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National Notary Association Files Joint Amicus Brief In Georgia Challenging State Bar's Opinion On Unauthorized Practice Of Law.


Business Editors

CHATSWORTH, Calif.--(BUSINESS WIRE)--Oct. 2, 2003

In opposing a State Bar opinion that would put out of work the growing number of Georgia Notaries who act as Signing Agents in loan closings, the National Notary Association The National Notary Association is an American nonprofit organization which provides education to and about notaries public. It was established in 1957 by Raymond C. Rothman. [1] External links
  • National Notary Association website
 (NNA NNA National Notary Association (Chatsworth, California)
NNA National Newspaper Association
NNA Nissan North America Inc.
NNA National News Agency (Lebanon)
NNA Nebraska Nurses Association
) has filed an amicus curiae brief Noun 1. amicus curiae brief - a brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it
brief, legal brief - a document stating the facts and points of law of a client's case
 with the Georgia Supreme Court.

The NNA jointly filed the brief with the Title Appraisal Vendor Management Association (TAVMA) in response to Georgia State Bar Advisory Opinion UPL UPL Unauthorized Practice of Law
UPL Upper Payment Limit (Medicaid)
UPL Unión del Pueblo Leonés (Spain)
UPL Unlicensed Practice of Law
UPL Unsecured Personal Loan
UPL University Press Limited
 2003-2, which would carry the force of law if approved by the Supreme Court.

UPL 2003-2 would prevent anyone other than a licensed Georgia attorney from conducting closings for real estate purchases or for any loan secured by real estate (such as second mortgages and home equity loans). The State Bar described the execution of a deed of conveyance Noun 1. deed of conveyance - a legal document signed and sealed and delivered to effect a transfer of property and to show the legal right to possess it; "he signed the deed"; "he kept the title to his car in the glove compartment"
deed, title
 as so intimately interwoven in·ter·weave  
v. in·ter·wove , in·ter·wo·ven , inter·weav·ing, inter·weaves

v.tr.
1. To weave together.

2. To blend together; intermix.

v.intr.
 with other elements of the closing process to be inseparable from the closing as a whole. UPL 2003-2 requires that all home loan signings be conducted under the immediate supervision of a lawyer admitted in the State of Georgia.

Over the past decade, the Notary notary
 or notary public

Public officer who certifies and attests to the authenticity of writings (e.g., deeds) and takes affidavits, depositions, and protests of negotiable instruments.
 Signing Agent has become a vital cog in an increasingly customer-conscious American lending industry, as lenders and closing agents are increasingly turning to such Agents to expedite loan processing and enhance business competitiveness. The NNA takes the position that UPL 2002-3 discriminates against out-of-state commerce, amounts to economic protectionism by the State Bar, and will disproportionately drive up consumer costs.

"This is my livelihood. I am irritated," said Laura Johnson, a Notary Signing Agent in Georgia who has already experienced a decrease in signing assignments since the State Bar's opinion was handed down. Ms. Johnson is one of a number of Georgia Notary Signing Agents who asked the State Supreme Court to reject the State Bar's Opinion, at a hearing on September 22.

The United States Department of Justice “Justice Department” redirects here. For other uses, see Department of Justice.
The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States
 and the Federal Trade Commission have also submitted an amicus curiae brief with the Georgia Supreme Court, asserting that UPL 2002-3 would deprive consumers of the ability to choose to close real estate transactions without the services of an attorney.

For more information, contact the NNA's Public Affairs Department at 818-739-4084 or download the brief at www.nationalnotary.org.

About the National Notary Association: For 45 years the National Notary Association has been the primary source for Notary education, service and advocacy in the United States, and is the largest and oldest organization of its kind. Based in Chatsworth, Calif., with state offices in Florida and Texas, the NNA has more than 178,000 members nationwide. Contact the NNA at 800-876-6827 or online at www.nationalnotary.org.
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Publication:Business Wire
Date:Oct 2, 2003
Words:438
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