Reading, PA Tackles Notary Fraud
With a Latino population at about 63 percent, notary fraud in the city of Reading is a huge problem, especially regarding immigration matters.
Ana Lopez-Vives, the community service manager with the Berks County Bar Association and PAN member, and Reading Mayor Wally Scott, held an informational session in June for local notaries about marketing their services under a city ordinance and the notary law - RULONA.
Under the city ordinance enacted in March 2015, notaries must post a visible notice stating that they are not lawyers and not certified to give legal advice or represent clients before immigration authorities. Last October, RULONA was enacted whicch states that notaries not certified to practice law in Pennsylvania cannot advertise services using the title "notario publico." In Spanish-speaking countries, a "notario publico" issomeone who is licensed to practice law, while in Pennsylvania, it is unlawful for non-attorneys to call themselves "notarios."
Lopez-Vives and the mayor tried to contact the nearly 80 commissioned notaries in Reading about the informational session. Only 25 notaries showed up at the June meeting.
"Notary fraud is bad in Reading," said Lopez-Vives. "We have heard of a lot of notaries who present themselves as immigration specialists, tax specialists, real estate agents, and as attorneys. However, this is not just a Reading problem. It is a Pennsylvania problem."
She said recently someone was told by a notary that a document the notary drafted and notarized was the deed to a property. It wasn't. Another scenario that Lopze-Vives heard about was that a notary was charging $150 for drafting and notarizing affidavits.
"We had several reports during tax season. In one particular case, a notary advised a client to report self-employment net losses so that they could get a larger tax return, even though the person was not self-employed," said Lopez-Vives. "We had another notary using her own bank account for her clients' tax return direct deposits and not disclosing to her clients their real tax return amounts.
"We believe the majority of victims are people with no immigration status. These people are afraid to report any fraud done by notaries, and unscrupulous notaries know and take advantage of this."
The Berks County Bar Association has created a two-pronged approach to deal with the problem: educating the community as to what notary fraud is and what to do if you are a victim.
"We are also educating notaries as to the change sin the city and state laws," Lopez-Vives said. "I'm talking about notaries who advertise solely notarial services and multi-service centers. They are our target audience. We are truly concerned about whether or not the majority of them are aware of the changes RULONA brought into the profession."
The Latino Chamber of Commerce along with Lopez-Vives held a RULONA workshop in October 2017. Only three notaries showed up. A survey sent out to all registered notary businesses in Reading was another disappointment. Only six responses came back.
Lopez-Vives hopes information about RULONA and the city ordinance will spread and "bad apples" will either be encouraged to change or will be held accountable.
"We're hoping as a community of professionals, they're looking after each other and they're also looking after the profession," she said. "If people speak ill of it or there's something tarnishing it, it's going to affect your business, because the moment the community finds out you can't trust notaries, even if you are a good notary, no one's going to go to you. You're going to lose business."
Ana Lopez-Vives, the community service manager with the Berks County Bar Association and PAN member, and Reading Mayor Wally Scott, held an informational session in June for local notaries about marketing their services under a city ordinance and the notary law - RULONA.
Under the city ordinance enacted in March 2015, notaries must post a visible notice stating that they are not lawyers and not certified to give legal advice or represent clients before immigration authorities. Last October, RULONA was enacted whicch states that notaries not certified to practice law in Pennsylvania cannot advertise services using the title "notario publico." In Spanish-speaking countries, a "notario publico" issomeone who is licensed to practice law, while in Pennsylvania, it is unlawful for non-attorneys to call themselves "notarios."
Lopez-Vives and the mayor tried to contact the nearly 80 commissioned notaries in Reading about the informational session. Only 25 notaries showed up at the June meeting.
"Notary fraud is bad in Reading," said Lopez-Vives. "We have heard of a lot of notaries who present themselves as immigration specialists, tax specialists, real estate agents, and as attorneys. However, this is not just a Reading problem. It is a Pennsylvania problem."
She said recently someone was told by a notary that a document the notary drafted and notarized was the deed to a property. It wasn't. Another scenario that Lopze-Vives heard about was that a notary was charging $150 for drafting and notarizing affidavits.
"We had several reports during tax season. In one particular case, a notary advised a client to report self-employment net losses so that they could get a larger tax return, even though the person was not self-employed," said Lopez-Vives. "We had another notary using her own bank account for her clients' tax return direct deposits and not disclosing to her clients their real tax return amounts.
"We believe the majority of victims are people with no immigration status. These people are afraid to report any fraud done by notaries, and unscrupulous notaries know and take advantage of this."
The Berks County Bar Association has created a two-pronged approach to deal with the problem: educating the community as to what notary fraud is and what to do if you are a victim.
"We are also educating notaries as to the change sin the city and state laws," Lopez-Vives said. "I'm talking about notaries who advertise solely notarial services and multi-service centers. They are our target audience. We are truly concerned about whether or not the majority of them are aware of the changes RULONA brought into the profession."
The Latino Chamber of Commerce along with Lopez-Vives held a RULONA workshop in October 2017. Only three notaries showed up. A survey sent out to all registered notary businesses in Reading was another disappointment. Only six responses came back.
Lopez-Vives hopes information about RULONA and the city ordinance will spread and "bad apples" will either be encouraged to change or will be held accountable.
"We're hoping as a community of professionals, they're looking after each other and they're also looking after the profession," she said. "If people speak ill of it or there's something tarnishing it, it's going to affect your business, because the moment the community finds out you can't trust notaries, even if you are a good notary, no one's going to go to you. You're going to lose business."
