More and more, we, as a nation, are becoming ultra-concerned and extremely protective of personal data and personal information.

More and more, we, as a nation, are becoming ultra-concerned and extremely protective of personal data and personal information. Identity theft, depending on who you believe, is either running rampant in our country or not as prevalent as we have been led to believe. Still the “powers that be“ appear to be pushing for getting a handle on verifying the identity of all Notary Signing Agents. Some will see this as progress, while others tend to view it as a continuation of the Big Brother Syndrome.

In any event, for those who haven’t been updated, here’s what is transpiring now. Some lending institutions, banks, title companies and signing agencies are requesting that some of their “employees’ and “service personnel“ involved in the lending process undergo background screening and compliance training. Pretty much any individual that has access to the financial information of borrowers must submit to a background check. The “kicker“ here is that they also have to pay for it - more on that later! Notary Signing Agents fall right in the middle of that group. This sudden requirement is based on their loose interpretation of Gramm-Leach Bliley Financial Services Modernization Act.

While the members of CD&C Business & Legal Form Processing Services, LLC (“CD&C”) have yet to be required to provide certification, there have been such requests of some of our subcribers from various lending agencies and signing companies. However quite a few questions are emerging as to the sudden rush to have the certification done and as to whether it is necessary to do it. Also, the cost of doing this certification ranges anywhere from $9 to $150.

Based on our readings, the general consensus is that there needs to be a definitive ruling on whether or not the requirement was supposed to be applied to “contractors“ such as NSAs. When is it going to be a requirement for signing companies/title, escrow and various lenders to submit to background checks as required of the NSA to help prevent fraud?

Maybe, if there was a requirement, it would reduce non-payment to signing agents. It would be harder for a “Mr. Joe” to open shop for a few days, close shop and re-open under a different name; all the while refusing to pay NSAs. There should be a list/system where reputable companies are listed to help the NSA weed out the bad companies. The NSA will be put on a list/system where the title companies will only hire the NSA who have had the background check and are certified. No system is perfect, but it can help to reduce the NSA’s risks.

Why do NSAs have to pay for the background check? The title companies are requiring the background check, so why shouldn’t they pay for it? Can the NSA purchase the background check without certification? Are they willing to pay an increased fee for advance education now that we are certified? Another expense added and we are still being underpaid or not paid at all…

Until that can be established, we recommend that you think long and hard about forking over your money. And if it turns out that we actually do need to have our certification, then we should discuss all options so as to have the most cost efficient service available.

By CD&C Business & Legal Form Processing Services, LLC, http://www.cdcformsprocessing.com Leaders in business & legal forms processing and notary services. © 2007. All rights reserved.