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

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