By NNA Staff
Notary Signing Agents, mobile Notaries and signers are concerned about possible contact with the COVID-19 coronavirus when meeting face to face during loan signings and notarizations. In response, some closing companies have recommended a process called “window-separated signing” or “porch signing”, in which loan signings are conducted through a window or doorway at a safe physical distance.

Signing Agents and Notaries have asked if they may perform notarizations using this new practice. A few companies have published guidance for how these signings should be performed. In response, the NNA has published its own guidance for performing these signings in a way that protects the health of all involved and ensures that any notarial acts performed comply with state laws.

The NNA recommends that Notaries should follow these minimum guidelines when perform “window-separated signings”:

• The Notary and signer must be able to communicate with each other by sight and sound through the window and by normal means. Cell phones, FaceTime, Skype or other electronic communication tools must not be used for a “window-separated signing.”
• The Notary must follow all federal, state and local guidelines for social distancing, health protection and sanitization when meeting with signers and handling documents, IDs or other materials. When items are passed between the signer and Notary, one person should place the item in a neutral area and then step back and provide safe distance to allow the other person to pick it up.
• The signer must give their actual ID to the Notary to view and inspect. The ID may not be viewed at a distance or through a window. The Notary should retain possession of the ID until the end of the signing, and then return it to the signer.
• For jurats (called “verifications on oath and affirmation” in some states), the Notary must directly witness the signer sign the document in direct line of sight. This may be done through a window or doorway. Any required oaths or affirmations must be administered by the Notary to signer in direct line of sight and sound.
• The Notary must complete all journal entries before handing the journal to the signer in an appropriate social distancing manner. The signer should sign (and in California, place any required thumbprint) in the appropriate journal entry through a window or doorway in direct line of sight of the Notary.
• The Notary must complete all notarial certificates in direct line of sight of the signer through a window or doorway before leaving the signing.
• The Notary must take reasonable steps to ensure the same documents handed to the signer are the same ones handed back to the Notary. The Notary should compare all signatures on notarized documents with the signatures made in the journal entries, and with the signature on the ID that the Notary has retained throughout the entire signing, to ensure the same person signed the documents.

More than 70 representatives of the mortgage finance industry met with the National Notary Association this week to solidify important health and safety guidance for Signing Agents, mobile Notaries and signers/borrowers amid growing concerns over the COVID-19 coronavirus.

Among the significant developments is a new NNA recommended best practice that both Notaries and signers/borrowers complete a disclosure prior to each individual signing. The disclosure which, if used, will be produced by your contracting party and may include questions about your recent travel and if you have had contact with any people diagnosed with the coronavirus. There are a variety of new precautions, policies, and procedures being implemented by the mortgage finance industry.

Reach out to your contracting parties for specific guidance and be sure to follow any new procedures they prescribe. Notaries should expect enhanced precautions from contracting parties for as long as the COVID-19 crisis remains a threat to health and safety.

Your health and safety, and that of borrowers and signers, is the top priority of the NNA and industry officials, and each closing will need to be evaluated and handled on a case-by-case basis. As such, we are issuing this additional guidance:

• Decline an assignment if you feel the environment would put you at risk in any way.
• If you are sick, decline the assignment for the safety of signers and borrowers and notify the contracting party that hired you.
• Keep hand sanitizer and disinfecting wipes with you at all times and use them frequently.
• You have the right to leave a signing location if you see any warning signs after arriving on site.
• If you leave an assignment without completing the signing, notify the title company, signing service or other hiring body immediately and explain why.
• Instead of handshakes, you are encouraged to use other respectful forms of greeting, like putting your hand over your heart and bowing your head.

The Center For Disease Control and Prevention reports that the coronavirus is mainly spread from person-to-person via coughing and sneezing. It might be possible to contract COVID-19 by touching a surface or object that has the virus on it, but that is not believed to be the main method by which it spreads. To reduce the risk of being exposed during assignments, the CDC recommends everyone take the following precautions:

• Avoid close contact with people who are sick.
• Avoid touching your eyes, nose and mouth.
• Wash your hands often with soap and water for at least 20 seconds. You should wash your hands before eating, using the restroom or after coughing, sneezing or blowing your nose.
• If you do not have access to soap and water, wash your hands with alcohol-based hand sanitizer that contains at least 60%-90% alcohol.

If you are well, the CDC does not recommend wearing a face mask to protect yourself from viruses. Face masks should be used by people who show symptoms of COVID-19, health workers, or people who are taking care of someone in close settings such as a health care facility.
If you feel sick, the CDC recommends that you stay home and contact your healthcare provider. 
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The Notary Bulletin will report further developments as they occur amid this rapidly evolving issue.

In support of National Consumer Protection, last week we covered internet merchandise scams, phishing/spoofing, fake prizes, sweepstakes, or free gifts, fake check scams, and advance fee loans, credit arrangers. We continue the top 10 scams reported in 2019:
 
6. Romance scams/sweetheart swindles
The set-up: Someone you’ve met online on a dating website, online forum or via social media quickly develops a friendship or romantic relationship with you. Eventually, they ask for money for a visit, to cover an unexpected emergency, or some other reason.

How to avoid it: Don't leave protected dating website messaging platforms for unprotected text or instant messaging chats. Never send money to someone you’ve only met online or talked to over the phone. 

7. Recovery/refund scams
The set-up: If you’ve lost money in a scam, someone may claim to be able to recover those losses for you. The only catch it that you must pay a fee or hand over sensitive personal information like bank account numbers or grant access to your computer in order to recover your losses.

How to avoid it: You should never pay money or give up personal information in order to recover fraud losses. Anyone who claims to be able to help you recover your losses in exchange for a fee is just trying to scam you. 

8. Computer equipment/software
The set-up: Also known as the tech support scam, a caller may claim to be with a well-known software company like Microsoft or an anti-virus company and have information that your computer is infected with malware. They request remote access to your computer in order to “diagnose” the problem. They may then urge you to buy an expensive tech support solution to “fix” the problem.

How to avoid it: If someone calls you unsolicited offering tech support, it’s almost certainly a scam. Scary pop-ups on your phone or computer may also urge you to call a phone number to get the problem fixed. Don’t fall for those either as they are simply a lure to get you paying for tech support you probably don’t need. 

9. Investment related scams
The set-up: Someone may offer you “guaranteed” returns with little or no risk in exchange for a big up-front investment. Investment in gold coins, precious metals, Bitcoin, real estate, or Internet startups are often used to entice unwary investors.

How to avoid it: Investigate anyone offering to make an investment on your behalf. Get documentation about the track record of the investment and check to make sure the “advisor” is registered with the state or federal government. If they pressure you to make a decision right away, chances are that it’s a scam.
 
10. Family/friend imposter
The set-up: A caller claims to be a family member or friend in trouble (or someone helping them, like a lawyer, doctor, or policeman). They urge the victim to send money to help out their loved one. The scammer may have details about your friend or family member (likely gleaned from social media).

How to avoid it: Hang up the phone and call your friend or family member yourself. If they don’t answer, try another relative who knows them to verify what’s going on. Any urgent request to send money without verification is almost certainly a scam. 

Even if you’ve studied up on the most prevalent scams, we’re all vulnerable. If you’ve been approached by a scammer or lost money, report the scam. You can help other consumers avoid these and other scams by filing a complaint at Fraud.org via our secure online complaint form. We share complaints with our network of nearly 200 law enforcement and consumer protection agency partners who can and do put fraudsters behind bars. ​

It’s National Consumer Protection Week, and there’s never been a better time to brush up on your scam IQ. To help, we’ve released our annual Top Ten Scams report, based on thousands of complaints submitted by real consumers like you to Fraud.org last year.

Each year, we monitor and analyze the complaints to track trends in scams and how con artists are tweaking their pitch to succeed at finding new victims. Our data helps us identify emerging scams we’d never heard of, what scams are fading into the sunset, and new twists on old classics. 
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So without further ado, here are the most reported scams from 2019 and, just as important, tips on how to spot and avoid them so that you don’t become a statistic on next year’s report … 

1. Internet merchandise scams
The set-up: Scammers offer cut-rate merchandise on the Internet in the hopes that consumers looking for a deal will buy.

How to avoid it: Buy from reputable sellers. If the price for an item is well below the price offered on e-commerce sites like Amazon, there’s a good chance it’s a scam, particularly if the merchandise is electronics, luxury apparel, or medications. 

2. Phishing/spoofing
The set-up: Scammers use legitimate-looking emails or spoofed Caller ID to get consumers to think they’re getting an email or phone call from the government, their bank or another entity. Once the scammer has the victim convinced they’re someone they’re not, they threaten them to get money or sensitive personal information.

How to avoid it: If someone you don’t know calls you on the phone or sends a threatening email demanding quick payment, it’s likely a scam. Delete the email or hang up the phone. 

3. Fake prizes, sweepstakes, or free gifts
The set-up: The scammer contacts you to let you know you’ve won a big prize. All you must do to collect is pay them a fee for “insurance,” “taxes,” “processing” or some other reason.

How to avoid it: The prize doesn’t exist. They’re just after your money. If someone asks you to pay money to win money, it’s a scam. 

4. Fake check scams
The set-up: Someone you’ve never met in person sends you a check and asks you to deposit it into your personal bank account. Then they ask you to send them some or all the proceeds from the check via wire transfer, by buying a gift card, or some other method.

How to avoid it: Don’t deposit the check and definitely don’t send money based on funds that may appear available if you deposit it. The bank will catch on, and you’ll potentially be left owing the bank for the negative balance. 

5. Advance fee loans, credit arrangers
The set-up: Scammers offer a “guaranteed” credit card or bank loan to consumers looking for cash. All the victim needs to do is pay an up-front fee to obtain the loan.

How to avoid it: Only look for loans or credit cards from reputable lenders. If a lender offers you a “guaranteed” credit card or loan without a credit check, it’s probably a scam.