Notaries Urged To Avoid Work From ‘Suspicious’ Mortgage Rescue Firms

National Notary Now Issue #133

FTC: Some Companies Seeking Notaries To Give Appearance Of Legitimacy

Attorneys general across the nation are advising Notaries to avoid working for “suspicious” companies offering loan modification or rescue services for a fee. Notaries are increasingly being courted by unscrupulous firms to perform improper and even outright illegal acts related to “mortgage rescue,” “foreclosure relief” and “loan modification;” but these companies have come under intense scrutiny by federal and state authorities for driving a nationwide spike in fraud.

Banks have been working this year to modify loans to keep millions of families out of foreclosure. But many corrupt, third-party companies have emerged to exploit the surge in foreclosure relief efforts. These firms offer to “intercede” with a lender on a homeowner’s behalf for a hefty fee up-front — then disappear without helping, often leaving homeowners in worse straits than before. The problem is so pervasive that Melissa Weikel of the California Attorney General’s office said, “Notaries who accept work from any of these companies that charge fees for their services run the risk of potentially associating themselves with prosecutable actions.”

Notaries In The Middle
Notaries are reporting that many of the assignments from these firms do not involve notarization, and come with suspicious requests. Notaries, typically, are asked to collect the up-front fees from homeowners or other non-notarial tasks. William H. Gimbel, president of Vista National LLC, a firm that provides Notary services for the mortgage industry, is urging Notaries to stay away from any suspicious offer of work. If a loan modification company is taken to court, the Notary who collected the fee for the company also could be held culpable, he said.

Frank Dorman of the Federal Trade Commission (FTC) said some companies are seeking Notaries to give them the appearance of legitimacy. Notaries should follow the same precautions as consumers when approached by a loan modification firm, he said, encouraging Notaries to review information on the FTC’s Web site to help spot bad companies.

A Big Problem
Loan modification fraud has become so widespread that the FTC teamed up with authorities in 23 states this summer to initiate nearly 200 lawsuits against suspect companies. A number of states have also passed strict laws to deter loan modification fraud, and others are considering similar legislation. One of the most common elements in these laws is a ban on up-front fees. While many states permit exceptions for attorneys and licensed real estate professionals, California recently enacted an across-the-board ban on advance fees.

There are legitimate organizations helping borrowers. Tom Kelly of Chase Manhattan Bank — which has performed 200,000 loan modifications since the spring — said many lenders, including his bank, often provide the same kind of assistance to borrowers for free. He added that Chase often works with nonprofit agencies that don’t charge homeowners for help.

One of the most telling indications of the fraud problem came earlier this year when California Attorney General Jerry Brown ordered 386 loan modification companies in the state to post a $100,000 bond and register with his office. As of October 15, only one of the companies has complied, said Weikel, manager of the Attorney General’s Public Inquiry Unit.

Administrative Order: Foreclosure Mediation Petitions for Judicial Review

The Eighth Judicial District Court Chief Judge T. Arthur Ritchie, Jr. has issued an administrative order (AO-0913) regarding the hearing of petitions for judicial review in foreclosure mediation cases.

Contact us today to prepare a Request for Judicial Review in Foreclosure Mediation cases.

Notaries Directly Impacted By 'PASS ID Act'

National Notary Now Issue #129

In a move that will make IDs more trustworthy for Notaries who rely on them, the Obama administration is moving forward with plans to establish a uniform set of security standards for all government-issued IDs, making them harder to forge or alter.

The issue is of such grave concern that Secretary of Homeland Security Janet Napolitano recently told the Senate Committee on Homeland Security and Governmental Affairs that a national standard for issuing IDs is necessary because the current system is “too open to fraud.”

Driver’s licenses and other state-issued IDs are among the most common forms of identification Notaries encounter. The more secure and fraud-proof IDs are, the easier it will be for Notaries to verify that signers are who they say they are.

The key element of the Administration’s campaign to strengthen ID security is the new PASS ID Act, which recently was introduced in Congress and would replace the contentious REAL ID Act of 2005. Because many states chaffed at the cost of implementing the requirements of REAL ID, the new PASS ID proposal would keep many of the requirements but give states more flexibility in meeting them and shift much of the cost. While the administration’s plans remain in development, some of the new requirements could include:

• Information and security features integrated into each ID card
  
• More proof of an applicant’s identity and other personal information
  
• Systems to make sure a person does not hold multiple IDs from other states
  
• Security standards for issuing licenses and identification cards
  

Current Court Filing Fees

Effective August 1, 2009 the court filing fees for the Eighth Judicial District Court will increase.

Visit the Court Clerk's website for a list of current filing fees.

Thank you for continuing to make For the Record, LLC your #1 choice for document preparation service!

Do YOU have a Power of Attorney?

A Power of Attorney allows you to appoint a person or organization to handle your affairs while you're unavailable or unable to do so. This person or organization is referred to as an "attorney-in-fact" or "agent." There are several kinds of Powers of Attorney: general power of attorney, special power of attorney, health care power of attorney, and "durable" power of attorney.

A General Power of Attorney authorizes your agent to act on your behalf in a variety of different situations while a Special Power of Attorney authorizes your agent to act on your behalf in specific situations only. A Health Care Power of Attorney allows you to appoint someone to make health care decisions for you in the event you are incapacitated.

The general, special and health care powers of attorney can all be made "durable" by adding certain text. Durable means that the document will remain in effect or take effect if you become mentally incompetent.

In the event you need to revoke a Power of Attorney a Revocation of Power of Attorney allows you to revoke a power of attorney.

Contact us today for all your Power of Attorney preparation needs.

Court Mandated Parenting and Divorce Seminar

In divorce cases that involve children, the parties involved are required to take a court mandated parenting course. The 'Cope with Divorce' class is offered by Palo Verde Child and Family Services, a nonprofit organization. This class helps parents focus on the needs of their children to help overcome the difficulties of divorce.

Contact us today to get your divorce paperwork started today visit Palo Verde's website to see the date and times offered for the COPE seminar.

Travel Industry Calls On Notaries To Help Vacationers

National Notary Now Issue # 120 — April 2009

Many Americans, worried about their finances and jobs in the midst of recession, have put vacation plans on hold. But the travel industry — with the help of Notaries — is now offering special refunds to help vacationers who are laid off.

Jet Blue and Norwegian Cruise Lines recently introduced programs offering travelers money back if they lose their jobs. To recoup vacation cash, travelers must complete and return a notarized form no less than 14 days prior to the trip.

Both companies’ Web sites outline the details of their programs and the necessary forms, including the documents needing notarization.

It just goes to show that while financial markets remain gloomy, travel operators are offering a welcome ray of sunshine.

Contact us today for all your notary needs!

Residency requirements for filing a divorce in Nevada

The residency requirements of the state of Nevada allows one to obtain a divorce after residing in Nevada for only 6 weeks. To confirm this residency requirement, the Court requires a resident witness, someone who can verify you live in Nevada, to sign an affidavit attesting that you have resided in Nevada for at least the 6 weeks required by law. Once residency requirements are met, the parties involved can proceed with filing an uncontested or contested divorce.

Gov. Accused of Having Multiple Affairs

Court records unsealed earlier this month reveal that the Governor's wife is accusing Governor Jim Gibbons of having multiple affairs. The Governor is denying all accusations and states the women in question are only 'friends.' Last year, it was discovered that the Governor had sent one of the women over 800 text messages from his state-issued cell phone but, the Governor denies those messages were romantic. As the Governor's divorce moves forward, large amounts of media coverage is expected... especially if enraged ferrets are involved.

2009 Holidays in the Clark County Courts

NEW YEAR'S DAY - Thursday, January 1

MARTIN LUTHER KING JR.'S BIRTHDAY - Monday, January 19

PRESIDENTS' DAY - Monday, February 16

MEMORIAL DAY - Monday, May 25

INDEPENDENCE DAY, Friday, July 3

LABOR DAY - Monday, September 7

NEVADA DAY - Friday, October 30

VETERANS' DAY - Wednesday, November 11

THANKSGIVING DAY - Thursday, November 26

FAMILY DAY - Friday, November 27

CHRISTMAS DAY - Friday, December 25