ISO 9000 Documentation

One of the most daunting aspects of an ISO 9000 project is the documentation. Many managers stay awake nights with visions of ream upon ream of bureaucratic paperwork. Often, people are forced to re-visit old fears from high school English class, where their papers were not well received. While it is possible that these fears will be realized, it is not really necessary. There are several techniques that can make the process of creating a documented quality system easier, more effective and less intimidating.
These techniques range from simply using the appropriate tools, and applying the appropriate structure, to using the right personnel. As always, proper planning, clearly defining responsibilities, and controlling the process are imperative in its success. There are five areas that must be addressed in order to develop a quality system with the least headaches. These are process definition, structure, tools, format/grammar and flexibility.
Process Definition
Many pundits will tell you that each person at the company must write their own procedures in order for them to be effective and appropriate. They argue that no one knows the process better than the person who performs it every day and that if they are not the one's to document it, they will have no ownership. While this argument has some merit, it only works well if everyone at your company is a capable writer with a proper word processor and has the time and inclination to write procedures.
The reality is probably that much of the staff, even those at management level, aren't capable writers and don't have access to or sufficient practice on word processors. Involving many people in the construction of a set of documentation will yield different styles, levels of detail, formats, etc. creating considerable problems for the person responsible for pulling it all together. This person has probably already invested considerable time and effort in the training and support of people who will likely never write another document for the organization. In addition, few people have the time to devote to procedure writing. Because of this, everyone's involvement is a goal that is unachievable at most organizations.
Who then, should write the procedures? The company should designate a person who is responsible for the generation of procedures. That person should decide format and structure for the procedures and will do most, if not all of the writing. Designating a single person assures that the procedures are written in a timely manner without excuses and without people shirking their responsibilities. It also enables the company to assign a capable writer with the appropriate skills to determine the processes involved, identify the right level of detail, and document them in such a way as to avoid the "ownership" issue. Finally, having a single person write the procedures ensures that there is a consistent format and structure. This is one area where considerable benefit can be achieved with the use of an outside consultant. This frees up internal resources to focus on the key purposes of the business and ensures an expert job.
The remaining problem is how to write the procedures. The person writing the procedures must ensure that the process is accurately depicted. This is typically done by interviewing the staff in the area for which the procedure is being written. The interview is used to gather needed information about the process and to determine how compliant the process is. It also allows the staff to have input into the procedure, so they don't feel "out of the loop" and can feel "ownership" of the documents once created. From the information gathered in the interviews, the writer writes the procedure, reviews and edits it with the staff.
Structure
Before writing the documentation, it is important to determine the structure. It is a very common mistake to get the structure wrong and usually occurs in two ways. The first is having too many, too few or improperly structured levels of documentation. The second is structuring the documentation around the standard as opposed to the business.
A proper ISO 9000 quality system is written in three levels. Level one consists of the Quality Policies. This usually takes the form of a Quality Manual. Level two consists of the standard operating procedures. Level three refers to the work instructions, checklists, forms, and other task specific documentation. This is the structure which has proven successful the world over and is alluded to in ISO 100013. Some consider that records are the fourth level, but this is not the case. Records are evidence of facts and history; they are not documents that are maintained up to date. Once a form is filled and filed away it is not pulled out a year later because the format of the form has changed. The format of the form is a level three document but once filled in, it becomes a record. Yes, records are part of the "documentation" of the system but it is a mistake to assign them a level and assigning them a level serves to confuse the important difference between and procedure and a record.
There is often some confusion about what a quality manual is. Often, the company will bundle its entire quality system including procedures and forms into one manual and call it the Quality Manual. Although this is one possible definition, it does not help an organized structure. A Quality Manual is a document that describes the policies for quality, defines the structure of the quality system and defines the structure of the organization and responsibilities for employees. It does not include detail of operations and should avoid the specifics of procedures.
A typical Quality Manual would include several sections. First, it would define the structure of the organization. It might do this by including and organizational chart and by defining the responsibilities of key personnel. It would also describe the structure of the documentation used in the quality system. Finally it would reiterate each requirement of the standards and state briefly how they will be addressed. In many cases, simple acknowledging the requirement and stating that they will be met is enough. Again, the Quality Manual is not the place to describe specific procedures.
This brings us to level two. Level two refers to the procedures. These describe how the company operates on a department by department basis. Procedures typically do not include detailed task specific, or order specific instructions but focus on the management level information. How is the department organized? What information is received? What happens with that information? What tasks are performed? What reviews take place? And where does information go or get filed?
When writing procedures, it is important to structure them around your business, not around the standard. Too many organizations take the easy route by generating one procedure for each element of the standard. If you don't have a product identification and traceability department, then you shouldn't have a product identification and traceability procedure. This requirement of the standard should be included in your other procedures where it applies. Consequently it is clear that when procedures have been structured around the standard, the system has been designed to gain compliance, not to add value to the way the company is organized and managed.
Level three refers to the detail oriented, lower level documentation. This might include checklists, blank forms, task instructions, blueprints, drawings or order specific documentation. It does not include completed forms or other records.
Tools
Documenting an entire system is a sizable task. Before embarking on such a task, it is helpful to gather the appropriate tools. First, this means a current word processor. Having a modern computer and word processor will pay for itself in cost savings and avoided frustration. The modern word processor includes automated spell checking, grammar checking, and many formatting features.
Before diving into procedure writing, it is important to know how to use these features on your word processor. Before starting, experiment until you are comfortable using the word processor's features. By doing this, you will be able to incorporate these features into your first documents, rather than having to incorporate them later.
A variety of software tools are available to help generate and manage ISO 9000 documentation and systems. Generation software suffers the danger of leaving you with a boiler plate system, twenty procedures and focussing on compliance. Management software can be useful as the sophistication of the requirement increases. Managing large numbers of instruments internally might warrant calibration control software, for instance. However, considerable sophistication already exists in current word processors, spreadsheets and databases that come with your computer. These tools are often expensive, sometimes complicated and do not always yield the promise.
Format/Grammar
When writing procedures, there's no need to be Ernest Hemmingway. Writing procedures does not require creativity or a huge vocabulary. In fact, all of these things can hurt the process more than help it. The best procedures are simple, clear and concise. All you need to remember is to avoid passive voice and avoid excessive wordiness.
Passive voice makes procedures difficult to read, and should be avoided when possible. For example:

The Packing List will be signed by the Receiver and entered into the system. (passive voice)
 
The Receiver will sign the Packing List and enter it into the system. (active voice)

As you can see, the passive voice sentence is less clear and is longer.
Excessive wordiness or the use of complex words also makes procedures difficult to read. It is important to keep procedures simple and appropriate for their audience.

The Receiver will be cognizant of any discrepancy in the materials prior to signing the Packing List. (difficult to understand)
 
The Receiver will note any damage or defect in the materials before signing the Packing List. (easier to understand)

 
FlexibilityAnother common mistake when creating documentation is to create rigid procedures that are difficult to follow and maintain. Procedures should be written in a manner that they are flexible and don't paint you into a corner. Also, they should avoid hard references, complex numbering schemes and other unnecessary bureaucracy.
Several hard references are shown below:

If a nonconformance is found, the employee will document it according to SOP 4.14. rev 5
 
If a nonconformance is found, the employee will document it according to SOP 4.14
 
If a nonconformance is found, the employee will document it according to section 5.5 of this procedure.

All of these references pose problems. The first one references a procedure by number and references a revision. That means that every time the referenced procedure is updated, this procedure would have to change also. This is difficult to maintain and likely to be forgotten. The second one references the procedure by number only. This eliminates the revision problem, but is still subject to number changes. It is also difficult for the reader to follow. The third one may seem simple enough, but it may still pose a problem. If a section was added to the procedure before section 5.5, then the number would change and the reference would be wrong.
A more appropriate method follows:

If a nonconformance is found, the employee will document it according to the Corrective Action Procedures.

 
This is clear to the reader and is unlikely to require changes.Many companies number their procedures. This practice is not necessarily a problem. It does, however, have the potential for problems. The most common problem is the use of ISO 9000 section numbers ("SOP 4.5 - Document Control", "SOP 4.18 - Training"). This may deem logical, but there may be instances where there are several different procedures that address a single ISO clause. There may also be instances where a single procedure addresses several ISO clauses. How would these be numbered? In addition, the year 2000 revision of the ISO 9000 standard does away with the 4.X numbering system. This will make 4.X numbering systems obsolete. If your document numbering system is cumbersome, eliminate it. ISO doesn't require document numbering.
Finally, it is important to write procedures in a flexible manner so that they don't restrict your employees unnecessarily. In short, don't make a rule unless it's necessary.

The employee will retrieve the document and will stamp it in the upper left corner with a red "obsolete" stamp.
 
The employee will retrieve the document and will clearly mark it as obsolete.

The first statement would mean that you would have to train all of your employees to stamp in red in the upper left corner. You would also have to ensure that the employees have access to red ink and a stamp. Even after taking these steps, it is likely that the procedure often isn't followed. The second statement provides the same protection, but does not restrict the manner in which the employee complies. It is just easier to follow.
Conclusion
ISO 9000 documentation is an involved task - it has to be! Done properly it will add value to your business. Before embarking on your own documentation investigate the situation thoroughly and ensure you have expertise in the subject and time and resources to see the project through. It will save you a lot of time and effort.
Finally, do not make the mistake of starting with the work instruction documentation. This is the most common and wasteful mistake of ISO 9000 projects. ISO 9000 does not call for any level three, work instruction documentation, unless it is necessary - and if its necessary, it already exists. This type of documentation may add value by better defining processes or enhancing training, but you are not doing it for ISO 9000 compliance. Make sure you want it.

Start a Business As a Notary Signing Agent and Earn Money

A Notary signing agent is a person that is qualified as a notary public that has gained understanding and familiarity with the documents of mortgage loan after training or practical experience. A person like this will work as an independent or hired contractor for several agencies as well as a self-employed individual. He or she will receive assignments by making some advertising work as well as applying some marketing strategies.
The job of a notary signing agent consists of making sure the real estate documents are legally constituted and executed by the lender, that they are notarized and that they are promptly returned for being processed to the escrow or title officer. It is a significant service for the closing agents and for the borrowers as well because the transaction cannot be consummated in the lack of these documents.
The laws of the state will seek to preserve the integrity of the signatures in order to have the documents authenticated as well as to identify the lenders for the anti-money laundering regulation and for the tax reporting matter. This is a vital role of a notary, since there are many transactions that are only conducted by telephone or online.
The notary signing agent can travel to the office or home of the clients in order to execute the loan documents. It is a very useful thing to any person, since this will allow the borrower to avoid wasting time for driving to an office of an escrow agent.
The mobile notary signing is a convenience that permits the parties to be productive at a high level as reduce the costs of settlement in all the cases. The notary signing agents will discover that being mobile is much more preferred because the borrower will be able to review all the documentation at office or at home and this way the agency will not have so much paperwork to process in the offices.
The main duties of a notary signing agent include getting in touch with the customers, answering the phone, filing duties, networking, notarizing the documents, as well as marketing the services. If you want to become a notary signing agent you will have to pass an exam or a test at the governing agency that is established by the state you are a resident of. You will get a commission or a certificate that will testify you are a notary agent and that you have the right to legalize documents.
The main qualities you are required to have while being a notary public are patience and flexibility. You will always need to meet the deadlines you have settled with the client and you will have to be prompt and never postpone the appointments with the clients for no reason.

Debt Collection Robo-Signing May Be More Prevalent Than Foreclosure Robo-Signing

Last fall, mortgage lenders came under fire for a practice called "robo-signing," whereby employees signed thousands of affidavits attesting to the accuracy of financial documentation without truly investigating the documentation. This practice led to lenders foreclosing on people's homes without the proper documentation. It also, understandably, led to public outcry. People were being kicked out of their homes unnecessarily and unfairly, simply because of shoddy documentation.
It turns out that robo-signing may be even more prevalent in the debt collection industry than it is in the mortgage industry. As was recently reported, one of the country's largest debt buyers has taken consumers to court based on affidavits signed by an employee who had died in 1995. Although the debt collection agency subsequently said that the affidavits were supplied from the company from which they'd purchased the debt, the problem seems rampant.
For example, a New York federal judge has allowed a class action suit against a debt collector and a law firm to move forward. The suit alleges that the debt collector and law firm engaged in racketeering (violating the RICO Act) by robo-signing debt validation affidavits and obtaining judgments against consumers, then threatening to freeze their bank accounts or garnish their wages. The law firm named in the suit apparently filed more than 100,000 lawsuits against consumers, and is being accused of what's termed "sewer service," telling the court that it delivered the proper notifications to consumers but never actually doing so.
Why is this a big deal? Because these affidavits are supposed to provide supporting documentation that the consumer being sued actually owes the debt. Judges use this documentation to decide in favor of the debt collection agency. With a judgment in hand, the debt collection agency can then garnish a consumer's wages or freeze his or her bank account.
All too often, consumers don't understand the importance of debt validation, or the role that attestations can play in court cases. That's why some state attorneys general are investigating the robo-signing practice, and why the Federal Trade Commission has urged states to require debt collectors and debt buyers to disclose more information to consumers.
If you're a consumer who has been served with court papers regarding a debt, it is critically important that you request (in writing) and obtain validation of the debt. The information you receive should include information about when the debt was incurred, the name of the original creditor, and the amount of the debt. If the information you receive doesn't match your records, you should dispute the debt (again, in writing) within 30 days of being contacted by a debt collection agency. Filing a dispute helps you preserve your rights.
If you've receive documents that you are being sued in court regarding a debt, and you think the documentation is inaccurate, it's crucial that you appear in court and either dispute the debt or the validation process. If you find that your bank accounts are inexplicably frozen or that your wages are being garnished, contact a fair debt attorney immediately. You could be the victim of an all-too-prevalent robo-signing practice.

Why Should I Laminate My Documents?

It may seem obvious that people laminate documents to protect them, but did you know laminating documents can also enhance their appearance and save you money? This article describes a variety of reasons why individuals and businesses choose to laminate all sorts of documents.
Laminating document protects them in a variety of ways. As you may already know, it can protect them from warping and their ink from bleeding (rendering the writing illegible). It can also protect documents used outdoors from the sun and other elements and films with UV protection can help to prevent fading or discoloration. Lamination is frequently used to protect sales and marketing documents, keeping them looking fresh for each client who sees them. Restaurant managers rely on their laminators to produce menus that are shielded from spills and smudges caused by their waiters and customers. As you can see, lamination provides powerful long-term protection for your business, educational, and personal documents.
Laminated documents also provide a superior look because they make the colors in your documents appear deeper and brighter. It helps to increase contrast, making your documents easier to read. Plus, smears, smudges, fingerprints, and the like can be wiped right off so your documents maintain their professional look. Laminated materials simply look better for a much longer period of time.
Laminating documents can save you money. Because lamination stiffens your papers, you can make and reuse your own signs for use indoors and out. Lamination encapsulates and protects important images and text. You can use it to create your own employee badges or student IDs. Instead of hiring someone else to make signs and name tags, you can do it all yourself with a laminating machine.
Some popular uses for lamination include the following:
Education

• Banners and bulletin board decorations
• Posters
• Student IDs
• Folders
• Signs
• Maps
• Name labels for desks
• Staff IDs
• Bookmarks
• Visitor passes
• Emergency procedures
• Flash cards

Business

• Menus and placemats
• Magnets
• Opening and closing procedures and checklists
• Sales materials
• Contact lists
• Emergency procedures
• Client contact information
• Rolodex cards
• Telephone scripts
• Customer service reminders
• Signs
• Security codes
• Frequently used file folders
• Quick reference guides for software
• Employee badges
• Visitor's passes

Home

• Children's artwork
• Babysitter's quick reference
• Parent contact cards for kids
• Recipes
• Stain removal guides
• Emergency numbers
• Health information
• Luggage tags
• Crafts

Laminators are available in a wide range of sizes and styles. There are both hot and cold machines available. You can find the perfect hot or cold laminator for you by thinking about what sizes and types of documents you will most likely need to laminate. There are roll-laminators that are a popular choice for schools, pouch-laminators commonly used by individuals and smaller businesses, and cold-laminators that are very safe and portable. You can even purchase wide-format-laminators capable of laminating documents up to 65 inches wide. Any one of these options will help you to improve both the look and functionality of your documents and can be an extremely useful tool for your school, office, or home.

What Should You Expect From A Notary Signing Agent?

Most borrowers who have their closing conducted by a notary signing agent appreciate the convenience that we provide. They are able to stay at home, rather than having to drive many miles to a title company. Or they can sign their loan documents while they're at work, and not have to take time off. There are also borrowers who prefer to sign their loan documents at their favorite coffee shop or restaurant. And these closings can be done at any time of day or night. Even on the weekend. That's the real beauty of it -- the flexible nature of these types of closings.
But nothing is perfect.
Notary signing agents are independent contractors. We are not employees of the lender or the title company. We do not have intimate knowledge of your loan. We don't know what you discussed with your loan officer. Our knowledge of your loan is limited to the documents that we bring to you. And in many cases, we have received them just an hour before the closing.
We do our very best to prepare. But it's a lot to expect that we have read every single word of every page of your loan documents. We can tell you what the document is and the nature of it, but don't expect us to tell you the full contents of it. We don't have the time to read over 100 pages of loan documents before each and every closing. Many of the documents we are very familiar with. But occasionally there will be documents that are specific to your loan. We are not attorneys. So please don't ask us for legal advice, or to interpret the contents of your loan documents.
So what should you expect from a notary signing agent?
Convenience. That is primarily what we are hired to do. It's what we do best. Most of us are on call 7 days a week, and make ourselves available 24 hours a day.
We are willing to travel to remote locations. We are willing to meet with you wherever and whenever it's most convenient for you. We are willing to take as much time as you need to sign your documents. If you are pressed for time, we will try to conduct the signing as quickly as possible.

Sign-off Agreements

A Sign-off Agreement is simply a document both client and technology supplier sign at the end of a project. In essence, it signifies that a client is happy with the work they have paid for.
You could say the Sign-off Agreement officially marks the end-point of a project, generally trailing behind UAT (also called System Acceptance). Could you close a project without a Sign-off Agreement? Of course, you may be thinking this process is overly bureaucratic, and that may be true for certain situations.
So, what's the point of the Sign-off Agreement? One reason behind it is to give everyone involved in the project a sense of closure. I would say this idea of closure is a good thing, for one it gives the development team a feeling of achievement. Another important aspect is it sets up a boundary relating to version control (i.e. version 1 is done). The concept of versions for web software is somewhat meaningless because of the ease with which updates can be delivered. However artificial, versions can be good for creating dividing lines between a delivered software package, and its next batch of features.
Probably the best answer on whether you should use a Sign-off Agreement on your project is 'maybe'. It comes down to a few key factors; the type of project you have, the kind of client you are working with, and the situation. For instance, if you are dealing with a government body then a certain degree of governance and process is to be expected. As often as possible, do try and use a Sign-off Agreement, but if you are in a situation where you need to concentrate more pressing tasks, then this process is a good candidate for culling.
An important aspect of the Sign-off Agreement is to make a statement about your Software Warranty. This is where you say how long you will be fixing bugs for free, and also what your definition of a bug is. Another way to think of this is as a rudimentary service level agreement (but without any commitments on turn-around time). Failing to discuss the idea of Software Warranty with your client leaves things open to interpretation and can setup the wrong expectations (e.g. a client may just assume you will be fixing bugs forever). How many months should you offer a warranty for? I don't know, that is really up to you. I have seen 3 months, 6 months, but I also know someone who basically fixes bugs for free no matter how long ago the software was delivered.
I like to keep the Sign-off Agreement to one page since I believe people have better things to do with their time then read long documents. I start with my Document Purpose section so someone picking up the sheet of paper can understand what it is about within a few seconds. The format of Sign-off Agreement I use is not designed to be water-tight from a legal perspective, that is not its purpose.
Towards the start of the document, I have a block called Agreement Parties, this just makes it clear who the client is and who the technology supplier is. The statement about the Software Warranty follows soon after.
The bulk of the document is the Terms section. The main point here is to say that your company has fulfilled all its contractual obligations and that the client is happy with what you have produced for them.
Something you may wish to discuss in the document is a maintenance rate for feature additions post-launch (also putting a time limitation on this quoted rate). I will probably be moving away from this style of agreement in favour of more flexible system involving 'Maintenance Blocks', but this is a discussion for future, after I have had a chance to road test the concept.
The last part of the document is an area for one of your company representatives to sign and date, and an area for the client to do the same (it is called a sign-off agreement after all).
A good tip for using a Sign-off Agreement is to give your client plenty of notice before presenting them with the document. It looks kind of legal, so it may make a client feel as though they are being backed into a corner and are about to relinquish control over their project. It's important to explain what it is early on, for instance, just before or after UAT.

Understanding The Loan Documents

I read an article this morning on InmanNews, written by Ilyce Glink, entitled: 'Don't make this mistake when refinancing'. She gave some very good advice in saying that, no one should ever sign their name to a legal document without understanding exactly what the documents says, and what the transaction is all about.
As a notary signing agent, I see it firsthand: borrowers are so anxious to get the signing over with, or they're so distracted, that they don't take the time to read what they're signing. And very few of them ask questions. If they do ask questions, they are usually not the right types of questions to ask. She suggested to borrowers: "If you don't understand what is on the page, then keep asking questions until you do understand." I agree.
Reading every single word, of every single document, could make for some very long closings. I, for one, am not in favor of sitting through a closing if a borrower wants to take the time to read over 100 pages of loan documents, and try to decipher the meaning of every word they don't understand.
Nevertheless, I think that borrowers should take more time in understanding what it is they are signing. Even though they have a 3-day right to cancel, in most cases, I would venture to say that, very few of them actually take the time to read every single page of their copies.
A few days ago I wrote an article: Deed of Trust: 'Does anybody really read all of this?', in which I suggested that borrowers take the time to read this very important document. I dissected parts of the Deed of Trust and pointed out things they should look for. I have also written articles on other loan documents that the borrowers will encounter.
Which brings me to notary signing agents, and the role that we can and should play. There is a very strong mandate for notary signing agents to become very knowledgeable about all of the loan documents. Borrowers are becoming more and more skeptical (and savvy) as a result of the subprime fiasco, and they will want more time to read and understand what they are signing. And, if they take the advice of Ilyce Glink, they will ask more questions.

Legal Documents With Boilerplate Clauses - Purpose and Examples

Boilerplate clauses are provisions that do not relate directly to the particular subject matter of a legal contract but set out the respective rights of the parties during the term of the agreement and, in some cases, after the agreement is terminated. They are standard clauses drafted using commonly used and understood language, whose function is to save legal drafters time.
While many boilerplate clauses are common to most commercial contracts, some will not apply to a particular contract and others will need to be adapted to meet the particular requirements of the parties. Failure to include appropriate boilerplate clauses can come back to haunt the drafter if things subsequently go wrong between the parties and one of them finds itself unexpectedly disadvantaged. The purpose and effect of each boilerplate clause, therefore, must be understood as it applies to each individual legal agreement.
Below are some examples of commonly used boilerplate clauses and their purpose.
Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be varied only by a document signed by both parties.
This clause limits the parties' rights and obligations to only the provisions contained within the agreement. This means that neither party can claim to have acted based on any statement, discussion or document not expressly contained within the agreement.
Force Majeure
Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstance beyond their reasonable control, including but not limited to, acts of God, war, civil unrest or industrial action.
This clause prevents the parties to a contract from being liable in the event that circumstances outside their control stop them from being able to undertake their obligations under the contract.
Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
This determines the law of the country that governs the contract. In the event of litigation the jurisdiction is the country that will hear any legal dispute.
No Assignment
Neither party shall assign or otherwise transfer any of its rights, interests or obligations under this Agreement to a third party without the prior written consent of the other party.
This refers to the rights and obligations of a party to a contract and the ability or not of that party to pass on those rights and obligations to a third party. Often contracts have a 'no assignment' clause, preventing either party transferring their duties under the contract without consent.
Notices
Any notice required to be given by either party to the other under this Agreement may be sent by either email, fax or recorded delivery to the most recent email address, fax number or address notified to the other party, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
This provides the parties to a legal contract with an agreed method of communication and sets out the way in which parties should communicate, and the timescales, thereby avoiding dispute later on.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
If a clause in a contract is found to be invalid, illegal or otherwise unenforceable, this clause allows the parties to remove that clause and continue performing under the contract.

Article Source: http://EzineArticles.com/5463062

Presenting Loan Documents - 5 Easy Steps for Mortgage Notary Signing Agents and Title Closers

Presenting the loan documents does not mean placing the blank documents in front of your borrower and saying sign and date here. Many new notaries and title closers are told my uninformed trainers that they should not have to explain nor provide any answers to the borrowers. This is false. The Notary Signing Agent and title closer does need to provide some direction and factual data to the borrowers in order to guide them thru the signing process.
The closer who can do this most effectively will soon realize that appointments are smoother and take less time. The key to success here is to set the stage.
Step 1. Explain to the borrowers your role as a closer or signing agent. You cannot provide LEGAL advice or opinions on the loan product. You can only provide factual and general information about the signing and the loan documents.
Step 2. Explain that you are an independent contractor and as such are not familiar with their specific terms. You work for many lenders and your job is to verify their identity and ensure that they indeed are the true owners of the property and have the authority to sign as the individuals named on the loan documents.
Step 3. Verify that the loan does have a Right of Recession period and explain this to the borrowers at the onset so that they feel comfortable about signing the documents with you. I would say something like this: " Mr. and Mrs. Borrower, with this refinance transaction your will have a full three business day review period during which you can review and read the specific details of your loan. I will leave a full set of loan documents with you once we have completed the signing and notarization process. During the review period you may discuss the details of the loan with your lender or loan officer." Typically the owner occupied homes have a recession period. In another article we will discuss which loans have a recession period and which do not. More details on this topic is available in the Advanced Mortgage Notary Signing Agent Manual by Gerrie Pierre-Fleurimond.
Step 4. Present the key documents first. Select the HUD 1 Settlement Statement, Notice of Right to Cancel, First Payment Letter, Promissory Note and Mortgage or Deed of Trust to present as your first key items. Next, complete all the documents which require notarization. Follow up with the remaining documents reading the title and providing a 1 to 2 sentence synopsis of the document followed by please sign and date. The Truth in Lending (TIL) Should be presented last side by side with the Note to highlight the differences in Interest Rate vs. the Annual Percentage Rate which is typically higher.
Step 5. Retain the borrower's copies at you side as the last item presented. Never provide the borrowers with the second set of loan documents before they have signed and dated the set to be notarized and returned to the lender. After all the documents have been signed, review, notarize and make any corrections. Congratulate the borrowers on the loan and present the loan documents which they will retain as a copy. Make them smile by saying " Now this is your weekend assignment, to read every document in this package."

Presenting Loan Documents - Order of Importance

When a notary signing agent receives the loan documents for a closing, the documents are not necessarily in the order in which they should be presented to the borrower.
One might think that it doesn't matter. Just start from the top of the stack of documents and work your way down. Just get them signed. That's the objective. Right?
Not necessarily.
One of the things I do as a notary signing agent is try to put myself in the position of the borrower. When I'm presenting the documents, I try to imagine which documents I would want to see first. What would be most important to me. So I take certain documents and put them at the top of the stack. (I'll use a yellow sheet of paper as a bookmark so I know where to put it back when I send the documents back to the title company.)
The very first document that I present to the borrower is the HUD Settlement Statement. I have actually received a set of documents in which it was placed at the very bottom. It doesn't matter. It goes to the top. That document shows all of the important numbers, so the borrower shouldn't be kept in suspense. It's also a document that they are entitled to see one business day before the closing. That rarely happens. So the least the signing agent can do is show the borrower the Settlement Statement as soon as possible.
The next document that I go over is the Right to Cancel (if there is one for that particular transaction). I do this for a couple of reasons. It has been my experience that the borrower is more at ease with signing the documents if they know that they have that right. There's no point in pretending that they don't have a right to cancel by placing the document at the bottom of the stack. Don't worry. The borrower is not going to cancel the loan, just because you showed them that document. If they cancel, it's because they changed their mind and decided they didn't want the loan.
Another reason that it's one of the first documents that I go over is because, they will be getting 2 copies of it to keep. I place those copies in the envelope with the rest of the borrower's copies. That way the envelope is sealed and out of the way. I normally don't have to open it back up for the remainder of the closing. I want the flow of documents to go as smoothly as possible. The fewer the interruptions, the better.
There are some other key documents that I want to show the borrower. They are curious to know what their interest rate will be, what their payments will be, if they have an adjustable rate, a prepayment penalty, and a few other key terms of the loan. If these documents are not already at the top of the stack, then I will present the Note and Truth in Lending. I put a tab on the payment coupon because it shows the actual payment amount, when it's due, and where to send the payment.
There are several other documents that I will put a tab on. I try to anticipate what questions the borrower will have. So I want to be able to put my finger on that document. It doesn't have to get signed right away. Just let them see it, then put it back in the stack. Anything to satisfy the borrower's curiosity and give them peace of mind.
The main thing is that, the order in which the documents were received by the notary signing agent is not necessarily the order in which they should be presented. And changing the order can put the borrower at ease and make the closing go smoothly.

5 Signs Your Office Needs Online Document Management

Everyone is talking about document management these days, but do you really know what it is and if it's right for your office?
In a nutshell, online document management systems allow users to store paper and electronic documents together in a centralized, web-based repository. In the past, document management was more of a 'nice-to-have' software tool, but now it's becoming a business imperative, because missing documents, slow response times and non-compliance with record retention and privacy regulations can make or break a company these days.
Still not sure? Here are five signs that your office might be ready for document management.
1. Your employees cannot answer customer questions while they are on the phone. A client calls in and asks for a copy of their contract. How long would it take you to find it? How long would it take you to e-mail (or worse yet, mail) a copy?
If your answer is more than five seconds, you need document management. By storing files online in an organized manner, you can quickly locate - using keywords or index values - the right document and then e-mail it out. All while the client is still on the phone.
2. You have lost business or potential clients because documents have been lost or 'slipped through the cracks.' Have you ever misplaced a copy of a signed contract? Or lost a customer's quote request? When businesses have a document management system, new paper coming into the office is typically scanned in right away, so there is no chance you could lose an important piece of information. Additionally, electronic documents can be added to the online repository to put all documents in a centralized location for easy retrieval.
3. You open a file folder and find no less than five copies of the same document. This happens all the time. In fact, some estimates say more than 80 percent of information found in an office is redundant or unnecessary information. By scanning in paperwork and labeling it, you can immediately tell if you have duplicate information or what version of a document is most recent and delete the rest.
4. There is no room to add additional employees, because files and file cabinets are everywhere. If you have so much paper in your office that you can't add staff or in some cases, you have to move to a new location to support your files, you need a web-based document management system.
Whether you start scanning in your old documents and whittle away at the piles or merely stop adding to the growing mountains of paperwork, document management can help you eliminate the files and file cabinets in your office.
5. You've had to move some documents to an off-site storage location. This is a biggie. If you or your staff have to physically get up and drive to an off-site location whenever you need a document, you REALLY, REALLY need a document management system. By scanning documents into your online file cabinet instead of putting them in banker's boxes and driving them to the record storage center, you'll be saving money and time by making the documents accessible from any computer with an Internet connection.

What Are The Challenges With Protecting Electronic Documents?

We have seen a lot of problems with Adobe vulnerabilities. Adobe has been getting beat up with all the negative publicity in the past few months. Apple is restricting access to Adobe on their devices. Has anyone tried their remote desktop sharing? I wonder if some vulnerability will be release in that application. What is the real problem with electronic document sharing and what are some of the solutions? Adobe is just an example; the whole industry of electronic documents is finally coming into its own.
Problems with Electronic Documents
How are people accessing electronic documents and how are they signing them and verifying them? Well there are multiple companies out there touting secure signature applications for documents. When do you use these companies? Some questions to ask include:
1. When and how do you determine the importance of the document?
2. Have you implemented a data classification scheme for electronic documents?
3. Who has the right to sign and read these documents?
4. How do you track usage and distribution?
5. Is there a time frame associated with the life of the document?
6. Can you prevent screen scraping of the secured document?
7. What is the "hackability" of the secure document?
Signing an electronic document can be a challenge for the technology challenged. Some documents might trigger antivirus or malware protection applications. If some intrusion detection applications can read a document or data loss prevention applications do not have access, you could be blocked from that document. Convenience of use is a major hurdle for the adoption of secure documents.
Printing, modifying, viewing, and deleting these documents require all kinds of levels of authorization that is probably difficult to manage. If you can have a location based "bomb" in the document for when it left the organization domain, that would be an interesting play on data loss prevention. We know client side options are easily broken, how do we change the mentality of secure document management?
I do not see how secure documents make too much sense in any public forum. Its not worth the effort to worry about secure documents outside of a strictly controlled corporate environment. Different forms of watermarking have their place in identification but not much in control.
The most likely areas are in Research and Development, Legal, Banking and Healthcare. These should be the quickest to adopt a secure framework for electronic documents. Some industry standards need to be followed and a process developed that all companies can follow. This would make it into all the data loss prevention applications eventually and really provide some security.

Improve the Strategies For Mobile Notary Signing

In the situation you are a notary signing agent, perhaps you have wondered which the most suitable strategies for improving the business are. In order to get your business profitable in no time, you will have to know several useful things about this particular subject. The fresh mobile notary signing has to increase the level of experience he or she has for becoming a full time agent.
The very first thing you need to do for increasing the strategies for mobile notary signing is to take action. The services you will offer will not be found by people who need it if you do not advertise them properly.
Treat the mobile notary signing job as if it would be a full time job that has regular hours and sufficient time to rest. Never leave your job without completing your daily work only because you are your own boss.
You need to be available at any time someone needs your services. Do not pass any job because you think you will get another one tomorrow. You might lose an opportunity that you might regret later.
As we have mentioned above, the mobile notary public works mainly with the industry of real estate. The majority of the financial companies and the lenders require the notary services for having the notarized and signed mortgage or loan documents. Many people have no time to reach the office of a notary public and with the boosting development of the internet they prefer to call a mobile notary public at their own address in order to get the paperwork done.
There are plenty of mobile notary signing services in the country and as you can see there is a lot of competition. If you want to succeed in the business, you need to be extremely reliable and always keep the word you have offered to the client. Respect the deadlines and always finish the work on time. Never be late to the appointments with your client and try not to make promises you can't keep.
You will need several technical things in order to improve your strategies for mobile notary signing. First of all, a computer is more than necessary, since you will need to edit documents as well as keeping track of your work and communicate with clients by email. The next thing you need is a printer. You should preferably choose a laser printer that will be able to manage large print volumes every month. Lastly, you need a cell phone to keep in touch with your clients.

Selling a Real Estate Note, Is Your Real Estate Note Saleable?

As a Premium real estate note buyer I am often asked by note sellers if their note is saleable. I
can't stress enough to sellers how important it is to get the right information about your
note and payment history to the potential note buyer. The potential buyer can only determine
whether the note is what they want to buy if it meets the criteria they are looking for in
a note purchase.
There are, however, a few basics that all or most note buyers look for. First,the note must
be secured by legal means. Understand, the note iteslf is not legally binding to the payor
unless it has been filed at the county court house.
A mortgage is then created that legally connects the real estate note to the property. This
means that if the Payor (the person sending you payments on the note) ceases payments the
note is still secured by the real estate. What that means is you could recieve payments for
say, three years, but then the payments stop coming. You would still own the property and
have no obligation to return payments made to you against the note.
Without this mortgage to secure the real estate note to the property the note would be worthless.
Most note buyers are looking for secure places to invest their money for a long term return
on their investment. They need to know everything they can about the note to decide if it
will be a secure investment for them to make. Most note buyers want at least an 18% ROI when
they purchase a note.
The mathematics required to determine the ROI on a note are complex and include consideration
of the depreciation of money of a period of time. Quite frankly, a note loses value over the
course of time, and this is a factor the buyer must calculate into his equasion.
The longer a note lasts the more it's value drops because of this deprecation of money, called
the "Time Value of Money". To get the maximum amount of cash for your real estate note you
want to sell it as soon as possible after it is created.
look at the equity in your property. A higher equity can make your note more valuable. Other
factors will effect the value also. It is really hard to know what a buyer might BUY on any
given day, much less what they might PAY for it, even with fairly good looking facts and
circumstances on the history of your note.
Many note deals may take a lot of "engineering" to finally come up with workable deals -
deals that satisfy your needs as the seller... and meet the needs of the Buyer for security
and yield return.
The note buying market offers a broad playing field. All kinds of cash flows might sell...
and they might not! The only way to tell for sure is to list your note and all the facts,
telling the buyer EXACTLY what it is you have for sale (leaving no important details out)
then see what they are willing to offer you for your note.

Living Trust Documents - Declaration of Trust Property and Power of Attorney - What is Needed Part 2

Once you create your Living Trust Documents, you are not done. There are several supporting documents that must be drafted and signed along with the trust agreement. Each one of these documents plays an important role depending on the facts and circumstances of the trust Grantor and his or her life. In part one of this series, we discussed the Pour Over Will. This article discusses the Declaration of Trust Property and Power of Attorney.

• Declaration of Trust Property. This document has its origins in trust common law and serves two purposes;

1. It is the initial act of funding the trust by the Grantor. A trust is not valid until it is signed and funded with property. This document, signed under oath in front of a notary, declares that all property owned by the Grantor is transferred to the trust thereby funding it.
2. Its second purpose is to declare that the Grantor in conjunction with a provision in the trust agreement allows the trustee to keep property in his or her own name or the name of a nominee. The key to this provision is if the Grantor fails to change title to an asset, the trustee has the authority to do so. This is important if the Grantor is incapacitated or upon the death of the Grantor because it could potentially avoid an expensive probate.

• Power of Attorney. The power of attorney acts as a safety net to allow the attorney in fact to transact business on the assets of the Grantor. The significance to this is if the Grantor becomes incapacitated the attorney in fact can complete property transfers to the trust and avoid a potential probate when the Grantor dies. Our law firm uses a Limited Power of Attorney form only authorizing the attorney in fact to transfer assets to the trust to avoid any potential misuse or abuse.

If you are drafting your own Living Trust Documents, do not forget to include the Declaration of Trust Property and Limited Power of Attorney.

Web Document Management For the Pharmaceutical Industry - 7 Features and Benefits Worth Paying For

With the FDA's Critical Path Initiative paving a new road for various industries in the life sciences sector and the 21 CFR Part 11 regulation implicitly recommending the automation of quality and compliance process management in pharmaceutical environments, change is on the horizon for the burgeoning pharmaceutical sector.
Automation in the Pharmaceutical Sector

If your company, like other pharmaceutical companies, is considering the automation of GxP process, quality management, quality audit, compliance and document control processes, consider the following benefits that increased automation in the pharmaceutical sector should provide:

1. An increased ability for participants to virtually communicate regarding process information, documentation, etc.;
2. Full or partial elimination of redundant and iterate administrative tasks often associated with excessive man hours and spare amounts of actual production or achievement (i.e. using manual process to manage documentation essential to the approval and future of billion dollar drug compounds);
3. A more effective unification of quality departments with all other area departments (purchasing, manufacturing, etc.) in terms of understanding and real-time information. In other words, pharmaceutical professionals need to know how the processes they adhere to affect other processes throughout the company.

Achieving Automation Goals

To achieve automation goals, most pharmaceutical companies would do well to start by investing in a web document management solution that can be launched from the same platform as other solutions designed for the life science industries (i.e. GxP process control, quality management and quality audit solutions). The web document management software should also provide the following features and benefits:#1: A History of Successful Validation

Quality assurance professionals and other pharmaceutical professionals know the importance of reputable software validation. When searching for a web document management solution, pharmaceutical professionals should pay close attention to its validation history.
#2: Speed

Let's get real. The only reason any pharmaceutical company would even consider the purchase of a web document management solution would be to save money and time on the product-to-market pathway. If any given solution does not automate and increase the speed of document change processes, document approvals, notifications and document distribution, then the solution isn't worth consideration.
#3: Time Required for Installation, Implementation and Validation-Affects on ROI

Some software vendors may tout the strengths of their software and its immediate capacity for providing a healthy ROI. However, they may conveniently fail to mention that their installation, implementation and validation processes may stretch into 6 months, a year or even longer. Pharmaceutical professionals need to search for a web document management solution that provides a healthy ROI but that makes a clear statement regarding the time that will be required for installation, implementation and validation. A clear statement will allow pharmaceutical companies to make transparent decisions and effective planning for the upcoming transitions that are inevitably linked with the switch to automated document control.
#4: Configurable and "Off-the-Shelf"

If pharmaceutical companies prefer an off-the-shelf web document management solution, it must still be configurable to the unique needs of every company that purchases it. Some pharmaceutical companies for instance may not apply the same steps throughout a routing or collaboration process and the web document management solution should be able to reflect that.
#5: Tracking and Audit Trails

The web document management solution should also provide tracking and audit-trail features as well as sophisticated revision controls and reporting features.
#6: Electronic Signature Controls

To comply with 21 CFR Part 11, pharmaceutical companies must employ electronic signature controls. A web document management software solution that automates document signings routing and collaboration is highly recommended.
#7: Compatibility with Other Existing Solutions

As mentioned earlier the web document management solution should be launched from a platform that will allow for the future launch of other solutions. These solutions may include GxP process solutions such as software for deviations identification, nonconformance identification, quality audit, customer complaint handling, change control and CAPA solutions. A submissions management solution particular to the pharmaceutical industry is also highly recommended.
Conclusion

Pharmaceutical companies are in a period of great opportunity and should be implementing less administrative man power and more time into research and development. The right software solutions can allow pharmaceutical companies a greater opportunity to do so.