Loan Signing Agent and Notary Union Discussion

I have been closing Loans since 2009, I took a long break and started back up again, I am utterly disgusted on how the signing services low ball all notaries now, We all must take a stand and simply stop accepting assignments when fees are so low, Not only that, I get very upset when I make 100 for a refi and the Signing services charging 300, no way man…Another horrible act by signing agencies waiting more than 30 days quite literally 60 -90 days to pay is quite frankly criminal. We all must understand, these signing agencies are building their business off of the backs of ALL OF US!!! This must stop, and the only way to stop it is to stop accepting these low ball offers and stop undervaluing yourselves as Loan Signing Agents, Oh and stop bringing your kids to closings…Cheers…

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Kids to closings? :head_shaking_horizontally: Where they do that at? :woman_shrugging:

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Someone had posted several weeks ago they made their first error as a notary, and they took their child when a babysitter fell through. And since everyone wanted to beat the notary up about it and were having their insulting posts blocked right and left someone just HAD to get it in here.

Can only imagine the reactions to hearing about the notary who took her little dog to closings…in their own little “bag” (for lack of a better word) and none of the signers ever knew he was there…that one brought NotRot to its knees..lol

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Ohhhh…I see…well, those cases can be tricky. But, unfortunately as the notary, note to self, sometimes you have to take the L and pass it along. Kind of like one I had last week when we had torrential downpour and a notary was flooded out, she called me and asked if I could cover it for her as I was closer and she’d never make it. I appreciated the pass, but she knew she couldn’t do it. I graciously accepted and thanked her for thinking of me!

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How are you doing these days?

I was not referring to that at all, but now that you mention it, I feel the need to say, don’t accept the closing if you have the need bring a kid to closing, that is completely unprofessional and unacceptable, and Title companies will not ever hire you again if you do this..

@whatsupholmes :white_check_mark:

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:swan:

Well yeah. But I felt bad for the new notary who posted about taking her child because things fell apart before her appointment. She didn’t need to be told 35 times it was a big mistake. And now someone drags it to a different thread.

@peoplessigningservices Absolutely! :white_check_mark:

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:swan:

Hearding Cats = Notary Union (SB998), (AB5), and (AB2257).

Yes, notary signing agents are subject to California’s AB5 law, which requires companies to use the “ABC test” to determine if a worker is an independent contractor or an employee

. Unlike some other professional roles, notary signing agents were not specifically exempted from AB5 when it was amended by AB 2257.

For a notary signing agent to be classified as an independent contractor, the hiring company (such as a signing service or title company) must prove that the agent meets all three prongs of the ABC test:

  • (A) Absence of control: The agent is free from the hiring company’s control and direction while performing the work.
  • (B) Business outside the company’s usual course: The work performed by the agent is outside the usual course of the hiring company’s business.
  • (C) Customarily engaged in independent business: The agent is customarily engaged in an independently established trade or business of the same nature as the work being performed.

How the ABC test applies to notary signing agents

For notaries, the B and C prongs are the most challenging to pass when working for a hiring entity.

  • Prong A (Absence of control): This condition is generally met by most notary signing agents, as they typically set their own hours and work location.
  • Prong B (Outside the company’s business): This is where many notary signing agents run into issues. A signing service or title company’s primary business is managing and processing loan signings. An agent performing that work could be considered an employee because the work is “within the usual course” of the company’s business.
  • Prong C (Independent business): A notary signing agent must prove they have an established, independent business. This could include having a business license, advertising services to the public, and working with multiple clients.

Key takeaways for notary signing agents

  • **Mobile notaries vs. signing agents:**Notaries who only provide services directly to the general public (mobile notaries) are not affected by AB5’s employee classification rules in the same way. The law primarily applies to agents who contract with hiring companies to perform services for their customers.
  • The risk of misclassification: If a notary signing agent fails the ABC test, the hiring company could face significant penalties for misclassifying an employee as an independent contractor. This is why many hiring entities now require notaries to provide proof of an independent, established business to show they meet the C prong.
  • Need for self-promotion: To demonstrate an independently established business and satisfy the ABC test, notary signing agents should actively market their services and take on work directly from the public, in addition to working with signing services.
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