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Lee-AR

Arkansas
678 Posts

Posted - 12/01/2011 :  06:23:45 AM  Show Profile  Reply with Quote
Have small problem with a company requiring a background check...not required by GLBA; snapshot in time; do their own employees have one done; if state requires it to be commissioned, why duplicate, etc., etc.

Have HUGE problem with requiring a background check only from a 'designated provider' unless they are willing to pay for it, as most did in the past.

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Saul

Illinois
46 Posts

Posted - 11/29/2011 :  2:45:19 PM  Show Profile  Reply with Quote
No, you are fingerprinted and backgroundchecked because you are in California; don't say "we." Don't mean this to be rude, just telling you that in Illinois and Wisconsin yoo don't need either and that is true in other states as well.
Hope you had a good thanksgiving.

Saul
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DianaNotary

California
171 Posts

Posted - 11/29/2011 :  11:54:57 AM  Show Profile  Visit DianaNotary's Homepage  Reply with Quote
I agree, SS Companies, title companies, etc. should not request a specific background check from the notary. I believe LSI title requires all notaries to undergo a background screening through a company that might be affiliated with LSI ….and the background check is valid for LSI only….
Waist of money.
In my opinion we are already screened, fingerprinted, etc before we receive notary commission, so that should be enough for all the entities that contract with us.

http://www.DianaNotary.com
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Renee

Michigan
549 Posts

Posted - 11/29/2011 :  03:12:59 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
I'm sorry, Kan Do - I did totally miss that point! I absolutely agree that if a client requires a BGC, it should not be limited to the NNA's. I will not submit to an NNA BGC, nor will I agree to join their organization.

I do maintain a current BGC via Notary Rotary, and have submitted my information to a few clients who obtained their own BGC (at their own cost). I also did submit information and pay for another BGC for one regular client - but that's a choice I would continue to make very judiciously. These are all title agents - not SS's. Actually, they were all regular clients long before they did want the BGC's.

I've yet to have any client ask that I get an NNA BGC, but it won't do them any good to ask me.
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KanDoNotary

Oklahoma
69 Posts

Posted - 11/28/2011 :  08:47:39 AM  Show Profile  Visit KanDoNotary's Homepage  Reply with Quote
Renee, I respect your opinions and know that you have experience on several boards that I also frequent. However, I think you've missed my point---Why are the notaries required to pay to have the BGC done by a particular entity?

I appreciate the desire for background checks, but as an independent contractor, those hiring entities should either accept what I have in my portfolio, or pay the cost for their preferred provider. If I were to do a credit check on those hiring entities, I would expect to pay for that service.

As it is, most SS and others who hire professional signing agents (or notaries in general), are requesting more and more services for smaller payments to us. If I must include annual membership in a particular organization so that I can be considered for sporadic job requests, then that cost is part of my fee, and it should be paid by the hiring entity.

JMO

Have Seal, Kan Travel! When you need a document notarized, I cover all of NE Oklahoma from I-35 to I-40 to the state borders. Call: 918-798-8908.
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Renee

Michigan
549 Posts

Posted - 11/28/2011 :  04:28:18 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
Some corrections & points:

Wayne: Not all BGC's are the same. The BGC available through Notary Rotary is pretty extensive, far beyond a search of local public record. It includes an OFAC search, SS trace, Federal criminal files, etc.

KanDo: Perhaps you posted this elsewhere, seems like I responded in the past? Or, maybe I just thought I did ...anyway, I'll respond again, point-by-point

The technology exists to alter loan docs - anyone in receipt of those documents (via ANY means) has access to the borrower's private information, as well as the opportunity to revise the documents and/or use the information for other purposes.

Loan Officers/originators, bankers, mortgage brokers, lenders, real estate agents, title agents - they are all licensed & regulated. IME, they are also all BGC'd, usually also drug-tested & must submit to a credit report. To me, it only makes sense that NSA's (who are neither licensed nor regulated as such) undergo a minimum of scrutiny via a BGC at least, for the protection of the consumer.

Not all states do BGC's on notary publics. While CA does do an extensive check (and that's to be commended), the commission is 4 years - a BGC is considered out-dated at 2 years. As you state, the BGC is a snap-shot of the moment - but it is also a report of prior history. It is a reasonable measure (and the only measure available) of what a person will or might do - an examination of what they have done in the past.

While incompetence or industry-related ignorance will not show up in a BGC, true - the protection of the consumer would be better served with it than without, and I think that's inarguable.

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wayneclemons

California
46 Posts

Posted - 11/27/2011 :  9:30:41 PM  Show Profile  Visit wayneclemons's Homepage  Reply with Quote
The "background checks" that are done by these background check companies are no more than a search of local public records. The FBI/DOJ background check that CA notaries go through is far more detailed than a $19.99 online background check.

Wayne
www.ExclusiveMobileNotary.com
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KanDoNotary

Oklahoma
69 Posts

Posted - 11/09/2011 :  06:28:19 AM  Show Profile  Visit KanDoNotary's Homepage  Reply with Quote
I’m noticing more and more requests from SS/lenders for background checks, many specifying it be done through NNA. My question is: Why?

Considering that the notary has no input as to the numbers or validity of the paperwork, what control does s/he have that might require a BC? True, the client’s personal information is available to that notary, but let’s flip the coin.

Does the hiring company have background checks on each of their employees? I would hazard to guess, no. Each of those employees receives pay for office work which does not entail travel to accomplish, but does include preparation of documents using the same information the notary receives. Further, those employees have the ability to manipulate the information provided by the borrower, i.e., income levels, names, etc., thus having some control over the funds. Those options are not available to the notary.

The notary is frequently the only person the signer sees, therefore able to be identified should there be any issue. The notary goes into the personal space of that signer, ostensibly a safe environment, but potentially not. The notary gets paid the least amount, and last.

The notary generally does not ask for a credit report (or require it be paid for by the hiring entity), before taking the assignment. The notary shoulders all the hazards of weather and other issues, yet we are the ones required to obtain (and pay for) background checks from specific providers of that service. What is done with those checks when the requesting company receives them? Again, I would guess—nothing. Probably put in a file to say, “Yes, we got one.”

Besides, having a background check only produces a snapshot of information available on a person at a particular point. If a person is considering nefarious activity, that won’t show up until after it is done and processed through the system. And no incompetence, ignorance or laziness of a notary doing the job they’re hired to do will show up in a background check.

So, to any lenders or SS who read this forum, please tell me why you “require” a notary background check.

Have Seal, Kan Travel! When you need a document notarized, I cover all of NE Oklahoma from I-35 to I-40 to the state borders. Call: 918-798-8908.
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