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.
Thursday, February 22, 2007
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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