I think it would be helpful if the notary is allowed to contest any infraction report, and the results of any hearing or procedure were published on the web. That way other notaries could see concrete examples of what is not allowed. Also, because infractions can be contested, the secretary of state’s office (or whoever runs the system) can’t just make stuff up according to their whims; they have to be able to defend their decisions by referring to binding laws and regulations.
By the time an infraction is reported, it will have already been derived from a court case and all courtroom rebuttal would already have taken place. Infractions have to be documented by court action. Here is an example: In Vancura vs Katris (Il,2011) case, wherein the notary notarized some real estate documents without the signer appearing, the initial ruling slapped Kinko’s FedEx with damages, but the appellate court reversed the decision and held the notary personally liable for all court fees and damages. This is serious business and the proposal is to help keep notaries out of trouble, not cause them extra work to be a notary. So the notary would have already had their chance at rebuttal or contest in court before the report. The retraining and testing is an attempt to help prevent a recurrence of ignoring notarial responsibilities.
As they say, the devil is in the details. Your response suggests the only way to make a complaint against a notary would be for a court to find against the notary in a civil case (alternatively, a criminal case) and wait for all the possibilities for appeal to be exhausted before retraining could be ordered. A notary losing three court cases in one year? Has that ever happened anywhere in the US since 1776?
If you had in mind that members of the public could complain directly to the Secretary of State’s office (or equivalent) then some way for the notary to dispute the claim should be available.
Why don’t we wait for this to pass, the rule making procedure will follow for Kansas notaries only. When all is ironed out, I will post the detail of how it all works. The details are not yet final. If you wish me to make up some details to continue this endless interrogative, I will need your email address and do it off this forum.
No further comment until details are finalized after passage. I have not suggested anything as to the only manner or multiple manners of complaints. Please wait. I can send you a copy of the SB-143 and my testimony if you wish but I will need your email address to do so. If this is not satisfactory to you I will simply cancel my membership on Notary Cafe, I’m offering information that apparently is not appreciated.
So the notary would have already had their chance at rebuttal OR contest in court before the report. This quote suggests in my earlier post of more than one method of which the devil in the details are a work in process. All reports in or out of the judicial process are OF COURSE always subject to rebuttal within a stated time frame.
The bill is easy enough to find. Doesn’t say anything about how the SOS would get reports, but does say the SOS must verify them.
The methods of reports submitted to them will have format determination when the online forms are fully developed, so right now we don’t know what exactly that will look like. They have a software developer that will implement what is determined to be an acceptable and appropriate format. As previously mentioned, the bill is submitted and subject to committee changes etc. My testimony is also submitted as 30 pages of hard copy and in PDF.
All bills submitted are subject to changes in committee and sometimes on the legislative floor, as well as future amendments etc. so its like designing it the best you can, and work out the details and bugs both before and after implementation. If you are not in Kansas, you could use this bill as a model for your state or write your own proposal if there is a perceived need.
I will now dissolve my membership here.
I agree with Marionfs, some questions just make no sense. I agree on the background check but the other exam no. then what is the sense in retaking the Notary exam every 4 years if you have to be re-certified every year along with the Background check??? So every year you have to take this exam and background check then come your renewal for your commision and you are tested again. I just don’t get it. uuugh
Does anyoe go back to college every year to get their Degree certified again? Huh !!
Many of these so called private certifications are JUST SCAMS at money making. If a client asks ,I just hit reply back with the above?They probably laugh at this comeback, coz, I get repeat business back from them.
The only thing I renew is my insurance and perhaps Background …
It costs $65 for the NNA Signing Agent Exam and Background screening, and that is what many companies require you to have. If you aren’t willing to spend $65 on your business in my opinion you are in the wrong line of work.
Is the exam stupid - YEP!
Is it basically just a “money maker” for the NNA - ABSOLUTELY!!
Is it dumb to require a new background screening every year - YOU BETCHA!!!
But like everything else in life sometimes you gotta do something you don’t like to get the results that you want / need. The NNA exam and background screening is really the only paid product(s) that I have had companies ask me for, so I definitely wouldn’t spend money on an exam or screening from any other company.
My largest client is a builder, I get over 75% of my business from them, and they don’t give a flying flip if I have passed the NNA Signing Agent Exam / been background screened / have E&O insurance etc. All they care about is the fact that I’ve done an EXCELLENT job for them for years, and they never have any problems with my signings. But some companies do require it, and to me it is worth spending a measly $65 bucks and spending 30 minutes taking a stupid test to make THOUSANDS more in a year. Heck, most folks spend more than $65 a month on coffee at Starbucks!
Anywhoo, just my opinion!! The great thing about being self employed is that you can do, or not do, whatever you like! 
6 Likes
Im in NY and need to recertify with the NNA. I was told my cost was $130 doesnt this seem high?
First, consider who told you to recertify with NNA. The State of New York certainly didn’t tell you that. If this is a requirement of a client that you want to keep, fine.
NNA offers several combinations. Just a background check and notary signing agent exam ran me $65 in December, but it can be higher in some jurisdictions where it’s more expensive to check the records needed for the background check. If you want the training course or membership in NNA it’s more.
1 Like
I was reading the form on Notary Café regarding information you have regarding the NNA test. If you don’t
mind I would love for you to send me the information regarding the test. My e-mail elverta720@gmail.com.
Thanking you in advance.
Hello,
you offered advise on testing and maybe some other insight into notary. Ive been a notary for the past 4 years (notarizing deeds to cemetary plots) it is about to expire. If you offer more tips on making a full career of this, it will be great, as I just resigned from my job and want to be my own boss.
Thank you
Paula
The NNA wants you to spend your money on their stupid test and the unnecessary annual background check which doesn’t help you any when they have been the source of getting the fees lowered to the point where it is hard to make a profit. The best thing to do here is contact your State and Federal legislative representatives to end this monopoly and to o away with the signing services altogether. They are not being subjected to the same vetting requirements as the notaries, yet they have access to the documents and people’s private information and should have to be vetted also. And it is not unreasonable for notaries to require that they provide proof of vetting. Write, email or call your representatives to start looking into regulating the signing services.
Most of companies I work for require NNA background check.
I just reveived 18 emails last week because my mine expires are the end of the month.
Don’t give incorrect information here, every state is different!!!
Nevada its EVERY YEAR…sorry but $65 is nothing…a half of a signing to stay in compliance…
1 Like
You do realize “Notary Signing Agent” and “certification” is not anything recognized by ANY state - the only thing regulated by your state are your notary regulations. The other stuff is a product of certain organizations selling their programs to signing services and title companies - convincing them THEIR training is the best and should be required…
Now, don’t get me wrong - I’m all for training. But to be required to be re-certified every year? Not required by “any” state as far as I know. No state that allows notaries to do loan signings recognizes any of this hoodoo. IMO if you have a background check from a reputable source it should be accepted industry-wide - instead of the “we only accept their’s” mentality. This fallacy is just as good as the company that requires their notaries to carry $500,000 E&O insurance…this simply shows a lack of understanding of how notary E&O works.
Also want to add here, as to this
“sorry but $65 is nothing…a half of a signing to stay in compliance…”
When companies are paying $40, $50, or $60 for signings and notaries are taking those low low fees - it’s more than half a signing. If you’re still consistently getting $125 per signing, consider yourself lucky. From what I’m hearing, things have tanked drastically in the last year and a half.