If a notary, who’s a member of a Notary association, can be held accountable civil court for failing to adhere to industry acceptable practice standards.
I believe they could be held liable; if you’re going to put yourself out there as being qualified to handle closings/loan signings, you’d better be sure you know what is required, HOW it’s required and you adhere to the laws behind these regulations. (the “you” being the universal “you”, not you personally)`
Especially in the case of a refinance subject to rescission - failure to provide the proper number of notices is a RESPA violation and can result in extension of that rescission period from 3 days to 3 years. It can also mean extensive monetary damages to the borrower and lender - and if caused by the notary, the notary could be held liable. And standard E&O doesn’t cover this.
Which is why I keep harping on the fact that folks wanting to jump into the deep end of the pool in this business need to know their stuff first - know their notary laws cold, know real estate requirements in their respective states AND know the ins and outs of a loan package. It’s nothing to trivialize.
JMO
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Keep the faith. It’s coming. Done stop…
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Emailing copies of the documents are not allowed so are you referring to emailing the low ball companies to explain inflation costs?
You’re right lol. I wrote that a long time ago, but after I did I started reading the confirmations and it explicitly says you’re required to print out a second copy. I’ve never emailed a copy, but it sounded good in theory.
More and more, my borrowers are requesting a flash drive for their “keep” set of documents. Here’s what I do: I print hard copies of the CD, note, deed of trust and right to rescind and usually the ALTA estimate. Then I drag and drop a full and complete set of docs on a flash drive and test it to be sure it’s all there. I give all of it to the client.
Am I in violation of some ancient maxim that effectively says, “Notaries must give the borrowers paper duplicates of stuff they’ll never read and will probably throw out once the loan is funded”?
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In my direct experience, it’s completely (and totally) within the purview & responsibility of the Title/Escrow Company(ies) [T/EC] to make the determination to provide (or not) an electronic copy of the Signers document package.
Industry Standard is to print two full sets of documents for the Signers.
Specifically, often instructions from T/ECs clearly identify that if the Signers request an electronic copy of their document package that they are to reach out directly to the T/EC.
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Yes,you are in violation of the current rules-of-the-road (unless you are instructed to only print one copy for signing). Are YOU offering signers the option when you call to confirm Appt? Even if they request it, unprompted by you, on a flashdrive, I’m unaware of any co. that allows you to do so. They usually insist you or signers request & TC will provide it via encrypted e-mail attachment (I guess). It ain’t that ancient as NSAs only been around about 30 years.
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Bummer. I guess I print regardless. Seems wasteful and time consuming to me but, hey, I’m a newbie, what do I know. 
Check out the “T’was the Night Before Closing” in Story Time.