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January 13, 2022

A notary gets sued, but E&O won’t help out!

Filed under: Business Tips,Drama & Tragedy,Legal Issues,Ninja Theme Articles — Tags: , — admin @ 9:19 am

This was originally published many years ago.

We had a notary public whose name will remain anonymous. I will not disclose her location either. But, she is being sued because a lender pulled a fast one on a borrower. The borrower is suing everyone connected to the loan. But, the borrower should know that the notary public has nothing to do with the loan, doesn’t know the lender, and doesn’t benefit from the loan other than to collect their small fee.

The story gets worse though. This notary’s E&O insurance policy wouldn’t help out with any of the legal expenses, or potential damages simply because they claim that the notary never made a clerical error which is true.

The notary public went to get legal counsel, and a neighbor / friend of the notary public offered to help at a discounted rate. But, the discounted estimate for the entire case was $30,000. It doesn’t make sense to me why a notary should pay $30,000 to defend themself from a false accusation.

In any case, we should pray for this notary public, so that she can get off the hook of being falsely accused. She did nothing wrong and shouldn’t suffer like this.

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July 12, 2021

1 Million E&O is common as of Dec, 2020

Filed under: Business Tips — admin @ 3:17 am

Every week I do my welcome calls to some of the new Notaries. I no longer have time to call them all, but I call many. More and more are getting 1 Million Errors & Omissions or 2 Million in E&O Insurance. It is a shock to my system.

I joked that one day there would be a 6 million dollar Notary that would be called — The Bionic Notary would could notarize twenty documents in three minutes flat including journal signatures and then jump over fences.

It is a lot less expensive to get high E&O limits these days and that is why it has become more popular. So, I might suggest upping your E&O if you have signed at least 1000 loans so the title companies will consider you more.

Just wanted to share the news.

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February 16, 2021

1 Million E&O vs. 25,000. How does that affect your popularity?

Filed under: Business Tips — admin @ 4:08 am

I analyzed click averages of many listings and found that if you have a lot of Errors and Omissions insurance, that will raise your click average. I only analyzed a few dozen listings, but found that those with 100K get about 5% more clicks than those with 25K E&O, and those with 1 Million get more, but there were too few to analyze and give a clear assessment of what the improvement was.

Some of the big title companies want a lot of insurance, but what they want is different from company to company and changes over time. It is kind of like me trying to explain to you what a cumulous cloud looks like in my area. By the time I describe it to you, it will have morphed again.

E&O is not really important, and is more of a fashion statement. I have never heard of anyone actually filing a claim on it. But, people hiring Notaries think you are more serious when you have more of it. So, if you are serious, or want to look serious, or at least act serious, or play someone serious on TV, then consider calling the NNA and upping your insurance.

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April 29, 2018

Do I need $1 million (E&O) insurance to get more Notary business?

Filed under: Marketing Articles,Other Guest Bloggers — Tags: , , , — admin @ 10:59 pm

Do I need $100,000 or $1 million in Errors & Omission (E&O) insurance to get more Notary business?
It is not uncommon for some companies to require that a Notary have more than the standard amount of E&O Insurance. There is no state mandated minimum for E&O unlike a Notary Bond where the law requires every Notary to file an official bond for $15,000 which is designed to pay limited claims against the Notary Public.

But please make no mistake. All Notaries must carry some form of E&O insurance to protect themselves from unintentional errors and omissions they make. Of course, E&O policies will not cover fraudulent acts or intentional errors. Without E&O Insurance, you will have to pay for the cost of the judgment or settlement and your own legal expenses. The financial impact can force a Notary to renounce his/her Notary commission and possibly even declare bankruptcy depending upon then severity of the error.

The high coverage of an E&O policy is based on the false perception that the companies would get a better class of Notary or that they are protected from any and all errors made by the Notary. This is farthest from the truth. I have more than 20 years of experience being a Notary and have never increased my E&O Insurance above the standard amount of $15,000/- primarily for 2 reasons. First, the number of companies requiring $100,000 or even $1 million in E&O Insurance are few and far between and the number of jobs that a Notary gets does not make up for the increased premium for the additional coverage. Second, the E&O policy only covers clerical errors and does not cover any fraudulent acts committed by the Notary. As a matter of practice, I double and sometimes triple check my work and am always cautious of the people who appear before me for a notarization. More importantly, I never do anything that even has the appearance of a scam or fraud. I have no intention of being someone’s boyfriend with no escape clause!!

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The 30 point course – beneficial interest and E&O Insurance
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Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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April 22, 2015

Point (28-30) Beneficial Interest; Negligence; E&O;

Filed under: (2) Technical and Legal — Tags: — admin @ 10:53 pm

Marcy had to go back to the hospital to notarize Esmerelda, the old lady who could barely talk. Her family assured Marcy that it would be okay this time. Marcy wanted her travel fee in cash at the door. She explained that if the signer was not fit to be notarized, she would legally have to decline notarization, but didn’t want to have any issue getting her travel fee should she decline. A month back, she drove an hour to a jail, waited for another hour only to be told that the inmate had been moved. The client who met her there didn’t want to pay a travel fee because Marcy “didn’t do anything.” Additionally, Marcy would have a beneficial interest in getting the document signed if she didn’t collect her travel fee at the door. She would want it to be signed so she could collect her $30. In any case, they paid Marcy her travel fee. Esmerelda was able to communicate and actually did understand the document. She summarized it. Marcy was able to do the Signature by X procedure and get her notarized that evening.

An hour after the hospital notarization, Marcy had a loan signing. At the signing, the borrower asked about the pre-payment penalty. Marcy found it in a snap since she had been studying what information is in what document (like all good Notaries should.) But, Marcy started to read the pre-payment penalty to the borrower and even explain what the terms of that part of the agreement meant. Marcy had overstepped her bounds. She knew she couldn’t give legal advice, but she wasn’t aware that explaining a prepayment penalty could be construed as legal advice. Luckily for Marcy, the Lender gave her a quick lecture on not giving legal advice, and Marcy was very careful from that moment onwards.

After Marcy’s two jobs, she came home only to find Patricia waiting for her on the front porch. Patricia had something urgent to tell her. One of Patricia’s other friends who was a Notary was getting sued, and her E&O insurance wouldn’t help. Marcy asked why. Patricia said that the error was not a Notary error, and that E&O only insures you against Notary errors or omissions. It was the Lender who made an error, and the borrower was suing everyone in sight. Even the Notary who had nothing to do with it. It would have cost this Notary $30,000 in legal fees to defend herself from this angry borrower. Then Patricia told Marcy what a Hold Harmless Agreement is. The Lender has their documents, but if you make the borrower sign a Hold Harmless, that can prevent them from suing the Notary as they agree not to hold the Notary responsible should anything go wrong with their loan. Patricia was a great source of knowledge tonight. So, Marcy consulted an Attorney and got a quick Hold Harmless Agreement written out, and she kept a stack of them in her car so she would be sure to have one for every loan signing form that day forward. She didn’t want to end up like that other Notary! Good God!

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Point (28) Beneficial Interest
It is illegal to notarize a document that you have a Beneficial Interest in. But, what constitutes Beneficial Interest? If you or a close family member is named in the document as someone who will receive money, or privileges, then you could be said to have Beneficial Interest. If you would gain in any way from the document being signed, you have Beneficial Interest.

One interesting twist on this concept is that Notaries who get a travel fee don’t always collect the fee in advance. If you are in front of the signer who doesn’t have proper ID, and they ask you to notarize them anyway or you won’t get your travel fee, then you have Beneficial Interest. You won’t get your $35 if you don’t comply with their illegal requests. As a Notary, you are expected to uphold the law, and if your travel fee rests on you bending the law for someone, you are not only encouraging yourself to do something questionable, but you have Beneficial Interest in the document being signed which is purely illegal.

Financial Interest means that you will benefit financially from a document being signed, while Beneficial Interest means that you will benefit in one way or the other — perhaps financially, or perhaps in some other way.

Point (29) Negligence
What constitutes Notary negligence?

Failure to administer an Oath
Failure to take a thumbprint in your journal for a deed or Power of Attorney
Failure to identify the signers
Failure to inspect signatures
Failure to make sure signer signs in front of you for a Jurat
Failure to completely fill out a journal entry

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Point (30) E&O insurance

Many companies want to hire Notaries with E&O insurance. It makes the Notary look more professional and covered. In real life, it protects you only from honest mistakes on notarizations. Most of what you are doing involves overseeing large business deals that get sent back to the lender via courier. Most of the problems you could encounter might include signing the wrong way (even though it might be notarized correctly), getting documents back late, a missing bank check, cross-outs, no-shows, or other mistakes. Notary errors on notarized documents might account only for 25% of the problems that occur in signings that could lead to damages.

If the Lender makes a mistake that causes the borrower damages, you could get sued, and E&O will not cover you since YOU were not the one who made a mistake AND because it is not a Notary mistake. One of our Notaries dropped out because she got sued for more than $100,000, because of some fraud that the Lender was accused of committing. The borrower was so angry that they want to sue everyone in sight regardless of fault. Unbelievable!
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Additionally, in 2013 Notaries who had enormous E&O packages were being sued on a regular basis. You are like a guy in a Mercedes driving around a slum. You have the word “Target” written on your forehead and taped to your back. Sooner or later you will get mugged. Think like a Ninja. You don’t get mugged — you mug THEM!

My advice is to think carefully before investing in a handsome E&O package. If it will land you a good account with Chicago Title, then do it. Otherwise, it might make sense to have a smaller E&O premium and have all of your borrowers, Lenders and signing companies sign a HOLD HARMLESS agreement. The agreement should be drafted by an Attorney and could state that if there are any damages by negligence or omissions by the Notary, that you (the Borrower or Signer) will not hold the Notary responsible.

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Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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April 30, 2013

Help, I’m being sued, and E&O won’t help

Filed under: Business Tips,Loan Signing 101,Ninja Theme Articles,Notary Mistakes,Popular on Twitter 2013,Popular Overall — Tags: , , , , , , — admin @ 2:37 am

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

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January 13, 2011

E&O insurance: where do I get it & how much do I get?

Filed under: Business Tips,Technical & Legal — Tags: , , — admin @ 7:31 am

Everybody is getting E&O insurance these days. Ironically, the only notaries who I have heard about having claims on their policies are the ones who went overboard and got a million dollars of coverage just for show which turned them into a target. But, on a brighter note, you need E&O in order to get hired. Yes, it is more of a fashion show than something you actually need, but the fact that signing companies don’t take you seriously if you don’t have it makes it a necessity. The question is — how much & who do you get it from?

Lots of vendors sell E&O insurance.
Notary Rotary sells it. NNA offers one stop shopping for notaries including E&O. One notary claims that Merchant Bonding offers the best rate on E&O. One notary said that Traveler’s charged him only $170 for 100K for four years which is excellent as others charged $265 for the same coverage. It seems that companies that cater exclusively to notaries do not always have the best rates on insurance, although the convenience of one stop shopping makes it worth while to pay a little more.

How much should you get?
The quantity of your E&O depends on who you are trying to impress. If you just do signings for signing companies, perhaps 25K is enough. If you are full-time and want to appear professional, it is better to have 100K rather than claiming in your notes section to be professional. Don’t say it — show it! If you want to work on the white glove list for major Title companies, then 500K or a million might be in order. I don’t know what that costs, but if you are getting paid big bucks regularly, then whatever they charge is probably worth it.

If you want to comment on this blog entry: let us know where you buy your E&O and what it costs!

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http://blog.123notary.com/?p=3570

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November 4, 2021

Notary on 123notary gets his notes professionally written

Filed under: Your Notes Section — admin @ 8:07 am

One of our most serious notaries on our site got his profile notes written by an advertising expert. The expert did a good job, except for a few things.

It is easier to read designations such as certifications, E&O insurance, etc., if written in bullet point format. It is also good to have a long list of packages you are familiar with.

I might not be an expert at notes writing, but I know what content needs to be there. Nice cozy text is attractive to read, but nothing beats cold hard facts, and warm fuzzy information about yourself.

So, yes, have your notes professionally written if you can afford it. But, make sure they understand the basic content that has to be there, because if they are not in our industry, they might not know. Or if they are in our industry, they still might not know. That is why I exist — to keep the record straight and to avoid omitting critical information.

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April 28, 2021

Tips for getting more assignments as a new Notary

Filed under: Advertising — admin @ 9:50 am

Here are a few tips for the new folks to get more business.

1. Take jobs that others won’t.
Most Notaries are picky. They want the best jobs for the highest price from the nicest companies. If you are trying to develop a reputation and get signings under your belt, do the opposite! Take signings that are far away, pay little, involve a lot of fax backs, or sound difficult. You have to get your foot in the door.

2. Advertise on all the major portals and directories
Snapdocs, 123notary, Notary Rotary, Notary Cafe, and others

3. Advertise in more counties on 123notary
We don’t even charge for this. Once you are listed you can have up to 12 counties, and sometimes we can accommodate for more. If the database cannot accommodate them on one listing, we can create additional listings which generally is not free, but for an affordable cost if you want a larger net.

4. Call all signing companies in the nation that are doing a lot of business. Talk to all title companies within 90 minutes of you as well. If they need pick up and delivery, you might be their person.

5. Having mobile equipment helps
Mobile printing, scanning, faxing really helps. But, if your equipment is at home, make sure to have a dual tray printer, a reliable scanner, fax, and whatever else your clients say they need.

6. Network
Get listed with your local chamber of commerce, let local hospitals, Attorneys, nursing homes, airports, jails, bail bonds people and Real Estate brokers know you are in business. Often they have their own Notaries, but people get sick, quit, or won’t notarize due to conflict of interest.

7. 25K E&O Insurance
This is the minimum, but some people get up to a million to let people know they are serious. An absolute beginner should probably stick to 25 or 100K. But, you an upgrade if you start getting title work because the title companies want more.

8. Let everyone know you are a Notary
People often need a Notary and it is handy if one lives nearby who people know. Mention you are a Notary on your Facebook page, Twitter, at networking events, to your neighbors, the local stores, and anyone else you can think of.

9. One certification is good, but…
It is good to be “certified”, but having three or four certifications lets people know you are three or four times as serious as the others.

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April 20, 2021

Last minute notary questions? Who do you call?

Filed under: Business Tips — admin @ 8:13 am

I have to keep reading online to see what is going on in the industry. When I was a Notary (young man) the NNA had a great hotline. I am not sure if they kept it continuously, but they still have it now.

They are great at answering state specific technical questions and train their staff well. Go to the NNA’s website and find out what their number is. Additionally, NNA is a great place to buy E&O Insurance, stamps, bonds, journals (my favorite source) and certificate pads. Yes, it is one stop shopping.

So, now you know who to call, and it is not Ghostbusters. It’s the NNA hotline!

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