TERMS AND CONDITIONS OF INDEPENDENT CONTRACTOR AGREEMENT
Welcome to One Stop Notary Shop. You must agree to the following Terms and Conditions of this independent contractor agreement ("Agreement") before receiving mobile notary dispatch orders from One Stop Notary Shop, and before using the One Stop Notary Shop website ("Site"). By using our Services or indicating your agreement on the notary registration web page, you are agreeing to become bound by these terms of our Service. This is a legally binding agreement. If you do not agree with these terms, you should not use the One Stop Notary Shop website, you may not receive mobile notary dispatch orders from One Stop Notary Shop, you may not perform any work for One Stop Notary Shop ("Services"), and you should request termination of any account you may have with One Stop Notary Shop.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the services provided by or through the Site or otherwise through One Stop Notary Shop, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
1. One Stop Notary Shop Services. One Stop Notary Shop is a nation-wide traveling notary network. We are currently in 50 states and have well over 40,000 signers who provide fast, professional, and courteous service to homeowners in the process of financing properties.
2. Engagement. One Stop Notary Shop hereby engages you, and you hereby accept such engagement, subject to the terms and conditions set forth in this Agreement, to perform mobile notary signing services on behalf of and for One Stop Notary Shop (the "Services").
3. Compensation.
a. In consideration of your performance of the Services as provided herein, One Stop Notary Shop agrees to pay you the amount specified and arranged at the time of accepting the order from One Stop Notary Shop.
b. If a particular signing requires you to make more than one trip, you will be paid per trip; however, any additional trips MUST be authorized by a One Stop Notary Shop representative, or you will not be compensated for such additional trip.
c. One Stop Notary Shop will process payment within 30 days of the signing. We pay via eCheck and these checks will be emailed to you from [email protected].
Checks are made payable to the name on your SnapDocs profile (if you have a business name entered, checks will be made payable to the business name, if you don't want it written to the business name, that must be removed from your profile, this is found where you add in your W9. Our accounting links directly with SnapDocs, so an email or comment left will not change the name. If you request the check to be made payable to another name after the fact, $3 will be deducted for the cost of the reissued check.)
d. In the event of a no-sign or borrower no-show, you will be paid 1/2 the original signing fee for print/trip. Print only will be paid up to $15. You must call One Stop Notary Shop from the table or send an email to [email protected] if you do not get an answer, for payment to be made. If there is a reschedule, you will be the first to be contacted for the resign.
4. Expenses. One Stop Notary Shop shall not be responsible for any expenses you accrue in performing the Services. You shall be responsible for payment of all your business expenses, and all taxes and license fees assessed by any governmental unit in order for you to perform the Services hereunder, and you shall be responsible for payment of all dues to any professional organization of which you are a member.
5. Term and Termination.
a. This Agreement shall be effective and shall remain in full force and effect for a period of one (1) year, unless earlier terminated as provided herein. After the initial term, if the Agreement has not been terminated, the Agreement shall automatically renew for consecutive one-year terms.
b. Either party may terminate this Agreement at any time with written notice to the other party. Furthermore, One Stop Notary Shop may terminate this Agreement at any time, for any reason or for no reason, by sending you notice of such termination.
d. Upon termination or expiration of your engagement with One Stop Notary Shop for any reason, you shall immediately return to the One Stop Notary Shop all documents, promotional materials, property and other records of One Stop Notary Shop, and all copies thereof, within your possession, custody or control.
6. Your Responsibilities and as a Notary for One Stop Notary Shop, and Your Warranties to One Stop Notary Shop.
a) You are responsible for the use of your account by anyone using your account. You are responsible for insuring that any user of your account fully complies with the Terms & Conditions of this Service.
b) You must be eighteen (18) years of age to use the service, and by agreeing to these terms and using there Service you hereby represent and warrant that you are at least eighteen years of age.
c) You hereby warrant that you are a certified notary under the state of where you will be performing signings, that comply with the minimum bond requirements of your state.
d) You must act and dress in a professional manner at all times. Unprofessional attire and attitude will not be tolerated, as quality control checks are often implemented. Unacceptable conduct and inadequate service may result in the termination of this Agreement.
e) You agree to act only as a notary under this Agreement and not to give legal advice to customers. You acknowledge that you are there only to "witness" the signatures of the signers.
f) You understand that One Stop Notary Shop is the only institution from which you will receive payment. All questions regarding your fees and invoicing are not to be directed to the customers (i.e. the borrowers, loan representatives, lenders, etc.).
g) You agree to make your appointments on the day required by the lender and follow One Stop Notary Shop's notary guidelines (our instructions as well as the rules that are included in every set of loan documents), which are incorporated herein by reference.
h) You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the One Stop Notary Shop website.
i) You agree to inform One Stop Notary Shop of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D., or password. Until One Stop Notary Shop is notified, by electronic or conventional mail of a breach of security, you will remain liable for any unauthorized use of your One Stop Notary Shop account.
j) You agree to use One Stop Notary Shop Services in a manner consistent with any and all applicable laws and regulations. You also agree not to use the Service to violate any rule or regulation at any educational institution.
k) You acknowledge that under no circumstances will you upload any viruses, ActiveX or Java installers, or Internet Explorer Exploits onto the Site.
l) You hereby agree that you will not delegate your responsibilities under this agreement to another person, under any circumstances. This agreement is not assignable in any way.
m) If you violate the restrictions in these Terms & Conditions of Service, you agree to indemnify One Stop Notary Shop for any losses, costs, or damages, including reasonable attorneys fees incurred by One Stop Notary Shop and relating to, or arising out of such a breach. You, not One Stop Notary Shop, are responsible for your behavior on the One Stop Notary Shop website and at signings facilitated by One Stop Notary Shop.
n) YOU UNDERSTAND AND ACKNOWLEDGE THAT One Stop Notary Shop DOES NOT SCREEN CUSTOMERS IN ANY WAY. YOU UNDERSTAND THAT One Stop Notary Shop SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE SERVICES RENDERED TO CUSTOMERS THROUGH THE One Stop Notary Shop SERVICE.
4. Independent Contractor. You agree that you shall act as an independent contractor in the performance of your services hereunder. Nothing in this Agreement is intended nor shall it be construed to constitute you as a partner, employee or agent of One Stop Notary Shop or you being in a joint venture relationship with One Stop Notary Shop, and neither you nor One Stop Notary Shop shall have any authority whatsoever to bind the other in any manner. You warrant that you will not hold yourself out to be or represent to anyone that you are an employee of One Stop Notary Shop, or that your relationship to One Stop Notary Shop is other than that of an independent contractor. You agree to indemnify and hold One Stop Notary Shop harmless from any and all liability arising out of or with respect to any representation or promise made by you which bind One Stop Notary Shop or any agreement entered into by you on behalf of One Stop Notary Shop. You shall be and agree to be solely responsible for the payment or withholding of any and all income, employment, FICA, unemployment insurance, social security or other payroll taxes, state disability and any other payroll deductions required to be paid or withheld with respect to your compensation, as well as any insurance you may choose to carry. You acknowledge that as an independent contractor you are not entitled nor will One Stop Notary Shop make available to you any of the benefits afforded to employees of One Stop Notary Shop. You agree to indemnify and hold One Stop Notary Shop harmless from any and all liability arising out of or with respect to such payments, withholdings and benefits, if any. You hereby agree to maintain workman's compensation insurance in accordance with applicable state and federal laws when employing other employees. In addition, you shall maintain comprehensive general and vehicular insurance for claims of damages of bodily injury (including death) and property damage caused by or arising out of acts or omissions of your employees. You further understand the following:
a. That One Stop Notary Shop will provide no training to you whatsoever;
b. One Stop Notary Shop will not reimburse you for any expenses you incur in performing the Services;
c. You are free to perform notary tasks for others outside of your obligations to One Stop Notary Shop (i.e. there is no "exclusivity agreement" between you and One Stop Notary Shop); and
d. If you earn over $600 per year, or any future minimum amount dictated by the IRS, then One Stop Notary Shop will issue you a form 1099-MISC and report such income to the IRS.
5. Copyright & License. The content, HTML, Flash files, databases, web scripts, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
7. Trademarks. "One Stop Notary Shop" and "One Stop Notary Shop" are either trademarks or registered trademarks of One Stop Notary Shop, LLC.
8. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement, your use of the Site, your performance of the Services, or the relationship between you and any customer or client of One Stop Notary Shop.
9. Nontransferable. Your right to perform the Services and use the Site is not transferable. Furthermore, any password or right given to you to obtain information or documents is not transferable.
10. Disclaimer and Limits. THE SITE AND INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "IS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR LIABILITY ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND CUSTOMERS OF One Stop Notary Shop. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE, SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE One Stop Notary Shop FORMS OR DOCUMENTS ARE DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES THAT One Stop Notary Shop HAS PAID YOU FOR YOUR SERVICES OVER THE COURSE OF THE TERM.
11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
12. Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or the Services (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.
If any controversy or dispute arising from or relating to this Agreement, the Site or the Services, even if arising after termination of this Agreement, cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the American Arbitration Association ("AAA") in San Francisco, California, in accordance with the AAA's then-existing Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between you and One Stop Notary Shop, and will survive termination of our relationship and this Agreement. You acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions. If for any reason this foregoing mandatory arbitration provision is invalid or unenforceable, then all legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
Should any part of this overall Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
For WFG orders:
1 Purpose of the WFG In-Person Notary Public and Signing Services Policy and Procedures
The purpose of this policy is to provide a comprehensive understanding of notarial
principles, standards and procedures when performing a notarial act as well as the guiding
principles and signing responsibilities for in-person closings performed by internal and
external notaries public and mobile notaries (sometimes referred to in this Policy
collectively as “Signing Specialists”). Included in this policy are the new requirements
imposed on all Signing Specialists that are hired on behalf of WFG and WFG Lender
Services.
2 Applicability Statement
This Policy and Procedures applies to Williston Financial Group LLC and all of its
subsidiaries, and external signing specialists that are hired by WFG and its subsidiaries.
3 Steps Required for the Performance of Notarial Acts and Signing Services
3.1 A Signing Specialist must be a disinterested third party to the transaction in which
he/she is notarizing. WFG requires that all internal and external Signing Specialists that
hold a notary public license/appointment do not notarize or conduct any signing
services for any family member’s documents to a transaction that is being insured or
closed by WFG or any affiliate. The Signing Specialist may not provide signing services
for a transaction in which he/she is a family member/close relative of any loan officer, real
estate agent, mortgage broker, settlement services provider, or prior WFG employee
that was terminated for cause. Family member/close relative includes the Signing
Specialist’s spouse, domestic partner, parent, grandparent, sibling, child, stepchild,
stepsibling, stepparent, step-grandparent, step-grandchild or in-law. The Signing
Specialist must refrain from performing signing services in any transaction that would
raise the appearance of or the potential for a conflict of interest.
3.2 The Signing Specialist’s primary responsibility is to ensure that the person signing a
document has a full understanding of its contents and is not signing the document
under duress or the influence of alcohol/drugs, and that the document is being executed
by an authorized person.
3.3 A Signing Specialist must always require that the signer personally appear physically in
the presence of the Signing Specialist and in the same room, close enough to be able to
see, hear and speak to each other. A Signing Specialist may not perform any notarial act
when the individual whose signature is being notarized does not personally appear
before them at the time of the placement of the signature on the document. A Signing
Specialist also may not:
3.3.1 Rely on the statement of another person that the signature on the document is
that of the purported signer;
3.3.2 Perform a notarial act by telephone, email, teleconference, or any other
telecommunication; or
3.3.3 Rely on the Signing Specialist’s own familiarity with the signature.
3.4 A Signing Specialist must always review the document being presented for notarization
to ensure that the document is complete and does not contain blank spaces or
incomplete information. The document also needs to contain a pre-printed notarial
certificate. The Signing Specialist must ensure that his/her handwriting and notary seal
on the closing documents are legible and photographically reproducible, that all closing
documents are properly completed, signed and notarized with all stipulations being
acknowledged before adjourning the signing appointment, and deliver the package of
closing documents to the closing settlement agent or lender pursuant to their
instructions.
3.5 Signing Specialists must maintain notary journals/logs which contain any statemandated information. Even in states where such a journal is not required, WFG does
require the use of a journal/log that includes, at a minimum:
‒ Date
‒ Description of the document being notarized
‒ Printed name of the signer
‒ Type of identification produced. Some states allow or even require that the notary take
a fingerprint from the signer. Fingerprints are only required by WFG if required by
applicable state law.
‒ Signer must sign the Signing Specialist’s journal. This is confirmation that the signer
was in the Signing Specialist’s presence and signed the journal at the time of the
notarization.
Never leave the notary journal/log in a location that can be seen by others, as it may
contain non-public information. A notary journal/log is the best defense a Signing
Specialist has against accusations of notary misconduct and liability. The journal/log
should be tamper-proof and permanently bound with the pages consecutively
numbered. Do not share or use the same journal/log for multiple Signing Specialists in
the office. Each Signing Specialist should maintain his/her own journal. In some states
the journal/log is considered public record and the public has the right to inspect it. In
other states a Signing Specialist’s journal/log is considered confidential. Regardless, the
Signing Specialist should exercise reasonable care to safeguard the journal from loss,
destruction, or theft and keep it in a locked drawer when not in use. Once a journal/log
has been completely filled, it should be stored in a safe place, whether at home or on
company property.
3.6 Signing Specialists must have their notary materials available when performing a
notarial act. The entire act, including the affixing of the Signing Specialist’s seal or stamp
and the completion of the journal/log entry, should be completed in the presence of the
signer.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 6 of 44
3.7 Verifying the Identity of the Signer:
3.7.1 The most common type of identification a Signer will present a Signing Specialist
is a current driver’s license or other state-issued identification card. Each state
has different standards for the type of identification that is acceptable. Consult
state authorities for a list of acceptable forms of identification. Almost always, the
identification must be government-issued, non-expired and contain the
photograph of the signer. In most cases, documents such as state driver licenses
and identification cards, current U.S. Passports, and Resident Alien ID cards or
“green cards”, issued by the Immigration and Naturalization Service are
acceptable. Some states also have provisions that allow foreign driver licenses or
passports to be acceptable for notarization purposes.
3.7.2 In the event a lender requires a copy of the identification to be returned with the
lender’s package, the notary is instructed to request a photo copy of the
consumer’s identification as well as the physical identification be brought with
them to the closing.
3.7.3 When taking an acknowledgment, the Signing Specialist must ascertain from
ordinary conversation with the signer that the individual is alert, competent, not
under the influence of alcohol, drugs or duress and seems to have a full
understanding of the contents of the documents. The Signing Specialist is not
required to be a medical expert, but a common sense determination as to the
signer’s competency is necessary to ensure that the signer is signing voluntarily.
If the signer appears frightened and there are other people in the room, ask all
third parties to leave so the Signing Specialist can question the signer in private
without others’ influence. Start by asking the signer, “Do you acknowledge that
you have executed this document voluntarily with full understanding of its
contents?” Once the person answers affirmatively, the notarial act is completed.
3.8 Completing the Notarial Certificate
3.8.1 Each state has different requirements for the exact wording of a notarial
certificate and the requirements differ for an acknowledgement and a jurat. (An
acknowledgment involves witnessing a person’s signature, while a jurat is the
witnessing of a person’s affirmation or swearing that a matter is true, along with
their signature.) Consult individual state laws for the exact requirements of each
kind of certificate. Some states require exact and specific wording while others
require only that a notarial certificate include certain elements. If the certificate
provided on the document does not contain all of the legally-required elements,
then contact the preparer of the document and get permission to add the
necessary information to the pre-printed certificate to make it comply with state
law.
3.8.2 Some states require that the Signing Specialist indicate the type of identification
used to identify the signer. It is important that you consult your own state laws to
determine what your certificate must include.
3.8.3 When performing a notarial act, it is important that the certificate be completed.
Some states allow Signing Specialists to simply “witness” signatures by signing
their name, affixing their seal or stamp and dating the certificate. Most states
require that the Signing Specialist perform either an acknowledgment or an oath
and complete a certificate certifying the details of the act.
3.8.4 Some states do not allow changes to be made to the certificate once it is
completed and returned to the client. Therefore, be certain that the certificate is
complete and accurate before signing and sealing it. This is the time to verify the
correct spelling of the signer’s name. If the signer is signing on behalf of a trust,
partnership, guardianship, corporation, probate, power-of-attorney, etc., then
their name is first followed by their legal capacity with respect to that legal entity.
As an example, “John Doe, Trustee of the Doe Family Trust dated January 1, 2013.”
Some states do not require the disclosure of their legal capacity; therefore, be
current on your state’s provisions, laws and regulation. The Signing Specialist may
not commence an appointment involving a power-of-attorney unless specifically
approved by the lender’s representative or closing agent for the transaction.
3.9 The majority of the states require the authentication of the notarial act with a seal or
stamp of office. Even in states where a seal or stamp is not required, most Signing
Specialists choose to use one out of custom. Research state laws to determine the
required type, size, shape, color of ink and/or design of the seal or stamp. If using an
embossed seal, the Signing Specialist must be sure to darken the raised letters of the
impression so that it is legible on a photocopy. WFG requires that notary seals and
stamps be locked when not in use and not left in conference rooms, reception areas, or
other public locations.
3.10 Comply with the lender’s closing instructions, which may indicate the color of ink that
must be used in signing and notarizing their documents.
3.11Do not leave closing packages in unattended cars (even if locked), briefcases, or
unlocked offices. Be respectful of the privacy of each signer and protect their closing
documents from unauthorized disclosure of their non-public private information.
3.12 Remain impartial to the transaction at all times. Do not provide any personal, financial,
legal or other advice or services to the signer in connection with the transaction or
explain the terms of any closing document presented to the signer. Be familiar with the
different closing documents for each type of transaction; however, do not offer legal
advice or personal opinion to a signer about executing or not executing the closing
documents or consummating or not consummating the transaction, unless the Signing
Specialist is an attorney representing the party in the transaction. In the event that the
transaction is a refinance with a three day right of rescission option, do not recommend
that the borrower(s) proceed with the signing of the closing documents on the grounds
that the rescission option provides three business days to thoroughly read the loan
documents and ask questions of the lender; instead, recommend that the borrower
contact the lender’s representative immediately before signing the documents. Simply
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 8 of 44
stated, clearly explain to the signers that you as the Signing Specialist are solely
responsible for providing signing services connected with the transaction and cannot
answer specific questions about the transaction or the legal effect of the closing
documents. You may respond to a signer’s specific question by directing the signer to
read the provisions in the critical closing documents identified by the Signing Specialist
that may answer the question or by referring the signer to the lender’s representative or
closing agent associated with the transaction.
3.12.1 Do not advise a borrower or offer your personal opinion on the loan products,
programs, rates, fees or mortgage loan professionals. Do not provide any
personal, financial, legal or other advice or services to the signer in connection
with the transaction or explain the terms of any closing document presented to
the signer. Be familiar with the different closing documents for each type of
transaction so that you are able to direct the signer to the appropriate document
for the signer to read in order to be able to answer their own question.
3.12.2 Do not perform an illegal, deceptive or harmful act in connection with a
transaction and immediately report any suspicious activity to the closing agent
handling the transaction.
3.13 Follow all contractual requirements and instructions in charging and collecting fees for
services rendered.
3.14 Do not advertise signing services in a manner that is misleading, deceptive, false or
unprofessional. All verbal and written communications must convey a professional tone
and demeanor at all times. Do not directly or indirectly solicit a signer for services other
than as a Signing Specialist at a signing appointment.
3.15 Act in a responsible and professional manner towards real estate professionals, lenders,
settlement service providers and the parties to the transaction.
3.16 Keep current on all laws and official regulations that affect the performance of notarial
acts in the state or jurisdiction in which you are certified. All Signing Specialists are
required to demonstrate an understanding of the provisions of any relevant federal laws
and regulations that pertain to the performance of signing services, including, but not
limited to, the Gramm-Leach-Bliley Act (GLBA), Truth in Lending Act (TILA), Fair and
Accurate Credit and Transactions Act (FACTA), Real Estate Settlement Procedures Act
(RESPA), United and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA Patriot) Act and the Consumer Financial
Protection Bureau’s rules on the protection of non-public private information (NPI) and
the final Integrated Mortgage Disclosure Rule. Stay informed on any technical matters,
legal requirements and other professional developments that affect your competence
or responsibilities in rendering signing and notarial acts and services.
3.17 The Signing Specialist must defer to the supervision of an attorney if required by law or
rule in their state or jurisdiction.
3.18 Complete and return any Notarial Evidence Form in connection with each transaction
when requested or required by WFG, WFG Lender Services or lender.
3.19 Comply with all standards set forth in The Notary Public Code of Professional
Responsibility as adopted and amended by the National Notary Association
https://www.nationalnotary.org/knowledge-center/news/notary-public-code-ofprofessional-responsibility and the best practice standards contained in the Certified
Signing Specialist Code of Conduct as proposed, adopted or amended by the Signing
Professionals Workgroup http://signingprofessionalsworkgroup.org/code-of-conduct/.
3.20Provide the borrower(s) and seller(s) with the contact information of the lender’s
representative and closing agent who may answer questions about the closing
documents, loan programs/products and explain the terms of the loan or any closing
document presented.
3.21 Do not pre- or post-date a notarial certificate in order to meet a funding deadline, avoid
an expiring rate lock or for any other reason. You may not comply with a request from a
lender, closing agent, signer or any other person to falsify information in a closing
document or certificate of a notarial act. You may not comply with a lender’s or closing
agent’s request to mail a signed and sealed notarial certificate that is not attached to an
actual closing document.
3.22Notify the closing agent and lender’s representative if you have a reasonable belief that
a signer’s signature or handwriting appears to be inconsistent with any document
presented to you at the time of the signing.
3.23All pages of every closing document (not just the signature page) must be presented to
the signer for their signature.
3.24Immediately contact the lender’s representative and the closing agent for the
transaction if you have knowledge or reasonable belief that:
3.24.1 A closing document or notarial certificate has been altered or tampered with;
3.24.2 A transaction is unlawful;
3.24.3 A potential or actual misrepresentation is known or witnessed in connection with
a transaction; or
3.24.4 A criminal act has been committed in connection with the transaction, in which
event you must immediately notify a lawful authority once you become aware
that a criminal act has been committed. You must fully cooperate with law
enforcement investigating an allegation of criminal activity of which you have
knowledge or that implicates the Signing Specialist.
3.25Receive and deliver all closing document packages in person or via secure means.
Personally download and print the closing package and do not assign this responsibility
to any other person. Do not use a public or unsecured computer network to retrieve or
download electronic communications or documents in connection with a transaction,
or to fax signed documents to a lender’s representative or closing agent. Do not share
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 10 of 44
with any person the logon credentials or access instructions to a website for the
purpose of viewing, downloading or printing closing packages. Permanently erase any
files containing electronic closing documents from your personal or shared computer
immediately upon the completion of the transaction. If you feel that the package has
been compromised, immediately contact the WFG closing representative.
3.26Do not comply with any requests from the signers to provide electronic closing
documents, but promptly relay the request to the lender’s representative or closing
agent.
3.27Refuse to accept the handling of a transaction if you are unable to meet WFG’s
expectations, which include, but are not limited to requirements that you
‒ Arrive at the appointment at the designated time period;
‒ Are fully able to download, print, copy, fax and return packages on time and as
specified above;
‒ Do not authorize another Signing Specialist to perform the signing services on your
behalf without prior written approval from WFG and/or WFG Lender Services; and
‒ Do not cancel or reschedule a signing appointment with a signer once the
appointment has been set, but immediately notify the WFG closing representative if
an emergency prohibits you from meeting the appointment.
3.28An outside Signing Specialist must:
‒ Immediately contact the closing agent prior to the signing appointment if they
discover documents are incomplete or missing from the closing package;
‒ Present a government-issued identification document containing a photograph to
identify themselves upon greeting the signer at the signing appointment;
‒ Notify the signer and the closing agent at least 30 minutes prior to the scheduled
appointment time if they will arrive late to the appointment due to inclement
weather, traffic or any other emergency;
‒ Confirm the appointment with the signer and ensure that all parties and witnesses
signing documents will have the required evidence of identification, stipulated
documents and certified funds available upon their arrival, unless prohibited by the
closing agent; and
‒ Immediately contact the lender’s representative and closing agent if the signer(s)
request any changes to the closing documents. Do not alter or add language to a
document unless expressly authorized in writing by the lender’s representative or the
closing agent.
3.29WFG and its subsidiaries expect their internal and external Signing Specialists to aspire
to the highest standards of professional practice and continually enhance their
professional competencies by taking any training available regarding escrow courses,
notary public courses and professional signing courses. Our Code of Conduct and
professional ethics are vitally important to our consumer’s experience with our
company and industry.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 11 of 44
4 Americans with Disabilities Act (ADA) Accommodations
The Realtor and/or Lender will typically advise WFG that their client has a disability, and that
WFG needs to plan for specific accommodations at the time of signing, or some other time
during the course of the transaction. Physical impairments that WFG must accommodate
include hearing and site impairments, lack of limbs that impairs the customer’s ability to
write, and individuals who are unable to write or sign their name. In a situation where there
are indications that the buyer/borrower or seller may have a mental impairment, the WFG
escrow employee and/or outside mobile notary signer must immediately communicate the
same to WFG’s title officer and/or underwriter to determine how to proceed.
The ADA requires that “public entities must provide auxiliary aids to individuals with
disabilities, at no additional cost, where necessary to ensure effective communication with
individuals with hearing, vision, or speech impairments.” If WFG is notified that an individual
requires an interpreter, inquire if the disabled consumer will bring a qualified interpreter of
legal age with them. If not, WFG must find and provide one for the consumer, as no cost to
the consumer. This applies to all regions domestically with the exception of the State of
Colorado where the use of an interpreter is not permitted. Refer to Appendix “H” for the list
of ADA National Network Regional Centers to request a qualified interpreter if the WFG
office does not have one on-site.
Refer to Appendix “I” for the appropriate Translator’s Certificate and notary block
modifications.
WFG employees and external signing specialists shall welcome service animals and mobility
devices into physical locations to assist the disabled client(s).
5 Non-English Speaking Accommodations
The Realtor and/or Lender will typically advise WFG that their client is non-English speaking.
Inquire if the non-English speaking consumer will bring a qualified interpreter of legal age
with them. If not, WFG must find and provide one for the consumer and charge the
consumer the actual cost of the interpreter. This applies to all regions domestically with the
exception of the State of Colorado where the use of an interpreter is not permitted. If
assistance to identify an interrupter is needed, email the compliance department at
[email protected].
Refer to Appendix “I” for the appropriate Translator’s Certificate and notary block
modifications.
6 Religious Face Coverings
Extra identity verification shall be needed if an individual appears before a signing specialist
wearing a religious head covering that wholly or partially obscures the individual’s face. In
those instances the question arises as to whether the WFG employee, agent or mobile
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 12 of 44
notary can legally ask the individual to remove his/her face covering in order to verify the
individual’s identity.
The answer is that WFG, agents, and mobile notaries do, in fact, have the legal right and
duty to ask someone to remove their face covering in order to verify that individual’s
identity. However, notwithstanding that right and duty, care should be exercised when
dealing with this issue given the sensitivity and religious implications surrounding it.
Specifically:
6.1 Acknowledge to the person that you understand the importance of his/her garb,
including the head/face covering.
6.2 Explain why photo identification is required in our industry from individuals who are
getting ready to sign escrow and closing documents.
6.3 Ask for the individual’s state driver’s license or other state-issued ID. Most (but not all)
states require that an individual’s face be fully visible in state ID photos. If that is the
case, then ask the individual to lift or remove the face covering so that you can match
the individual’s face to the state photo ID.
If the individual is uncomfortable doing so in front of others generally or members of the
opposite sex specifically, ask them to go into a private area with you (if you are of the same
sex as the individual) or one of your opposite-sex colleagues (if you are not of the same sex
as the individual) in order to have the head covering lifted or removed so that the
individual’s face can be matched to the state photo ID.
If the state-issued ID in the state in question does not contain a photo or contains a photo
with a religious head covering that obscures the individual’s face, ask the individual to
provide their passport for identification purposes, since the U.S. State Department and many
of its foreign counterparts require that an individual’s full face be visible in passport photos,
and then proceed as set forth in the preceding paragraph.
State notary requirements, can be located on WFG’s Home Intranet site at the following
link:
http://sharepoint.williston.local/escrow/TRID%20Escrow%20Checklist/Forms/AllItems.aspx?R
ootFolder=%2Fescrow%2FTRID%20Escrow%20Checklist%2FNotary%20Public%20Informatio
n&FolderCTID=0x01200044E16A888697B349896B109CC9C2D065&View=%7B80D06237-
8958-4669-97DB38180BC2257F%7D&InitialTabId=Ribbon%2EDocument&VisibilityContext=WSSTabPersisten
ce.
The above link can be located from the escrow dropdown menu, click on TRID Escrow
Checklists and Guides and click on Notary Public Information.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 13 of 44
State requirements and execution practices such as notary term, continuing education,
notarial certificate templates and other statutory requirements shall be consulted prior to
completing affiant and notary activities.
8 Consumer Complaints
WFG’s lender customers and CFPB require that all consumer complaints are logged,
tracked and monitored by WFG. A customer or consumer complaint is generally defined as
a dissatisfaction or discontentment with a company’s products or services. The CFPB, for
example, defines a consumer complaint as an expression of dissatisfaction or
discontentment with or allegation of wrongdoing by a provider of any financial product or
service.
WFG requires all fourth-party service provider vendors, which includes our outside mobile
notaries/signing service providers, to contact WFG if the consumer expresses dissatisfaction
with the services and/or products of WFG, the lender and/or the notary.
For WFG Lender Services closings: Call 877.262.5504 to relay the consumer’s complaint.
For any other WFG direct operation: Complete the Outside Notary – Consumer Complaint
Form that was contained in the documentation and return to WFG with the closing
package.
9 WFG Employee Notary Requirements
It is permissible and encouraged to add company organized events, such as company
marketing events (if allowed by state regulatory agencies), moving address and date of new
facility, and office closure notice for holidays.
9.1 In addition to the rules set forth above, WFG employees must provide the following
updated information in order to be permitted to perform notary services for WFG
transactions:
9.1.1 Copy of current notary public license/appointment;
9.1.2 Any errors and omissions policy that is obtained outside of WFG’s policy, if
required by state law;
9.1.3 Copy of the employee’s current driver’s license and proof of current auto
insurance (if conducting signing services outside of a WFG office);
9.1.4 Proof of bond if required by the state in which the employee is licensed;
9.1.5 If an attorney, proof that he/she is a member in good standing of a state bar;
9.1.6 Title Producers License (required for Maryland and Indiana only); and
9.1.7 WFG requires all new hires to complete a background check (including criminal
and financial matters). Any WFG employee who conducts signing services for
WFG must have their background checks renewed every year.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 14 of 44
9.2 All approved WFG employees must have a partner card created in Resware. The partner
card must include an up-to-date copy of all items listed in Section 9.1, with the
exception of the employee’s background check.
9.3 WFG employees may not charge or be reimbursed a separate fee for notarizing a WFG
consumer/customer’s signature, unless required by state law. If conducting a signing
outside of business hours for the company, appropriate overtime compensation will be
paid pursuant to the WFG Employee Handbook and upon supervisor approval. If WFG
requires an employee to provide signing services for WFG customers/consumers, then
WFG will reimburse the employee for their notary license, bond, seal and any other
material required by state law.
9.4 WFG prefers that all signings after business hours be conducted in company facilities.
All WFG employees must take appropriate measures to not be in the office by
themselves when conducting signings after hours. If needed, meet in a secure public
setting if the consumer cannot come to a WFG office. Supervisor permission must be
obtained for any variance to this section of the policy.
10 Outside Mobile Notary Requirements
In addition to the rules set forth above, mobile notaries and signing service companies must
provide the following in order to become an approved mobile notary for any WFG-owned
operation and for WFG Lender Services.
10.1 Request for Information - A mobile notary (whether an entity or an individual) must
complete the attached application set forth in Appendix “A” herein and provide to WFG
the following documentation:
10.1.1 Copy of current notary public license/appointment;
10.1.2 A minimum of $25,000.00 current Errors and Omissions Policy, with a copy
provided to WFG or WFG Lender Services;
10.1.3 Some national and regional lenders are now requiring a mobile notary to provide
a current Errors and Omissions Policy in a minimum amount of $250,000.00 or
more. WFG and WFG Lender Services will be vetting a higher tier of mobile
notary vendors who must carry the higher minimum to be considered for these
transactions.
10.1.4 A criminal background check (including identity, residence, record of state or
federal criminal arrests and convictions), a state motor vehicle record, and
verification that the party’s name has been checked against pertinent lists as
required by rules implementing the USA Patriot Act, with all reports to be paid for
by the applicant and no older than sixty (60) days from the date of application.
WFG will only accept background checks from one of four vendors, either the
NNA (National Notary Association), Sterling Info Systems, Cluso Investigation or
HireRight, LLC. The documentation of background checks must be delivered to
us direct from one of these four entities, and not by the applicant. The notary
applicant may send the background check to WFG in the scenario where it was
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 15 of 44
performed for NNA purposes. When received by the applicant, WFG personnel
are required to verify that the applicant is in good standing on the NNA website.
10.1.5 Copy of the applicant’s current driver’s license;
10.1.6 Proof that the applicant has been a notary public for a minimum of one year;
10.1.7 Proof of bond if required by the state in which the applicant is licensed;
10.1.8 If an attorney, proof that he/she is a member in good standing of a state bar;
10.1.9 Title Producers License (required for Maryland and Indiana only);
10.1.10 A Real Estate Closing Agent License from the Minnesota Department of
Commerce is required when processing, notarizing certain real estate and
mortgage documents and handling the disbursement of funds on Minnesota
transactions unless it is an employee of a title insurance company licensed to do
business in Minnesota;
10.1.11 The applicant must meet the Independent Contractor Status Test and Complete
a Form W-9. Both forms can be found at: http://www.irs.gov/Businesses/SmallBusinesses-&-Self-Employed/Independent-Contractor-Self-Employed-orEmployee;
10.1.12 The applicant cannot be an employee of a mortgage broker;
10.1.13 Completion of Prospective Diverse Vendor Profile as shown on attached
Appendix “B”;
10.1.14 Executed WFG Agreement for the Provision of Signing/Notary Services as shown
on attached Appendix “C“ for all states except California. The California WFG
Agreement for the Provision of Signing/Notary Services must be used by all
California outside notaries as shown on attached Appendix “D“;
10.1.15 If applicant is a mobile notary/signing service company - provide written policy
and procedure for vetting of their mobile notaries. WFG will require evidence of
their vetting process that must be similar to the WFG vetting process as defined
in Section 10.0 herein. The applicant must also provide WFG with two years of
financial statements, a copy of errors and omissions insurance with a minimum
coverage of $1 million, together with an executed Attestation in the form
attached as Appendix “E”;
10.1.16 WFG requires all applicants to follow this Policy and Procedure as stated in the
WFG Agreement for the Provision of Signing/Notary Services as shown on
attached Appendix “C“ for all states except California. The California WFG
Agreement for the Provision of Signing/Notary Services must be used by all
California outside notaries as shown on attached Appendix “D“.
10.2 Mobile Notary Selection – Based upon answers received from the Request for
Information (RFI) process described above, WFG, in its sole discretion, will identify those
mobile notaries that best qualify to provide the contemplated services. WFG utilizes the
RFI process to collect relevant information pertaining to the services offered by the
mobile notary, including years of experience, current area of coverage, data security,
references, and the like.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 16 of 44
10.3 Notary Review of Qualifications – From time to time, at WFG’s sole discretion, notaries
may be subject to extended or updated review of qualifications, including, but not
limited to, security review, insurance verification, background (including driving history)
check verification (required every year at mobile notary’s expense), reference checks
and license verification. Notaries may be eliminated at this phase or any time during
their business association with WFG, for any or no reason and at WFG’s sole discretion. If
approved, each notary, mobile notary and/or mobile notary entity must execute and
agree to the terms and conditions as contained in the WFG Agreement for the
Provision of Signing/Notary Services attached hereto as Appendix “C” or Appendix “D”,
and may also be requested, from time to time to execute ancillary documents,
particularly as they may be prerequisites for certain work assignments or due to
changes in state or federal law or professional standards.
10.4Award of Business – Upon being selected by WFG, mobile notaries are eligible to be
awarded some share of the contemplated mobile notary services to complete during a
pilot phase. During the pilot phase, and thereafter, all services are closely monitored, in
the hopes that performance issues might be identified and, if WFG chooses, a plan of
corrective actions implemented. At the conclusion of a successful pilot phase the
mobile notary may, in WFG’s sole discretion, be awarded additional business. Nothing
contained in this Document or in the relationship between WFG and any Mobile Notary
shall be deemed to constitute any assurance of an on-going or future business
relationship.
10.5 It is the mobile notary’s responsibility to keep all of their information updated with WFG
in order to continue to receive additional business. All renewals of (i) notary
licenses/appointments; (ii) errors and omissions insurance; (iii) bond renewal and (iv)
attorney license renewal, if applicable, must be sent to WFG in a timely manner in the
manner set forth below in Appendix “A”.
10.6 WFG takes its quality of products and services very seriously. WFG does monitor
returned packages for accuracy and quality. A percentage of the returned work is run
through an audit process. The following items are noted and if there are any errors
and/or unprofessional behavior, the mobile notary may, in WFG’s sole and absolute
discretion, be removed from WFG’s approved mobile notary database:
- Unprofessional behavior, unprofessional business attire and/or tardiness;
- Missing signature(s), dates or notary seal or stamp on documents;
- Failure to comply with fax back policies and/or returning packages late or incomplete;
and
- Highlighting or whiting out on original documents.
Any violation of the WFG’s Policies and Procedures as contained herein or as they may
be amended or updated in writing from time to time.
WFG In-Person Notary Public and Signing Services Policy and Procedures v6.4 Page 17 of 44
Notwithstanding the foregoing, mobile notaries serve at WFG’s pleasure and may, in
WFG’s sole and absolute discretion, be removed from WFG’s notary database at any
time for any or no reason.
10.7 WFG requires that its mobile notaries and signing service companies adhere to and
comply with all relevant privacy laws, including, without limitation, the Gramm-LeachBliley Act as well as all privacy standards and policies adopted by our financial
institution customers.
11 Repository of Notary Database
The vetting process for all individual notary applicants and signing service companies will
be conducted and maintained by WFG Lender Services vendor management team,
overseen by Williston Financial Group’s Vendor Manager. The databases will be made
available to all subsidiaries of WFG. All WFG employees are required to consult these
databases when placing a request for a mobile notary service. This mandatory procedure
will assure WFG consumers that WFG has followed a due diligence process that is kept
current and has gone through an audit review process.
The notary database can be located on the WFG Home Page at http://home.williston.local/.
Click on “Compliance Portal” on the upper navigation bar, and go to “Notary Portal”. Once
there, follow the tutorial located on Appendix “F”.
11.1 The escrow officer will be responsible to place the authorization number (obtained from
the Notary Portal) in the file.
11.2 All escrow managers are required to review their branch escrow files on a monthly basis
for compliance with this section of the Policy. Their monthly reviews must be submitted
to the National Escrow Coordinator per his/her instructions.
12 Violation of Policy
The terms of this Policy are mandatory and every WFG employee and outside mobile notary
is expected to follow this Policy. In the event any employee needs further information or an
interpretation of the Policy’s purpose, definitions, terms or requirements, they are
encouraged to consult with their supervisor or manager or with a representative from the
WFG Compliance and Audit Department. The failure to follow and adhere to all
requirements contained in this Policy and procedures enumerated herein could result in
disciplinary action up to and including termination.
This material is and should be considered by others to be proprietary intellectual
property owned by Williston Financial Group LLC (WFG). As such, this material is
protected by one or more copyrights, trademarks or service marks, which are owned
by WFG. Anyone found to be using this material improperly or without the express
prior written consent of WFG will be held liable for its misuse or unauthorized use to
the fullest extent of the law.