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March 16, 2019

Wells Fargo Power of Attorney Form

Filed under: Uncategorized — admin @ 9:59 am

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Wells Fargo as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Wells Fargo might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Wells Fargo Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Wells Fargo Power of Attorney Form?
Once again, please contact Wells Fargo customer service.

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Other Links:

Legal Zoom Banking Power of Attorney Information
https://info.legalzoom.com/gain-access-bank-accounts-power-attorney-25538.html

Finding out your Power of Attorney is powerless — NY Times Article
https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html

How do you get a Power of Attorney document?
http://blog.123notary.com/?p=20785
Power of Attorney (string of blog entries)
http://blog.123notary.com/?tag=power-of-attorney

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January 28, 2019

Can a Notary Act as a Witness?

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

Credible Witnesses — the ins and outs
http://blog.123notary.com/?p=19634

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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December 19, 2018

Beginner Notaries 103 — Additional Reading List

Filed under: Uncategorized — admin @ 12:52 pm

Are you starting out as a mobile notary and don’t know which direction to turn? We know where you should turn and what you should read. So, indulge yourself in this reading list.

How to write a great notes section if you are a beginner

How to write a notes section if you are a beginner

Notary information for beginners — best posts

Notary Information for Beginners – Best Posts

Why you should consider getting 123notary Elite Certified

Why you should consider getting 123notary Elite Certified.

Real Life Notary Scenarios

Notary Public 101 — Real Life Notary Scenarios

The 123notary 30 point course
http://blog.123notary.com/?cat=3442

Signing Companies that hire new Notaries

Companies that will hire NEW signers!

How to become a successful mobile notary from scratch

How to become a successful mobile notary from scratch

Is having an NNA background check necessary for work?

Is having an NNA background check really necessary to get work?

How to write a notes section if you have no experience

How to write a notes section if you have no experience

5 or 6 reviews doubles your business

5 or 6 reviews doubles your business?

A comprehensive guide to Notary pricing

A comprehensive guide to Notary Pricing

How do you create a seamless Notary experience?

How do you create a seamless Notary experience?

10 ways female notaries can protect themselves

10 ways Female Notaries can protect themselves

Signing Agent Best Practices

Signing agent best practices: 63 points

Basic technical information for new Notaries

Notary Information for Beginners – Best Posts

Cattle Call Notary Offers

Cattle call Notary offers

$30 loan signings — is it worth it?

$30 loan signings. Is it worth it even in the best of circumstances?

2014 excerpts from great notes sections

2014 excerpts from great notes sections

Wannabe #1 on 123notary? Consider this first

Wannabe #1 on 123notary? Consider this first!

What’s your monthly marketing plan?

What is your MONTHLY notary marketing plan?

Names for Notary businesses with commentary

Names for Notary Businesses with Commentary

Tips for avoiding liability with the elderly

Tips for avoiding liability with the elderly

How much E&O do I need?

Do I need $1 million (E&O) insurance to get more Notary business?

Who is the authority at a signing?

Who is the authority at a Notary Loan Signing?

What’s your sign? A guide to spotting fake ID

What’s your sign?

Winging it as a Notary

Winging it as a Notary

If you are named as an identity theft conspirator, you could pay $20,000 in legal fees

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees

13 ways to get sued as a Notary

13 ways to get sued as a Notary

10 risks of being a mobile notary public

10 risks to being a Mobile Notary Public.

Airplane meals vs. Oaths and Affirmations

Airline meals verses Notary Oaths & Affirmations

Ken’s list of things Notaries might goof on

Ken’s list of things Notaries goof (or might goof on.)

Most of what Jeremy and Carmen at 123notary offer all day is free!

Most of what Jeremy & Carmen at 123notary offer all day is FREE.

When to refuse a notarization – a comprehensive guide

When to refuse a notarization: a comprehensive guide

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December 4, 2018

Doing Oaths? Use a multiple choice form to pick a deity!

Filed under: Uncategorized — Tags: , , — admin @ 10:40 am

The politically correct movement has swept the nation. Even in places like Alabama, people are shying away from the mention of God and doing Affirmations instead of Oaths. The problem I have with this is that there are customs involving Oaths that make the Oath formal and solemn, and by doing away with these customs, in my opinion, you undermine the whole Oath experience.

A traditional Oath is done with the clause — so help you God at the end.

Nowadays you can pick your favorite diety in an Oath, or at least that is what many Notaries feel. The way I teach Oaths, you can only swear to God and nobody else. If you don’t like God or the mention of God, then try an Affirmation which has you affirm on your honor. The picking of divine entities bothers me because the Oath procedure becomes a free for all. It is like Gay marriage. Now a man can marry a man, woman, sheep, or even a lion in some states (just kidding.) Below are some examples of this convoluted change in Oath procedure.

NOTARY: I am going to administer an Oath to you. So, I will need you to pick a deity to swear to. For me to do the Oath verbiage correctly, please let me know your choice of deities in advance. For God press A, for Lord Krishna press B, for Muhammad C (although that would be forbidden in Islam to swear to anyone other than God), and for Shinto-Man press D.

SIGNER: I don’t really care.

NOTARY: Oh, I am just being sensitive. Do you have a preference?

SIGNER: I’ll pick Ganesh for $50.

NOTARY: I don’t think Ganesh is for sale, but here goes. Do you solemnly swear that the contents of this document are true and correct so help you Ganesh?

SIGNER: I do. I swear by his tusk. He’s an elephant so I assume he has a tusk, unless he was detuskified.

The ironies of these types of Oaths are that the Notaries put so much effort into avoiding offending the Affiant (a word most Notaries do not even know) that they fail to maintain the legality of the Oath by giving off-topic Oaths perhaps regarding whether or not you signed the document on your own free will, or if your name is really John Smith. The Oath must be to the truthfulness of the document as a primary focus. But Notary focus is on politically correct nonsense these days and not on the law. If there were a prison for Notaries who break the law, I would put them in a very politically prison where they are referred to as Notarial-Americans instead of Notaries.

Here is another example. The signer is being particular about his preferences.

SIGNER: I need an Oath.

NOTARY: Oh, would you like to have an Oath under God, or some other diety.

SIGNER: Is it possible to swear to Vishnu because I am a Vaishnav.

NOTARY: A what?

SIGNER: A Vaishnav is a type of Hindu that believes in Vishnu just like a Shivite prays to Shiva.

NOTARY: Who?

SIGNER: How can you administer an Oath to me for a God that you don’t even know the name of?

NOTARY: Okay… Do you solemnly Affirm under the supreme rule of Vaishoo…

SIGNER: Not only did you mispronounce the name of my God, but you don’t even know the names of the words in a real Oath. In an Oath you swear not affirm, and in an Affirmation you affirm, not swear. You can’t just mix-match the words any way you like. The minute the word swear is not there, it is no longer an Oath.

NOTARY: Yes, but they are legally the same.

SIGNER: Be that as it may, I have the right to choose the type of Notarization, and you re-chose a different act on your own initiative which is not legal. If you spent more time following the law and less time playing multiple choice with deities you might be a better Notary. You might even become a law abiding Notary!

NOTARY: You’re rude! But, we’ll do the Oath again. And the deity of the day is Jupiter. I want to do a Greek God today.

SIGNER: Doing Oaths is not like deciding what type of dressing to put on your mandarin salad. This is a legal process and there are rules. You might not know what the rules are, but there still are rules. I am reporting you to the Secretary of State. I am sick of this nonsense. You are commissioned to do notary work, yet you don’t even know how to do the simplest acts. Unbelievable. My Vishnu… Ooops, I used the lord’s name in vein.

NOTARY: Don’t worry, I won’t report you.

Jeremy’s advice
Unless you have read up on your state’s laws and know which Gods are admissible for an Oath, stick to God, the founder of the universe. And in an Affirmation have the Affiant affirm on their personal honor. That is how I teach it and it is simpler that way. You may not think anyone is checking up on your when you are doing Oaths — but, God is, so use his name if you do an Oath. And if someone doesn’t like mentioning God, do an Affirmation. And remember — if they are Unitarian, the last time God was mentioned was when the janitor hit is thumb with a hammer.

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You might also like:

Airline meals vs. Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

Should you give book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Oaths – how Notaries completely screw them up
http://blog.123notary.com/?p=19369

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October 25, 2018

Studying is dying with a “stu.”

Filed under: Uncategorized — Tags: — admin @ 10:10 am

After getting so much flack for trying to get our certified members to study a bit more, my idea about how Notaries see education has changed. I thought that most Notaries do not like to study and do not know their trade well. However, even the certified and elite certified Notaries do not like to master their trade through studying.

Most Notaries would rather lose the prestige and honor of our certification to save themselves from the dreaded task of reading my materials for an hour. In short, they would rather die than study. The pain they experience is so intense that I’ve decided that for Notaries in 2018, studying is dying with a “stu.”

The sad fact is that not studying and not knowing your notary work well is not only offensive, but dangerous to yourself and clients. There is legal liability being a Notary. You can cause financial damage to yourself, Lenders and borrowers by goofing on your Notary work.

You might notarize someone with a fake ID and get called into court.
Someone could illegally change a certificate you created and add or change information.
Someone could copy your seal and pretend to be you.
You might get a package in late and cost someone their lock.
You might identify someone incorrectly and it might be a different person.
You might not follow instructions and cost someone thousands.
You might not be able to look up a transaction because you don’t keep a journal or don’t one correctly.
Not knowing how to administer an Oath could get your commission revoked and get you in huge trouble with a Lender.

If you think that you “know enough” and don’t need to know any more, or think that you already know it all, you are probably wrong. Most Notaries who are certified with have gaping holes in their knowledge. If you are not 123notary certified, there are probably more holes in your knowledge than points of knowledge. Scary. I cannot figure out why Notaries insist on conducting their entire careers with as much ignorance and danger as possible. If they got in trouble once in a while, their attitude might change.

I don’t see how in a legal support profession there can be so much sloppiness. You are dealing with million dollar transactions. This is not an arena to be fooling around in. Would you like someone fooling around with the paperwork affecting YOUR life savings?

.

You might also like:

Notary Public 101 – a free guide to being a Notary from 123notary
http://blog.123notary.com/?p=19493

The 30 Point Course – a free loan signing course from 123notary
http://blog.123notary.com/?p=14233

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

Common mistakes with the 1003, RTC, TIL & APR
http://blog.123notary.com/?p=4553

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August 14, 2018

Title Companies: 123notary Certification – what you need to know about it.

Filed under: Uncategorized — Tags: — admin @ 10:54 am

What does 123notary Certification mean in 2018 and 2019? A letter to title companies.

123notary teaches, screens, and certifies Notaries on:
Notary Basics
Loan Documents
Unusual Scenarios (that can lead to damages)
Clear Communication
Following Directions

We go to this trouble to make your title company’s screening and hiring procedure for new additions to your roster more streamlined, and lessens the chance of serious legal complications in the long run due to improper notary work.

We know that many of you would like to hire better quality Notaries. Are our current certified members up to your standards for being a “good Notary,” and how much extra do you feel they merit per signing? Would it be too much trouble to call a handful, talk to them for a few minutes and size them up and see for yourself how much better you feel they are compared to an average signing agent?

Our 2002 through 2017 tested mainly on loan documents and a little bit on Notary procedure, but involved mostly online testing which was taken advantage of by Notaries who found ways to game the system. As of 2018, we cleaned up our certification, removing those who cannot demonstrate a certain level of still on oral & email quizzes to ensure reliability to your hiring parties. We reduced the quantity of certified members from about 1600 to about 160 and will continue to screen certified members every year or two for quality control purposes.

Our 14 point certification process generates Notaries who are generally polite, responsive, cooperative, and technically competent. I can go over our process in as much detail as you like, but first I would like to let you know that most notaries will not aggressively pursue education on their own. They will only study hard if those who hire them recommend, require, or offer preferential treatment to those that do.

If you have Notaries who you would like to send over who you use regularly who would benefit from a tune up — or those who are not good enough to put on your list due to a lack of basic knowledge, we are happy to tutor, train, or enroll them in one of our courses. This collaboration of our forces will benefit both of us and does not cost title companies a penny. Our work on 123notary is for the greater benefit of title companies. However, we charge the Notaries for advertising and education and never charge title companies for anything.

If you would like to see our sales literature, just visit our loan signing courses page on 123notary.com. If you like the reliability of our screening we would like it if you can endorse our certification. Additionally, a few dozen of our notaries have our elite certiifcation which is a much more refined version of our certification.

We would like referrals and endorsements from agencies and individuals who work at agencies that hire Notaries in exchange for us helping you to refine the quality of your signing agents.

THE CERTIFICATION PROCESS

a. 123notary certification starts with reading our educational materials. We have loan signing courses that we sell. We also have free Notary basics materials in our blog at Notary Public 101 which we are in the process of adding to our sold materials for the convenience of the buyer. However, that material on the blog is open to the public, so our students can see it at any time.

b. We also offer Q&A by email and even tutoring to those who want it. Sometimes the technical aspects of Notary procedure can be complicated and a one on one session can be the best way to learn.

c. Testing is done online, but also as a follow up by phone. Testing by phone is more reliable as a measuring stick as we can ask open ended questions, multiple choice, fill in the blank, etc. Additionally, we know that we have the correct entity taking the test and can adjust our questions to exactly what we want to ask. We can also more easily monitor how many times and when the person took the phone test than with online tests many people abuse the privilege and treat it more like a video game that they keep playing until they win.

KNOWLEDGE REQUIRED
The knowledge required to pass our test as of 2018 includes:

1. Notary Acts. We require Notaries to know when particular notary acts are used, how to explain these acts, and what the requirements of each basic act are including Acknowledgments, Jurats, Oaths, Affirmations and Proof of Execution. We do not teach other acts as they are uncommon and not necessary. We also require Notaries to know how to administer Oaths as they are required by law when executing a Jurat which is done on Affidavits as a matter of custom.

2. Notary Terminology. We require Notaries to know basic Notary terminology such as Venue, Affiant, Certificate, terms relating to Power of Attorney, etc.

3. Certificates. We go over how to fill in the additional and optional information in certificates which deters the fraudulent as well as accidental swapping of certificates to other documents.

4. Journals. We teach prudent journal entry procedure using the one entry per signer per document principle.

5. Power of Attorney. We teach Notaries to follow instructions to a tee on AIF signings and to call in if instructions are omitted or not clear as to how an Attorney in Fact should sign in their capacity.

6. Identification. We teach Notaries how to make sure the ID proves the name on the document. This may or may not be a legal requirement in their state, but it is a prudency requirement that helps reduce the chance of ending up in court.

7. FAQ’s. We teach the basics of FAQ’s at loan signings such as:
(a) When is my first payment due?
(b) Where can I read about my prepayment penalty (if there is one)?
(c) Why is my APR higher than my rate?
(d) Where does it say where my payoffs and fees are located?

8. We teach the basic loan documents. Our emphasis used to be mainly on documents while our current emphasis is on issues that can cause financial damages to companies involved in transactions which are normally Notary issues or issues pertaining to negligence in business matters.

9. RTC. We teach how to date the Right to Cancel in a Refinance for an owner-occupied property.

10. Errors on Certificates. We teach the various ways to deal with errors on certificates, but this gets into state specific areas and also in to areas pertaining to the preference of the Lender or Title company involved.

11. After-Service. After a Notary signs a loan, they still might be needed for several days to clean up errors or answer questions. Notaries are not normally aware of how long they need to be around, so we tell them what types of situations can arise after the fact and how being unresponsive by phone and email will not make them popular with Title companies.

12. Elder Signings. Issues involving the competency and state of mind of signers is critical with elder signings. Elder signings normally take place in the hospital, but it is possible that for loan signings, especially Reverse Mortgages, that elders could be there. If an elder is on morphine, they are not in a position to sign. And if they cannot paraphrase a document, it might be dangerous to notarize them for legal liability reasons.

13. Foreign language signers and foreign language documents. We address these points a bit. A Notary must have direct communication with the signer in all states but AZ where oral translators are, or were allowed. However, for safety, you should not rely on a translator, because if they make a mistake, you could end up in court and you would be ultimately responsible as the Notary Public involved in the particular transaction.

14. Omitted Information. Sometimes a Notary will go to a signing. The instructions might say, “This page must be notarized.” However, there might not be a notary certificate. In some cases there might not be a signature line. We teach how to handle these situations gracefully.

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DANGERS OF HIRING A SHODDY NOTARY

1. Oaths. If you hire a notary who does not administer Oaths, your loan could be questioned, or perhaps even overturned in court by a Judge once the judge finds out that an “incomplete notarization” has taken place. Omitting an Oath makes a Jurat notarization on a Signature Affidavit, Occupancy Affidavit, Identity Affidavit or other Affidavit incomplete and therefore a Judge could declare the document not notarized, and perhaps declare a loan as invalid as a consequence. This would cause serious legal and financial damages to many parties involved. 90% of Notaries we talk to do NOT know how to administer an Oath correctly and most do not administer Oaths at all… ever, because they think it is not “required” in their state. It is required nationally.

2. Dropping Packages on time. If you hire a Notary who holds on to packages when they don’t know what to do in a particular situation, or because they just are not in the habit of dropping documents quickly, you might not get your important documents back on time. This is dangerous and can cause delays in funding, missing the lock in an interest rate, or your loan getting cancelled. Often times several days later, the documents will be found in the trunk of the Notary’s car. Each incident of forgetting to drop a package can cost you hundreds or thousands.

3. Identification. If you hire a sloppy Notary who does not make sure the name on the ID proves the name on the document, it is possible for your loan to end up in court costing all parties thousands. The lack of thumbprints in a Notary journal also makes it hard to identify someone who used a fake ID.

4. Journals. If you hire a Notary who does not keep a journal, you might not experience trouble for years. The minute your notarizations are called into question by an Attorney, the lack of evidence (namely the notary journal) would come back to haunt you and cause a nightmare. Without evidence, you have no way to prove who notarized what, or if a fraudulent notary impostering a real notary did the work. You have no idea who did what or when or what type of identification was used, or even if the signers consented to being notarized.

Additionally, if your sloppy Notary uses the “cram it in” style of journal entries where one line in their journal accommodates all documents in a loan signing (legal in some states but not prudent) your borrower could claim that they never had all of the documents notarized, but only one, and therefore the loan is void and the transaction must be cancelled, etc. This happens once in a blue moon when a borrower wants to get out of a transaction, and legally it is hard to prove if they consented to be notarized on five documents in a transaction when there is only one signature in the journal for five documents. You could claim that the Notary was in cahoots with the lender and added four additional documents after the fact.

5. Confirming. Improper confirming of signing can lead to a lot of wasted time. If the name on the ID does not prove the name on the document, there is no point in going to the appointment. There are many other critical points to go over when confirming the signing. The majority of Notaries either do not confirm signings, or don’t do so thoroughly enough which can cause a lot of loss of time and perhaps delays in the loan process.

6. Following directions. Many Notaries do not follow directions well. This can cause a huge loss to companies that hire them assuming your directions are critical to the success of the the signing. We screen for following directions when certifying signing agents. None of them are perfect, but we weed out a lot by asking a few following directions questions.

7. Notarizing for non-English Speakers. If you notarize for non-English speakers, this can lead to liability if you cannot communicate effectively with them. Any misunderstanding could come back to you.

8. Dating the RTC. You would be surprised how many Notaries cannot date a Right to Cancel. That can cause financial damages to any company that hires them.

9. Elder Signings can be a source of liability. The elders don’t always understand what they are signing. A competent Notary makes sure the signer understands the document, especially if elderly or in the hospital.

10. Being responsive after the fact. Many Notaries disappear or play hookey after a signing. Notaries are needed to answer questions before, during and after the signing. If they are not, this could cause grief to the hiring party.

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Do you have to be a CSS to get work these days?
http://blog.123notary.com/?p=8914

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

If you were hiring a notary, what would you look for?
http://blog.123notary.com/?p=16750

If Donald Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

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August 3, 2018

Notary Public 101 — Scenarios: What entities might want to see your journal?

Filed under: Uncategorized — admin @ 6:38 am

I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if you don’t keep a journal regardless of what your state says.

The FBI investigates ALL Mortgage fraud. That means that if you notarize a fraudulent mortgage, don’t keep a journal, and the FBI catches up with you– you are in trouble as well as the Lender and they can name you as a suspect. The possibility of being slapped with a $20,000 Attorney fee is just not worth the risk. It is much easier just to keep a journal so that you will have some sort of evidence of what work you performed.

Here is a list of entities that might want to see your journal other than your state which may or may not require it.

1. The FBI
2. Judges in court
3. Signers
4. Attorneys
5. People who were affected directly or indirectly by something you notarized perhaps such as beneficiaries, etc.

When I was a Notary, I had three or four inquiries about journal entries. Since I kept my books in order I was ready. How ready are you?

You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Comparing journal entries to FedEx signatures
http://blog.123notary.com/?p=19375
How many journal entries do you use for two signers on three docs?
http://blog.123notary.com/?p=19391

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March 4, 2017

SnapDocs is a bigger operation than I thought

Filed under: Popular Overall,Uncategorized — Tags: , — admin @ 10:34 pm

123notary is a small, but high quality organization that has a database of Notaries that is nationwide. We offer refined information that we check regularly for accuracy. We never experienced any serious competition until SnapDocs appeared in 2012. SnapDocs didn’t get too much serious traffic until 2015 when we started to really feel their presence.

But, they are not a mom & pop organization like we are. They are a huge technology company that processes 40,000 loans per month. They automate a lot of the back office processes that go into preparing a loan for the closing process as well as parts of the loan signing process such as finding a Notary.

SnapDocs charges $8 per loan signing according to what I have heard. If they have 40,000 loans per month, their income is $320,000 per month or about 4 million per year. They also have a team of programmers and engineers to keep their operation afloat.

They are located in San Francisco, CA with another venue in San Jose, CA which is the tech capitol of the world as far as I’m concerned.

I’m beginning to be concerned that we will lose a lot of market share due to them, especially if they get smarter about taking market share.

You might also like:

See our STRING about Snapdocs
http://blog.123notary.com/?tag=snapdocs

The Uber principle at Snapdocs — new blood
http://blog.123notary.com/?p=18868

The History of 123notary
http://blog.123notary.com/?p=18868

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November 25, 2016

Credible Witness Protection Plan

Filed under: Credible Witnesses,Uncategorized — Tags: , — admin @ 10:58 pm

A Notary from 123notary was doing a highly sensitive Notarization regarding a mafia deal for gun sales. Unfortunately, the signer didn’t have identification. And if he did, it would probably be a fake ID from China. So, the Notary required them to use credible witnesses. The problem was that nobody would agree to be a credible witness unless they were offered a credible witness protection plan with a safe house.

So, the witness identified the signer, swore under Oath to the signer’s identity, signed the journal and then was rushed to the safe house in Chula Vista, CA. Meanwhile in Chula Vista, there was another Notary signing going on and the witness being protected was asked to be a credible witness again. It was kind of a “while you are here” type of a thing. So, the credible identifying witness happened to know the signer in Chula Vista and identified him. Next thing you know, the signer was also a criminal from a rival mafia and once again the credible witness needed a protection plan.

So, the local police got him a nice room with a comfy bed in the back of the police station. It was kind of a make-shift type of arrangement. Twenty years later the witness is still there and has to be escorted to work. So, if you ever ask anyone to be a credible witness for future signings — just know what might be involved in the worst case scenario!

You might also like:

See our string of credible witness posts
http://blog.123notary.com/?tag=credible-witnesses-2

The mafia guy who could make witnesses disappear
http://blog.123notary.com/?p=17013

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November 22, 2016

Definition of Oath

This article deals with Oaths in general as well as how Oaths are significant in the Notary Profession.

What is an Oath?
An Oath is a solemn and formal statement of fact or promise that is worded in a sacred or official way. An Oath is a formalized vow normally taken before others in a formal situation.

Types of Oaths
It is common for people to take an Oath or swear under Oath when becoming a public official which would be called being sworn into office. People also take Oaths when they get married or when they are sworn into court as a defendant, plaintiff, Attorney, witness or juror. People take an Oath of citizenship when becoming a citizen. Those in the medical profession take a hippocratic Oath. But, zookeepers do not need to take a rhinocratic Oath contrary to popular belief.

Hand Gestures
It is common in the United States for people to raise their right hand with their palm facing forward at the beginning of an Oath proceeding. Different parts of the world might have different hand gestures or no hand gestures.

Some People Refuse Oaths
Some Christians refuse to swear under Oath as they always tell the truth (or claim to.) They seem to not understand that the purpose of the Oath is not to prove to themselves that they are telling the truth, but to impress upon others that they are — while the others might not have the same opinion as to the integrity of the affiant. The Notary profession now allows for Affirmations instead of Oaths for those religious people who don’t believe in oaths.

Affirmations
An Affirmation is a formal statement that currently carries the same and identical weight and meaning as an Oath. A Notary Public can swear someone in using an Affirmation instead of an Oath merely by substituting verbiage. Instead of saying, “Do you solemnly swear that this document is true and correct?” you could say, “Do you solemnly affirm that this document is true and correct?”

Affiant
An affiant is the person who swears under Oath typically in a written statement called an Affidavit.

Affidavit
An Affidavit is a written document, often a legal document where the Affiant swears before a Notary Public as to the truthfulness of the document.

Jurat
A Jurat is an official Notary act where the affiant swears under Oath to the truthfulness of a written statement or document. Some Jurats have handwritten statements written by the signer who is also the affiant. Others are drafted up by an Attorney, government or professional agency.

Notarial Oath
Jurats are not the only Notary act that can have an Oath. Notaries use Oaths in many aspects of their work. Notaries take an Oath of Office to get sworn into duty when their commission begins. Notaries routinely swear in Credible Witnesses who are used to identify a signer who doesn’t have identification. Notaries swear in Subscribing Witnesses as well who witness people signing a document. There are also just plain Oaths that Notaries administer. The Oath might not be written or recorded. If Notary administers an Oath, they should indicate in their journal that they gave an Oath regarding a particular subject and have the Oath taker (affiant) sign the journal in that corresponding entry.

Acknowledgments with Oaths
Acknowledged signatures normally do not have Oaths, but they could have an accompanying Oath. Acknowledgments allow the signer to sign before they see the Notary Public. However, the Oath would have to be taken in the presence of a Notary Public.

Oaths in Mortgage Loan Signings
Mortgage loan signings normally contain several affidavits such as the Signature Affidavit which requires a sworn Oath. So, if you perform Loan Signings, be prepared to be an expert at the art of Oath giving.

Question
If Physicians take a Hippocratic Oath, what type of profession would take a Rhinocratic Oath?

You might also like:

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

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