Uncategorized Archives - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

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

March 14, 2017

Living Will vs Durable Medical Power of Attorney

Living Will vs Durable Medical Power of Attorney

NOMENCLATURES
The Living Will (LW), unlike a Last Will and Testament, takes effect immediately. The LW&T, is used when the Testator dies. The LW has no further function when the Principal dies.

The Durable Medical Power of Attorney (DMPA) is often referred to as a “health care proxy”. The DPMA is also called a “health care surrogate” as that position is what it creates. Durable, in the sense that it typically has no expiration date and continues when the Grantor is incapacitated.

SUMMARY
Typically used for serious illness and near end of life medical care decisions, both the LW and the DMPA are both unrelated to the disposition of assets. The LW is essentially instructions from the patient to the doctor(s) and hospital staff as to the patient’s wishes. With the LW the patient is directly expressing desired care. With the DMPA the patient is granting decision making power to someone else.

POSSIBLE CONFLICT
It is possible for both a LW and a DPMA to be active at the same time. If the health care surrogate has a different opinion from that expressed in the LW it probably becomes a very complex issue to resolve.

THE LIVING WILL
The LW expresses your “will” or desire how to be treated while you are living. It is often used to reject life-sustaining treatments when terminally ill. These treatments often include intravenous feeding of food and water, heart-lung machines, ventilators, etc. When there is no detectable brain activity, and the body alone is being sustained, artificially; some prefer to terminate their existence. Note that the LW will not affect routine medical treatments. Prior to the discontinuation of “life support” two doctors are usually required to make the determination that the outlook for recovery is virtually non-existent. Key point: the LW does not change any pain or routine treatment for non life-threatening medical conditions.

THE DURABLE MEDICAL POWER OF ATTORNEY
The surrogate comes into power under this document only when the patient is unconscious or not legally able to make decisions on their behalf. More commonly called a Health Care Proxy, this POA often allows for successor agents, the same as a routine Power of Attorney. This form may be statutory or must be drafted by an attorney. The DMPA lets the physician know who is authorized to “make the call”; as the relatives may have a variety of opinions, and sometimes their own agenda.

NOTARY CONSIDERATIONS
This is an area where the more notarizations the better. Both documents are “human life” and “estate” related; and, for some, timing is everything. Obviously the author and any witnesses should be notarized. As “state of mind” is often an issue; the patients doctor, if possible should add a “sound mind” witness statement. If the documents are prepared well in advance of hospitalization, the attorney can also add a similar statement, also notarized. This is a highly emotionally charged situation. Great care must be taken to be sure names are printed legibly and your work is flawless. Witnesses should be totally unrelated, have no interest in the estate or payment of medical bills. These documents call for empathy, attention to detail, and very strict adherence to local governing laws.

Share
>

March 4, 2017

SnapDocs is a bigger operation than I thought

Filed under: 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

Share
>

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

Share
>

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

Share
>

October 19, 2016

Notary Butt Dialing

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

Notary Butt Dialing – No Ifs ands or Butts

When it comes to Notary butt dialing, there are no ifs, ands, or butts. One Notary had a cell phone with a waterproof case. His acupuncturist spilled massage oil all over his last phone, ruining it. So, the Notary bought a waterproof case that gradually disintegrated over time to the point where the lock screen button in the plastic fell off. So, the Notary couldn’t lock his phone without sticking a key through the plastic to the phone’s actual metal button – and putting the metal to the metal.

So, just once, this Notary decided not to lock the phone as he put it in his pocket. He put it on the page with the 16 icons and thought — what are the chances the iphone will have the green phone icon pressed? That’s one out of 16, and if it does, what are the chances it will actually call someone. After, two minutes, the phone had already called two people this Notary actually really wanted to talk to whom he hadn’t talked to in years. He was starting to trust his butt more than his fingers!

But, what if you butt-dialed an actual signing company? Would they think that the Notary was an actual butt-head? Would the two of them butt heads together?

At least the notary wasn’t just sitting on his butt like the feeling you get from lenders who are late in sending documents. This notary’s butt was being proactive! And rather than risk a traffic ticket or his life while talking into his cell while driving, this notary could butt-dial and drive at the same time. Driver’s seats should come equipped with built-in cell phones. Rear-view mirrors, welcome your new modern cousin – rear-sensitive seats!

If smartphones can let you digitally sign for things, it might not be long before we see smartphones for butt-dialing clients. By flexing the precise posterior muscle, maybe someday they’ll be able to sign documents in remote locations. Face to face notary encounters, make way for butt cheek to butt cheek encounters.

And now for my reBUTTal: One notary accidentally butt-dialing someone he might want to do business with is like hitting the lottery – the odds are against it. The stories of desperate gamblers who think otherwise too often REAR their ugly heads. END of story. Now if you’ll excuse me, my butt is calling.

.

You might also like:

You lose $37.50 each signing you don’t answer the phone
http://blog.123notary.com/?p=16562

Dumb and Dumberer for Notaries
http://blog.123notary.com/?p=14102

Share
>

March 30, 2014

Analytics for TECHNICAL posts… graded!

Filed under: Uncategorized — Tags: — admin @ 11:25 pm

The (A) list:
ID, POA, APPS, SUED, JOBS, TUTORIALS, INTERVIEWS, BEST PRACTICES, POINT & SIGN, OUT OF BIZ, FREE, DIFFERENT DAY, LATE DOCS, PAYMENT, WILLS
CALL: Don’t CALL the Title co, or borrowers
ACCEPTING certifications
PAID: Getting PAID usual or unusual ways.
QUALIFICATIONS (background check & CSS)
JOBS: More jobs, less jobs, taking jobs away, taking bigger cut of money from jobs.

The (B) list:
Consumer financial protection, Loom them up, Stay here until PAID, why use middle INITIAL, Boss PAYS for COMMISSION, Industry STANDARDS, BEGINNERS, what makes a mobile notary, I-9, won’t sign disclosure, following directions, more specific tutorials, JAIL.

TUTORIAL on documents idea.
DOCUMENTS: Late, don’t call until ready, document dates, foreign language docs, witnessing docs, common mistakes w/particular docs, which docs recorded.

=====================================
1003 trouble (F)
1099 too high (C)
ACCEPT certifications (A)
ACKNOWLEDGMENT (D) optional ack cert.
APOSTILLE nightmare (D)
ATTENTION paying (D)
ATTITUDE > JOBS (C)
ATTORNEY GENERAL (F) UR not an attorney (F)
APR (C) to non-borrowing spouse.
BACKGROUND Screening (A)
BAG; carry all (F)
BAR: GA association (F)
BEGINNERS info (B)
Birth Certificate (A)
BLOG she learned more (F)
BOOKS top 5 (F)
BORROWERS at ease (C)
BOSS pays for comm. (B)
BUSINESS NAMES (D+) Biz names (C-) Choosing a name (D+) Grow biz first then register (D-)
CALL (A) don’t call title co;
CERTIFICATION or skill (D); Uncertified not a single all (D) If not certified (D) Just do it (D) Obamacare (F); not cert (F)
CLOSING bank branch (A)
CONTRACT (F)
CREDIT CARD afraid (F)
CROSS-OUT happy (C); story about cross-outs (C); Cross out and initial (F)
CREDIBLE witness (D) what is (F); Charge for (F);
CRIMINALS (B)
DIRECTIONS following (B)
DATES (B) doc, sig, notarization date
DOCS ready (A)
DOCUMENTS ready (A)
DUE: getting what is (A)
E&O (D); Supersize (D)
EATING on road (C)
EMBOSSERS (F)
EXPERIENCE gain (C)
ELITE: does it help? (C) Elite certification (F)
EXPLAIN (C)
ERROR-FREE (C)
FINGERPRINTING (D) difficult
FREE 3rd signing (F)
GETTING more work (A) 3jobs/day
eNOTARY overall score (D) ; which states (A); pros/cons (D); state specific (F); what can enotary do (F); 10yrs garbage (D); AZ (F);
eJOURNAL (B)
ETIQUETTE borrower (D) thanks, sorry (D)
FAMILY (C) Making family leave the room.
FEAR, anger (F)
FIND 24 hour notary (D)
FINES & PENALTIES (C)
FOREIGN lang doc (B)
FREE certification (A)
FUZZY (F)
GUNS borrowers w/ (F)
HIRE other notaries (C)
HOLD HARMLESS (C)
HOSPITAL signings (D)
HUD (C)
IDENTIFICATION (bad) (A)
INTERVIEW (A)
HOURS (F) of operation
IDENTIFICATION (D) 2nd ID requirement
INCOME: (C) Notaries who make more than Attorneys
I-9 Notarizing (B)
iCLOSE (F)
INITIAL middle overall (C); Why use middle initial (B) wouldn’t use middle initial (D)
INSURANCE (F)
INTERVIEW / advice (B) interview w/title (C) Title source (B); timios (A) Advice from AZ; Veteran Notary inteview (C)
JAIL overall (D); Pay at (F); Hubby in jail (B) Notarization at (D) Jail one phone call (F)
JOBS (A)
JOURNALS (D)
LATE docs (A)
LOOK them up (A)
LOWBALLERS (B)
MINIMUM competency (D)
MINORS overall (C); Minors rules (B) Notarizing a minor (D)
MISTAKES w/ Title (C); common mistakes (C) I also make (D) When you goof (D) types of (F)
MOBILE NOTARY (B) what makes?;
MOBILE OFFICE (D) warrantee
MORTGAGE borker (F) sniffing out the right notaries.
NNA (D) NNA-care (F)
NOTARIZED overall (D); w/o sig (C); Notarize 2x (D); Notarized statement (D) How to get (F)
NOTARIES (F) Industrial strength (F) unleaded (F)
NOTES (D) factual or personal? (D); Represent (F)
NOVICE (D)
OBSTACLES creating (C)
OATH (F) of two 2 witneses
OVERSEAS (D)
OUT OF BIZ bank br. (A)
OWL icon (D)
PAGE every page? (C)
PASSPORT (C) Notarizing passport (F) How to notarize copy of passport (A)
PAYMENT responsibility (C) getting what is due (A); Stay until paid (B); How to get paid (D) Fees at door (F)
PERJURY arm twisting (D) Perjury vs. Oaths (D)
PAY: does xyz pay? (F)
PHONE overall (C) ; Who answers? (A); Why answer (D); Phone interaction tutorial (D); Call back can’t talk (D)
PHONE #’s (F)
POA / Nursing home (A)
POINT & SIGN (A)
POLICE enotarization (D)
PREPAYMENT penalty (D)
PROTECTION (A) Consumer Financial protection bureau.
RAMBLE (D)
REAL ESTATE exp. (D) RE prices (F)
RECORDED which docs (D)
RESOLUTIONS (F)
ROCKET SCIENCE (F)
REVIEWS technique (F); signing co. reviews = payment (D+)
SIGN overall (B); Sign on different day (A); Sign disclosure (B); Get them to sign (D);
SIGNATURE BY X (F)
SPAM contacts (D)
STANDARDS: industry (B)
STAMP missing F()
STATES bordering (F)
STRANGE funny haha (D)
SUED: biz lic, e&o (A)
TAMPERING stapler (F)
THUMBPRINT overall (B); Thumbprint necessary (A); Asked NOT to thumbprint (C)
TIPS; overall (C) 12 tips (B); tips for notaries (F)
TOOLS for notary (F)
TRANSLATE (F)
TRENCHES for notaries (D)
TROUBLE (D)
TUTORIAL (B) general (A) other (B) too obscure (C)
VAGUE (F)
Webcam Notarization (B)
WILL notarize a (A)
WITNESSES (B) notary witness (B); expert witness horror (B)
WORK getting more (A) 3jobs/week to 3jobs/day; took biz away (A)
UNIQUENESS (D)
WARRANTEE (D) for mobile office
X on search results (D)
X: Signature by X (-) See Signature by X

Share
>

October 19, 2013

Can a resident alien card or permanent resident card be used for being notarized?

Each state has different rules for what type of identification is suitable for being notarized. The California Notary Handbook does NOT specify if a Green Card, Resident Alien Card, or Permanent Resident Card may be used as identification for being notarized?

However, if you have a “California approved” (not sure what that means) identification card that has — a photograph, description of the person, signature of the person, and an identifying number: then you are in good shape.

Since a green card or resident alien card is not on the approved list of identification cards in the California Notary Public Handbook, it might be better to use a passport, state issued identification card, driver license, etc.

You might also like:

Notarizing an ax-murderer in San Ysidro (he had to get his green card for the notarization)
http://blog.123notary.com/?p=6448

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Share
>

May 28, 2010

Welcome to the 123notary.com Blog!

Welcome to the 123notary.com Blog!
 

To see the blog roll with our most RECENT posts, just click on the link below!
http://blog.123notary.com/

Introduction – 123notary.com directory – who we are.
123notary.com is a nationwide mobile notary directory that helps notaries market their notary services and offers a wealth of notary resource materials as well on our resources page.  123notary.com offers loan signing courses and loan signing agent certification courses too.  Feel free to sign up for a listing with us by visiting our advertise with us page on the navigation bar.  We offer FREE listings with low placement and paid listings with medium and high placement.
 
123notary and Social Media
123notary.com has endeavored to build a community feeling by creating various social media profiles over the last few years.  We created a notary discussion forum in 2004. Our forum grew in popularity over the years, but we found that the trends in social media had changed, and that more people prefered Facebook and other providers. Then, in 2009, we created Facebook and Twitter profiles which quickly became very lively.  In 2010, we decided to create a blog, to add a format where we could discuss notary issues in detail.  The forum had a nice form of interaction, but our blog will make it possible to focus on what a particular author has to share, rather than reading a potentially chaotic conversation between a variety of strangers all chiming in.
 
Guest writers
123notary.com will attempt to have a lively notary blog by blogging about the most interesting and critical issues facing notaries today.  In order to spice things up, we will
be having guest bloggers write articles about whatever notary blog topics they find interesting.  The guest writers each have a very different style and write about very different topics than I would write about which will make our blog diverse and interesting.  Our current guest bloggers are Ken and Carmen, but we hope to attract more as time goes on. If you write interesting materials, and want to be a guest blogger with us, just send us an email introducing yourselves, and we will consider you!
 
Topics for discussion

I want to use this notary public blog to discuss issues in a way that can not be adequately done on other mediums.  Forums have too much weak commentary from members with posts ranging from two or three words to a sentence. Some of the input is helpful while others is not on forums.  Very little of the writing on forums is good enough to feature on a resource page.  One major pattern I would like to establish on our blog is to take the best content from the forum and publish it in blog format.  I would select the most popular and helpful forum topics, and condense the more helpful commentary from the notaries in one page in a blog entry.   That way the 90-95% of forum commentary that is not helpful would be filtered or weeded out.  Another pattern I would like to use on the notary public blog is to address major issues facing notaries, in detail.  Rather that focusing on quantity, I would like to address certain pressing issues, and have thorough and quality input about these matters.  Some issues that will be popping up soon will include:  How to handle common problems at signings, Loan Modifications, Billing, Etiquette, e-signings,  How to Dress, etc.,    If there are topics that you would like addressed, you are welcome to voice your opinion.
 
Facebook, Twitter and our blog
We will get materials for our blog from discussions on facebook as one of our sources of information. Our facebook profile is a source of lively discussions and information about the notary world. Each week or two we discuss a different issue and break it in to components.   There will be lots of material to work with.  We will be tweeting about our new blogs on Twitter as a way to get the news out quickly. We may even have a competition on facebook for notaries who can write a great blog article that is good enough for us to post.

You might also like:

123notary.com’s LINKED IN discussion group

123notary behind the scenes
http://blog.123notary.com/?p=2499

How to lose half your clients while on vacation!
http://blog.123notary.com/?p=596

Share
>