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Unauthorized Practice of Law Committee

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Unauthorized Practice of Law Committee RHODE ISLAND SUPREME COURT i . UNAUTHORIZED PRACTICE OF LAW COMMITTEE IN RE: WILLIAM E. PAPLAUSKAS, JR. UPLC 2015-6 l A endix Vol. II Table 0f Contents i Exhibit 1 Complaint (dated August 5, 2015). Exhibit 2 Notice 0f Complaint t0 Respondent (dated February 29, 2016). Exhibit 3 Response to Complaint (filed on March 15, 2016). Exhibit 4 Notary Held Harmless form. Exhibit 5 Affidavit of Vincent Majewski. Exhibit 6 Affidavit of Rebecca Majewski. ‘ . Exhibit 7 Subpoena from Committee to JPMorgan Chase Bank. Exhibit 8 Subpoena from Committee to ServiceLink. Exhibit 9 Records produced by JPMorgan Chase Bank in response t0 subpoena. — “A11 Terms Met.” Exhibit 9, pg.13. - “Signature Verification Affidavit.” Exhibit 9, pg. 14. — “Signature Verification Page.” Exhibit 9, pg. 15. - “Borrower’s Identification Statement.” Exhibit 9, pg. 16. - “Errors and Omissions/Comvliance Agreement.” Exhibit 9, pg. 25. — “Mortgage.” Exhibit 9, pg. 47—73. 9/5/2618 8:51 AM . Exhibit 10 Records produced by ServiceLink in response to subpoena. - “Settlement Statement, HUD-l .” Exhibit 10, pg. 78—81. - “Truth in Lending Disclosure.” Exhibit 10, pg. 86—87. - “Note.” Exhibit 10, pg. 90-92. - “Uniform Residential Loan Application.” Exhibit 1 0, pg. 93-96. - “Request for Taxpayer Identification Number and Certification.” Exhibit 10, pg. 99. - “Request for Transcript of Tax Return.” Exhibit IO, pg. 104. - “Document Correction Agreement.” Exhibit 1 0, pg. 108. - “Lock—In Ageement.” Exhibit 10, pg. 109-1 10. - “Acknowledgement of Receipt of Appraisal/Evaluation.” Exhibit 1 0, pg. 11 1. - “Notice ofNonrefundabilitV of Loan Fees.” Exhibit 10, pg. 117. - “Mortgage Commitment Letter.” Exhibit 10, pg. 118-120. - “Initial Escrow Account Disclosure Statement.” Exhibit I 0, pg. 125. - “Tax Information Sheet.” Exhibit 10, pg. 126. ' - “Settlement Agent Fee Sheet.” Exhibit 10, pg. 131. — Exhibit 11 General Laws 1956 § 19-9-6. (Lending institutions Title attorneys.) Exhibit 12 General Laws 1956 § 42-30-8. (Powers of notaries.) 5 Exhibit 13 Standards of Conduct for Notaries Public in the State 0f Rhode Island. Exhibit 14 Federal Trade Commission/Department of Justice Letter re: é Proposed Bill H. 7462 (dated March 29, 2002). i I 9/5/201 8 8:51 AM Exhibit 15 Federal Trade Commission/Department of Justice Letter re: . Comments 0n the American Bar Association’s Proposed Model Defmjtion of the Practice of Law (dated December 20, 2002). 9/5/2018 8:51 AM ” [I JohnAPaghan‘maJl‘Esq; ' .»'.‘.‘ ’ . _j‘j0hn@1'nggg.com, I ' -~ Lawoffice ._ :j 5 . ,. ,5. .j~ ~ ~3913.-Main-Rbad,'Suite‘E . I.- ' “ Ha‘leyl‘ico‘m’Esq "Q‘tIfiej'tdn, ..C j" hdels'landQZSW-‘g .hfilléyCQIaWBEQR-wm}: - t ' .~ .' ‘ z . x :1. ‘ 2': “ : fr: ~, ‘ . 2‘ M .' 5: ..:....N t. _, ... N ~ . ' . U II. nicflf‘g‘... ’35&5 ‘~ .' C/thrslndSuprmCurtCIk izsu‘Bgngefitjsqeer w - m3 . ‘ ‘ u; v .. , : . ~ . ~o , ‘ ‘JJJJ310:2: Ptoviden‘éamodeIsland.02903: ' . _. .I‘ v.3" ‘ .A ‘1. ~ m. .r .l: .l: ~ h: ~ : l. ‘ l . ' ‘ . s I ’: “'fl. .I.‘~: £23: .. “w. ~U...'-"z‘: . :- ‘. 2'... h h fl. i: :4: .. K § fl ‘w’ h rgf: _ i " ifésfiéétfiai&"réquésitheUPLCommaee sigma" ' .. William EfRapléiuska‘s;Jt-xNQtary Public. ‘Z‘ .5 _ ‘ _ . ‘..;fof528‘NénnaquaketRo‘ad;Tive1¢éh:,-.Who~?vérenotprj'e‘sefitMy Qffibe required rgprgsémeidvth'e'ifite‘restg’Qf‘th'e A... ddcfime'nfs‘. Seller. - ':‘. ‘-', Mr. MéBuyérs a_n'd'fiadfitgviofislyzeXeputed‘éI} ' PaplaUskas anxioiggdgd égd.thgirlie'altqgr-:appe'a1'ed~'és'did’WilliamE. ~~ :‘flia‘t He. L :. he' was 'Wéuld‘fie ‘ " in‘po'sseséion‘ofthmgsing Papla'ufikas,‘:Tr2 .' Cbriductingithjc}Closing}:MLPéplgfislgas décuméhts'fidm g. M ~and'fidf'é‘ficepsed’afipmfiy: t'he.L..éndzer.and.:. ' 1hé’n s "aslfiligl_flle.Bfiyersitgéxgéuieja statedzghafihfi Wéslia . NotaryPubhffi ~ dobpfiégt’digclg‘sihg: tvl'iqs‘amex. ‘. " f . (4'01) 8165160 offié‘e" (491)816-5125 ‘3 fapéjrirméf} M. AM“---—— 9/5/2018 8:51 . I . , w _ -. _ f Notw1thstand1ng Mr Paplauskas dlsclosure form he acted m the customary capac1ty of an "'- A ' 'f-aftom'eY a'nd explained compl‘éx legal documents tQ th'e Buyers In addltio'n I rajse the followmg .:- ~‘. ”i'pomts th‘e .. ‘ that when Vlewed 1n their. entirety, should lead fins Honorable Commlttee to ' ~, - :conclus1on thaI only an attomey s'ho'uld conduct reaI estate Closmg transactlons in Rhoda Island . ’ I :' ...._ '21:. Attorneys are requlred to mamtam Malpracnce Insurance, Notary Pubhos are not ’. the" h'a's a‘ 2 It. 1s reasonable to ponder what 1eco11'r‘se Buyer agamst Notary Public should the defa'ult the Iqan'securmg 1116 purchased wefe not Buyer on property c1a1m1ng they “—"H—‘—'—.-: I "" ' 7 ' properly informed or ifIhe' Notary Pubhc faded 10 dISclose that there was a-l’re— ,- Payment penalty ‘ - - -_. 3.;jAttomeys h‘o1c1 deeds ésc'fow until they are recorded, usually that (13y Mr " 1n ' ' h'as n'o 1 - Papauskas Such requlrement 10 maintam an esctdw account . - 4. Cl'osing' attorneys ane. subject to 'oversig‘ht by' fhe' Consumer F111ance Protectlon -'.' "‘-Bur'e'_au and the Rhode-"Island 81111181110 Court for su0h~ mat'te'rs a's secunty ofnon— ~ ' ' public private Paplau'skas no't hav'e , mformatlon, Mr. d0es oversight. 1 j any A N01ary ' " Public Will have' a copy 0fthe Bnyers L0'an' Apphcatlon (Form 1003) 1n the" Closmg this 'i‘onn cnntam's the Buyers entire fisc'al' ered1't h1story meludmg all ' ipackaga an(1 -~ 'j:_‘.@cc0unt and credit card numh'ers. ,. _ subjec't 'hy I .5. 1. Closmg attorneys are t0 oveISIght the Consumer Finance Protectlon f... '~ ~- as’ : -_~ Bureau and Ihe Rhode' Isla’nd Supreme Cburt for such matters neghgence and ' ' .___ ‘ ‘ - malfeasance Mr. Paplauskas does nothave any overmght . “—'—'.— " ' ' " "’ ’— f: lei'I'. 6 Mr. Paplauskas the Clesmg' W11h0111 completmg the Settlement Agreement the I: ‘ " W-h'en F'Sefilement Agent’s blank. .‘q11e1’ied5 Paplauskas , ' block j'. signature was left M13 13' f replied ”that the Lender Would fill that s'ecti'onin 'Local eusto'm that the attorney Whp dishnrse's. ls ”(he Settlement Agent' 'a'n'd- that he Witnesses slgnatures ' funds Ihe 0f '~ ' ‘ ‘a the p@‘1'hes. Executmg d_oeument, a_s-Settlement Agent, When yo‘11 Were not 1n. '~' - at' attendance Closing ls anunacceptable practwe .. the 1 ' 71': M1. Paplauskas was n01 the dlsbursmg agent; an act.customary performed hy' an -. 0‘1 . attorney. title Assummg' the title p10v1de1 was duly licensed" . company. m Rhede ' 1' Isla'n’d; .this raises the q'uestion 01‘ adherenCe 10 0111 local 1eq1111e'ment Q'f IOLTA' ' th'e 'Bar' .. interest being” ‘sWept’ by RI AsSociat1'0'n 01-the per diem' inteLest being .Caleula'te'd and 1eturned' 10 the Buyer. Having nonrhcen'sed attorneys, 01 fe're'ign entities ceriduct an'd disburse Closmgs undermines the intent a'n‘d' 'th'e Control 'over ' ~ - comphance Wlth the riules of esc10W accounts . \ '18; ~. By alleWing non—attomeys 10' conduct Closmgs, a hcensed Rhede' Island attorney is.- difficult predICament I to 'o've'r dee'd ‘ a awkward had an executed , p1aee(1 m and 111m 1 ' ' - not' non-pubhc personal a P1113110;- 101d he .. ; anc1 infennatibn IWas did . j: 10 N01a1y knew : 9/5/201 8 8:51 AM . .,~ . 1 - . ....~___ _..' .. v i" u" . When- it would be recorded and that he d1d not the s know When Seller fimds would be . ‘_'__ dlsbursed .. .. - By a1] accounts Mr. Paplauskas perfonned the’ acts that a hcensed Rhode Island attorney would a'nd ' His adv1ce may have been true conect however, When vieWed m totahty, it ls mcumbent ' " 10' 'C'lo'Sing's 'j- this 1e'al Sst‘at'e 11'1 '.'-".. - _11p011 Honorable Cdmxmttée find that RhodS. IS1a1'1d' 1111131 11S. -‘ 2‘ performed officmted dlsbursed and otherwme conducted by a‘ 11oehsed attorney fa.1 As the purchase of a 1101116 1S usually the Iarg‘est- purchase Of a persofi’ s 11fe, the secunty of ~ 1 .. having a_ licensed attorney, Sublect to sanctio‘n d1301phne ' and perform the Closmg 1s wamanted a11d"1s -'truly-' a consumer protecuon matter ’ .~.' Respectfiflly submltted I JohnA Pagllarml, Is $q-’f ' Contactlnformatmn " -. ,E'sq.. ‘6237’ 1 JohnA Paghanm, Jr z Attorney 'At Law . 391-3 SulteE . j MamRoad, ‘ .; Tiverton, Rhoda Island 02878 ‘ - (401) 816—5100 " (401) 816 5175 fax . '2": 1ohn@lawpag co11'1 ~ :WflhamE Paplauskas, Jr ‘ ~ 1 ngotar'y. Public. ~ .~ j13QHig'h1and Street ' - ‘Cianston', Rhode ISlarid 02920—1739 ‘- . .~. 714 0476 . 11491) . S i (401) 714 0476 fax '. 13111 a verizoh.net- 9/5/201 8 8:52 AM supreme Court Licht Judicial Complex ~ q ' ‘. 250 Benefit Street ‘ Unauthonzed P1 Iacme ofLaw Commztz‘ee Provi deuce, RI 02903 g February 29, 2016 William E. Paplauskas, Jr. 130 Highland Street I Cranston, RI 02920—1739 Dear Mr. Paplauskas: Please be advised that on August ll, 2015 the Unauthorized g Practice of Law Committee of the Supreme Court received the ‘ enclosed complaint alleging that your involvement as a notary and closing official in a Rhoda Island real estate transaction violated R. I. General Laws §11—27—12. The complaint was filed ~ u by attorney John A. Pagliarini, Jr., who represented the sellers . ; at the Closing held in his office in Tiverton, Rhode Island on July 21, 2015. After a investigation by screening committee it has been. , determined that there is probable cause that the conduct f described in the complaint constitutes the unauthorized practice = of law. ) Accordingly, the committee has voted to conduct an investigational hearing pursuant to its rules. That hearing . I will be held at 2:00 P. M. on April 13, 2016 at the John i Bourcier Conference Room, 7th Floor, 250 Benefit'Street, . Providence I In accordance with the rules of the Committee, you are i required to file a response to the Complaint with twenty (20) - days of the date of this letter. 'Any allegations contained therein that are not denied shall be deemed admitted.
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