Ohio’s notary public law is weak
Ohio’s notary public law is weak
Secretary of State Jennifer Brunner is asking for a federal investigation of notaries public in connection with mortgage documents with JP Morgan Chase & Co. and Mortgage Electronic Registration Systems. She asks that this investigation be in 23 states, including Ohio, for improper handling of notarizations.
While I praise the secretary of state for her actions, I find it kind of ironic. She stated, “as secretary of state of Ohio, I license Ohio’s notaries. My state’s notary laws, like those of many states, don’t give me the tools to address the notary problems found in the changing circumstances in mortgage financing. In Ohio, even though I grant notary commissions, I don’t have the power to investigate or prosecute when there is suspected wrongdoing. That’s why I asked the Department of Justice to review and investigate.”
Many notaries, including me, have written to our government officials along with the secretary of state concerning the existing need for the Ohio Notary Public law to be changed and made uniform throughout the state. Those pleas have been met with deaf ears or canned responses. She may not have “the tools” but she wasn’t willing to move forward to get them.
The Ohio notaries that she is seeking to be investigated are the same ones that are products of the lax notary commissioning system that she oversees and perpetuates. An example of her indifference about the Notary Public of Ohio is shown by her statement that notaries are licensed. This isn’t true. They are commissioned. There is a notable difference that our secretary of state should be aware of.
Such professionals as doctors, nurses, attorneys, pharmacists and others are licensed positions requiring an accredited course of study, taking a uniform statewide examination. They are accountable to a state board, must meet certain standards, and can only maintain their licensure through continuing education. Notaries have no such standard requirements and don’t even require a background check. This opens the door for a felon to obtain a notary commission. There are 88 counties, with nearly as many ways to become a notary. This can range from a test given to just a fee being collected.
The current Ohio Notary Public system is just an antiquated system that leaves the public vulnerable to fraud. With recent court rulings notaries are going to be held to a higher standard and it is time for Ohio law to catch up. I urge both candidates for Secretary of State to make changing the state’s notary law a priority.
Thomas M. Franklin Sr., Youngstown
The writer is a board member of the Ohio Society of Notaries.