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April 17, 2011

Seal Forgery – it happened to me!

Seal Forgery – it happened to me
I notarized a set of loan documents for a company back in 2003. It was a regular signing and nothing went wrong. You know how companies sometimes request that you send them another “Jurat” if the stamp isn’t clear on the initial one? California notary law requires that certificates be attached to the original document for security reasons. This means stapled. But, the loan companies protest whenever you ask them to send you back the document and ask why you are being so difficult. For many signing companies, the idea of obeying laws means you are being difficult. The company that forged my stamp did not ask for a loose Jurat, they were in a hurry and pulled a fast one.

I heard about it from a third party
A third party contacted me asking if I had notarized a loan package for a particular borrower. I couldn’t find the information in my journal for the specified dates, or even for the specified month. We figured that it must be a company that I had worked for before that had an impression of my seal on one of their loan documents, since I didn’t notarize that particular borrower’s loan that was in question. We had to be detectives to figure out what had happened.

Copying my seal
This company copied an impression of my seal that was on someone else’s loan, and copied it onto an Acknowledgment certificate for an entirely different loan that I had never had anything to do with. It was hard to tell since photocopiers are so good. I asked the third party to send me the notarized document and its Acknowledgment certificate. The forging job was so pathetic, it was funny when I saw it. The seal looked legitimate to my eyes, since I couldn’t tell it was copied. However, there were tell tell signs that I had not notarized this document.

(1) I always used an embosser on every page of every document. Embossers leave a raised impression in the paper. This document had no raised seal on it.
(2) The signature was a very girly signature which didn’t match mine even slightly. The lines of the signature were very curly and the i’s were dotted with cute little circles that only a girl would make like that.
(3) The acknowledgment certificate wording didn’t have the he/she/them and (s) verbiage crossed out where appropriate indicating that the person who fudged this job couldn’t have been a notary, or at least was a really pathetic notary.

I told them:
After I saw this pathetic attempt at something which is not even good enough to qualitfy as forgery, I told the third party that I had definately not notarized this and that it was fraud. Additionally, there was no journal entry to back up this job, and I took journal entries for all transactions in all cases.

My advice
If you always use an embosser on all pages of all documents, you deter the switching of pages after the fact on documents you notarized. You make it almost impossible for someone to get away with forging your notarizations. Additionally, you impress your clients with how thorough you are which can gain you more business. An embosser is less than $40, so get one today! Some states will require a government issued authentication of permission to get an embosser, so apply now!

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February 15, 2011

Cross-out happy; Not a good idea

Some lenders allow cross outs. Others will fire you after the first cross out. Some signing agent courses recommend that you cross things out without a second thought. Others don’t. Even our loan signing course teaches you to cross out wrong dates in the right to cancel document. But, if you work for Provident or other lenders who don’t allow cross outs — you’re fired! Gulp?

Don’t worry, just read the instructions. Many loans have an instructions sheet. If there is no letter of instructions, then ask before you cross, okay? Don’t assume that you can just cross anything out. First of all, remember the golden rule of cross outs. Don’t cross out unless: (1) you have permission and (2) it is a last resort.

What about the 1003? The 1003 loan application has endless wrong information. It is my personal belief that the clerks they hire are required to make endless mistakes — otherwise they will be fired on the spot. If they get your social security number right they will be laid off immediately, right? In any case, the 1003 is not binding in the loan, but has to be sent back signed. Borrowers whine endlessly about this carelessly prepared document. What is the solution? Cross out and initial? Hmmm. Not sure…

My take on the 1003 is that you will cost yourself 30 minutes of wasted time if you call your contact person about anything, so don’t call unless you really need to. Otherwise you will never get out of the signing. If the lender allows cross outs, you will not endanger your loan by crossing out in the 1003 or for wrong dates on the right to cancel. If the lender doesn’t allow cross outs, then don’t do it.

Trick question

Q. What is the only document the is in a completed loan package that REQUIRES cross outs?
A. Acknowledgment certificates require the notary to cross out the his/her/their, etc.

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December 25, 2010

e-Documents Definition

Filed under: Signing Tips — Tags: , , , — admin @ 9:42 am

e-document definition 
 Documents that are sent electronically to the signing agent are called e-documents. There are a number of different common viewers necessary to view and print e-documents. Typically, a notary will receive documents and immediately need to print them and then go out to complete the signing with the borrowers. E-documents are typically sent at the last minute. Notaries typically charge extra to print out e-documents as it takes time, paper, and creates wear and tear on their toner or ink cartridge. E-documents have nothing to do with e-notarizations. An e-notarization is done purely online while an e-document signing is done with physical documents face to face with the borrower. E-signings are done with some of the documents being signed online. E-document signings are generally completed after the documents have been printed.
 

Issues with e-documents include the fact that a notary might have to go all the way home just to print documents.  Many companies send documents at the last minute and there are sometimes delays that add to the headache of doing a signing.  Some of our smarter notaries have mobile offices so they can print on the road while others have a kinko’s account so they can find a kinko’s near where they currently are to print documents on the run.

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December 18, 2010

Notary Etiquette from A to Z

Notary etiquette from A-Z

Here are some basic rules of notary etiquette to keep you out of trouble and on good terms with your clients.

Don’t park in the driveway?
But, that is what driveways are for. They are for parking in. Wrong! They are for the borrower to park in, but NOT for you to park in without permission. You could be taking someone’s spot, or blocking someone. You might be leaking coolant on their driveway too. If there is a snowstorm and a snow plow will destroy your car, or if there is nowhere else to park, then ask to park in their driveway. Most people will not mind if you park in their driveway, but a few will mind.

Introduce yourself at the door.
Its good to have a pre-canned speech to give at the door. Let the borrowers know your full name, and that you will be assisting and supervising (facilitating) the signing of their loan. Let them know that your job is to introduce the documents and figures in their loan, but not to actually explain any of the concepts particular to their loan. Let the borrowers know that the lender is the only one qualified to answer specific questions about their loan.

Confirm the signing
Its polite for the notary to call the borrowers and confirm when they will be coming, and especially who is to show up at the signing. If Aunt Matilda is on the loan documents, she needs to cancel that visit to the hair salon and be at the signing.

Don’t make unpleasant remarks
Don’t make negative remarks about anyone regardless of whether they are associated with the loan or not.

Don’t discuss politics
Stick to talking about neutral topics like traffic and weather. Politics can run people the wrong way. Freedom of speech does not apply to notaries on the job. You have more freedom of speech in Moscow than on a signing. Talking about the wrong subject matter can get you off of a signing companies list, and then you lose work.

Speak clearly
A notary who mumbles, or speaks incoherently will not be a favorite with anyone. People need you to enunciate on the phone and in person.

Don’t rush the borrowers
Unless you agree on the length of your signing ahead of time, its rude to rush the borrowers. If you are having a night with ten signings and you will be late to all of the rest of the signings, then you are in a pinch. If you legitimately have to leave at a certain time, you can mention that you have to leave at 8pm, and that they are welcome to read their borrower’s copies for the next 72 hours and cancel the loan if they are not happy with any of the terms or figures.

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July 18, 2010

Confirming the signing

Introduction
As a notary, there is a lot to know. There are notary laws from your state, navigating your area, business and interaction skills, and much much more. Most notaries take some sort of a loan signing course to get into the mobile notary business. But, loan signing courses don’t tell you everything you need to know! There are always things they don’t tell you because the author either doesn’t know, forgot to put in the book, or didn’t think was important. Other situations don’t hae a set way of being handled and can only be dealt with using a personal approach. This blog entry will deal with some select hot tips on how to handle a signing.

Confirming appointments
As a notary, signing companies will offer you jobs, fedex you a package, and expect you to show up on time to the appointment. How often have you gotten to an appointment only to find that the borrower is surprized by the numbers, or didn’t realize that their cousin Sam needed to be there for the signing, since Sam was on Title? The lending profession is filled with tricky characters who promise one thing, and then when the borrowers see the paperwork with the notary sitting there, they feel pressured to sign, even when they don’t like the fact that they have been hoodwinked. The notary often has to sit through long conversations with the lender that should have taken place BEFORE the signing, not during. Lenders are often sloppy, and don’t fully inform the borrower about all of the numbers on the loan. So, what does the notary need to do to avoid this type of drama? A thorough confirmation call solves the problem.

Going over the numbers
Once the notary has the loan package in their hand, they should call the borrower and go over the Rate, APR, and payoff amounts listed in the Settlement Statement. The notary should go over all Escrow payments, and what the monthly payments are, prepayment penalty, and if its an Adjustable Rate Loan, what the cap is, etc. Additionally, the notary should have the borrower read their ID to the notary, and what the NAME is on their ID, and confirm what individuals will be at the loan signing. Thats a lot to go over. However, it only takes three or four minutes, and will save you hours during those times when there are suprizes — which seems to be 25% of the time. If the borrower is not happy with any of the numbers, cancel the appointment. Don’t waste your time getting into someone else’e drama.

How much time is needed?
Another aspect is discussing how much time the borrower would like to have signing the loan. Its not the notary’s job to sit for six hours while the borrower reads every word in the whole package, and then rereads certain important documents. The notary and borrower should agree ahead of time how much time the borrower needs to that the notary can plan their evening and other appointments. The notary should explain that the borrower has three days not including Sundays and Federal holidays to cancel their loan, so they can skim through it and read their borrower’s copies after the fact. The borrower can cancel in writing and the loan is off, if they cancel before the deadline.

Scheduling and venues
Explain to the borrower when you will be coming, and let them know if you might be slightly early or late… and how late. Some borrowers have issues with their homes. Some have family over or rambunctious children. Others have pets. I always offered to take pawprints just in case Fluffy ever got lost. I’m not convinced that cat pawprints are as unique as human fingerprints though. Its the thought that counts. If a borrower can’t sign at their home for any reason, its good to find a good cafe or restaurant where you can sign. Don’t forget to read in the forum about drinks at signings. Thats a very popular and critical topic. You don’t want your “tall latte” all of the right to cancel, otherwise you will have a very “short signing”.

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