Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com - Welcome to the 123notary.com BLOG where you can read about every type of issue effecting notaries. Get notary tips, read humorous stories, learn the cutting edge ways to market yourself, and more!
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

April 20, 2018

A Notary sees a UFO

Filed under: Virtual Comedy Themes — admin @ 10:38 am

NOTARY: I saw a UFO, I really did, I really did.

SAL: Sure you did pal, we all saw it too…. not…

NOTARY: No, you gotta understand. I really saw it. It had lights and everything.

(The next day — the notary is coming home from an appointment. He sees lights and a UFO coming down from the sky slowly.)

NOTARY: Are you going to abduct me.

ALIEN: No, but can you like us on Facebook?

NOTARY: Yesterday, I saw a UFO on my way back from a Notary job, and nobody believed me.

ALIEN: We can do something about that. We’ll reverse the situation. He Quantum, get the memory erasing device.

QUANTUM: Here it is.

ALIEN: (zip sound) Go back to your home earthling.

(Then, the space ship circled around town making a huge profile of itself.)

SAL: Hey, did you see that UFO. Everybody saw it. You were right.

NOTARY: I don’t remember seeing it. I think my memory blacked out that night. There seem to be three hours missing from my day yesterday. I have no idea what happened. I just remember a cornfield.

SAL: What are those strange marks on your neck. Did they inject you with something?

NOTARY: Oh God. I’ll have to see that shrink and go into a trance to figure out what happened.

(The next day… the spaceship returns.

NOTARY: Are you going to abduct me?

ALIEN: Actually, we need these forms notarized. We have an intergallactic driver license. It is a government issued photo ID and expires in the earth year 3026.

NOTARY: Uh-huh. I cannot accept that partly because it has no issue date in earth years and also because you Aliens all look alike.

ALIEN: Hey, I resent that, I’m way better looking than Quazar over here even though I’m 300 years older. I’m actually 412.

NOTARY: Really, you don’t look a day over 399. Oh my God, what are we talking about. What am I doing here. But, if we can go into a time warp, California used to allow notarizing Jurats without ID back in 2001.

ALIEN: No problem, we have that technology but rarely use it. Unfortunately your seal would not have been issued in that date.

NOTARY: I kept the old one.

ALIEN: We are in business. Go and get it!

NOTARY: The main thing is that instead of me being the only one to see a UFO, this time around, everybody else saw it except me. Go figure.

Share
>

April 18, 2018

The World History of Notaries

Filed under: General Stories — admin @ 11:13 am

The World History of Notaries

If you are like most people, who have at least passing familiarity with notary publics. Indeed, odds are that if you are an adult, you have had to have some type of document notarized at some juncture. With that said, if you are also like most people, you know little about the functioning or history of notary publics. In fact, the history of these officials is an interesting jaunt through time.

Origins of Notaries

Notaries public tracer their origins back to the days of the ancient Roman Republic, even before the days of what is perhaps the better known Roman Empire. During this era, notaries went by different titles, monikers that no longer exist today. These included scribae, tabelliones forenses, or personae publicae. Sometimes notaries from this time period are referenced as scribes, although that title is actually more inclusive and covers individuals that include notaries but others as well.

The office of a notary in ancient Rome represented a type of scribe that rose in rank after distinguished service. Initially, at the bottom tier of scribes in ancient Rome were recorders of facts and judicial proceedings as well as copiers and transcribers to a learned profession prominent in private and public affairs.

As scribes moved upward, some were permanent officials that served the powerful Roman Senate. Other notaries were attached to Roman courts of law. These notaries had the duty of recording public proceedings, transcribing state papers, supplying magistrates with legal forms, and registering the decrees and judgments of the magistrates.

The End of the Roman Republic, the Birth of the Roman Empire

During the final years of the Roman Republic, likely at the time of Cicero, a new form of shorthand was developed. This new form of writing was called notae. A writer who adopted the new style of writing was called a notarius. Eventually, the title notarius was applied nearly always to registrars attached to high government officials. These included provincial governors and secretaries to the Roman Emperor.

Collapse of the Western Empire

A tumultuous even occurred when the Western Empire collapsed in the 5th century. During this time period, the notary retained his status as an important figure throughout continental Europe. This lasted throughout the Dark Ages.

The Renaissance

By the 12th century, civil law experienced its renaissance. At this point in history, the notary became what was considered a central institution. The position still exists in a similar manner today in many countries vis-à-vis their civil law traditions.

The office of the notary public reached something of a zenith in the 12th century in the Italian city of Bologna. The most distinguished notary of the Renaissance is said to be a man named Rolandino Passeggeri. He is more commonly known as Rolandino of Bologna. He is responsible for what is considered a masterwork that is called the Summa Artis Notariae.

The Development of Common Law in England

The institution or office of the notary public did not see its introduction in England until the latter part of the 13th and 14th centuries. Initially, notaries in England were appointed by the official representative of the Holy See, known as the Papal Legate. Ultimately, in 1279, the Archbishop of Canterbury was authorized by the Pope to appoint notaries.

During this time period, many notaries were members of the clergy. Over time, the clergy became far less involved in commercial transactions and notaries primarily were laypersons.

The Protestant Reformation resulted in no significant change in the position and functions of notaries in England. In 1533, the Ecclesiastical Licences Act 1533 was enacted. This law permanently terminated the power of the Pope to appoint notaries. The power to appoint notaries was in the King. The King, in turn, transferred that power to the Archbishop of Canterbury. The Archbishop then assigned the notarial power to the Court of Faculties and the Master of the Faculties.

From England to the United States

In England, notaries recorded matters of judicial importance and private transactions. This practice has carried forth into the United States today. A notary public in the U.S. is an individual appointed by a state government. The primary role of a notary today is to serve as an impartial witness when important documents or instruments are signed or executed.

The laws governing notaries public are enacted by the legislatures in each individual state. As a result, although there is a great deal of similarity in the functions of a notary public from state to state, there are some differences as well.

Jessica Kane is a professional blogger who writes for Faxage a leading company that provides Internet fax service for individuals and businesses.

Share
>

April 17, 2018

How often do Notaries end up in court?

Filed under: Technical & Legal — Tags: — admin @ 10:24 am

Notaries can end up in court for a variety of reasons. If the person you notarized used a fake ID and you did not thumbprint them, you are likely to end up in court. If a borrower is suing the Lender and wants to sue all involved, you could end up in trouble. If you explain something poorly and the signer feels you are denying a legitimate request for service and they miss a deadline and experience a loss — you can end up in court.

Here are some ways to increase your likelihood of ending up in court:

1. Not keeping a journal
2. Doing hospital or elder notarizations (even if you are cautious)
3. Not taking journal thumbprints
4. Not explaining notary requirements clearly to irate customers who will lose big bucks if you refuse them service.
5. Doing a notarization for someone who happens to be in a court building at the time of notarization (sorry, bad example.)

So, bad communication and record keeping skills are the prime reason people get in legal trouble as a Notary.

One in seven full-time Notaries who we have spoken to (rough estimate) have ended up in court at least once. Having good records makes it a lot easier for judges and investigators. So, when we ask you to keep a journal, we are not doing that just to put another burden on you. It is for safety reasons — your safety and the public’s safety.

If someone copies your seal and impersonates you the notary and notarizes something, if you don’t have a journal of what you actually did in real life every day — then you will not be able to prove to a judge that you did not notarize that phony notarization and you can get in trouble or even end up in jail. So, if you don’t like jail, keep a journal. That is a far fetched worst case scenario, but you could get in bad trouble. So, keep a journal even if your state says you don’t have to because the FBI doesn’t play games and neither should you. And FBI is FEDERAL and they work in all states regardless of whether your state requires a journal.

.

You might also like:

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

he FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

Share
>

April 16, 2018

State of the Notary Industry = slow

Filed under: General Articles — admin @ 11:56 am

Dear Notaries,
The Notary industry seems to be at an all time low. Snapdocs has slowed down a lot. 123notary is getting half of the traffic we used to get during our all time peak a few years ago. Notary Rotary is slow too.

Not only is the industry bad, but Notaries have lost their will to keep themselves up. They are studying less, having fewer standards for themselves, and being hopeless and lazy. It is sad. I want to list the best in the business, but there are so few people who are top notch these days. It is not that people cannot be top notch, they don’t want to be by and large.

We are getting fewer sign ups. Fortunately, we have low expenses, so we can withstand long periods of slow business.

In the long run things could change, refinances could pick up. Interest rates could drop. But, I am not expecting any boom in the next year. On the other hand, back in late 2012 things just picked up all of a sudden and were good for a year. So, keep your fingers crossed and your journal ready.

In the mean time, try to be brushed up on all of your skills and study from our Notary Public 101 course on the blog which is free!

Share
>

April 15, 2018

A Job Declined

Filed under: Ken Edelstein — Tags: , — admin @ 11:20 am

A Job Declined
Are you available for a “simple” job late tonight? Up goes my alert status. The caller used two vague take advantage of the notary words. When they say the job is simple it generally has more strings attached to it than a cat with a ball of yarn. Also, late tonight can have many definitions. So I reply with my standard request to know the What, When and Where and if there are any other aspects that I should know about. I’m glad I asked.

The affiant is flying in to Newark airport, not too far from Manhattan. The flight is due to arrive at 2AM; stretching the late tonight a bit. Location is not too far at the southern tip of Manhattan. The document is a simple one page affidavit. Once signed, and when I return home, I am to scan and email. The original goes via FedEx to my client.

OK so far, I quote double my routine fee (for 2AM) and mention the need for exact shipping address with company name, zip code and phone number at destination. Great is the response, we will send you the document in a few minutes. Just a moment please, there is one more aspect to making this work for both of us. My fee, plus the estimated FedEx fee is payable at this time. Do you mean that you want to be paid in advance? Yes, there are many things that can go wrong with this type of assignment.

The plane can be delayed, as is often the case in Newark airport. The affiant my have ID that does not match the document. The affiant may choose to not sign the document. Also, you are asking me to send you an invoice for my fee plus the FedEx charges. Thus, you want me to incur all expenses and wait for your law firm to add me as a vendor and process payment. I do not work that way and neither does anybody else. I can’t even order a T shirt and have Sears send it to me with an invoice for me to pay after receiving it.

Don’t you lawyers insist upon a “retainer” prior to doing anything for your clients? Well, it’s the same for me. The reason that I require payment in advance is to put all “risk” on your side. If any of the problems I mentioned above occur and I am unable to complete the project I truly doubt that you would send me a check. I guarantee to do my part, but my actions rely upon the assurances that you have given to me regarding the assignment.

It is the policy of our firm to process an invoice only after the work has been completed and received, inspected and approved. Well it’s my policy to receive, especially for this early AM, no affiant contact job, my full fee in advance; including out of pocket FedEx charges. Thus, while I certainly do respect your business policies; they conflict with mine. I must decline to accept your assignment. There are many notaries in Manhattan and 123notary, where you found me, lists quite a few more. A few phone calls might find someone who will accept your terms.

If it is close by, during routine hours, and the caller sounds “right” – I go for cash. It’s nice to avoid the PayPal deductions. But when there are “unusual” aspects, I require payment up front. To protect my calendar my phrase is that I do not put the task on my calendar until payment is received; the time slot will be held for 15 minutes awaiting payment. When complex or unusual jobs fail, due to circumstances beyond my control – they never want to send a check for “efforts”.

Share
>

April 14, 2018

Check to see if the signatures match

Filed under: Technical & Legal — admin @ 10:24 am

As a Notary, when you do an Acknowledgment, the signer does not need to sign in your presence (in most states). However, they need to appear before you and sign your journal. You must check to see if the signatures match the ID, journal and document. If they don’t, you have a big problem. Also, make sure the person looks like they do in their ID, and note down their ID information in your journal which of course you keep because you can get in trouble if you don’t keep one even in states that don’t require it.

Share
>

April 13, 2018

Some comedians look for notaries

Filed under: Humorous Posts — admin @ 10:39 am

Two comedy writers were looking for a Notary. But, they wanted to try all of the directories out just to compare, and then started making jokes.

JAKE: What do you call a notary you found on Snapdocs who is white and from the East Coast?

SULLY: I don’t know.

JAKE: A White Atlantic Snapper.

SULLY: Oh, you mean a White Anglo-Saxon Atlantic Snapper. At least you didn’t call him a cracker. What about an African SnapMerican?

JAKE: Good one. When I use 123notary, I drink Coke, but when I use that other site I drink Snapple. But, when I use the third site I notate and rotate between sodas.

SULLY: Good one. What do you call someone who administers osteopathic written exams?

JAKE: I’m stumped, but I bet the answer will crack me up.

SULLY: A chiro-proctor.

JAKE: What did the Red Snapper use to get into his safe?

SULLY: A Chero-kee?

JAKE: By the way, what is the first item on the menu for a cannibalistic Japanese restaurant?

SULLY: Just going out on a limb here, an edible limb. Ummm. Raw men? I guess that’s pronounced Ramen. It’s less fun when you pronounce it that way though.

JAKE: I was just thinking about that, you know when you buy ramen noodles you have a choice of chicken, beef, or oriental flavor. Isn’t that a little bit politically incorrect?

SULLY: Yeah, it should be Asian-American flavor. The flavor was probably invented in the 70’s before all of this PC stuff came into existence.

JAKE: Hey, did you know that the Atlantic ocean’s name is derived from the Mayan word for water which is “Atl?”

SULLY: No, I never knew that. Probably from Atlantis which no longer exists above water. Maybe it will come back. Then we can hire an Atlantian Notary.

JAKE: Cool…

Share
>

April 12, 2018

I’ve been doing this 20 years

Filed under: General Stories — admin @ 10:23 am

People who fail our test or who do not want to take our test hide behind their years. It is a cover up for lack of knowledge.

JEREMY: You failed my test!

NOTARY: Well sonny, I’ve been doing this for 20 years so I must know what I’m doing.

JEREMY: You don’t even know how to give an Oath or keep a journal. You not only do not know what you are doing, but you are endangering the public.

NOTARY: You’re mean!

JEREMY: You are worse than mean. You could get someone in financial or legal trouble from your ineptitude!

If you have been a Notary for 20 years, but only did one loan per year, that is 20 loans. That is why when I ask to know how many loans you have signed, I really don’t want to hear years. On the other hand, you could tell me number of loans and be mistaken or dishonest. On the other hand there are those who have signed ten thousand loans with their eyes virtually shut who don’t know their documents at all because they don’t read the documents and because the borrowers don’t ask questions that require the Notary to think.

That is why I think that a knowledge test is a better analytic than years, or number of loans. You can be in business for 20 years and know absolutely nothing. I’m not sure how that is possible, but I have many Notaries to prove that it is indeed possible. You can have signed 20,000 loans and know nothing. But, if you ace my test, you know something.

So, never tell people how many years you have been doing this. Hiring parties such as Title companies see right through this. It is BS. Tell them about the types of experience you have and be more specific. That will sound more knowledgeable to someone who has knowledge themself who is going to potentially hire you or list you on their directory.

.

You might also like:

How to negotiate signing fees like a pro
http://blog.123notary.com/?p=19198

# of loans verses # of years
http://blog.123notary.com/?p=19270

How many loans have you signed?
http://blog.123notary.com/?p=16559

Share
>

April 11, 2018

Letter to Donald Trump about the State of the Notary Industry.

Filed under: General Articles — admin @ 10:21 am

Dear President Donald Trump,
You have initiated this wonderful idea of draining swamps. I will inform you that the state of the Notary industry in forty-nine of the fifty states in the nation is a big swamp, except in Florida where it is more of a glade(s).

A well thought out political system should had a network of checks and balances. The minute an organization is not checked, it can run wild and get away with endless mischief or negligence. This is how I believe the Notary industry is at this point. The Notary divisions are generally not watching their Notaries, and the Feds are not watching the Notary divisions at all. The result is rampant ignorance, fraud and criminal activity on the part of Notaries generally done out of negligence. But, why should you or anyone else be especially concerned? In short:

Notary Agencies need to be regulated by the Feds to reduce the incidence of very damaging fraud, perjury, and general ignorance.

.

1. Journals and Property Fraud
If someone impersonated a Notary, the impersonator could sell one of your $300,000,000 properties without your consent and get the Deed recorded. Since in NY State, a notary is not required to keep a journal, the fraudulent sale would not have any particular paper trail back to the notary’s journal who was impersonated. Such an instance would cause immeasurable grief to you and all involved which is why it behooves Federal Law to include statues about keeping journals that all states must abide by or be fined, etc. Journals are very good record keeping tools for notaries, because the name of the individual signing, the name of the document date, time, etc., can be notated. But, a thumbprint can also be taken which can help find someone who gave a fake ID to a Notary. Fake ID’s do not surface more than 1/5000 notary appointments in my experience. But, if a serious act of fraud is done using one, you need a paper trail that can help investigators find the perpetrators. The journal can help prove who did what and when and help prove if a document was falsely notarized.

2. Perjury and Felonies
It is considered by some to be a felony if the Notary claims in writing to have given an Oath to an affiant when in fact they did not. Many Notaries fail to administer Oaths when legally required on a daily basis which means they could be considered a serial felon. A felony is a serious offence, and felons are generally barred from becoming notaries in all states. The fact is that none of the states bother to quiz their notaries on whether or not they administer Oaths, and whether or not those Oaths are relevant, or worded appropriately (or logically.) In my experience, 70% of notaries do not administer Oaths and the other 30% very rarely administer correct Oaths.

3. Mandatory Journal Thumbprints for Deeds
For Deeds affecting real property and Power of Attorney documents, a journal thumbprint can safeguard the transaction from serious fraud. Journal thumbprints are discouraged in Texas and Florida because the governments do not trust Notaries to be custodians of such information. It is feared that the notaries will engage in the unlawful distribution of these biometric data for fraudulent purposes. My opinion is that Notaries should be trusted as much as police, Attorneys, military personal and Judges. If not, then the notary should not be commissioned as a notary to begin with. Few states require thumbprints, but in my opinion all states should

4. Mandatory training and quizzing
Few Notaries know what they are doing (I quiz them which is how I know). Therefor, a simple solution would be for all states to have a Notary class, written test and hands on test. Some states have a day long class. However, I believe that to attain mastery of the Notary profession, between two to four days of class are necessary and should go over theoretical knowledge as well as hands on training. Mastery of what to do when an unusual situation comes up is also critical as Notaries are often asked to do unlawful things and should become experts at saying no to illegal requests. Notaries should also be able to discern between an unusual request and an illegal request because many notaries illegally decline acceptable requests which is a moderate problem. Additionally, Notary divisions should audit notaries from time to time when the Notaries are not expecting it just to keep everyone honest.

.

My request is that you require the Notary divisions to verify that:

1. All Notaries commissioned in their state keep a journal with thumbprints (will require changes to statutes).

2. All Notaries know how to administer Oaths and Affirmations

3. All Notaries know how to correctly fill out notarial forms completed

4. All Notaries know which types of typical requests are legal and which are not.

.

Since there are so many thousands of notaries in each state, this might be time consuming, but it is very necessary. Additionally, it would be beneficial to the industry to have:

1. A minimum fee of $25 per Notary appointment to ensure more applicants feel an incentive to apply for a Notary commission.

2. Fewer Notaries per state so that the states can pick those applicants with higher test scores to keep the average quality high

3. Official minimum fees of at least $25 for travel and $20 waiting time (if at a hospital or situation that merits more than ten minutes waiting time) that must be paid up front at the door to ensure that Notaries will not have their arm twisted to do illegal acts under the duress of not getting paid their travel fee (a very real issue which happens a lot.)

Thank you for your consideration.
Sincerely,
Jeremy Belmont
123notary manager

Share
>

April 10, 2018

Document dates, signature dates, rescission dates and transaction dates

As a Notary, you will undoubtedly be confronted with a variety of dates that all need to be clearly defined in conversation so as not to confuse yourself or the other party. Let me sum these up.

Document Dates
The document date is NOT necessarily the date the document is notarized. It is merely an arbitrary date normally created by the document drafter that might reflect the date the document was drafted, supposed to be signed, supposed to be notarized, or some other arbitrary date. There is no rule for when a document date can be.

Signature Dates
The signature date of a document is the date it was signed. If you have two signers signing on different dates, you might have what 123notary calls “a double date.” There are multiple questions involved in a double date. One is how do you date the rescission document if the date you signed a document is more than one date. The other far more important question is — who pays?

Rescission Dates
The rescission date is based on a date that comes CALENDAR three days after the transaction (= signature date) not including Sundays or Federal holidays. If you have two signature dates, you might have two rescission dates, one per person. But, if there is only one rescission date, it probably is based on the last signature (complicated.)

Transaction Dates
This is more of a glossary type term or test term. The transaction date is the date when the transaction happened which is based on the date of the signature. I ask people what the synonym is for a signature date to see how much they read.

Medjool Dates
If you go to a signing for health conscious people or Saudi’s, after the signing, you might get yet another type of a date — a Medjool date. These dates are typically grown in the Middle East, but also in parts of Arizona near Yuma

Hot Dates Q&A
If you steal a document, would the date on the document be correctly defined as being a “hot date” since it was technically stolen?

Dates and Journal Entries
A good Notary does more than his/her state’s minimum requirements for journal entries. There is a field in your journal for the name and/or description of the document. A good journal also has an optional field for the document date. I suggest you pay attention and write in the document date as it helps to identify a particular document and distinguish it from a different document with the same name signed by the same person. Sometimes the document date is the only way to tell them apart.

Dates and Notary Appointments
I once went to a Notary appointment with a date. I left the date in the car and came out $30 richer. She complained that I left her in the car too long, which is good, because that date would expire at midnight.

Please also read our previous article on the same topic. Read more…

You might also like:

Notary Public 101 Certificates!
http://blog.123notary.com/?p=19502

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Backdating from A to Z
http://blog.123notary.com/?p=2424

Share
>
Older Posts »