Action Alert – Please tell President Obama NOT to sign the Interstate Recognition of Notarizations Act

On Monday, September 27, 2010, U.S. Senator Bob Casey (D-PA), on the Senate floor, asked that the Judiciary Committee be discharged from further consideration of a bill that would hurt consumers. H.R. 3808 requires federal and state courts to recognize notarized documents from other states, including ones that contain electronic notarizations that are not subject to the same consumer safeguards of documents notarized in person. Some financial institutions are using electronic notarizations to process home foreclosure documents.

Sen. Casey asked that the Senate move forward with immediate consideration of the bill with unanimous consent that the bill pass with no other action or debate. The Senate passed the bill without amendment by unanimous consent. It now sits on the President’s desk. I’m asking you to email or call the President at 202-456-1111 to ask him not to sign the bill.

H.R. 3808 is known as the “Interstate Recognition of Notarizations Act.” It passed the House under a suspension of the rules in April 2010. It requires federal and state courts to recognize any notarization that is lawful in the state where the notary is licensed. Now, in one day, it passed in the Senate.

When I learned of it last Thursday, it sounded innocuous to me, but then I started looking at the timing of the bill. GMAC, owned by Ally, had just suspended its foreclosure actions in 23 states, including Ohio. I had already referred Chase Home Finance, LLC, on August 23, 2010, to the U.S. Department of Justice, asking it to review and investigate Chase’s document notarization practices in home foreclosures (18,000 documents per month were being notarized by 8 people, along with other irregularities). I license notaries in the State of Ohio. Even though I don’t have the power under state law to investigate or prosecute, I couldn’t stand idly by without acting. That’s why I’m asking you to email or call the President at 202-456-1111 to ask him not to sign the bill.

Last Wednesday, the day before I announced the DOJ referral, JPMorgan Chase announced it was having third party counsel review its document procedures for foreclosures. Just two days before, the U.S. Senate had rushed through H.R. 3808. Something didn’t seem right. Since then others agree with me.

Notarizing a document requires the signer to make a fundamental statement, an acknowledgment, before a notary public. It is used for documents of great sensitivity or value, like when the title of a car is transferred on its sale or when a bank tells a court how much is owed on a note for a mortgage when it wants to foreclose.

Some states have adopted “electronic notarization” laws that ignore the requirement of a signer’s personal appearance before a notary. A notary’s signature is that of a trusted, impartial third party, whose notarization bolsters the integrity of the document. Many of these policies for electronic notarization are driven by technology rather than by principle, and they are dangerous to consumers.

President Obama was presented with HR. 3808 on Thursday, September 30, 2010. As of today, he has not signed the bill. Please join me in urging him not to sign the bill by sending an email or calling the White House at 202-456-1111.

Mortgages are now being used as backing for securities traded all over the world by financial institutions. When a mortgage goes into default, a “chain of title” (list of its owners) must be created. It’s being discovered that many financial institutions have taken shortcuts in creating lawful chains of title that allow them to foreclose and take homes when they would not otherwise have the right under the law.

Banks demand we follow every letter of their contracts We must demand they follow the law. It’s that simple. Please join me in urging President Obama not to sign the bill by sending an email or calling 202-456-1111.

Thanks for working together,

Jennifer Brunner
Ohio Secretary of State

Comments
21 Responses to “Action Alert – Please tell President Obama NOT to sign the Interstate Recognition of Notarizations Act”
  1. lucy says:

    Eugene Villarreal , Can you explain your comment in depth?
    I’m in NJ and is in foreclosure.
    Judges in Nj is as bad as in Florida.
    Pleas, I like to know more about this law that was quietly passed by the NJ supreme court justice Rabner.

    Thank you,
    Lucy

    • FireRx says:

      When I purchased my home in Arizona, the titale poeple has to come to California to get me to sign, and noterize the paperwork. So, Please don/t all of a sudden act like it’s a burden to the bank to deal with notary issue across state lines. Ogama did the right thing here. The house and senate better not dare remove his veto.

  2. leapfrog says:

    This just in…pocket veto. Obama says he will not sign. Yay, we did it!

    http://www.huffingtonpost.com/2010/10/07/obama-pocket-veto-foreclosures_n_753987.html

  3. Officer of the Law says:

    Which enumerated power authorizes the Federal government to control evidence codes in state courts?

    Why did it take over 200 years for Congress to discover that it was “authorized” to determine what will be allowed as evidence in state courts?

    Ignorance of the law is a dangerous thing especially when the public is ignorant and the “law” is controlled by those who do the bidding of criminals.

    • Officer of the Law says:

      By the way, does anyone need any more proof that most members of Congress are working for the banksters and helping them to steal the homes of millions of American families? If so, just recall the billions of our money that Congress gave the poor banksters just before the last election.

  4. RAMONA says:

    Icalled and sent a letter , the link worked for me. I only hope he listens to the people and not the bottom line of these crooked banks .

  5. PJ says:

    PA is on the brink of insolvency… so his representative pull’s a deal with this bill… wake up America your elected officials will legislate each and every right you have out of existence for their own glory and ego. Bombard this schmucks e-mail and fax line with complaints!

  6. Ella says:

    Done! Thank you, Ms.Brunner, for giving the foreclosure epidemic the attention it deserves. Finally, an official who gets it!

  7. Gil says:

    If the Federal govt. passes this bill – it´s time “to turn off the lights´´ on this experiment called the United States of America.

  8. Eugene Villarreal says:

    New Jersey’s Supreme Court Justice Rabner just recently and quitely approved and signed into law that court files including all foreclosure files can be filed electronically in the JEDIS system after they, attorneys and law firms, get their approval (?). Not just Notoratized Documents. How easier can it get ?

  9. lucy says:

    the email link is no good.
    I’ll fax it.

  10. liz says:

    Fax the White House. Here is the fax number. And yes it has been the same fax no. since Bush.

    Fax for White House: (202) 456-2461

  11. Pelucheven says:

    i called and wrote to the white house, every family is doing the same. It is shame how all these senators and congress people approve laws for some abstract concept of expediency and efficiency and lose all sense of what is right and proper.

    so not only can these people fabricate documents but now they will be able to notarize accross state lines and be a witness to an act they were not present at. this is amazing.

    let us all call the white house. we need to stop this fiasco.

  12. Alina says:

    wow… look at the timing – they snuck this one by. Gotta hand it to these crooks, they can always sniff out a loophole.

  13. I have been a follower of your site for quite some time. Thank you for all that you do.

    I will be calling President Obama and voicing my opinion. I posted your Action Alert on beingmiddleclass.org and will continue to spread the word.

  14. dave says:

    So they are passing a law to essentially do what they want. Fucking great
    2 can play that game. How about i generate documents to say I own half the houses in my state.

  15. leapfrog says:

    This Casey needs to be kicked out if he’s up for election this year. PA voters, please rid us of this anti-consumer big bankster pal turn-coat.

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