from a Title Co, Lender, or Signing Company I refer them to a Mass attorney who handles these transactions. Bottom line is: the NREIS's net isn't big enough to catch the big fish, so they will go after the little ones. Let's hope being "mobile" means being good swimmers! |
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Renee
Michigan
549 Posts |
Posted - 12/11/2006 : 6:35:34 PM
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I wonder if NREIS or the 11 NSA's named in the suit will consider as one of their case-points that 'Attorney Only' states have a LOUSY track-record as far as mortgage fraud. Didn't Georgia top the list last year (an Atty Only state!). That would sort of negate the Bar Assoc. from using THAT as a reason to remain Atty Only.
Where does the NNA stand on this? Do they ever step up to protest, protect, or act in favor?
While I might not agree with the reasoning behind states that mandate for Atty-only closings - I don't think I'd volunteer myself as a test case by doing atty-LESS closings in any of those states. The headline of the article says it all with the key words: "Turf War." NREIS & The Eleven - against the Bar Assoc, at battle in a system comprised of primarily attorneys? |
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mass
23 Posts |
Posted - 12/11/2006 : 09:00:37 AM
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All depends on your interpretation of the wording, I guess. I only Witness the Signatures as a Notary....I am NOT involved in the "closing proscess", I do NOT advise the signer/s in anyway, except where to sign. I do NOT collect $$$. The clients have the NRC which gives them 3 days, more if there is a Sunday or Holiday, to cancel the transaction. I am NOT involved in preparing the figures or the content of the Documents. I do NOT charge the client for my service. I am paid through the attorney/s who contract for the work. Journal entries are kept, at least by me, for these transactions. I am a Notary Public who happens (at times) to be "mobile". I accept many different kinds of assignments. I do NOT work specifically in any one type of "signature witnessing". Thanks for listening and the help.  |
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jbelmont
California
3106 Posts |
Posted - 12/11/2006 : 08:38:33 AM
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| It is sad that notaries are getting in trouble for doing signings. Is a signing a closing? Sort of. But a signing agent is not the same as a closing agent in an escrow company. I guess we'll have to leave this one to the courts to decide because I am not an attorney and can't decide on my own what should be legal and what shouldn't. But I am routing for the notaries on this one. |
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mass
23 Posts |
Posted - 12/10/2006 : 8:08:34 PM
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| THANK you so much for your time and effort in searching for information! This weighs heavy on my mind, since "we" little guys are the ones who have to answer to this charge. Most of the Notaries that I have been in contact with, like me....work through Attorneys as independent contractors. Sigh, Sigh |
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Renee
Michigan
549 Posts |
Posted - 12/10/2006 : 7:38:06 PM
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Here's a link to an article outlining the lawsuit:
**YOU MUST CUT & PASTE THIS ADDRESS - IT DOESN'T LINK TO FULL ARTICLE IF YOU JUST CLICK ON IT**
http://masshightech.bizjournals.com/masshightech/
othercities/boston/stories/2006/12/04/story3.html?page=1&b=1165208400^1383805
Pretty interesting stuff - be sure to read page 2 as well. |
Edited by - Renee on 12/10/2006 7:41:22 PM |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 12/09/2006 : 12:26:13 AM
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Jeremy,
What are your comments on this?
Legal Eagle Para Professional Services |
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mass
23 Posts |
Posted - 12/08/2006 : 08:31:46 AM
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| In November 2006 a Class Action Suit was brought against 10 Mobile Notaries in MA. The suit says that MA Notary Publics can not perform "Signature Witnessing" for in home Refi's, HI's, Equity Loans. Mass is also an attorney state. However, most Notaries in MA know this and work with an attorney. The Signing Order is sent to an Attorney in MA and then is assigned to a Notary to do the in home witnessing. We, notaries, do NOT consider this action to constitue "a closing" of real estate. The Real Estate Bar Association for Massachusetts Inc. is the Plaintiff. Most of the attorneys requesting a Notary in home Signature Witness are NOT able to travel to clients which are sometimes several hours away from their office. NOR are they willing to do so for the $$$ that are offered them to do so. A Mobile Notary is a vital conponent in FREE CHOICE for the citizens of the USA. I believe that stopping or putting fear into Mobile Notaries for filling a vital need for the general public is UN-constitutional! Any ideas here??? or advice as to how Other NON-ATTORNEY States proceeded in action that allowed Mobile Notaries to perform, in home "Signature Witnessing"????? ps: information in the suit was gained from 123Notary and other online sites where these Notary Publics listed their services. The Plaintiff took a lot of info out of contex, without proof....listing on notary sites brings many other types of work to the Mobile Notary. WE all need to stand by eachother. OUR job is NOT an easy one. Thanks and Prayers |
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Dear Signing Agents,
MA - Class Action Suit
Be the first person to vote!