Category: In the News

What started in Philly has opened a can of worms across the nation, and unfortunately, the fraudulent deed crisis is not going away anytime soon.

While local and state governments across the nation are creating and passing new notary rules and regulations, massive holes in their current rules are being exploited.

We Wish This Was a Dead Horse, But it Isn’t

It is almost a joke this point that we are still covering this, as allegations and investigations spill over from state to state, the latest in North Carolina.

And while we wish we could minimize it, especially seeing it is a mainly a governmental issue, we cannot for one single reason.

Trust.

Every time this occurs, it is the association. Every time someone gets a mortgage and the accompanying title they must be wary.

It is the news with a fellow notary making a defense for themselves, even though it has been shown in almost every case to have nothing to do with the notary.

Professional notaries instill both legitimacy and trust.

Here is to thinking there is no such thing as bad publicity.

Notaries are the Front Line

News also hit that a California notary halted the sale of a home after discovering the seller had multiple names.

We do admit, this could be a legitimate sale, but it was not one backed by documents at the signing. If it is a legitimate sale, then the sellers will have to go through the proper channels to sell the home. Which is what they are supposed to do.

The important takeaway here is that a professional notary can step in before the issue, whereas government has only shown it can step in after the damage is done.

So What’s Up with North Carolina?

A new scandal is brewing, actually two, now in North Carolina. One involving state licensing, and the second the all too typical “deed” done in Charlotte.

WCNC in Charlotte has been leading the investigation into the issue.

WCNC Charlotte found dozens of licensed notaries, who are in charge of signing important documents, were stripped of their commissions because of forgery, fraud, or previous criminal records. Those findings are leading State Senator Natasha Marcus to launch her own investigation.

WCNC Charlotte

Basically, they are saying that the issuing and renewal was too lax, which opened doors to abuse of the system, as people who should have never been notaries were commissioned.

In 2017, we reported on notary concerns in North Carolina surrounding their Secretary of State. At the time, the issue was limited and debated, but current news seems to suggest there might have been more issues than believed at the time.

The dirty deed issue is discussed at further length in the link above. At this point the vast majority of us knows what it is, and truthfully, we don’t need to hash it out here again.

The only thing of note is that the notary, forged or involved, resigned their position and moved out of state shortly after initial police reports were filed. But, they are still available and speaking.

WCNC Charlotte spoke by phone to the notary in (…) case. (They) said someone forged (their) signature as well, and he said (they) was were not sure how they got a hold of (their) stamp.

WCNC Charlotte

Some minor changes were made to the above quote to remove the specific case, as well as conceal the sex of the notary. You can follow the link if you wish to see the unfiltered version.

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We are at a loss on this one. A Utah man was found dead in a freezer with a notarized document stating that his wife did not kill him.

Say What?

It took us a while to wrap our heads around this one as well, but there is a decent backstory to it. Just another in a long line of bizarre notarial signings.

Frozen with Your Notarized Document

This is not just some event that happened recently. The man, a military veteran, was frozen since 2009. 2009.

Two ….. Thousand ….. Nine

The man is reported to have been diagnosed with a terminal illness. The notarized document was signed the previous year stating his wife was not responsible for his death.

Local News Affiliate WTKR has reported local authorities believe he died of natural causes.

Read the Fine Print

The Notary said they never actually read the document, just signed/stamped it.

And now they get to be the notary that signed a death document that was not a will.

There is literally no good part about this for the notary. This story has been seen lightheartedly in the local area. Every time someone googles your name, they are going to see the video on CNN.

And since the entire story is so bizarre, local residents are less likely to forget, or ask themselves how/why the name sounds somewhat familiar. And then they go to Google. And we think you can figure what just might happen next.

They say there is no such thing as bad publicity. But, this is probably a special case. And not in a good way. Fortunately, for this notary public, the name of the notary has not been a focus of the story. And hopefully it stays that way.

Fraud Was One Reason to Put the Document on Ice

While the Veteran died, the checks from the VA and social security kept being delivered. It was probably a driving factor in what happened, regardless of the convenient document.

The woman recently passed, which led to the discovery of the husband in freezer.

Anything to Take Away

We sure hope not. We would hope the expectations are higher. Everyone needs to at least know what you are signing, and not just be a rubber stamp.

Don’t forget this is a great example of a document that someone may sign under duress.

And maybe consider the possibility of not signing something like that. Ever. Seriously, if the husband was found before the wife died herself, the notary would be hating life right now.

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The digital era has been here, and for notaries, it is entering its final stages. We’ve been talking a lot about RON, but what about ROBAN?

What is ROBAN, you ask? Besides another acronym we just made up? We call it Remote Online Become a Notary (tongue placed firmly in cheek).

Become a Notary in Your Jammies

Is that a joke to end the year?

Maybe a little. But, not completely so.

The world has been moving into a direction where you can do just about anything while lounging on your couch eating Doritos and watching Lord of the Rings for the 900th time.

We know what you are thinking right now. ROBAN should stand for Robe On. And we would agree, if we didn’t make ROBAN up in the first place.

Anyways, just a little more seriously.

Become a Notary From Home

Connecticut has unveiled their online notary portal.

This online portal contains everything you need to become a notary, or stay a notary.

• Notary Training – Is it in the portal? Good!
• Notary Testing – Is it in the portal? Good!
• Uploading Docs like Writing Samples – Is it in the portal? Good!
• Pay Your Registration Fees – Is it in the portal? Good!
• Get Your License – Is it in the portal? Good!
• And How About Renew Your Commission – Is it in the portal? Good!

Since it is the season, we are going to forgo passing judgment and just enjoy the day. After watching Jameis Winston yesterday (yes, we are SUNSHINE Signing Connection), we don’t know there is anything that can sour our milk.

We Just Love Making Things Easier

Just think about how much easier certain things in life have become in our life time.

• We don’t have to squeeze our own oranges anymore, we can just buy it in a carton.
• We can play just about any sport we want using only our thumbs.
• We can take gorgeous photos of ourselves anywhere by just using our phone and a stick.
• We don’t have to actually attend college anymore, we can pay someone to get an online degree for us.

But, the one thing we never ask is, should we make it easier?

Should we make mobile signings more difficult by trying to focus on online signings, which, in the end, may not be as simple as first seen.

Have a Great Holiday Season

However you celebrate this time of year, have at it.

For example, we are celebrating you, the mobile notaries who have been our partners for so many years. We are celebrating all of our blog readers, who have made our little corner of the internet the best notary blog in the world.

And we are making our first ham-nog, even though some have told us that it is a bad idea.

So again, thank you from everyone at Sunshine Signing Connection. May next year be even better than this one.

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On the heels of the Philly Fiasco, property thieves in Texas have gone from the ridiculous to the preposterous.

A Texas man has allegedly been performing deed fraud from prison, where they are currently serving 10 years on deed fraud they committed before they went to prison.

How Easy is It?

We took a closer look and found that it’s too easy and no one has wanted to take any responsibility to ensure the records are correct.

The division of Property Records says that it is not their duty. They claim that without a significant increase in staffing and funding that trying to stop fraud would bring the home buying process to a standstill.

There’s no way for us… to determine if it’s a clean deed or a dirty deed.

Dallas County Clerk John Warren

So, who does not pass the buck? Everyone is trying to put the blame on title companies, but title companies can only go on public records. If the records are wrong, it stands to reason the title search will be wrong as well.

How did This Happen?

Shell companies, forged documents, paying off homeless people, others claiming they were duped, and truthfully, who knows what else at this time.

The 23 year old offender said it was simple, after they pled guilty to 25 counts of theft.

But, according to officials, that has not stopped them. They are now alleged to have done at least nine more fraudulent closings behind bars.

They have been alleged to mail fraudulent titles from jail to the County Records Office. We understand that people do need to get documents notarized while they are in prison.

But, maybe we might want to give these documents a little more scrutiny?

Will Emerging Technology Like RON and the Blockchain Fix This?

No. No it won’t.

There are several startups claiming that digital nature will provide more security, and the new tech super system, the blockchain will prevent cases of fraud.

Don’t fall for the hype.

As we reported earlier this year, at least one RON signing was used to steal a home in Philly. We mentioned inherent security flaws in remote online signings, but did not go into depth. We won’t here either, but expect an article on it soon.

In the short term, remote notarizations are likely to lead to more fraud. What is going on off camera can be more important than what is recorded on the webcam. We are hearing about facial recognition and all kinds of things to validate ID. These are not ready now. They are a hope to prevent fraud down the road.

And they may not even be good ones.

What About the Blockchain?

The blockchain, made famous by Bitcoin, and the web’s new data security savior. It is alleged that it cannot be broken, it cannot be used to commit fraud, and it preserves all records in a way to allow complete accounting until the end of time.

In other words, it is the Harry Potter of computing.

The problem cities and states are having is because of bad records. In computing they have a saying, bad data in, bad data out. The government already stores records, many being publicly available.

These fraudulent sales are only being caught after the fact. How will the blockchain prevent that?

There is nothing in the blockchain to prevent bad records from being added. Just to prevent editing those records after the fact. You know, like the publicly recorded documents already do. The ones that are providing evidence to law enforcement to make these arrests.

Another touted feature is real time analytics, to spot people doing a lot of purchasing. But, many investors already buy each home under a different company name or trust, so the question is a lot harder to answer than simply searching for names.

And the accused had no problem using bank officials to back stop the fraud. Under what system is a real estate document signed by a mortgage official going to raise a red flag? Even if it is forged.

There are a lot of great things about the blockchain, but it is most likely not the panacea that we have been hearing about.

The Feds Are Fed Up

Though no specifics have been revealed, federal law enforcement agencies are putting together a task force to help stop the acts.

Federal and local law enforcement agencies across the county will work together to investigate these cases more thoroughly and more quickly, stopping the damage earlier, cutting off these schemes, and hauling these criminals out into the daylight. We will also identify solutions to make it harder to cheat the system, to protect future would-be victims.

Dallas County Assistant District Attorney Phillip Clark

Where Do We Go from Here?

The fact is notaries are getting tied up in all of this. From Philly to Kansas City, to Texas and probably beyond.

Some are completely fraudulent and some notaries claim they were duped. But either way, the real ones are getting caught in the middle, and even being on the periphery of a criminal allegation can be enough drive you up a wall or damage your reputation.

That is one reason we do our best not to name names. The fact is that reputable notary names, as well as companies are being throw around.

So, where do we go from here?

Maybe it is time that you make sure your local representative(s) hear what you have to say about how to improve the system.

After all, no one has more experience and knowledge on this topic than you do.

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Supporters of RON in Florida have overseen the passing of a bill legalizing remote online notarizations in the state. Governor Ron DeSantis signed the bill into law, which is scheduled to take effect on January 1st, 2020.

Florida has become the next state to institute remote online notarizations, which now number in the twenties.

Notaries Will Bear the Cost

The days of being a notary in Florida just got more expensive.

Notaries must provide audio and video of the notarial act and post execution document record. On top of that, notaries must pay a comprehensive vendor security system.

Notaries will be required to keep all audio and video data for a minimum of five years.

This is kind of onerous considering one of the main drivers behind RON are banks and real estate companies, who are looking to drive down the prices they pay to do closings.

Technology, Technology, Technology

• Comprehensive vendor security system.
• 3rd parties to make notaries ask signers personal questions that only they, and the third party service, are only supposed to know
• Facial Recognition Services
• Data Security
• Secure Online Seal

We could keep going, but will spare you.

The bill is touted to make things easier for consumers, but who is to bear the cost of paying for all of this technology.

Do you know the price to store five years of video, with multiple backups in different secure locations?

It is hard to see from where we are sitting at, how you can attempt to reduce the cost of signings, while at the same time making each signing more expensive for the notary or business.

It just does not work that way.

New Notary Requirements

There is a rather logical new notary requirement under the new law. Notaries will now have to use two separate certificates. One for in person signings and one for remote online notarizations.

You can continue to to procure or create your certificates as you do now. The state of Florida has a template on its site, that you can use as a guideline, even if you have to make a minor update or two.

The Inevitable Blowback

Where do we start.

• Convenience stores and others that do low cost signings.
• Individuals (and we love you for it) who perform signings for those most in need, be if for a low cost or free.
• Diversity of notaries available to you locally.
• Is this really going to make $10 signings cheaper?

The fact is, we could write an entire article on just this point.

Like we keep saying, intentions do not matter if you do not have the knowledge, means and will of properly executing those intentions.

Will It Really Work as Intended?

Will this really make it easier for the average Joe, after all the local stores who notarized documents have stopped because they are money losers?

How about many who were able to eat the cost and help people who really needed it? Will they be able to continue when the costs to help people rise?

There may not be as many as in years past, but what about those who do not have easy access to the internet?

Will this really make signings cheaper? Or will it only make a handful cheaper while driving up the cost of others?

How will the cost of new required technology be integrated into the cost of notarial acts?

One small step for RON, one giant bag of questions for the rest of us.

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Perfection is required. So is being there for many of a person’s most important days. Even though they don’t always realize it, you have their back when they need it most.

So, get out the kazoos and give yourself your best self high five. And if you see any other notaries today, give them one, too.

You work in an ancient profession that is still just as important today as it was 5,000 years before the first known language called cuneiform.

A profession that continues to evolve, from ancient mud pieces called tokens, to rubber stamps and fax backs and into a digital future and beyond.

So, think about giving a thumbs up when you see a green light today, because without notaries many vital functions in our lives and in our economy would stop in their tracks.

Or maybe don a top hat like the Monopoly guy, as without you, too many people would not get to pass go and would not get their $200. Because we all know you can’t close on Baltic Ave. without a proper notary public.

Jump to the sky. Eat some cake. Enjoy your favorite beverage. Tell your family you expect breakfast in bed … and a foot rub. Make your dog walk you for a change.

And if you feel like dancing? It’s the perfect time of the year to break out the Ickey Shuffle. Just don’t twerk. You’ll thank us later.

So, today, November 7th, feel free to walk with a little pep in your step because you are a notary. You make sure that our most important moments are set properly in stone. And you do it every day.

And some of you do it 24 hours a day, and you’ll be there in less than four hours, even in rural areas.

You are the real MVPs.

So, from Sunshine Signing to you, have a very happy Notary Public Day.

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Philadelphia has announced a crackdown on house thefts. Yes, you did read that right, and if you are a regular reader here, you already know what we are talking about.

But, that doesn’t mean it still doesn’t sound ridiculous.

We first reported on a story we called the Philly Fiasco in March of this year. Con artists and forgers figured a way to defeat the system in Philly, resulting in the theft of several dozen houses, and a huge black eye for the city.

The scandal even went international when some of the accused fled the country. One of them was even able to forge documents from a foreign country.

And really, who can get the mortgage or owned home straight out from under their feet, with little to no recourse.

A Series of SafeGuards

Mayor Jim Kenney, in rolling out the measures at City Hall, called deed fraud a “terrible crime” that all too often victimizes the city’s poorest residents, who can least afford the up to $10,000 in legal costs to attempt to win back properties they owned or inherited.

Philadelphia Inquirer

Who can’t agree with that?

But, the sad fact? The scandal has continued unabated since the last time we wrote about it. If anything, it has become more hectic, with reports that even house thieves are stealing homes from other house thieves.

And the worst part? (all parts of this are bad) Victims and their advocates are saying their calls are still being ignored by police, who seem overwhelmed by the crisis.

So How Do They Plan to Stop It?

Officials have started by rolling out a program they are calling Fraud Guard, which creates a database of home owners, alerting them whenever their name is used in a deed or mortgage.

It is a optional service that a homeowner, notary or real estate professionals can sign up for.

The system is also supposed to use advanced analytics to spot patterns in real estate purchases that may point to fraud. That claim is probably exaggerated. These types of systems do not have a great history, and to get right, will probably need years and years of updated programming.

Will Fraud Guard Help Philly Homeowners?

We hope so, but we have a hard time believing it. And we are going to list some reasons:

• It is an optional, you must sign up for it system.
• It is done online, and only contacts you through email.
• It does not have enough safe guards to ensure accuracy.

And thoughts on that:

• How will vulnerable homeowners know?
• Aren’t the people most likely to be affected by this the least able to participate?
• 20% of Philly households have no internet service.
• Dead people don’t check their email.
• A decent percentage of these homeowners were duped in person into signing documents. Is an email going to help at that point?
• How is possibly catching fraud after it happens going to fix this?
• How will they ensure accuracy. Let’s look at their disclaimer.

Neither Tyler Technologies nor the county that provides the information makes any representation or warranty regarding the accuracy, legality, or completeness of the services.

Assessing the accuracy and reliability of the materials is the responsibility of the user.

So, they won’t guarantee it is accurate, and it is up to the end user to assess the accuracy of the information.

That is not exactly a paragon of confidence.

Some words from the quote were omitted for brevity. They have zero impact as to the accuracy of the quote, and in no way change the context of it. You can see the full terms here.

Should Notaries Sign up for Fraud Guard?

That is something that you will need to decide for yourself.

Being an early signer might be good. It might be good for your records or accounting receiving an email that a document you signed has been filed.

Waiting a little might be an option. While we laud the intention of the program, it is the execution of those intentions that is most important.

And maybe, you don’t want to be on another service, or you don’t want to get more emails (don’t we all feel that way sometimes). Or you don’t believe in the execution of the system.

They are all valid reasons.

The only other point we’d make is how an investigation will play out. Will notaries come under investigation for no reason because they performed several legal signings for a party?

Of note here, it that rhetoric is going against property wholesalers. While these sales are completely legal, politicians are calling them unethical. So it is possible there are some future intentions there as well.

A Continued Black Eye for Philly

Public confidence in local government in Philadelphia has taken a hit over this fiasco. And by extension, so has our industry, even if most documents were forged.

This is a failure of government. Not of notaries.

All we can do is continue to do signings in a proper manner, keep meticulous records, and ensure all of our signings are done in a professional and legal manner.

In other words, do our jobs like we always do.

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As we explained in our last article, Remote Online Notarization (RON) is here to stay, and at this point notaries need to be ready for it, if not making sure notary voices are heard.

So, what can a notary do at this stage, to protect their interests?

Understand What Proponents of RON Want

Now, we can’t say everyone who is in favor of RON sees the same vision, but for all intents and purposes, it’s all about about money.

There are those who want to save a significant amount of money on signings, to those behind new technology and the money behind them, and even some in the industry itself.

They all either want to save money or make money.

Whether it is diluting the costs of signing, carving out part of the industry for themselves, or even selling products or services to those in the industry.

It’s About Money for Mobile Notaries (and Static), Too

It’s simple. Businesses run on money. It is the gasoline that powers our economic engine. And the gasoline price keeps rising, which is just a cost of business, unfortunately.

Supplying, protecting, diversifying, and growing our business all require money.

Fortunately, those with more experience tend to make better decisions. And that is what you have. Knowledge gained by experience. Established contacts in the industry. And so much more.

The American Dream

You are living the American Dream right now, and just like everyone that lives it, you don’t want to give it up.

You decided to forgo normal employment and start your own business. Which was probably a little scary, but was also a huge rush. And you haven’t only made it work, you have thrived, or are in the process of thriving.

You’ve already beaten the odds.

Where else can you start with a dream, start a business on your back porch, and grow into a business with dozens of full time employees? One who does business with tens of thousands of contractors and clients each year, and so many other businesses.

As the famous comedian Yakov Smirnoff used to say: “What a Country!”.

You are Already Ready

It’s not just RON, entrepreneurs who have thrived have to prepare themselves for all kinds of things. Expenses, competition, regulations, record keeping and a lot more.

RON is a new challenge, but you’ve already excelled and remote online notarization is just another bump in the road.

Find Those with Similar Concerns

You all know others in the mobile notary industry. Heck, some of them are probably your competition right now. But, sometimes what is good for us is also good for our competition. And the same things could be said about the other people you know, that are not your immediate competition.

Talk, debate ideas and make and prepare a formal plan. Just because you may not have been able to stop RON (California notaries have!), does not mean regulations going forward cannot ensure current notaries are protected.

But, if you can not present legitimate reasons to your local state lawmakers, and maybe even policy guidelines that are largely aligned nationally, it will be hard for them to join your cause.

Remember, “United we Stand, Divided we Fall”.

• Part 1: Remote Online Notarization (RON) and the Mobile Notary
• Part 2: You are Reading
• Part 3: How Will Signings Be Performed Under Remote Online Notarization (RON)?
• Part 4: Real ID, the Notary, and RON

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