Letter of Agreement This letter is to establish the working relationship, in writing, between Notary Direct, and the Independent Contractors engaged by Notary Direct Nationwide, LLC to conduct loan signings. In addition to providing professional services in a timely manner to our customers, an agreement on the confidentiality of our customer base must also be reached. Contractor acknowledges and agrees that all planning information, lists of Notary Direct customers, financial information, and other data related to its business are confidential and valuable assets of Notary Direct. Except for information that is a matter of Public Record, Contractor shall not disclose any confidential information for the benefit of the Contractor or any other person, except with prior written consent of Notary Direct. The client is property of Notary Direct and any solicitation or representation from another Company is forbidden and a breach of this agreement. Contractor acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of Notary Direct or containing any confidential information shall be the sole and exclusive property of Notary Direct, and shall be returned to Notary Direct upon termination of Contractor services, or upon written request of Notary Direct. Contractor agrees that it would be difficult to measure damage to Notary Direct from any breach by Contractor of the above two paragraphs, and that monetary damages would be an inadequate remedy for any such breach. Accordingly, Contractor agrees that if the Contractor breach, or take steps preliminary to breaching the above two paragraphs, Notary Direct shall be entitled, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving any actual damage sustained by Notary Direct. Contractor agrees that termination of service to Notary Direct shall not release Contractor from obligations under the above paragraphs.
I have read and agree to the terms of the Letter of Agreement
Independent Contractor Agreement Notary Direct agrees to pay FIRST NAME LAST NAME, the sum of $50.00* for handling each set of loan documents unless determined to be a simultaneous closing of which $30.00 will be disbursed for the 2nd set. Handling of loan documents to include reviewing documents with the borrowers, verification of borrowers signatures, notarization of appropriate areas and travel. Notary Direct shall not be liable to signer for any costs or expenses incurred by signer in the performance of services rendered by signer under the terms hereof, unless Notary Direct shall first have expressly agreed in writing to accept such liability. Notary Direct payments will be sent on the 1st and 15th of each month
as follows:
If you completed the signing on:
then you will get paid on:
1-15th
31st
16-31st
15th of subsequent month
via U.S. Postal Service. It is expressly understood that the signers relationship to Notary Direct under the terms hereto shall be that of a Federal and State recognized Independent Contractor rather than an employee; that in consideration of the services of the signer rendered hereunder, signer shall be entitled to payment only of signing fee by Notary Direct. Notary Direct is not obligated to make any so-called payroll deductions, i.e. federal and state income taxes, Social Security or State disability insurance, or to make employer contributions to these accounts. Contractor will not be paid for any additional business or travel expenses incurred outside of negotiated fee, and will supply his/her own transportation and proof of associated insurance. I (contractor) agree to contact customer within (1/2) one half hour of notary request to confirm an appointment date/time. In addition, contractor agrees to notify Notary Direct as to the completion status of the signing immediately following the signing appointment. Upon completion of the assignment, the Summary Confirmation Form must be completed via Notary Direct’s website, www.notarydirect.com. Failure to submit this information may result in delay of payment for services rendered. Package must then be returned on the same day of which the signing appointment occurred. All questions during the signing directly related to the documents are to be referred immediately to the designated Notary Direct Representative. Contractor must not provide any opinions as to the content of the loan documents, the funding process that may occur following the signing, or, render any legal advice to the borrower(s). All documents must be returned immediately to the designated lender/title-escrow company upon execution. I (Contractor), understand that Notary Direct will not be held responsible for any misrepresentation provided by me (Contractor). I (Contractor), also understand that any pending litigation brought forth due to my (Contractor) error or negligence, will be held responsible for any monetary damages, legal costs, fees, etc. As the assigned Contractor, I agree not to subcontract out any assignments received from Notary Direct to any other individuals, companies or Notaries without the consent of Notary Direct. In order to receive payment for services rendered, a W-9 form must be completed and returned with this package.
I have read and agree to the terms of the Independant Contractor Agreement
Fee Agreement Completion Status
Fee
Single appointment completed*
$50.00
Resigning appointment completed
$50.00
Notary Mistakes**
$10.00 Deduction
Acknowledgement Request
$10.00 Deduction
Borrower Complaint
$25.00 Deduction
Cancellation after you have traveled to $30.00 No Exceptions borrower Cancellation prior to scheduled appointment time
$0.00
* Rates are negotiable **The following are examples of a notary error:
Notary does not contact borrower to confirm scheduled closing appointment.
Notary is more than 30 minutes late to an appointment or fails to show up.
Notary fails to properly execute entire package including, but not limited to: missing initials, signatures, incomplete or missing notary acknowledgements, inaccurate dates, etc.
Notary fails to return package immediately after closing
Notary inappropriate behavior
Note: In addition to reduction or nonpayment, Notary Direct reserves the right to suspend or discontinue utilizing your services for multiple occurrences.
I have read and agree to the terms of the Fee Agreement
The Loan Signing Process Before the Signing
Upon receiving an order from our client, a Notary Direct Representative will contact you to check your availability. Once you accept the order, we ask that you call the client immediately to confirm an appointment. Should you not be able to reach the customer for any reason, it is imperative that you contact Notary Direct immediately so that we can attempt to obtain additional means of communication. Once contact has been made, please notify your Notary Direct representative. When you receive the loan package, please take a few moments to go through it and make sure that the documents are complete to the best of your knowledge and that the documents are free from obvious errors. Should you find an error, please contact Notary Direct immediately @ 888.228.7705. Please check to see if a copy package is available for the borrower. Email Docs: Please be sure to print each document on the appropriate size paper with a laser jet printer on one side. Should you have any difficulties downloading the documents, contact Notary Direct immediately.
During the Signing
Remember, you are often the only person that the borrower will see face to face in the entire mortgage process. It is important that you present a professional appearance and treat the borrower with respect and patience. Please be on time to your appointments and keep the conversation professional. Although your primary job is to notarize the required documents, we also expect you to review the documents before leaving the borrowers location to check for any signing errors or missed signatures on all documents. The borrower MUST sign their names exactly as they appear on the documents. Missing or incorrect signatures will result in forfeiture of payment. Please make sure that all documents are signed, dated, initialed and notarized as required. If the borrower has questions about the specific terms or fees of their loan or wishes to cancel, please have them call their Loan Officer and contact your Notary Direct Representative immediately.
After the Signing
It is also your responsibility to make sure that the documents are returned without delay to the correct address. A return overnight courier label should be included with your documents. If the return label is not available, please call your Notary Direct Representative for further instructions. If the signing is completed before 4:30 pm you must send the documents back that day. If the signing is in the evening, documents should be returned first thing the next morning. After the signing is completed, you will need to update Notary Direct via our website, www.notarydirect.com. Please do this as soon as possible after the signing. Failure to submit this information will result in a payment delay. Unless a different fee is negotiated beforehand, you will be paid $50 per signing.
I have read and fully understand the loan signing process
Signing Agent Etiquette In order to ensure we meet our high customer service standards, we request that you use the following rules as a code of conduct in performing the closing on behalf of Notary Direct Nationwide. 1. Be on time. The borrowers have scheduled the closing to take place around their calendars, so it is imperative that you arrive at the agreed upon time. If you feel that you will be even a minute late, call the borrower prior to the scheduled appointment time and advise them of your delay. 2. Be polite. Remember that you are being compensated for a service that you are providing, so treat the borrower with the same amount of respect and kindness that you expect from those providing services to you. 3. Be professional. A person's financial situation is very important to the individual. It is important that you show that you understand they have put a great deal of time and research in coming to the terms of the loan. 4. Do not accept calls or texts during the closing. Turn your cell phone off. The customer must have your complete attention. Do not leave the borrower alone to sign the loan documents. You must personally observe each party signing all documents as their name appears on the
5. 6.
7. 8. 9.
10.
11.
documents. Dress professionally. Your outward appearance should reflect the same professionalism that your manner does. Inform the customer of your role. Politely inform the borrower you have been hired to witness the execution of their loan documents. Explain that while you are able to explain functions of documents, you are not able to discuss loan specifics, terms or interest rates. Personally observe the execution of each document provided to you and notarize each party’s signature on each document containing a notary block. Do NOT accept any cash or checks made payable to you. Be knowledgeable. It is important to have a strong knowledge of the purpose and function of EACH document. It is just as important to be confident of your knowledge of these documents so that the borrower has confidence in signing the documents. Be accurate. Please make sure that all of the documents are properly signed and notarized. Any part of the loan package that is not properly executed will need to be resigned at the contractor’s expense and may result in ineligibility to receive future orders. Unless otherwise advised, all agents must provide a copy set of documents to leave with the borrower. Failing to do so can result in reduction of payment.
If the borrower refuses to sign any document, immediately contact Notary Direct at 888-2287705.
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Notary Direct Information Security Policies and Requirements To protect the privacy of borrowers, Congress has developed rules for the handling of private financial information. The Gramm-Leach-Bliley Financial Services Modernization Act and the resulting Interagency Guidelines require that steps be taken to protect consumer privacy. To ensure compliance with the guidelines, Notary Direct has developed the following policies:
 Contractor may only use Windows or Macintosh operating systems on their computers.  Contractor agrees to update their operating systems as soon as updates are available.  All wireless connections must be password protected and information encrypted.  Contractor agrees to use a business only email account for communication with Notary Direct.  Contractor agrees to lock his/her password protected PC when not in use.  Contractor’s PC must be protected by personal firewall software.  Contractor agrees to use virus protection software and full system scans are to be performed once a week.  Contractor agrees to lock all sensitive information in a locked filing cabinet when not in use.  All documentation from Notary Direct and/or its client’s will be shredded upon disposal.
These requirements apply to everyone who has access to borrowers' private financial information, including Notaries who act as Signing Agents handling loan document signings.
I have read and agree to comply with Notary Direct's Information Security Policies.
Customer Complaint Escalation Process Complaint Procedure Notary Direct Nationwide requires immediate notification concerning all borrower complaints, of any make-up or nature, that cannot be resolved by the signing agent. While signing agents are strongly encouraged to take all reasonable action to resolve any complaints themselves, it is of the utmost importance that Notary Direct Nationwide be notified of any unresolved complaints. Deceased Customer Procedure Notary Direct Nationwide requires signing agents to alert us of a deceased customer as soon as the signing agent has been notified. If the signing agent encounters any situation involving a deceased customer, please call 888.228.7705.
I have read and fully understand the customer complaint escalation process and deceased customer notification
Nationwide Identity Theft Prevention Procedure To reduce the incidence of fraud and identity theft, proper identity verification must be performed at every signing. 1.
Validate the Signer's Identity o Each signer must be present at the signing and must provide a valid governmentissued, photo identification. Examples of government-issued identification
o
A valid driver's licence from any U.S. State A valid U.S. passort A valid Foreign Passport A valid Green card A valid identification card issued by a federal, state or tribal government that contains the individual's photo, signature and physical description.
Identification should contain a photograph, physical description and signature. Using identification with these three components provides a basis of comparison with the physical appearance and signature of the signer.
o
The identification cannot be expired.
o
A copy of the identification used at the signing may be required. Please see you order specifics for instruction.
o
Be familiar with the laws governing identity verification in the state(s) where you practice. If your state does not consider one of the listed forms of government-issued identification as acceptable identification, you may not rely on it for identity verification.
2. Record the details of how you identified the signer in your notary journal o Record the details of the type of identification used for identity verification in accordance with the laws governing journal entries in your state. 3. Contact Notary Direct if the signer does not have valid identification o If you are not able to comply with these requirements because a signer does not have a valid government-issued photo ID, contact us for further instruction.
I have read and agree to comply with the nationwide identity theft prevention procedure
