Category: Notary News and Advice

We’ve all heard of Bitcoin and new cryptocurrencies.

We may not understand what bitcoin is, how it works, or why people would use it. But, we’ve heard of it. If we’ve been paying attention, we would know that everyone and their grandmother are creating their own crypto currencies.

Isn’t Bitcoin a Bit Shady?

In short, yes.

While there are many benefits to currencies like bitcoin, they are also used for nefarious reasons and to evade the law. The “anonymous” nature of the transactions allows, if not encourages it.

Also, the fluctuation of the currency is massive.

Why? Because the currency attracts a lot of the wrong people looking to clean their cash. Even worse, that same technology has attracted a lot of venture capitalists, who can use their massive investments to manipulate the prices and make themselves billions of dollars.

Look at it this way. Bitcoin is like the New York Stock Exchange without any rules. And large investors, often working together, use that to their advantage to manipulate bitcoin prices, making themselves millions and leaving others invested in the currency in the lurch.

What do Notaries Have to Do with Bitcoin?

Remember when we said people use bitcoin to skirt the law?

They are now using it to circumvent notary laws, avoid taxes and other legal responsibilities under the law.

Documents and transactions that are required to be notarized, are now being pushed through the bitcoin network, allowing users to make their industries the wild west once more.

Can I get a Current Example?

There is a shortage of coffee in the world right now, causing a crisis in the market, and sending prices for a cup of joe and other caffeinated products up.

But, is there really a crisis?

If you read the news, it is black and white. In reality, there is a whole bunch of gray there. The answer might just lie in how coffee is being traded.

Coffee producers are manipulating the market, using bitcoin as their weapon of choice, saving themselves money, evading notary law, and secretly filling orders that make it look like the market is short a whole bunch of coffee.

That is not to say definitively that there is not less coffee beans this season. As we said, there is a whole bunch of gray here. But, bitcoin and other cryptocurrencies are exacerbating the problem.

Small Farmers Start to Drive up Profits and Prices

Let’s start by saying we have no problems with small farmers. Most are paid a pittance of a wage for a job that is very rough on the body. So, seeing a situation where they make more money, how can we argue with that?

But, we do have a problem.

The coffee growers and their buyers are evading tax law, notarial law and regulations by selling in cryptocurrency. They make more money than if they went to market, and the buyer gets a better deal than on the open market.

Sounds like a Win-Win.

We love Win-Wins, except when the notaries are adversely affected or pushed out of the process.

Like we said the buyers and sellers are avoiding notary requirements. They are not just earning more for themselves, they are putting notaries out of business.

So, Would We Call That an Attack on Notaries?

Of course it is.

Notaries might just be caught in the crossfire now, but if current trends continue, notaries might just be pushed out of the process. What is now transparent will go dark, and eventually the public will suffer for it.

If allowed to continue this is going to affect a lot more than coffee beans. It very well could be a scourge across industries and push those who bring accountability to the market fewer opportunities.

And while that may be a good thing for bitcoin (inside bitcoin joke), it probably won’t be a good thing for notaries, whether they sign for individuals, large companies, or both.

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We were reviewing the blog and most of the recent stories have been downers, so we thought it was time to lighten the mood.

This story comes from our friends on our northern border, Canada.

So Who Is This Notary?

This notary is 33 year old Andrew Swidzinski. About a year ago he contracted a very rare disease, which has left him in really bad shape.

He was put on a ventilator for six months.

Despite the debilitating ordeal, Swidzinski has steadfastly remained engaged — from the confines of his hospital bed — in a feisty citizens-led movement to halt the demolition of the Pioneer bar and preserve the heritage of the iconic Pointe-Claire Village.

Montreal Gazette

One Brave and Relentless Notary

When Swidzinski was at his most dire, he still continued his activism.

Despite being partially paralyzed, nothing was going to stop him. He still was able to write a rousing letter, that his mother delivered at an appeal meeting. The speech was met with a standing ovation from people on both sides of the issue.

I wrote that with the one hand, when I didn’t have the ability to talk because there was a period where I was not able to talk or swallow,” Swidzinski recounted.

It took five hours because I could only write for so long.

Montreal Gazette

Despite still living in the hospital, Swidnzinki remains an ardent member of his activist group, SSPPC, where he remains vice president.

While the group told him to rest and focus on himself, Swidzinski refused, saying that this is his life calling, and he would see it through to the end.

The ordeal has lasted since last August and Swidzinski is concerned he will never be able to able to resume his notarial duties.

But, after all this, we wouldn’t bet against him. What a way to set him apart from the pack.

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Can one person really get multiple notary stamps under different names?

More to the point. Can someone who has DID (dissociative identity disorder), more commonly known as multiple personality disorder, have multiple notary stamps for their different personalities.

Is This a Joke?

Unfortunately, no.

Although, it is probably worse than a joke. Worse because it is being used as a defense to an alleged infraction.

If you’ve watched more than an episode or two of Law and Order, you realize that there are a lot of wacky defenses out there, even if the show itself is fiction.

And That is a Defense in Court?

They can try.

Maybe they do have multiple identities. Maybe they are just delusional. Or maybe they are just throwing stuff at the wall to see what sticks.

And how does one navigate between an actual disorder and the television portrayal that makes people misunderstand what the disorder really is?

Maybe the other personality goes on an extended vacation.

Why Would Someone Do This?

Corruption is a strong drug. Just like a problem gambler, every time you do it you get a rush. And soon you are shoulders deep chasing that original feeling.

And, so when your house of cards comes crashing down, you are more than willing to do whatever it takes to retain your previous lifestyle.

So, it This Legit?

We would not recommend trying it, okay?

And we fully expect the judge to toss it right out the door. There is no precedent for one person to obtain multiple notary commissions under multiple names, even under the extraordinary circumstances outlined so far.

Assuming the alleged is telling the truth (we don’t buy it).

Are There Further Implications?

Besides the part where someone is going to take a long vacation at taxpayer expense?

We would say maybe this is one condition that should be looked farther into.

With Seriousness.

Thankfully, it’s a one in a million possibility. But, if someone does have a second personality that takes over, or experiences lack of consciousness with no memory, should they be able to hold a stamp?

These people are not allowed to drive and many are subject to six month medical examinations if and when they do get their license.

The same rules apply to someone who has certain types of epilepsy.

So their career as a mobile notary is over. They would have to consider doing remote online signings.

Moreover, if someone can perform signings, but cannot remember doing so, and therefore cannot personally attest to the document’s provenance, should they be signing documents?

Again, thankfully this is the edge case of all edge cases. We are talking about something that wouldn’t impact more than a handful of notaries. The vast majority of people with this disorder are able to live full and happy lives.

Again, it’s not television and these are real people. It’s not up for us to decide (it never is).

But, we find questions where others see something unrelated. And saying you had multiple personalities that all wanted their own notary license, well most people see someone trying to game the system.

We see someone that allegedly took advantage of some of the most vulnerable among us. And has done so brazenly.

But, we also see past the story, to the question or questions that the story may raise. And that is, if a person has a bad case of one of a few disorders (very rare), is it proper to let them sign documents?

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A mobile notary service owner has been implicated in part of another set of homes being stolen right from under the owners.

Have to admit, this one hurts. Beyond what is in the news, we have verified the notary and the mobile notary service that they run.

This scam worked similarly to the one in Philly. That story has become a huge news story in the northeast, and you can check out our recent articles about Philly and the Philly Fiasco.

A Mobile Notary Service Owner?

Unfortunately, it appears so.

When asked what happened, [redacted] said they met [redacted] and [redacted] and agreed to sign the deed.

“I met these people in a parking lot, OK?” they said from their front porch.

For their part, they are saying that they were duped and are cooperating with the investigation.

But, if media reports and released questioning are to be believed, they knew full well what they were doing was illegal, and they did it anyway.

(Do not click the following links unless you want to see names.)

When asked what happened, [redacted] said (sic) they met [redacted] and [redacted] and agreed to sign the deed.
“I met these people in a parking lot, OK?” (sic) they said from (sic) their front porch.

Local 12

What Did They Say to Police About Their Actions

From what we can tell, their definition of being duped is definitely not ours. If the police transcripts are true (and we have no reason to believe they are not), they admitted to knowingly breaking the law.

A law that allowed at least five homes to be stolen from their owners.

Again, don’t click unless you want names.

Officer: You did violate the golden rule, which is you’re supposed to watch them sign it?
[Redacted]: Yep.
Officer: So, in other words, you said, ‘I’m not supposed to put a notary without them being here’?
[Redacted]: Right.

Local 12

It’s Not Just the One Notary

At least two other notaries are under investigation according to detectives working on the case.

Deeds they are alleged to sign have quite a bit more chutzpah, including an entire apartment building and a church.

So, Were the Notaries Duped?

Look, we always give benefit of the doubt to the notary. We don’t name names. Heck, in this article we didn’t even name the business, or the names of the non notaries alleged of the crime.

But, if media and police statements are correct, it becomes harder to sympathize.

How can you be duped when you admit knowingly committing fraud? When you meet your customers in a parking lot and all the signers are not there?

So, while we will continue to give the benefit of the doubt to the mobile notary and others, we have to say it is a bit harder to do in this circumstance than others we have covered.

That said, imagine if we named names on the notary originally accused in the aforementioned Philly scandal. The one who was completely exonerated a few weeks later.

That would have been wrong, and it would be wrong in this case as well, unless and until they plead out, are found guilty, or are exonerated.

(We still wouldn’t release names, unless a notary was slandered in public and then exonerated. In that case, if the notary approves, we may as a way to help the notary regain their good name.)

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The #PhillyFiasco has put the city in disarray, as three suspects have fled the United States, along with their profits.

To catch you up if you are out of the loop, at least 21 elderly and deceased home owners had their houses stolen from underneath them, in a brazen scheme targeting homes in neighborhoods that have seen the highest increase of values for homes.

Our previous article on the Philly Fiasco.

Update: The Philly Fiasco Follow Up – First Step to Stop Fraud

Forging Ahead

The Philly Fiasco started when fraudsters started forging and filing phony deeds transferring ownership of properties to themselves. They then tried to flip the property quickly before the family members of the victim found out.

Beyond that, investigators are looking at another set of sales, where the deeds were transferred between several names in quick succession.

It is thought that this ploy was used to both cover up the original crime, as well as fool title and mortgage companies.

As of this time, investigators have uncovered 21 homes stolen, and are looking into more transactions.

Notaries Not All in the Clear

The Philly prosecutors office has essentially stated that no charges are expected to be levied against notaries in the state of Pennsylvania.

In all but one of the transactions, the prosecutor’s office has said fake signatures and stamps were used to enable the transactions.

As a check on fraud, signatures on deeds must be verified by notaries. But prosecutors said that the notary signature and stamps were also forged.

Philly.com

But, prosecutors are looking at a notary for possible crimes. The kicker is they work at a US Embassy in Israel, and the signing may have been done after the accused fled the country.

This particular signing is said to have been an online signing. Even this late in the game, the fraudster knew how to perfectly use the system against victims.

They used the opportunity to exploit security weaknesses inherent in remote signings, avoiding having to ever have a proper photograph taken, as well as avoiding background checks.

So What Tropical Beach Are they Kicking Back at Now?

Investigators have not uncovered where the three foreign nationals have fled.

The accused are one Israeli and two Lithuanians who have stayed one step ahead of the system since April 2017.

For the prosecutors who filed the arrest warrants, they said they hope this prevents the suspects from ever returning to the country, and allow them to be arrested if they do.

In all, the alleged face over 200 criminal charges.

A fourth potential suspect is based in Germany. Investigators said this person may have transferred money between the three accused suspects.

Raising Questions

The #PhillyFiasco is painfully unfolding, fortunately exonerating any notaries stateside.

But, it raises some important questions that need to be answered.

From gaping holes in the system, to inherent security risks, to signings that occur overseas, it is something that needs to be addressed in a meaningful way.

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For those of us in the business during the big crash surely remember the robo-signing fiasco and the wider effect on the industry.

It’s a topic that has not been on the national radar for quite a few years.

So, we asked ourselves if it was still a thing that happens, and unfortunately it is.

What is Robo-Signing?

For the uninitiated among us, robo-signing is a fraudulent practice that was front and center nationally during the financial crisis last decade.

A single person would fake signatures and notarizations for hundreds or thousands of documents, trying to bring legitimacy to court cases stemming from the crisis.

Some of these would be back dated, or notarized “in the past”. Others were done for current dates. The problem being, none of these signings ever occurred (or could not be proven to occurred without the fraudulent documents).

These documents were then presented to the courts, as the large entities tried to, and mostly succeeded, to get over on smaller investors or home owners. Beyond this, differing state laws only intensified the mess.

Some states even viewed robo-signing as legal.

It was a terrible mess that many would call a scourge on the industry, even though it affected only a tiny minority of notaries.

Robo-Signing is Still a Thing

A law firm in Texas now faces charges that it robo-signed documents.

The kicker?

This law firm worked for the government and dealt with collecting taxes. And it is alleged they robo-signed hundreds of documents to try and collect taxes that were not owed.

This was millions of dollars in taxes.

You want another kicker?

Though this case only involves one city, this law firm works for dozens of cities performing the same tasks. So, what is a small and local story right now, may soon be a national nightmare.

Anything Else We Should Know?

Yes, robo-signing is bad. Real bad. But, we are sure you already know that.

Unfortunately, at the moment, this is a recent and quickly moving scandal. Right now the robo-signing portion of the scandal is mixed in with a bunch of other things that are alleged in the complaint.

But, we will keep our eyes on the case, and will let you know when more is known.

And hopefully, we can finally put robo-signing to bed once and for all (yeah, we feel like optimists today).

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A controversial bill involving potential notaries with felony convictions has been vetoed by Virginia Governor Ralph Northam.

The legislation was passed overwhelmingly in the Virginia General Assembly, including a unanimous vote in the state Senate.

What Would/Does the Bill Do?

The bill would bar people convicted of certain felonies from becoming notary publics in the state of Virginia.

The charges include, but are not limited to, fraud, robbery and bribery.

Northam announced the veto Friday, saying the legislation was “antithetical to the concept of restorative justice.”

Washington Post

Governor Under Fire

Virginia Governor Ralph Northam is embroiled in a scandal at the present moment.

That does not affect us, so there is no reason to go into detail. Just duckduckgo it if you are interested in details.

What is important is the strained relationship between the Governor and members of the Virginia Assembly. The Governor has vetoed multiple bills this session.

So, the Bill is Dead?

In short, no.

The Virginia General Assembly can still vote to override the Governor’s veto. The bill passed both houses with a huge majority, so they have the votes to override the Governor if they choose to do so.

They plan to meet next month to debate, and possibly vote on, overriding Governor Northam on several bills.

Overriding a veto is not as easy as it sounds, even with the original votes. Many in Northam’s party may have voted yes, but could vote no on the veto.

Why, you ask?

Overriding vetoes is seen to make the Governor, and by extension his political party, appear weak. That makes overriding the veto a more risky political move than it did on the original vote.

Image provided by Craig from Richmond, Virginia`, United States – Governor Ralph Northam Gives Inaugural Address, CC BY 2.0, Link

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Have you been looking to become a notary in Ohio?

If so, you might want to expedite the process, as notary fees are set to skyrocket this September.

State Set to Take Over

As we reported last year, Ohio notaries are are moving from being commissioned by the county they do business in. It is now moving to the Secretary of State’s office.

Sunshine tried to get more detailed information last year, but a lot of the new rules had not been written at the time, so while the state was helpful and responsive, they just did not have enough information at the time.

A lot of what will go into effect is said to cover the Secretary of State’s office’s expenses.

But, we wonder if the counties’ were taking a loss on notary certification, or if they are just more efficient than the state. Or, maybe the old fees are antiquated and had to be adjusted to meet current demands.

Anything But the Fees

The fee to become a notary is currently $15.

All that and more is going to change on September 20th.

Rate hikes, continued education and background checks run by the state are all on the horizon.

The registration fee will go from $15 to $150. While the renewal moves to $60. On top of that, a new background check will cost the notary an additional $22.

It is yet to be seen how this will affect the mobile notary.

Will the Ohio background check be accepted and replace current background checks? Or will the mobile notary have to get the state background check in addition to any they get now?

Renew Now if You Can!

If you renew before the new law takes effect, you will be grandfathered in.

You will fall under the current rules and regulations for five years.

Starkey (County court services coordinator Kelly Starkey) said those who renew their notary commission before the September deadline will be grandfathered in for five years and continue under existing law. She said once that five-year commission expires, however, they must follow the new laws.

Lancaster Eagle Gazette

What About Continuing Education?

If you remember our piece on Ohio Notaries from last year, our biggest concern was about educating notaries. And behind the scenes, we were trying to help the state with this process.

Unfortunately, the state still does not have rules regarding continuing education. We had hoped the state would be more pro-active in this area, but we are going to have to cross our fingers that they will finalize this soon.

We’re not sure if they see how important education is for notaries. And we are not just talking about continued education. There are several areas of education that we find important, and we talked about them in our article linked above.

If Ohio notaries are going to be responsible for new duties, they need those duties conveyed to them in a reasonable manner.

Any Other Good News?

Don’t we wish.

Like most of our business expenses, this is just going to have to be part of the cost of doing business. And at the end of the day, if you have a decent amount of volume for your notary business, the change in cost will probably pale in comparison to other business expenses.

The question would then be the time commitment needed to get current on the new rules and regulations.

If you are a current notary, renew now if you can. The same holds true to those looking to become a notary. Get yourself grandfathered in for the next five years. Let the new system play out before you have to become a part of it.

Attorneys should also look into becoming a notary before the new rules take effect.

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Update: See our latest article on the Philly Fiasco.

Update: The Philly Fiasco Follow Up – First Step to Stop Fraud

When I first saw this a couple of weeks ago, I could not believe the allegations in Philly. If true, it is shameful. Signing dead people’s homes over to others, and at huge profits.

It is literally the Shasta Signing on steroids.

How to Steal a House

Forge a bunch of documents.

And when people don’t find out until years later, sit back and enjoy the chaos.

The story starts with fake death certificates, deeds and fake wills, among other documents. Some of these documents are notarized. (more on that in a bit)

Then take advantage of the state of Pennsylvania’s security on records and make everything official. After that, sell the home for a giant payday, all at the expense of the real property owners.

There is a lot of mud being thrown around, about the specifics and other issues, and we are going to avoid those for now. But, if proven in court, this isn’t just shameful, it is heinous.

What About the Notary(ies)?

We always give the notary the benefit of the doubt. And they absolutely deserve it in this case.

Forged Deeds. Forged Wills. Forged Notary Stamps and Forged Signatures.

In recent days police seem to be leaning towards forged notary signatures, but came short of mentioning the stamp as well. This is probably because the police are not notaries and do not realize the importance the provenance of the stamp means to notaries.

but it is significant that the notaries’ signatures appear forged as well. The notary is the one person whom the government believes can authenticate an individual’s signature.

The Philly Inquirer

The article above explains in painful detail the many problems facing Philadelphia in addressing this crisis, including further regulations regarding notaries.

What if the Stamp was Legitimate?

In itself, it probably does not matter.

Does it matter if it is forged? Does it matter if it was stolen/borrowed, and a copy made? Does it really matter if there is some guy who runs a shop, with a back room, who sells forged stamps (just like the movies)?

The only way it would matter is if the notary is engaged in the act (conspiracy). There is no evidence this is what happened. We have been paying close attention to this story for a several weeks now so we can provide an informed opinion.

And that means taking the right amount of time to let key facts and any allegations come to light. And not rushing to judgment on people who now seem to be less related to the incident than was thought several weeks ago.

And, yes, there was a notary being thrown in the mud a few weeks ago, though we will not provide any links.

Where do We Go From Here?

How does this affect the notary, and the legality behind their signature?

The piece above offers a couple of problems in search of solutions, but at this moment, there is one thing a notary does that stands out.

Keep a clean log book.

And hope that future answers to today’s questions, are done in a smart and efficient manner that is fair to notaries.

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