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February 2011

Courts, Regulators Tightening The Reigns On Foreclosure Processes

The mortgage-servicing industry remains under considerable pressure from state attorneys general, federal regulators, lenders and judges to overhaul foreclosure proceedings with more order and due process, and to ensure that delinquent homeowners are treated fairly.

E-Discovery Sanctions Reach All-Time High

While electronic evidence and e-discovery remain relatively new areas for litigation, sanctions for negligent handling of electronic evidence have reached an all-time high since data began being considered in court in the 1970s.

Five Simple Ways To Market Your Notary Services

Marketing campaigns can have a significant impact on your business endeavors, and help achieve results. But many entrepreneurs don’t have the resources to implement them.

Frequently Asked Questions About Immigration Consultants

The terms “Notary,” “Immigration Consultant” and “Immigration Attorney” are often confused by immigrants seeking help or guidance. Federal and state laws limit the services and advertising a Notary can provide to immigrants, and if not clearly understood, a Notary can make an on-the-job mistake that can lead to legal consequences. The Immigration Section provides answers to some commonly asked questions:

Grappling With The Challenges Of Electronic Health Records

One of the most important developments affecting professionals in the healthcare industry is the growing use of electronic health records (EHRs). Gary C. David, associate professor of sociology at Bentley University in Waltham, Massachusetts recently discussed the impact they will have on the industry.

Lessons from Vancura: Liability Protection Is Essential

If there’s one key lesson Notaries everywhere can learn from the Vancura v. Katris case it’s that you must own your official duties and responsibilities bestowed upon you by your commission. There is no longer a “gray area” of liability shared with employers, signers or anyone else that Notaries can claim excuses negligence.

Patient Privacy And Journal Records

Strict privacy laws coupled with increasing medical identity theft mean that healthcare professionals today must take workplace privacy policies seriously. For healthcare Notaries, these policies need to address what information should be included in a journal.

Q&A: Elder Abuse

Seniors often need important documents drafted and notarized with the help of attorneys. But as seniors are among the most targeted victims of abuse and fraud, Notaries should be extra watchful for warning signs. The Legal professionals Section recently spoke with Bernard Krooks of the elder law firm Littman Krooks LLP in New York City about this issue.

Soverign Citizens Abusing Apostilles

One of the tactics anti-government activists have been using recently to circumvent federal and state laws is misusing apostilles — state-issued certificates verifying the authenticity of a notarization on a document being sent to a foreign country. Tom Wrosch of the Oregon Secretary of State's office, a notarial expert who has closely followed the activities of members of the so-called “sovereign citizens” movement, recently discussed the nationwide trend.

To Accept, Or Not To Accept Foreign Identification Documents

Most Notaries know and adhere to their state’s identification requirements. But the lines can get blurred when you are presented an identification document from a foreign national. You might not be able to read it, determine if it is fraudulent, or know whether or not the ID meets state requirements.