Public Notice Policies
I. Regarding Mortgage Foreclosure Notices
Detroit Legal News Publishing, LLC ("DLNP") is in the business of publishing a legal newspaper of general circulation. DLNP's business activities include the publication of news relating to the legal profession and of notices of legal actions and proceedings requiring publication in a newspaper of general circulation. Among such notices are notices of mortgage foreclosure for publication as required by applicable statute. The content of the notices to be published and the directions to publish them, are provided by customers based on information known only to DLNP's customers. When provided to DLNP, the notices are intended to be published, and DLNP receives them on that basis. In addition to publishing notices in newspapers owned by or affiliated with it, DLNP causes publication of legal notices to be made in other newspapers throughout the State of Michigan on a contract basis when publication in counties in which DLNP does not own a newspaper is required. In connection with its publication of notices of mortgage foreclosure, DLNP also manages certain administrative aspects of foreclosures of mortgaged property on a fee basis at the request of its customers.
This Statement covers information submitted to DLNP by customers for the purpose of publication and related foreclosure activities.
The information that is Confidential information or Internal Use information (as those terms are defined in the DLNP Clean Desk/Clear Screen Standard) shall not be disclosed to any persons other than those to whom DLNP considers necessary to effect a service that it has been instructed to perform or to facilitate or consummate business transactions with third persons. These persons include employees of DLNP, and its officers and legal counsel, and third person vendors.
If a client of DLNP directs DLNP not to publish Confidential information, DLNP shall order those to whom such Confidential information has been disclosed to delete the data from the hard drives of any individual PCs, laptops, notebooks, netbooks, tablets, pad PCs, PDAs, smart phones or other individual computing devices. Hard copies of Confidential information, including unpublished notices of mortgage foreclosure, are shredded in a controlled shredder. A record of such Confidential information may be retained as a separate file in the archives of DLNP as a normal part of its business practice, but accessible only by a password known to [Level A personnel], and managed by the Director of Information Technology. Employees of DLNP and third persons to whom Confidential information or Internal Use information has been disclosed are instructed not to make further disclosure of such information in any manner as long as it is Confidential information or Internal Use information.
The purpose of this policy is to retain privacy of unpublished information. Once published as requested by a client, the information published is no longer subject to privacy. Customers are expressly discouraged from sharing any information with DLNP that is not to be published.
II. Regarding Foreclosure Sale Documents
Foreclosure sale documents (sheriff's deeds and bidding instructions) delivered to DLNP are not Confidential information or Internal Use information. They are subject to safekeeping and due care standards applicable to all customer documents, but when delivered are intended for public sale and are not private. If DLNP is instructed not to deliver a foreclosure sale document to the selling officer, the documents shall be disposed of in the DLNP shredder. Supporting affidavits of DLNP and its vendors relating to publication and posting may be retained by DLNP in its files or provided to the customer, but are not themselves Confidential information or Internal Use information.
NOTARY AND AFFIDAVIT POLICIES
1. The person signing an affidavit must have knowledge that the facts shown in affidavit occurred. That person takes an "oath" that the content is correct and true.
2. The person signing an affidavit and the Notary Public who administers the oath (3 below) must sign the affidavit together in the same room at the same time.
3. A Notary should administer the following oath prior to the notary's signing an affidavit:
Do you solemnly swear that the contents of this affidavit signed by you are correct and true?
• When administering the oath, both parties should raise their right hand.
• NOTE: This is necessary only for affidavits - not for acknowledgements.
4. The date shown on the line "Subscribed and sworn to before me..." must be the date that the signer signs the affidavit AND the Notary signs the "jurat." If this is not correct as an affidavit form prints out, print out a new affidavit form with the current date.
• NOTE: The DLNP computer is programmed to prevent printing an affidavit of publication before the last scheduled publication date, but when it is printed, it will print with the date it is printed entered in the jurat. If the affidavit is not signed until a later date, the date must be changed. This is properly done by printing the affidavit with the correct date inserted, as instructed above.
5. The person who signs a document other than an affidavit or a certificate "acknowledges" that signing. See definition of "acknowledgement" below. The notary takes an acknowledgement.
• NOTE: No "oath" is required for an acknowledgment.
• NOTE: Signature of the document may occur prior to the acknowledgement.
6. The Notary "acts" wherever the Notary is when taking an acknowledgment or administering an oath.
• Where the property is located is irrelevant - the place where the oath is administered or acknowledgment taken is what matters.
• If the Notary has been commissioned in the County where acting, the Notary does not need to add "Acting in the County of [that County]," but it acceptable to do so.
7. The Notary must sign her or his name exactly as that name appears on the application for commission as a notary.
8. The foregoing are reminders of good practices and some statutory obligations. Each Notary is individually responsible for knowledge of and compliance with all statutory requirements for notaries.
Some definitions from statutes pertaining to notaries (MCL §§55.261-55.313) - emphasis added
"Acknowledgment" means the confirmation by a person in the presence of a notary public that he or she is placing or has placed his or her signature on a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she is placing or has placed his or her signature on the record with the proper authority and in the capacity of the person represented and identified in the record.
"Notarial act" means any act that a notary public commissioned in this state is authorized to perform including, but not limited to, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon oath or affirmation, and the witnessing or attesting a signature performed in compliance with this act and the uniform recognition of acknowledgments act, 1969 PA 57, MCL 565.261 to 565.270.
"Jurat" means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record.
The purpose of this Standard is to set forth the requirements to ensure that all work areas are clear of information, whether in electronic or paper form, classified as Confidential (Confidential) or Internal Use (Internal Use) when the work area is unattended.
This Standard applies to all DLNP employees who collect, generate, use or otherwise handle Confidential or Internal Use information. The protection intended by this standard is against disclosure of the subject information to persons ("excluded persons") who are not: (i) employees and officers of DLNP or its agents, legal counsel; (ii) customers and clients of DLNP ordering work to be performed containing the subject information, as to that information; (iii) public officials who receive the information to carry out the purpose of the information; and (iv) contracted providers of publication services. It is not intended to protect information that is a matter of public record through authorized publication in a newspaper, posting of notice, reference in a deed and supporting information, or recorded instruments. It is not intended to prevent the sharing of work within DLNP or to restrict the availability of information internally.
A. Confidential information is information that is not yet published in a newspaper or that is not provided to DLNP for release or transmittal to third persons, and that is further defined in this paragraph. Confidential information is information whose unauthorized use, access, disclosure acquisition, modification, loss, or deletion would result in damage to DLNP or its clients. Confidential information is intended solely for use within DLNP and limited to those with a "business need-to-know." When Confidential information is published or provided for release or transmittal to third persons, it is no longer Confidential information. Bidding instructions are not Confidential information.
B. Internal Use information is information which must be protected due to proprietary, ethical or privacy considerations. Examples of such information are identity validation keys/codes, employee information, DLNP operating information, information pertaining to customers or clients of DLNP, the disclosure of which would be damaging to DLNP or to the customer or client.
In management of Confidential and Internal Use information within the scope of this Standard, the following protocols must be observed:
• Users must "log-off" their computers when their workspace is unattended. It is a sufficient "log-off" if entry of a password or code is required to reactivate the computer.
• Employees working in areas accessible to excluded persons are required to use a password protected screen saver that automatically ends access to the information after fifteen minutes of inactivity.
* Users must "shut down" their computers at the end of the workday.
• All hard copy Confidential and Internal Use information must be removed from the desk and locked in a drawer or file cabinet at the end of the workday, and unless the desk is located in a secured area (admittance to the public is under physical or electronic control), when a workstation is unattended.
• Drawers or file cabinets containing Confidential or Internal Use information within employee-only areas must be locked at the end of the work day; and those outside employee-only areas must be locked when not in use or when not attended.
• Keys used to access Confidential or Internal Use information must not be left at an unattended work area.
• Laptops must be either locked with a locking cable or locked away in a drawer or cabinet when the work area is unattended or at the end of the workday.
• Passwords must not be posted on or under a computer or in any other accessible location.
• Copies of documents containing Confidential or Internal Use information must be promptly removed from printers.
• Documents containing Confidential or Internal Use information must be promptly removed from facsimile machines.
• Photocopiers must be switched off outside working hours.
• Each customer or client of DLNP shall be assigned a password and file number that must be used to access information in possession of DLNP.