Essential vocabulary additions for the workplace (and elsewhere)!!!
1. BLAMESTORMING: Sitting around in a group, discussing why a deadline was missed or a project failed, and who was responsible.
2. SEAGULL MANAGER: A manager, who flies in, makes a lot of noise, shits on everything, and then leaves.
3. ASSMOSIS: The process by which some people seem to absorb success and advancement by kissing up to the boss rather than working hard.
4. SALMON DAY: The experience of spending an entire day swimming upstream only to get screwed and die in the end.
5. CUBE FARM: An office filled with cubicles.
6. PRAIRIE DOGGING: When someone yells or drops something loudly in a cube farm, and people's heads pop up over the walls to see what's going on.
7. MOUSE POTATO: The on-line, wired generation's answer to the couch potato.
8. SITCOMs: Single Income, Two Children, Oppressive Mortgage. What Yuppies get into when they have children and one of them stops working to stay home with the kids.
9. STRESS PUPPY: A person who seems to thrive on being stressed out and whiny.
10. SWIPEOUT: An ATM or credit card t hat has been rendered useless because magnetic strip is worn away from extensive use.
11. XEROX SUBSIDY: Euphemism for swiping free photocopies from one's workplace.
12. IRRITAINMENT: Entertainment and media spectacles that are Annoying but you find yourself unable to stop watching them.
13. PERCUSSIVE MAINTENANCE: The fine art of whacking the crap out of an electronic device to get it to work again.
14. ADMINISPHERE: The rarefied organizational layers beginning just above the rank and file. Decisions that fall from the adminisphere are often profoundly inappropriate or irrelevant to the problems they were designed to solve.
15. 404: Someone who's clueless. From the World Wide Web error Message "404 Not Found," meaning that the requested site could not be located.
16. GENERICA: Features of the American landscape that are exact ly the same no matter where one is, such as fast food joints, strip malls, and subdivisions.
17. OHNOSECOND: That minuscule fraction of time in which you realize that you've just made a BIG mistake. (Like after hitting send on an email by mistake).
18. WOOFS: Well-Off Older Folks.
19. CROP DUSTING : Surreptitiously passing gas while passing through a Cube Farm.
Tuesday, June 19, 2007
Saturday, March 31, 2007
Non-Georgia-Attorney-Owned Recruiting Firms Violate Georgia’s Unauthorized Practice of Law Statute
The Official Code of Georgia (O.C.G.A.) section 15-19-51. (a) (5) makes clear that it is the “Unauthorized practice of law … [and] (a) it shall be unlawful for any person other than a duly licensed attorney at law: (5) to furnish attorneys or counsel” for the purpose of closing personal or real property loans within the State of Georgia.
Thus, all attorney recruiting firms and companies using attorney recruiting firms should beware!
Thus, all attorney recruiting firms and companies using attorney recruiting firms should beware!
Only companies owned by a Georgia licensed attorney may hire persons to engage in acts that constitute the practice of law, including “conveyancing,” e.g., the transfer or pledge of real property as collateral for mortgage loans.
O.C.G.A. § 15-19-50 (2006) defines the practice of law, and specifies actions that are prohibited as the Unauthorized Practice of Law, including a requirement that only law firms may be involved in conveyancing, e.g., the transfer or pledge of real property as collateral for mortgage loans.
The preparation of court documents; conveyancing; legal instruments of all kinds where legal rights are secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; or any action taken for others in any matter connected with the law.
O.C.G.A. § 15-19-51 states that unless otherwise licensed to practice law, it is the Unauthorized Practice of Law in Georgia to furnish legal services, give legal advice or to furnish attorneys or counsel; or to render legal services of any kind.
O.C.G.A. § 15-19-51 (5) prohibits non-Georgia lawyers from furnishing attorneys or counsel as professional recruiters. It is illegal for a non-Georgia lawyer to recruit or to furnish Georgia-licensed attorneys to render legal services for others within the State of Georgia.
Thus, non-Georgia-attorney-owned professional recruiting companies, and the companies that hire professional recruiters for title companies, mortgage brokers, and lending institutions may be in violation of Georgia’s Unauthorized Practice of Law statute and subject to criminal prosecution and civil liability in the State of Georgia.
Georgia Unauthorized Practice of Law Statutes
GEORGIA CODE
Copyright 2006 by The State of GeorgiaAll rights reserved.
*** Current through the 2006 Regular Session ***
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-52 (2006)
§ 15-19-52. Lawful acts by parties involved; banking advice; legal instruments; title papers
Nothing contained in this article shall prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party; but, in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee who is not a duly licensed attorney at law.
Moreover, no bank shall be prohibited from giving any advice to its customers in matters incidental to banks or banking; nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, provided it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument.
Furthermore, a title insurance company may prepare such papers as it thinks proper or necessary in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure the title, where no charge is made by it for the papers.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-50 (2006)
§ 15-19-50. "Practice of law" defined
The practice of law in this state is defined as:
(1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
(2) Conveyancing;
(3) The preparation of legal instruments of all kinds whereby a legal right is secured;
(4) The rendering of opinions as to the validity or invalidity of titles to real or personal property;
(5) The giving of any legal advice; and
(6) Any action taken for others in any matter connected with the law.HISTORY: Ga. L. 1931, p. 191, § 2; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-51
§ 15-19-51. Unauthorized practice of law forbidden
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4) To render or furnish legal services or advice;
(5) To furnish attorneys or counsel;
(6) To render legal services of any kind in actions or proceedings of any nature;
(7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.
(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, §§ 9-402, 9-403.
Copyright 2006 by The State of GeorgiaAll rights reserved.
*** Current through the 2006 Regular Session ***
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-52 (2006)
§ 15-19-52. Lawful acts by parties involved; banking advice; legal instruments; title papers
Nothing contained in this article shall prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party; but, in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee who is not a duly licensed attorney at law.
Moreover, no bank shall be prohibited from giving any advice to its customers in matters incidental to banks or banking; nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, provided it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument.
Furthermore, a title insurance company may prepare such papers as it thinks proper or necessary in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure the title, where no charge is made by it for the papers.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-50 (2006)
§ 15-19-50. "Practice of law" defined
The practice of law in this state is defined as:
(1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
(2) Conveyancing;
(3) The preparation of legal instruments of all kinds whereby a legal right is secured;
(4) The rendering of opinions as to the validity or invalidity of titles to real or personal property;
(5) The giving of any legal advice; and
(6) Any action taken for others in any matter connected with the law.HISTORY: Ga. L. 1931, p. 191, § 2; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.
TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-51
§ 15-19-51. Unauthorized practice of law forbidden
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4) To render or furnish legal services or advice;
(5) To furnish attorneys or counsel;
(6) To render legal services of any kind in actions or proceedings of any nature;
(7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.
(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, §§ 9-402, 9-403.
Wednesday, March 14, 2007
Don't Waste The Day!
Don't Waste The Day
"On this day:
Mend a quarrel~
Search out a forgotten friend~
Dismiss a suspicion and replace it with trust~
Encourage someone who has lost faith~
Keep a promise~
Examine your demands on others and reduce them~
Fight for a principle~
Express your gratitude~
Overcome an old fear~
Take two minutes to appreciate nature~
Tell someone you love them~
Tell them again~
And again~
And again~"
Author Unknown.
Life is short, and we should make the most of every day.
Burton Fletcher
Desk1@GeorgiaSigningAgents.com
"On this day:
Mend a quarrel~
Search out a forgotten friend~
Dismiss a suspicion and replace it with trust~
Encourage someone who has lost faith~
Keep a promise~
Examine your demands on others and reduce them~
Fight for a principle~
Express your gratitude~
Overcome an old fear~
Take two minutes to appreciate nature~
Tell someone you love them~
Tell them again~
And again~
And again~"
Author Unknown.
Life is short, and we should make the most of every day.
Burton Fletcher
Desk1@GeorgiaSigningAgents.com
Positive Thoughts For The Day!
If you judge people, you have no time to love them.~ Mother Theresa
Please share your positive thoughts. Desk1@GeorgiaSigningAgents.com.
Burton Fletcher
Please share your positive thoughts. Desk1@GeorgiaSigningAgents.com.
Burton Fletcher
Tuesday, March 13, 2007
What magazines do folks in the lending industry read?
What magazines do folks in the lending industry read?
Please email your comments to Desk1@GeorgiaSigningAgents.com.
Please email your comments to Desk1@GeorgiaSigningAgents.com.
Lending Industry Woes! Heads Up!
"The Next Skeleton To Fall Out Of The Closet"
from The Housing Bubble Blog on 03.Mar.07 at 08:20AM
A report from the New York Times. "Federal prosecutors and securities regulators are investigating stock sales and accounting errors at the New Century Financial Corporation, the biggest mortgage company that specializes in lending to people with weak, or subprime, credit, the company disclosed in a corporate filing yesterday."
"The company also warned that a delay in filing its financials may put vital financing into jeopardy. New Century wrote $33.9 billion in mortgages last year. New Century now appears to be facing a credit crunch similar to the one it encountered in the late 1990s."
From MarketWatch. "New Century Financial Corp. said late Friday that it's facing a federal criminal probe and will likely breach a major lending covenant with its financial backers, bringing into question the survival of the second-largest U.S. subprime-mortgage lender."
"The mortgage lender said it expects that it won't report at least $1 of net income for the two quarters ended Dec. 31, as stipulated in covenants with its lenders."
"'Subprime lenders without deposits depend on their warehouse lines," said analyst Zack Gast. 'If New Century's lenders do not grant the requested waivers, the company is likely to be forced to sell or shut down.'"
"Indeed, New Century warned that if it can't get waivers or covenant amendments from enough of its financial backers, the company's auditor, KPMG, will conclude 'that substantial doubt exists as to the company's ability to continue as a going concern.'"
The LA Times. "Federal regulators have leveled civil accusations against the No. 2 independent sub-prime lender, Fremont General Corp. of Santa Monica. Fremont disclosed Friday in an SEC filing that the Federal Deposit Insurance Corp. would sanction its bank subsidiary, Brea-based Fremont Investment & Loan, for failing to control the risks inherent in sub-prime lending and in its second major business, commercial real estate construction loans."
"The company said it had decided to quit sub-prime lending entirely."
"The FDIC said Fremont failed to make proper allowances for its 'large volume of poor quality loans' and operated with inadequate capital. The regulator said Fremont had increased defaults by selling loans with low 'teaser' rates without verifying whether borrowers could afford the eventual full payments."
"Fremont said it expected to agree to a cease-and-desist order from the FDIC that would severely restrict its control over the sub-prime business. It said it would report a loss because of increased provisions for bad loans, but hadn't yet determined the size of the deficit."
From Bloomberg. "Fremont plans to report a net loss from continuing operations in the fourth quarter after setting aside more money to buy back loans that defaulted, the company said in a regulatory filing."
"'It just shows there was a lack of principles and standards,' said analyst David Hendler. 'There was no real major guardian of conservative standards anymore, and that's a danger to the safety of the market.'"
"Two other California lenders, Impac Mortgage Holdings Inc. and Accredited Home Lenders Holding Co., said today they won't be able to file their financial reports on time. Shares of both tumbled."
"Impac found a 'material weakness' in its cash-flow reporting, the Irvine, California-based company said today in documents filed with the SEC. Accredited Home, based in San Diego, delayed its report until March 16 because of 'sizable demands upon the company's management and staff,' including a recent merger that may cause a writedown."
From Reuters. "U.S. homeowners who bought using 100 percent financing, and those who took out 'home equity' loans against the value of their properties, even though they have good credit ratings, could be the next to cause problems in the U.S. housing market."
"Many recent home buyers bought through 100 percent financing programs known as 'piggyback' loans, which relied on one mortgage for 80 percent of purchase price and other financing for the remaining 20 percent."
"'Piggyback loans could be the next skeleton to fall out of the mortgage industry closet,' said Howard Glaser, an independent mortgage analyst. 'These 80-20 loans give the borrower the illusion of being able to afford more house than they really have the funds for."
"From mid-2005 to mid-2006, 29 percent of new mortgages involved no deposit by the purchaser to create some equity in the property, according to the National Association of Realtors. 'When we went out to visit our clients on the West Coast, this was a prime area of concern,' said Frederick Cannon, a mortgage industry analyst."
"Another type of financing which could cause problems in the housing sector is the 'home equity' loan, taken out by a homeowner against the net value of the property to finance home improvements or other consumer spending. Home equity lines of credit, or HELOCs, grew from $151 billion to $559 billion from 2000 to 2005, according to the FDIC."
"In a regulatory filing Thursday, Countrywide said 2.9 percent of its prime home-equity loans were at least 30 days late at the end of 2006, up from 1.6 percent a year earlier and 0.8 percent at the end of 2004."
"'Second lien holders and second lien HELOC lenders to prime borrowers are in as much of an 'at risk' position as subprime mortgage lenders,' said said Josh Rosner, a housing analyst. 'The recognition of their problems is just ahead of us as they will default more slowly.'"
"Lenders must disclose more information about products such as adjustable-rate mortgages to people with poor credit histories and make sure borrowers are able to repay the loans, according to guidelines issued in Washington today by the Fed, the Federal Deposit Insurance Corp., and other U.S. regulators."
"The intention is 'to limit risks to both the borrower and the lending institution,' Federal Reserve Governor Randall Kroszner said in a statement. Borrowers need 'clear and balanced information on the risks associated with these loans.'"
"Banking regulators expressed concern that lenders are approving adjustable-rate loans without 'appropriate documentation' of the borrower's income, according to today's guidelines."
"The Mortgage Bankers Association, a Washington-based trade group, said the recommendations go too far and lender closings show the market is fixing itself."
"'A number of firms, which made weaker loans, have been forced out of business simply because the loans didn't perform as they proposed,' Doug Duncan, the group's chief economist, said in an interview. 'The guidance has the potential of overreaching and constraining credit availability to people who need it.'"
The Boston Globe. "Recently, CEO Michael Geoghegan explained that massive losses in HSBC's home mortgage lending business were caused by the mistake of 'going for volume.' Investors forget that for every 'bad' loan in their portfolio, there is a family facing foreclosure on the other end. Indeed, last month Massachusetts broke an all-time record with lenders notifying 2,207 families of impending foreclosure, nearly double this time last year."
"No doubt much of the bout of pain in mortgage lending is due to the slowdown in real estate sales. But it is not like the slowdown in the real estate market should have surprised anyone, especially mortgage lenders."
"It is time to re think national credit policies. Leaders should learn at least three lessons from the latest shakeout in the mortgage lending business. First, consumer protection laws not only protect borrowers, but also the economy. Second, it is time to hold middlemen responsible for transferring ill-advised loans from unsuspecting borrowers to unsuspecting investors."
"Third, waiting will not make this problem go away."
"The Federal Reserve's monetary-policy playbook hasn't become obsolete because of the growing global nature of the U.S. economy, Ben Bernanke said in an address on Friday night."
"The Fed chairman didn't address this week's market turmoil but he did comment on the concerns about the quality of debt in the subprime-lending market, saying the Fed is 'obviously going to watch it very closely.'"
"'Globalization has not materially affected the ability of the Federal Reserve to influence financial conditions in the United States nor has it led to significant changes in the process which determines the U.S. inflation rate,' the central bank chief said."
"But globalization has made it more difficult to assess domestic economic conditions, Bernanke said. 'Effective monetary policy making now requires taking into account a diverse set of global influences, many of which are not fully understood,' Bernanke said. 'A clear resolution of the question of how global economic conditions affect domestic inflation may continue to elude us,' he said."
from The Housing Bubble Blog on 03.Mar.07 at 08:20AM
A report from the New York Times. "Federal prosecutors and securities regulators are investigating stock sales and accounting errors at the New Century Financial Corporation, the biggest mortgage company that specializes in lending to people with weak, or subprime, credit, the company disclosed in a corporate filing yesterday."
"The company also warned that a delay in filing its financials may put vital financing into jeopardy. New Century wrote $33.9 billion in mortgages last year. New Century now appears to be facing a credit crunch similar to the one it encountered in the late 1990s."
From MarketWatch. "New Century Financial Corp. said late Friday that it's facing a federal criminal probe and will likely breach a major lending covenant with its financial backers, bringing into question the survival of the second-largest U.S. subprime-mortgage lender."
"The mortgage lender said it expects that it won't report at least $1 of net income for the two quarters ended Dec. 31, as stipulated in covenants with its lenders."
"'Subprime lenders without deposits depend on their warehouse lines," said analyst Zack Gast. 'If New Century's lenders do not grant the requested waivers, the company is likely to be forced to sell or shut down.'"
"Indeed, New Century warned that if it can't get waivers or covenant amendments from enough of its financial backers, the company's auditor, KPMG, will conclude 'that substantial doubt exists as to the company's ability to continue as a going concern.'"
The LA Times. "Federal regulators have leveled civil accusations against the No. 2 independent sub-prime lender, Fremont General Corp. of Santa Monica. Fremont disclosed Friday in an SEC filing that the Federal Deposit Insurance Corp. would sanction its bank subsidiary, Brea-based Fremont Investment & Loan, for failing to control the risks inherent in sub-prime lending and in its second major business, commercial real estate construction loans."
"The company said it had decided to quit sub-prime lending entirely."
"The FDIC said Fremont failed to make proper allowances for its 'large volume of poor quality loans' and operated with inadequate capital. The regulator said Fremont had increased defaults by selling loans with low 'teaser' rates without verifying whether borrowers could afford the eventual full payments."
"Fremont said it expected to agree to a cease-and-desist order from the FDIC that would severely restrict its control over the sub-prime business. It said it would report a loss because of increased provisions for bad loans, but hadn't yet determined the size of the deficit."
From Bloomberg. "Fremont plans to report a net loss from continuing operations in the fourth quarter after setting aside more money to buy back loans that defaulted, the company said in a regulatory filing."
"'It just shows there was a lack of principles and standards,' said analyst David Hendler. 'There was no real major guardian of conservative standards anymore, and that's a danger to the safety of the market.'"
"Two other California lenders, Impac Mortgage Holdings Inc. and Accredited Home Lenders Holding Co., said today they won't be able to file their financial reports on time. Shares of both tumbled."
"Impac found a 'material weakness' in its cash-flow reporting, the Irvine, California-based company said today in documents filed with the SEC. Accredited Home, based in San Diego, delayed its report until March 16 because of 'sizable demands upon the company's management and staff,' including a recent merger that may cause a writedown."
From Reuters. "U.S. homeowners who bought using 100 percent financing, and those who took out 'home equity' loans against the value of their properties, even though they have good credit ratings, could be the next to cause problems in the U.S. housing market."
"Many recent home buyers bought through 100 percent financing programs known as 'piggyback' loans, which relied on one mortgage for 80 percent of purchase price and other financing for the remaining 20 percent."
"'Piggyback loans could be the next skeleton to fall out of the mortgage industry closet,' said Howard Glaser, an independent mortgage analyst. 'These 80-20 loans give the borrower the illusion of being able to afford more house than they really have the funds for."
"From mid-2005 to mid-2006, 29 percent of new mortgages involved no deposit by the purchaser to create some equity in the property, according to the National Association of Realtors. 'When we went out to visit our clients on the West Coast, this was a prime area of concern,' said Frederick Cannon, a mortgage industry analyst."
"Another type of financing which could cause problems in the housing sector is the 'home equity' loan, taken out by a homeowner against the net value of the property to finance home improvements or other consumer spending. Home equity lines of credit, or HELOCs, grew from $151 billion to $559 billion from 2000 to 2005, according to the FDIC."
"In a regulatory filing Thursday, Countrywide said 2.9 percent of its prime home-equity loans were at least 30 days late at the end of 2006, up from 1.6 percent a year earlier and 0.8 percent at the end of 2004."
"'Second lien holders and second lien HELOC lenders to prime borrowers are in as much of an 'at risk' position as subprime mortgage lenders,' said said Josh Rosner, a housing analyst. 'The recognition of their problems is just ahead of us as they will default more slowly.'"
"Lenders must disclose more information about products such as adjustable-rate mortgages to people with poor credit histories and make sure borrowers are able to repay the loans, according to guidelines issued in Washington today by the Fed, the Federal Deposit Insurance Corp., and other U.S. regulators."
"The intention is 'to limit risks to both the borrower and the lending institution,' Federal Reserve Governor Randall Kroszner said in a statement. Borrowers need 'clear and balanced information on the risks associated with these loans.'"
"Banking regulators expressed concern that lenders are approving adjustable-rate loans without 'appropriate documentation' of the borrower's income, according to today's guidelines."
"The Mortgage Bankers Association, a Washington-based trade group, said the recommendations go too far and lender closings show the market is fixing itself."
"'A number of firms, which made weaker loans, have been forced out of business simply because the loans didn't perform as they proposed,' Doug Duncan, the group's chief economist, said in an interview. 'The guidance has the potential of overreaching and constraining credit availability to people who need it.'"
The Boston Globe. "Recently, CEO Michael Geoghegan explained that massive losses in HSBC's home mortgage lending business were caused by the mistake of 'going for volume.' Investors forget that for every 'bad' loan in their portfolio, there is a family facing foreclosure on the other end. Indeed, last month Massachusetts broke an all-time record with lenders notifying 2,207 families of impending foreclosure, nearly double this time last year."
"No doubt much of the bout of pain in mortgage lending is due to the slowdown in real estate sales. But it is not like the slowdown in the real estate market should have surprised anyone, especially mortgage lenders."
"It is time to re think national credit policies. Leaders should learn at least three lessons from the latest shakeout in the mortgage lending business. First, consumer protection laws not only protect borrowers, but also the economy. Second, it is time to hold middlemen responsible for transferring ill-advised loans from unsuspecting borrowers to unsuspecting investors."
"Third, waiting will not make this problem go away."
"The Federal Reserve's monetary-policy playbook hasn't become obsolete because of the growing global nature of the U.S. economy, Ben Bernanke said in an address on Friday night."
"The Fed chairman didn't address this week's market turmoil but he did comment on the concerns about the quality of debt in the subprime-lending market, saying the Fed is 'obviously going to watch it very closely.'"
"'Globalization has not materially affected the ability of the Federal Reserve to influence financial conditions in the United States nor has it led to significant changes in the process which determines the U.S. inflation rate,' the central bank chief said."
"But globalization has made it more difficult to assess domestic economic conditions, Bernanke said. 'Effective monetary policy making now requires taking into account a diverse set of global influences, many of which are not fully understood,' Bernanke said. 'A clear resolution of the question of how global economic conditions affect domestic inflation may continue to elude us,' he said."
Thursday, March 1, 2007
How To Be Successful! My View From The Throne!
Everyday, as I sit on my throne, thinking of world events, I look at the attached poster to help me keep my focus. I hope these thoughts will help you to be successful too.
How To Be A Success
Resolve to achieve your goals: Make the sacrifices needed to obtain what you have set out to accomplish.
Organize a plan: Nothing great is accomplished without forethought.
Think what I must do to reach my goals: 1)Change Attitude; 2) Learn all I can; 3) Discipline away my bad habits; 4) Be more positive; 5) Become assertive; 6) Work more; 7) Think creatively; 8) Be at level 'X' in 'X' number of years
Acquire and maintain a positive attitude: 1) Another miracle; 2) I think I can; 3) I Love everyone; 4) God smiles on me; 5) Life is wonderful; 6) I can do it; 7) What a day; 8) I'll try my best; 9) I love my work
Think creatively: To waste time is to waste your life. Use your leisure time and spare time in creative thought.
Seek knowledge from wise teachers: Recognize, relate, assimilate and apply what you've learned. If you think education is expensive, take a drive through the sleazy part of town and see how expensive ignorance is!
Work smart then work hard, and build a solid future: A laborer and a president work hard, which one works smart?
Take calculated risks: And keep in mind any failure is a success if you learned from it and stride on it.
Make decisions: Nothing gets done by not doing it, once you decide act immediately.
Persist: Never, never, ever give up.
Keep good company: Associate only with those who are upbeat and success oriented like you.
Be enthusiastic: Start each day expecting something good to happen to you. (I feel happy, healthy, terrific).
Don't trust luck (trust facts): The stakes are high. Hedge your bets with knowledge. Good luck is preparation met with opportunity.
Maintain high morals: Don't do anything you'll be ashamed of later.
Ignore uniformed opinions: Negative opinions are cheap to give and do costly harm if heeded.
Celebrate small wins: Reward yourself, even if modestly, fro job well done and a goal reached.
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Thursday, February 22, 2007
The State Bar of Georgia Is Serious About Preventing the Unauthorized Practice of Law
Our company seeks to fully comply with the laws of the State of Georgia's and we trust that you desire the same.
We believe education is an important first step, and the preferable method, for achieving full compliance with Georgia's laws prohibiting the Unauthorized Practice of Law.
I realize that some folks would not recognize the truth if it slapped them in the face. That is why the State Bar of Georgia has an enforcement branch to investigate the Unauthorized Practice of Law.
The State Bar of Georgia is serious about stopping the Unauthorized Practice of Law. If you doubt this statement, just take a look at the State Bar's website, www.gabar.org. You will note the State Bar has a sizeable staff who are dedicated to investigating and stopping the Unauthorized Practice of Law.
http://www.gabar.org/directories/state_bar_staff/#UPL
Unlicensed Practice of Law
"The Unlicensed Practice of Law (UPL) Department addresses the investigation and prosecution of UPL in Georgia."
Steven J. Kaczkowski, Director (404) 527-8743
steve@gabar.org
John G. Marty, Assistant Director (404) 527-8743 johnm@gabar.org
Lorraine Bell, Legal Secretary (404) 527-8743 lorraine@gabar.org
Robert Tyson, Staff Investigator (404) 527-8743 robertt@gabar.org
Thomas H. Porter, Staff Investigator (404) 527-8743 tom@gabar.org
Additionally, there are multiple districts in Georgia, with each district having lawyers who themselves investigate allegations of the Unauthorized Practice of Law.
UPL Standing CommitteeThis committee is charged with the duty of considering, investigating, and seeking the prohibition of matters pertaining to the unlicensed practice of law and the prosecution of alleged offenders. View Committee Members
UPL District 1 View Committee Members
UPL District 2 View Committee Members
UPL District 3 View Committee Members
UPL District 4 View Committee Members
UPL District 5 View Committee Members
UPL District 6 View Committee Members
UPL District 7 View Committee Members
UPL District 8 View Committee Members
UPL District 9 View Committee Members
UPL District. 10 View Committee Members
I do not list the numerous attorneys employed by the State Bar of Georgia who actually prosecute illegal behaviors.
The point should be clear to all notaries, and attorneys alike, that the State Bar of Georgia is serious about preventing anyone from practicing law in Georgia without a license. Protect yourself and comply with Georgia law; after all, it is the right thing to do.
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
We believe education is an important first step, and the preferable method, for achieving full compliance with Georgia's laws prohibiting the Unauthorized Practice of Law.
I realize that some folks would not recognize the truth if it slapped them in the face. That is why the State Bar of Georgia has an enforcement branch to investigate the Unauthorized Practice of Law.
The State Bar of Georgia is serious about stopping the Unauthorized Practice of Law. If you doubt this statement, just take a look at the State Bar's website, www.gabar.org. You will note the State Bar has a sizeable staff who are dedicated to investigating and stopping the Unauthorized Practice of Law.
http://www.gabar.org/directories/state_bar_staff/#UPL
Unlicensed Practice of Law
"The Unlicensed Practice of Law (UPL) Department addresses the investigation and prosecution of UPL in Georgia."
Steven J. Kaczkowski, Director (404) 527-8743
steve@gabar.org
John G. Marty, Assistant Director (404) 527-8743 johnm@gabar.org
Lorraine Bell, Legal Secretary (404) 527-8743 lorraine@gabar.org
Robert Tyson, Staff Investigator (404) 527-8743 robertt@gabar.org
Thomas H. Porter, Staff Investigator (404) 527-8743 tom@gabar.org
Additionally, there are multiple districts in Georgia, with each district having lawyers who themselves investigate allegations of the Unauthorized Practice of Law.
UPL Standing CommitteeThis committee is charged with the duty of considering, investigating, and seeking the prohibition of matters pertaining to the unlicensed practice of law and the prosecution of alleged offenders. View Committee Members
UPL District 1 View Committee Members
UPL District 2 View Committee Members
UPL District 3 View Committee Members
UPL District 4 View Committee Members
UPL District 5 View Committee Members
UPL District 6 View Committee Members
UPL District 7 View Committee Members
UPL District 8 View Committee Members
UPL District 9 View Committee Members
UPL District. 10 View Committee Members
I do not list the numerous attorneys employed by the State Bar of Georgia who actually prosecute illegal behaviors.
The point should be clear to all notaries, and attorneys alike, that the State Bar of Georgia is serious about preventing anyone from practicing law in Georgia without a license. Protect yourself and comply with Georgia law; after all, it is the right thing to do.
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Tuesday, February 20, 2007
The Unauthorized Practice of Law in Georgia is Flagrant For All To See!
The Unauthorized Practice of Law in Georgia is Flagrant For All To See!
Open and blatant, for all to see, notaries boast of how many loans they have closed in the State of Georgia on http://www.123notary.com/, and other websites, that promote the services of notaries.
The notaries, as advertisers, admit to numbers that range from no real estate closings to 10, 50, and 100 and upwards to 1,000 loans closed. These individuals are not attorneys as they are required to be by Georgia law. All of this reminds me of folks who commit crimes and then videotape their actions only to have the videotape used against them in court.
I’m not sure who is more to blame in this saga. Certainly the notaries are motivated by financial gain and I am not certain that the notary is not the victim by a scheme that certainly has defects ranging from background screening, licensure and supervision.
The State of Georgia has poorly educated notaries before granting them authority to use the power of their offices in a manner that causes them personal and professional risks beyond their own comprehension.
The State Bar of Georgia has not done enough to educate notaries on the limits of power imposed through the notary commission. The State Legislature has not clearly defined in statutory form the rights, privileges and limitations on notarial power.
Proof of these facts is evidenced by the numerous notaries advertising their services for loan closings of Georgia and non-Georgia properties and the fact that these folks have been hired repeatedly by financial institutions without adequate supervision from the executive, legislative, judicial or administrative officials who are themselves charged to serve the public. The lending industry has not been adequately educated or regulated in Georgia and the executive branch shares blame in this regard.
Surely, there is plenty of blame to go around as notaries have been illegally practicing law throughout Georgia for some time now. Ultimately, the State of Georgia can discipline, and even disbar financial institutions that hire notaries to handle real estate loan closings in Georgia. Personally, I favor education over punishment at this stage. I suppose a dragnet can be cast to haul substantial numbers of notaries off to jail, revoke their notary commissions, and other punishments that range from education to the macabre destruction of lives and livelihoods those sanctions may bring to bear.
I hope everyone involved in this process will take a penetrating look at the situation with an eye toward fixing the problem through education first and punishment second. Undoubtedly, action needs to be taken sooner rather than later.
So, let me dare ask, “Is anyone listening?”
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Open and blatant, for all to see, notaries boast of how many loans they have closed in the State of Georgia on http://www.123notary.com/, and other websites, that promote the services of notaries.
The notaries, as advertisers, admit to numbers that range from no real estate closings to 10, 50, and 100 and upwards to 1,000 loans closed. These individuals are not attorneys as they are required to be by Georgia law. All of this reminds me of folks who commit crimes and then videotape their actions only to have the videotape used against them in court.
I’m not sure who is more to blame in this saga. Certainly the notaries are motivated by financial gain and I am not certain that the notary is not the victim by a scheme that certainly has defects ranging from background screening, licensure and supervision.
The State of Georgia has poorly educated notaries before granting them authority to use the power of their offices in a manner that causes them personal and professional risks beyond their own comprehension.
The State Bar of Georgia has not done enough to educate notaries on the limits of power imposed through the notary commission. The State Legislature has not clearly defined in statutory form the rights, privileges and limitations on notarial power.
Proof of these facts is evidenced by the numerous notaries advertising their services for loan closings of Georgia and non-Georgia properties and the fact that these folks have been hired repeatedly by financial institutions without adequate supervision from the executive, legislative, judicial or administrative officials who are themselves charged to serve the public. The lending industry has not been adequately educated or regulated in Georgia and the executive branch shares blame in this regard.
Surely, there is plenty of blame to go around as notaries have been illegally practicing law throughout Georgia for some time now. Ultimately, the State of Georgia can discipline, and even disbar financial institutions that hire notaries to handle real estate loan closings in Georgia. Personally, I favor education over punishment at this stage. I suppose a dragnet can be cast to haul substantial numbers of notaries off to jail, revoke their notary commissions, and other punishments that range from education to the macabre destruction of lives and livelihoods those sanctions may bring to bear.
I hope everyone involved in this process will take a penetrating look at the situation with an eye toward fixing the problem through education first and punishment second. Undoubtedly, action needs to be taken sooner rather than later.
So, let me dare ask, “Is anyone listening?”
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Wednesday, February 14, 2007
Georgia Lawyers Discuss The Unauthorized Practice of Law
I have edited the following remarks that demonstrate another view regarding the Unauthorized Practice of Law in Georgia.
Georgia Real Property Lawyer, No. 1
“Seller, an institutional lender that has recently acquired title to Georgia property by foreclosure, contracts to sell residence to Buyer. Seller agrees to pay closing Attorney and cost of owner’s policy if Seller can choose Attorney.
Buyer agrees and closing is set to take place at the offices of Georgia law firm of "Nuthin' but Foreclosures, P.C." in Oz, Georgia.
Buyer, who lives 3 hours away in Backwoods, Georgia, becomes unable to travel this distance to the Emerald City to close. Selling agent contacts a local Backwoods, Georgia Attorney who agrees to conduct closing in his office for a fee of $300 to be paid by Buyer.
Title exam, loan and owners title commitments and coordination of loan docs with Borrower's lender are all handled by "Nuthin' but Foreclosures, P.C." in Oz, Ga.
All docs are overnighted to Backwoods, Ga. Attorney, who conducts closing in the same manner as he would other closings.
Certified funds required from Buyer and all executed docs are returned to law firm in Oz, Ga.
Loan proceeds and Buyer's certified funds are deposited in "Nuthin' but Foreclosures, P.C." IOLTA account and disbursed in accordance with the HUD-1 by overnight courier 48hrs later.
Georgia property, Georgia lawyers, funds deposited and disbursed into and from Georgia IOLTA [trust] account, any problems?
Georgia Real Property Lawyer, No. 2
“Stepping out in faith, I say perfectly legal and above board.”
Georgia Real Property Lawyer, No. 3
“Since it is a GA attorney who is preparing, reviewing and disbursing everything, it is not the (Unauthorized Practice of Law) UPL.”
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Georgia Real Property Lawyer, No. 1
“Seller, an institutional lender that has recently acquired title to Georgia property by foreclosure, contracts to sell residence to Buyer. Seller agrees to pay closing Attorney and cost of owner’s policy if Seller can choose Attorney.
Buyer agrees and closing is set to take place at the offices of Georgia law firm of "Nuthin' but Foreclosures, P.C." in Oz, Georgia.
Buyer, who lives 3 hours away in Backwoods, Georgia, becomes unable to travel this distance to the Emerald City to close. Selling agent contacts a local Backwoods, Georgia Attorney who agrees to conduct closing in his office for a fee of $300 to be paid by Buyer.
Title exam, loan and owners title commitments and coordination of loan docs with Borrower's lender are all handled by "Nuthin' but Foreclosures, P.C." in Oz, Ga.
All docs are overnighted to Backwoods, Ga. Attorney, who conducts closing in the same manner as he would other closings.
Certified funds required from Buyer and all executed docs are returned to law firm in Oz, Ga.
Loan proceeds and Buyer's certified funds are deposited in "Nuthin' but Foreclosures, P.C." IOLTA account and disbursed in accordance with the HUD-1 by overnight courier 48hrs later.
Georgia property, Georgia lawyers, funds deposited and disbursed into and from Georgia IOLTA [trust] account, any problems?
Georgia Real Property Lawyer, No. 2
“Stepping out in faith, I say perfectly legal and above board.”
Georgia Real Property Lawyer, No. 3
“Since it is a GA attorney who is preparing, reviewing and disbursing everything, it is not the (Unauthorized Practice of Law) UPL.”
Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com
Copyright 2007. All Rights Reserved.
Tuesday, February 13, 2007
SOX, SOX, SOX, WHAT'S UP WITH SIGN ON THE X, AKA SOX!
I am open to a full discussion on SOX on my blog. http://thenotaryeagle.blogspot.com/
I have already published several articles on Sign on the X, a/k/a SOX and Signatures Plus.
http://thenotaryeagle.blogspot.com/2007/02/is-sox-contract-fair-notary-eagle-says.html
http://thenotaryeagle.blogspot.com/2007/02/more-on-sign-on-x-aka-sox-aka.html
http://thenotaryeagle.blogspot.com/2007/02/sox-sox-oh-my-my-sox-aka-signatures.html
The essence of these articles is that SOX is a company with lots of unhappy notaries and complaining is not enough. The involvement of the FTC, California governor's office, BBB, et cetera is important to forcing changes in the SOX organization. Fight for change or wallow in self pity, the choice is yours!
I have already published several articles on Sign on the X, a/k/a SOX and Signatures Plus.
http://thenotaryeagle.blogspot.com/2007/02/is-sox-contract-fair-notary-eagle-says.html
http://thenotaryeagle.blogspot.com/2007/02/more-on-sign-on-x-aka-sox-aka.html
http://thenotaryeagle.blogspot.com/2007/02/sox-sox-oh-my-my-sox-aka-signatures.html
The essence of these articles is that SOX is a company with lots of unhappy notaries and complaining is not enough. The involvement of the FTC, California governor's office, BBB, et cetera is important to forcing changes in the SOX organization. Fight for change or wallow in self pity, the choice is yours!
Sunday, February 11, 2007
Can A Georgia Notary Close Non-Georgia Property In Or Outside Georgia?
Question: "What if the property is in Georgia and the owner lives in California, can a notary in California handle the signing for them?"
Answer: I believe the best answer is no.
Financial transactions involving Georgia property require the active involvement and participation of an attorney licensed and admitted to the State Bar of Georgia.
I believe the California notary could authenticate the documents under the direction of a Georgia lawyer; however, the California notary could not work independently except under the supervision of a Georgia lawyer. The best source of information would be the State Bar of Georgia (http://www.gabar.org/).
Georgia Attorney Pat McMahon expressed his thoughts this way: "Where the property is in Georgia and the owner is in California, I have seen two ways to handle this matter. First with a power of attorney to a local individual. The other way is to do what is called a mail-away closing."
"Some [real property attorneys] feel strongly that a mail away is unethical and improper. The way I have seen mail-aways handled is to contact your title insurance agent in the away state or a local out-of-state attorney and have them witness the execution of the documents. The rub with this is the Waiver of borrower's rights which the out-of-state attorney cannot do. In either case all other elements of the closing transaction are handled by the Georgia attorney."
If the property is in Georgia, Georgia law requires the employment of a licensed Georgia attorney and a non-attorney cannot close the transaction as to do so would constitute the Unlawful Practice of Law. From personal experience, I can state that there is a great number of lawyers in California who are licensed to practice law in Georgia.
I will also go out on a limb and indicate my opinion that it is also the Unauthorized Practice of Law to handle a closing inside the territory of the State of Georgia unless you are a licensed member of the State Bar of Georgia.
I realize that this is a common practice; however, I believe there are good arguments for my position. My blogs will cover this subject in more detail.
(My opinion is based on my interpretation of the law; however, you would need to consult with your own legal counsel for a definitive answer. I realize this is a wiggle; however, no one wants to be sued, and, unless you are paying for my advice, I reserve the right to be wrong!)
Burton Fletcher
Owner
Georgia Signing Agents.com, LLC
Desk1@GeorgiaSigningAgents.com
Answer: I believe the best answer is no.
Financial transactions involving Georgia property require the active involvement and participation of an attorney licensed and admitted to the State Bar of Georgia.
I believe the California notary could authenticate the documents under the direction of a Georgia lawyer; however, the California notary could not work independently except under the supervision of a Georgia lawyer. The best source of information would be the State Bar of Georgia (http://www.gabar.org/).
Georgia Attorney Pat McMahon expressed his thoughts this way: "Where the property is in Georgia and the owner is in California, I have seen two ways to handle this matter. First with a power of attorney to a local individual. The other way is to do what is called a mail-away closing."
"Some [real property attorneys] feel strongly that a mail away is unethical and improper. The way I have seen mail-aways handled is to contact your title insurance agent in the away state or a local out-of-state attorney and have them witness the execution of the documents. The rub with this is the Waiver of borrower's rights which the out-of-state attorney cannot do. In either case all other elements of the closing transaction are handled by the Georgia attorney."
If the property is in Georgia, Georgia law requires the employment of a licensed Georgia attorney and a non-attorney cannot close the transaction as to do so would constitute the Unlawful Practice of Law. From personal experience, I can state that there is a great number of lawyers in California who are licensed to practice law in Georgia.
- If the borrower is in California, and the property is in Georgia, then a Georgia lawyer must handle the transaction. A lawyer not licensed in Georgia cannot handle the transaction as this would be the Unauthorized Practice of Law.
- If the signing involves a Georgia property, a Georgia lawyer is required and a non-lawyer cannot handle the transaction as this would violate Georgia law.
- Though commonly practiced, I believe it is questionable as to whether a non-lawyer can close non-Georgia property within the State of Georgia.
I will also go out on a limb and indicate my opinion that it is also the Unauthorized Practice of Law to handle a closing inside the territory of the State of Georgia unless you are a licensed member of the State Bar of Georgia.
I realize that this is a common practice; however, I believe there are good arguments for my position. My blogs will cover this subject in more detail.
(My opinion is based on my interpretation of the law; however, you would need to consult with your own legal counsel for a definitive answer. I realize this is a wiggle; however, no one wants to be sued, and, unless you are paying for my advice, I reserve the right to be wrong!)
Burton Fletcher
Owner
Georgia Signing Agents.com, LLC
Desk1@GeorgiaSigningAgents.com
Georgia Unauthorized Practice of Law (UPL) Blog
I have created a new blog separate from this site that will be posted on www.GeorgiaSigningAgents.com. My other blog, titled Georgia UPL Law (http://georgia-upl-law.blogspot.com/) has a direct link that can be found on http://georgia-upl-law.blogspot.com/.
I am learning details regarding the Unauthorized Practice of Law (UPL) that are different from common perceptions and of serious importance to my colleagues who are dedicated to working honorably and legally as notaries throughout the State of Georgia.
I will share important concepts regarding law in a more sedate manner on my other website as it is intended to be more formal in presentation and educational in nature.
Stay tuned and keep a sharp eye on my UPL blog at http://georgia-upl-law.blogspot.com/.
Burton Fletcher
Owner
Georgia Signing Agents.com, LLC
Desk1@GeorgiaSigningAgents.com
I am learning details regarding the Unauthorized Practice of Law (UPL) that are different from common perceptions and of serious importance to my colleagues who are dedicated to working honorably and legally as notaries throughout the State of Georgia.
I will share important concepts regarding law in a more sedate manner on my other website as it is intended to be more formal in presentation and educational in nature.
Stay tuned and keep a sharp eye on my UPL blog at http://georgia-upl-law.blogspot.com/.
Burton Fletcher
Owner
Georgia Signing Agents.com, LLC
Desk1@GeorgiaSigningAgents.com
Georgia's Unauthorized Practice of Law Decision
Unauthorized Practice of Law
On November 10, 2003, in a per curiam opinion, S03U1451. IN RE UPL ADVISORY OPINION 2003-2, (277 Ga. 472) the Supreme Court of Georgia adopted the State Bar of Georgia’s Formal Disciplinary Opinion. The following is my outline of significant points within the Court's decision.
We granted the State Bar of Georgia’s petition for discretionary review to consider the opinion of the Standing Committee on the Unlicensed Practice of Law that
1. “[T]he preparation and execution of a deed of conveyance on behalf of another and facilitation of its execution by anyone other than a duly licensed Georgia attorney constitutes the unauthorized practice of law.”
2. “[O]nly a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance.”
3. “[W]e approve UPL Advisory Opinion 2003-2.”
4. “[A] lawyer cannot delegate responsibility for the closing of a real estate transaction to a non-lawyer and required the physical presence of an attorney for the preparation and execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt).”
5. “[I]t is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.”
6. “[A]s it distinguishes a professional service from a purely commercial enterprise, we continue to believe that the public interest is best protected when a licensed Georgia attorney, trained to recognize the rights at issue during a property conveyance, oversees the entire transaction.
7. “If the attorney fails in his or her responsibility in the closing, the attorney may be held accountable through a malpractice or bar disciplinary action.” * * * “It is thus clear that true protection of the public interest in Georgia requires that an attorney licensed in Georgia participate in the real estate transaction”
8. “[S]ince at least 1932 it has been the statutory policy in the State of Georgia that only attorneys properly licensed in Georgia are authorized to close real estate transactions.
9. The “practice of law includes conveyancing, preparation of legal instruments of all kinds whereby legal right is secured, rendering of opinions as to the validity or invalidity of titles to real or personal property, and giving of any legal advice.”
10. “[O]nly an attorney duly licensed in this State can prepare and facilitate the execution of a deed of conveyance.”
11. “Accordingly, we hereby approve UPL Advisory Opinion 2003-2.”
UPL Advisory Opinion approved. All the Justices concur.
Decided November 10, 2003 – Reconsideration denied December 12, 2003.
On November 10, 2003, in a per curiam opinion, S03U1451. IN RE UPL ADVISORY OPINION 2003-2, (277 Ga. 472) the Supreme Court of Georgia adopted the State Bar of Georgia’s Formal Disciplinary Opinion. The following is my outline of significant points within the Court's decision.
We granted the State Bar of Georgia’s petition for discretionary review to consider the opinion of the Standing Committee on the Unlicensed Practice of Law that
1. “[T]he preparation and execution of a deed of conveyance on behalf of another and facilitation of its execution by anyone other than a duly licensed Georgia attorney constitutes the unauthorized practice of law.”
2. “[O]nly a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance.”
3. “[W]e approve UPL Advisory Opinion 2003-2.”
4. “[A] lawyer cannot delegate responsibility for the closing of a real estate transaction to a non-lawyer and required the physical presence of an attorney for the preparation and execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt).”
5. “[I]t is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.”
6. “[A]s it distinguishes a professional service from a purely commercial enterprise, we continue to believe that the public interest is best protected when a licensed Georgia attorney, trained to recognize the rights at issue during a property conveyance, oversees the entire transaction.
7. “If the attorney fails in his or her responsibility in the closing, the attorney may be held accountable through a malpractice or bar disciplinary action.” * * * “It is thus clear that true protection of the public interest in Georgia requires that an attorney licensed in Georgia participate in the real estate transaction”
8. “[S]ince at least 1932 it has been the statutory policy in the State of Georgia that only attorneys properly licensed in Georgia are authorized to close real estate transactions.
9. The “practice of law includes conveyancing, preparation of legal instruments of all kinds whereby legal right is secured, rendering of opinions as to the validity or invalidity of titles to real or personal property, and giving of any legal advice.”
10. “[O]nly an attorney duly licensed in this State can prepare and facilitate the execution of a deed of conveyance.”
11. “Accordingly, we hereby approve UPL Advisory Opinion 2003-2.”
UPL Advisory Opinion approved. All the Justices concur.
Decided November 10, 2003 – Reconsideration denied December 12, 2003.
NNA Certified and Background Screened Notary Signing Agent
The National Notary Associations' "NNA Certified and Background Screened Notary Signing Agent" certificate is a badge of professionalism that every notary should aspire to achieve.I encourage all notaries to build their credentials by proving their professionalism and commitment to service as a notary signing agent by obtaining this certification.
Job Announcement for Georgia Attorney-Notaries
Georgia Signing Agents.com, LLC is looking for attorney-notaries throughout the State of Georgia.
As you know, Georgia is an attorney-signing state, and as much as we may dislike the rules, we intend to follow them. If you are an attorney who wishes to work with us, please email us your resume and W-9.
We are also happy to work with non-attorneys provided we are in full compliance with the law.Regards.www.GeorgiaSigningAgents.com
Desk1@GeorgiaSigningAgents.com
http://www.callourlawyers.com/
As you know, Georgia is an attorney-signing state, and as much as we may dislike the rules, we intend to follow them. If you are an attorney who wishes to work with us, please email us your resume and W-9.
We are also happy to work with non-attorneys provided we are in full compliance with the law.Regards.www.GeorgiaSigningAgents.com
Desk1@GeorgiaSigningAgents.com
http://www.callourlawyers.com/
IS THE SOX CONTRACT FAIR? THE NOTARY EAGLE SAYS NO!
Is the SOX contract fair? SOX states its terms on it's website at https://www.signonthexinc.com/invoice/.
Send only one invoice for signings completed for the entire month on the first day of the next month. Example: invoice for the month of July is sent August 1st and payment is mailed out on August 30th.
We must receive your invoice no later than the 5th of the month. Invoice should reflect signings performed during the previous month. Any work not billed within 90 days of completion will be void.
*Independent contractor fee varies per signing. If refused by the borrower the fee will be half of the original fee assigned.
SOX likes to put the burden on you, the notary. If you make a mistake, you may not be paid.
If you miss the deadline to invoice by the 5th, you must wait until the next month.
If you are in the hospital at that time or out of the country, ill, forget, computer crash, then you are SOL and SOX keeps the money it earned through your hard work.
Don't work for any company with a cavalier attitude toward notaries.
Is the SOX contract fair? The Notary Eagle says no!
Send only one invoice for signings completed for the entire month on the first day of the next month. Example: invoice for the month of July is sent August 1st and payment is mailed out on August 30th.
We must receive your invoice no later than the 5th of the month. Invoice should reflect signings performed during the previous month. Any work not billed within 90 days of completion will be void.
*Independent contractor fee varies per signing. If refused by the borrower the fee will be half of the original fee assigned.
SOX likes to put the burden on you, the notary. If you make a mistake, you may not be paid.
If you miss the deadline to invoice by the 5th, you must wait until the next month.
If you are in the hospital at that time or out of the country, ill, forget, computer crash, then you are SOL and SOX keeps the money it earned through your hard work.
Don't work for any company with a cavalier attitude toward notaries.
Is the SOX contract fair? The Notary Eagle says no!
MORE ON SIGN ON THE X A/K/A SOX A/K/A SIGNATURES PLUS
Sox claims address and office information as follows:
http://www.signonthexinc.com/contact/
Corporate Office:
11 Mareblu, Suite #100
Aliso Viejo, CA 92656
Tel: 1-949-643-7000
Office Locations:
Aliso Viejo, CA
Laguna Beach, CA
New York, NY
San Diego, CA
Email SOX at mdobbs@soxusa.net.
The Notary Eagle
http://www.signonthexinc.com/contact/
Corporate Office:
11 Mareblu, Suite #100
Aliso Viejo, CA 92656
Tel: 1-949-643-7000
Office Locations:
Aliso Viejo, CA
Laguna Beach, CA
New York, NY
San Diego, CA
Email SOX at mdobbs@soxusa.net.
The Notary Eagle
SOX, SOX, OH MY, MY SOX! AKA SIGNATURES PLUS!
A great deal of negative information has been communicated regarding Sign on the X, also known as SOX, and Signatures Plus, an outfit located in California, and the employer of numerous independent contractor notaries throughout the United States.
Research Sign on the X (SOX) before you sign on the X with SOX!
A good place to learn about the business practices of SOX is the Internet. A search of www.Google.com or www.Yahoo.com is a start. Messages on notary message boards such as www.123notary.com, see
http://www.123notary.com/forum.htm will also warn the notary regarding SOX.
Now, don't get me wrong, I am not saying to not do business with SOX, I am just saying that I would never do business with SOX. SOX paid me, but they paid me late, and they paid me after giving me grief and I'll be the first to write that I cannot understand why any notary would work for SOX unless they were desperate for money and did not mind chasing SOX for payment.
Now, I am sharing my opinions regarding SOX and I back up my files since SOX intimidated www.123notary.com into deleting numerous truthful messages that SOX did not like. SOX likes to threaten people but as you will learn, SOX is going to be on extremely weak ground should it ever file suit alleging defamation of character. More on that in future posts.
Now, don't take my word regarding SOX. Let's read what others have written about SOX.
http://www.americannn.com/forums/display_topic_threads.asp?ForumID=1&TopicID=380&PagePosition=1
What can you do?
Write the governor of California!
Write the governor of California an email and inform him of the numerous complaints against SOX. Ask that the attorney general investigate SOX's business practices. Include your name, address, and contact information so you will be taken serious. The governor's email address is: governor@governor.ca.gov.
File a complaint with the Better Business Bureau
As of February 5, 2007, SOX had 306 complaints with the Better Business Bureau. As of today, February 11, the number of complaints have increased to 311! SOX must be setting a new record for low business practices. SOX look inward and clean your house!
The BBB has given SOX an "F" rating. Inform everyone you know about SOX. Everyone! Inform lenders, title companies, government officials and notaries if you have negative experiences with SOX.
http://www.labbb.org/BBBWeb/Forms/Business/CompanyReportPage_Expository.aspx?CompanyID=13134410
Take a look at www.RipOffReport.com and look up Sign on the X. http://www.ripoffreport.com/search.asp
Read the comments expressed on the Internet:
http://www.americannn.com/forums/display_topic_threads.asp?ForumID=1&TopicID=380&PagePosition=1
Wanda Hackman, a notary with a post on www.123notary.com wrote, "Contact the CEO of Sox, Deb Vlavic, email dvlavic@soxusa.net this is the letter I sent her and got my money. She also told me that she would remove me from their database, like that would upset me! she did me a favor. "
Legal Eagle Para Professional Services wrote, "SOX seems to be a real bone of contention in this forum, more than any other signing company. Maybe we should all boycott SOX and see how quick they are to pay their notaries. Please notaries do your homework. Check with the Better Business Bureau before you contract with any company."
SOX May Also Use The Name Signatures Plus
"I read that Signatures Plus and Sox are owned by the same people so it would make sense that you would have issues with both if they are."
Contact The Lenders
Don't just whine about SOX, take action as I am doing. Inform the lenders of SOX's despicable reputation for mistreating notaries. If you educate the lenders they will use a different company.
Complain And Then File Suit Against The Borrowers
You have a legal right of action against borrowers if you are not paid. Send the borrower a letter demanding payment and copy SOX, the lender, the title company, et cetera of your intent to sue the borrower as a third-party beneficiary of your contract with SOX.
File A Complaint With The Federal Trade Commission
There is enough evidence regarding SOX that the Federal Trade Commission should take notice if you refer to this blog and others and you provide the evidence. Don't just complain, provide your evidence to inform if you have evidence that a company has a sociopathic, predatory character. Inform, inform, inform! See www.ftc.gov.
Information on SOX
http://www.manta.com/comsite5/bin/pddnb_company.pl?pdlanding=1&referid=4490&id=gprjmb
$900,000 in annual sales. 12 employees. Owner: Debra Vladic.
Website: http://www.signonthexinc.com/home/
Companies that SOX represents:
A quote on SOX's website states:
"Home Loan Center has been using SOX for over two years and is currently our highest volume signing vendor...SOX holds their staff to the highest standards. They never decline orders and are always striving to provide the best service to my staff and to our customers…(with) SOX as your signing vendor, you can feel confident that you will receive excellent service and can trust that their staff will represent your company with the highest standards and integrity."- James Pittenger/Director Vendor Services/HomeLoanCenter.com."
I encourage you to go to www.homeloancenter.com and inform James Pittenger of your opinions regarding SOX.
"Having an onsite rep with SOX means having a dedicated partner in your corner at the most crucial hour of your business!"- Justin Smith, CEO/American Heritage Lending" I encourage you to contact Justin Smith of American Heritage Lending and educate Justin on SOX's relationships with notaries.
"We are very happy with the service your company provides and I am sure this is the beginning of a long and successful relationship"- Lynn Lawerance/Escrow Officer/First American Title."
"Working for SOX for the past few years has been wonderful. From day one they have been a company that I can trust to help grow my notary business They have longevity in the business because they care about their clients and notaries. SOX has all the qualities that every signing service should have today. Impeccable customer service, utmost professionalism and reliability. They are a company to trust."- Dianne Dahlke (notary)"
Do you trust SOX? Do you feel they care about you or your needs to be paid in a timely manner? Do you agree that SOX has "all the qualities that every signing service should have today?" Do you receive "impeccable customer service, utmost professionalism and reliability?" This reads like false advertising to me.
"I have been working with Sox Signing Solutions for almost a year now, the Sox staff is extremely knowledgeable, courteous and professional in every level. Payments are always received on time from their finance department. I look forward to continuing my relationship with such an efficient team."- Debbie P., Philadelphia PA"
Can you believe this false advertising! "Payments are always received on time...." Hey, they are "efficient" too! I never knew! Who is this Debbie P. from Philadelphia PA? Debbie, do you still feel this way about SOX?
"Everything went great, and we should be funding soon. Thanks so much. I will definitely use your service again."- Ann Intarathuch-Processor/People’s Choice Home Loans
Contact the People's Choice Home Loans and inform them of your opinions regarding SOX.
"My borrower called to say how wonderful and informative your notary was..."- Shirin Moftakhar, Account Manager/LendingTree Loans
Those in the industry know the notary signing agents work hard. I encourage you to contact Lending Tree Loans to share your experiences with SOX. Take action!
More False Advertising
SOX provides a Mission Statement that states:
"Mission Statement: ”SOX has a passion for being extraordinary in everything we do from operational excellence to providing superior customer service to all of our clients and the SOX family. We seek to outperform our competition and, above all, give signing peace of mind.”
I believe "operational excellence" is a misrepresentation. I believe it is equally false to state that SOX provides "superior customer service to ... the SOX family." Too many notaries complain that they are mistreated as if they are unwanted bastard children! SOX is guilty of false advertising!
SOX quotes notary Mike Hebert stating:
"It is a pleasure to work for a company like SOX. Their staff is professional and knowledgeable and as their notary representation in the field they provide us with the necessary assistance to complete each assignment. In the last 6 years this partnership has expanded our business largely due to their support and dedication to excellent customer service.”- Mike Hebert, Owner"
I provide Mike's comments so there is balance to my article on SOX. Did you consider SOX's staff to be "professional." This seems like more false advertising to this notary.
SOX states: "SOX is dependable, knowledgeable and communicative." A LOT of notaries disagree with this statement. This is more false advertising.
We will be profiling SOX with new posts to identify this company, its employees, and lenders who do business with SOX. Your contributions are welcome and invited.
Notary Eagle
Research Sign on the X (SOX) before you sign on the X with SOX!
A good place to learn about the business practices of SOX is the Internet. A search of www.Google.com or www.Yahoo.com is a start. Messages on notary message boards such as www.123notary.com, see
http://www.123notary.com/forum.htm will also warn the notary regarding SOX.
Now, don't get me wrong, I am not saying to not do business with SOX, I am just saying that I would never do business with SOX. SOX paid me, but they paid me late, and they paid me after giving me grief and I'll be the first to write that I cannot understand why any notary would work for SOX unless they were desperate for money and did not mind chasing SOX for payment.
Now, I am sharing my opinions regarding SOX and I back up my files since SOX intimidated www.123notary.com into deleting numerous truthful messages that SOX did not like. SOX likes to threaten people but as you will learn, SOX is going to be on extremely weak ground should it ever file suit alleging defamation of character. More on that in future posts.
Now, don't take my word regarding SOX. Let's read what others have written about SOX.
http://www.americannn.com/forums/display_topic_threads.asp?ForumID=1&TopicID=380&PagePosition=1
What can you do?
Write the governor of California!
Write the governor of California an email and inform him of the numerous complaints against SOX. Ask that the attorney general investigate SOX's business practices. Include your name, address, and contact information so you will be taken serious. The governor's email address is: governor@governor.ca.gov.
File a complaint with the Better Business Bureau
As of February 5, 2007, SOX had 306 complaints with the Better Business Bureau. As of today, February 11, the number of complaints have increased to 311! SOX must be setting a new record for low business practices. SOX look inward and clean your house!
The BBB has given SOX an "F" rating. Inform everyone you know about SOX. Everyone! Inform lenders, title companies, government officials and notaries if you have negative experiences with SOX.
http://www.labbb.org/BBBWeb/Forms/Business/CompanyReportPage_Expository.aspx?CompanyID=13134410
Take a look at www.RipOffReport.com and look up Sign on the X. http://www.ripoffreport.com/search.asp
Read the comments expressed on the Internet:
http://www.americannn.com/forums/display_topic_threads.asp?ForumID=1&TopicID=380&PagePosition=1
Wanda Hackman, a notary with a post on www.123notary.com wrote, "Contact the CEO of Sox, Deb Vlavic, email dvlavic@soxusa.net this is the letter I sent her and got my money. She also told me that she would remove me from their database, like that would upset me! she did me a favor. "
Legal Eagle Para Professional Services wrote, "SOX seems to be a real bone of contention in this forum, more than any other signing company. Maybe we should all boycott SOX and see how quick they are to pay their notaries. Please notaries do your homework. Check with the Better Business Bureau before you contract with any company."
SOX May Also Use The Name Signatures Plus
"I read that Signatures Plus and Sox are owned by the same people so it would make sense that you would have issues with both if they are."
Contact The Lenders
Don't just whine about SOX, take action as I am doing. Inform the lenders of SOX's despicable reputation for mistreating notaries. If you educate the lenders they will use a different company.
Complain And Then File Suit Against The Borrowers
You have a legal right of action against borrowers if you are not paid. Send the borrower a letter demanding payment and copy SOX, the lender, the title company, et cetera of your intent to sue the borrower as a third-party beneficiary of your contract with SOX.
File A Complaint With The Federal Trade Commission
There is enough evidence regarding SOX that the Federal Trade Commission should take notice if you refer to this blog and others and you provide the evidence. Don't just complain, provide your evidence to inform if you have evidence that a company has a sociopathic, predatory character. Inform, inform, inform! See www.ftc.gov.
Information on SOX
http://www.manta.com/comsite5/bin/pddnb_company.pl?pdlanding=1&referid=4490&id=gprjmb
$900,000 in annual sales. 12 employees. Owner: Debra Vladic.
Website: http://www.signonthexinc.com/home/
Companies that SOX represents:
A quote on SOX's website states:
"Home Loan Center has been using SOX for over two years and is currently our highest volume signing vendor...SOX holds their staff to the highest standards. They never decline orders and are always striving to provide the best service to my staff and to our customers…(with) SOX as your signing vendor, you can feel confident that you will receive excellent service and can trust that their staff will represent your company with the highest standards and integrity."- James Pittenger/Director Vendor Services/HomeLoanCenter.com."
I encourage you to go to www.homeloancenter.com and inform James Pittenger of your opinions regarding SOX.
"Having an onsite rep with SOX means having a dedicated partner in your corner at the most crucial hour of your business!"- Justin Smith, CEO/American Heritage Lending" I encourage you to contact Justin Smith of American Heritage Lending and educate Justin on SOX's relationships with notaries.
"We are very happy with the service your company provides and I am sure this is the beginning of a long and successful relationship"- Lynn Lawerance/Escrow Officer/First American Title."
"Working for SOX for the past few years has been wonderful. From day one they have been a company that I can trust to help grow my notary business They have longevity in the business because they care about their clients and notaries. SOX has all the qualities that every signing service should have today. Impeccable customer service, utmost professionalism and reliability. They are a company to trust."- Dianne Dahlke (notary)"
Do you trust SOX? Do you feel they care about you or your needs to be paid in a timely manner? Do you agree that SOX has "all the qualities that every signing service should have today?" Do you receive "impeccable customer service, utmost professionalism and reliability?" This reads like false advertising to me.
"I have been working with Sox Signing Solutions for almost a year now, the Sox staff is extremely knowledgeable, courteous and professional in every level. Payments are always received on time from their finance department. I look forward to continuing my relationship with such an efficient team."- Debbie P., Philadelphia PA"
Can you believe this false advertising! "Payments are always received on time...." Hey, they are "efficient" too! I never knew! Who is this Debbie P. from Philadelphia PA? Debbie, do you still feel this way about SOX?
"Everything went great, and we should be funding soon. Thanks so much. I will definitely use your service again."- Ann Intarathuch-Processor/People’s Choice Home Loans
Contact the People's Choice Home Loans and inform them of your opinions regarding SOX.
"My borrower called to say how wonderful and informative your notary was..."- Shirin Moftakhar, Account Manager/LendingTree Loans
Those in the industry know the notary signing agents work hard. I encourage you to contact Lending Tree Loans to share your experiences with SOX. Take action!
More False Advertising
SOX provides a Mission Statement that states:
"Mission Statement: ”SOX has a passion for being extraordinary in everything we do from operational excellence to providing superior customer service to all of our clients and the SOX family. We seek to outperform our competition and, above all, give signing peace of mind.”
I believe "operational excellence" is a misrepresentation. I believe it is equally false to state that SOX provides "superior customer service to ... the SOX family." Too many notaries complain that they are mistreated as if they are unwanted bastard children! SOX is guilty of false advertising!
SOX quotes notary Mike Hebert stating:
"It is a pleasure to work for a company like SOX. Their staff is professional and knowledgeable and as their notary representation in the field they provide us with the necessary assistance to complete each assignment. In the last 6 years this partnership has expanded our business largely due to their support and dedication to excellent customer service.”- Mike Hebert, Owner"
I provide Mike's comments so there is balance to my article on SOX. Did you consider SOX's staff to be "professional." This seems like more false advertising to this notary.
SOX states: "SOX is dependable, knowledgeable and communicative." A LOT of notaries disagree with this statement. This is more false advertising.
We will be profiling SOX with new posts to identify this company, its employees, and lenders who do business with SOX. Your contributions are welcome and invited.
Notary Eagle
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