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September 18, 2019

Where do you store your journals when they are filled out?

Filed under: Journals — admin @ 10:20 pm

When you retire, you send the journals to your county clerk or SOS. But, what do you do with them in the mean time after you have filled out one or more journal?

Do you keep them in a safe, your closet, your car, a desk drawer? They are actually thin and you can fit a lot in just one box. Your experience please…

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September 16, 2019

Travel fees vs. Notary fees in your journal

Filed under: Journals — admin @ 11:10 pm

For those of you who keep a Notary journal, you need to record the Notary fee as one of the fields. But, what if you get paid $65 for a signing with a travel fee and two signatures? How do you differentiate between the travel fee and the signature fees?

You can either arbitrarily decide how much is a travel fee and how much is a signature fee if the job is a flat fee. Or you can base the fees on the fees you quoted the client.

When you fill in your journal, the main thing is to put a Notary fee that does not exceed the fees allowed by your particular state, otherwise you could be accused of charging excessive fees which is illegal. If California allows $15 per notarized signature on an Acknowledgment or Jurat, then you cannot inscribe more than $15 per journal entry for each Notary act.

For those of you who use the “cram it in” style of journal entries, you cannot put a notary fee for five documents on the same line. It just doesn’t make sense. This is yet another potent reason why you should not use a style of journal entry that inputs more than one document per line. It is impossible to prove in court that the signer consented to all of the documents being notarized since he is not signing for a particular one. It is also not possible to know what the fees involved are either which means you are not doing proper bookkeeping.

As far as the travel fee, you could input the travel fee for a particular appointment in the additional notes section of the journal entry and indicate that is is a travel fee. The travel fee I would indicate once on the first journal entry for a particular appointment. Correct and prudent journal entry procedure requires separate entries for each person and document. So, once again, three people each signing four notarized documents would result in twelve journal entries with the travel fee indicated in the top entry.

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Travel fees if nothing gets signed
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April 24, 2019

Notaries can get jobs in banks more easily

Filed under: Public Interest — admin @ 10:22 am

If you would like to have more options to work in a bank in any particular capacity, it is easier to get a job at a bank if you are a commissioned Notary Public. Being a Notary Public involves applying to your particular state, in many cases taking a course and passing a test. The rules for becoming a Notary are state specific and change over time so please ask your state or visit your state’s Notary Public information online which generally is on the Secretary of State’s website.

There are lots of documents that might get notarized at a bank. Sometimes banking power of attorney forms need to be notarized. Other times, contracts, affidavits, or other general documents might need to be signed and notarized. Loan documents might need to be signed at a bank and those include Deeds of Trust, Mortgages, Signature Affidavits and many others. It is good to be knowledgeable about the loan signing process if you get involved in loan signing.

It is likely that a bank might want to have multiple Notaries on staff. After all, people call in sick, quit, and take lunch breaks, but the Notary work still must get done.

So, consider becoming a Notary so you can get that bank job you have always dreamed of. And yes, I would like my withdrawal in ones please…

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Bank of America Power of Attorney Form
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Banks need more notaries on staff
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March 17, 2019

How do I find a German speaking Notary Public?

Filed under: Public Interest — Tags: — admin @ 9:57 am

Where can I find a Notary who speaks German?
Look no further. 123notary.com has a few German speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as German, Spanish, Japanese, Vietnamese, American Sign Language, or more! We used to have a Notary named German who spoke Spanish. In fact, we have German speaking Notaries in almost all states! Additionally, we have a search filter directly abovetto the right of the search results where you can enter the word German and find only German speaking Notary service providers.

How good is their German language proficiency?
On 123notary.com, we have many Notaries who speak German. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from German speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your German speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary German — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in German?
Notaries may Notarize a document that is in German, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in German?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or German language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in German and the Notary knows German, you can conduct your Oath in German.

How can I get a German language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks German to assist you in this matter. Just visit our Advanced Search page and look up a German Speaking Notary by zip code!

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Find a Notary — who provides 24 hour service on 123notary!
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Power of Attorney Notarizations
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How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

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February 28, 2019

Notary Services Near Me

Do you ask yourself, “Where can I find a Notary near me?” The answer to your quandry is closer than you think. 123notary is a mobile notary directory. You can find a Notary who will come to your home, hospital, jail cell, airport, or office whenever you want. We have Notaries who speak Spanish, Chinese, Vietnamese, Japanese and a host of other languages as well.

Or, if you prefer to go to a notary office, you can use google local, or yelp and find plenty of Notaries near you.

It helps to talk to UPS stores and general mail box stores. They often have a Notary. Insurance and law offices normally do as well. Realtors are often Notaries too. I personally recommend Google and 123notary.com as search tools to find a great Notary Public.

If you want to learn more about the Notary business, you can visit our links below:

Notary Public General Information
http://blog.123notary.com/?p=20075

Notary Comedy Articles
http://blog.123notary.com/?cat=3241

Jail Notary Information
http://blog.123notary.com/?p=21349

How much does a Notary cost in 2019?
http://blog.123notary.com/?p=21308

Notary Public 101
http://blog.123notary.com/?p=19493

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February 27, 2019

Notary Public Journal

NOTARY JOURNALS

Not all states require maintaning an official journal of Notarial acts, but 123notary requires it as that is the only evidence you have should you go to court or get investigated. There are identity thieves and cons all over the place. They might pretend to be a home owner to steal that person’s equity or con grandma into giving her fortune away to some crooks. If your notarization ever winds up to court, your journal is the only record of what happened and who signed what, etc. Most Notaries think keeping a journal is an annoying task that they do because their state requires it. It is the same attitude that children have towards doing their homework at age seven. But, your journal can save your neck, and I know many whose hides have been saved who ended up in court.

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ONE JOURNAL ENTRY PER PERSON PER DOCUMENT

Most Notaries think that you create one entry for each signer and then cram in the names of all of the documents you are notarizing in that transaction. This is a very sloppy practice. If you pick up five packages from FedEx, do you sign once or do you sign five times, each for a particular tracking number? If you keep one journal entry per person per document, then you have a signature proving consent to be notarized for each document you notarize. Additionally, you must name the particular and complete name of each document, and not just say “loan docs.”

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INFORMATION

In your Notary Public Journal, you need to record the:

Full name of the document, not an abbreviation.

Date & Time of Notarization – Just consult your iPhone for this one.

Type of Notary Act – This might be Acknowledgment, Jurat, Oath, Affirmation, or another Notary act allowed in your state.

Document Date — many documents have a document date inscribed within that is an arbitrary date created by the document drafter. It could be the date the document was drafted, or the date it was intended to be signed, or a random arbitrary date.

Name & Address of Signer – Write down the name as it appears in the identification card.

Identification – Record the serial number, state and expiration date of the identification card.

Other distinguishing factors — if you are signing multiple documents with the same name such as Deeds of Trust, Grant Deeds, etc., you need to differentiate them somehow. Escrow numbers, names of grantors, grantees, APN numbers, property addresses, number of pages, or anything else can help identify a document after the fact in case you end up in court.

Signatures — each line of your journal needs to be signed by the corresponding person. If John and Sally are each signing three notarized documents, then John gets entry 1, 2, and 3 while sally gets 4, 5, and 6. Each signer must sign their three entries otherwise the entries are meaningless.

Thumbprints — I am skipping mentioning more about the other things that belong in a journal as most Notaries get it, however, few Notaries keep thumbprints. Your journal thumbprint is the one piece of evidence the FBI will ask for when they come knocking on your front door. Additionally, it discourages fraud as fraudulent people do not want to be thumbprinted.

Other Information — Although I am skipping elaborating about the other journal fields, I will make a quick note about the additional information section in a journal. That leaves space for information about credible witnesses, subscribing witnesses, unusual facts about the signers, the location, or the circumstances in which you are signing. If the signer claims that they are being kidnapped, write that down in the additional information section of your journal, then call the police. If the signer has a weird neck tattoo, you might need to remember that in court. Put it in your journal. The judge will think you are a very thorough Notary.

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FINAL NOTE

The purpose of journals is not only to please your state’s Secretary of State, but also to please judges, attorneys, investigators and FBI agents. Keeping a clean, correct and thorough journal will make a positive impression on the authorities and could keep you from being named as a suspect if God forbid you ever unknowingly Notarize an identity thief, fraud, or otherwise bad person. Notaries don’t get in trouble that often, but for those who make a career out of being a Notary, eventually you will be investigated at least once and perhaps end up in court, so keep your paperwork in order so the investigation is fast and smooth. Otherwise you might end up in court for a very long time — no joke! Roughly 1/7 of the Notaries on our site have had to spend time in court due to something that they notarized.

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Journal abbreviation keys
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Comparing Journal Entries to FedEx Signatures
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February 25, 2019

Notary Public Education

Filed under: Public Interest — Tags: — admin @ 9:28 am

How do I get Notary Public education?

As a Notary Public, the agency that commissions you is your state notary division which is normally controlled by your Secretary of State, Department of State or some other important state office. There are many things you need to learn as a Notary. The first resource you should consult is your state’s notary handbook. This is generally available online. The next resource you might consider would be a Notary Public Handbook published by a private agency such as the NNA or some other Notary agency or Notary organization. State issued handbooks are normally free and private organizations sell handbooks for around $20.

The benefit to a handbook from the NNA is that the standards, rules and practices are explained in a way that is easier for the newer Notary to understand. I remember when I got my first Notary commission, I really did not understand the various notary acts and language. After reading NNA materials my grasp of the various concepts was a lot more clear.

123notary now has a free online course called Notary Public 101 which goes over basic notary vocabulary, practices, situations, and more. It is NOT state specific, and there might be explanations that contradict what your state says you should do. Your primary responsibility is to your state and our course is meant to give you a basic understanding of how Notary practices USUALLY are, which as I said before might differ with your state.

There are private agencies that also offer Notary classes such as notaryclasses.com. As a general rule, I have found that Notaries who study Notary work from a formal course tend to have a decent grasp on the profession while those who just wing it tend to boast about how many years they have been a Notary when in reality they have a very foggy idea of what they are doing.

NNA has a course called Notary Essentials. I have heard good things about this course.

Recommended LInks:

Notary Classes.com
https://www.notaryclasses.com/Classes/ClassSchedule.aspx?ClassType=N&gclid=CjwKCAjw2rjcBRBuEiwAheKeL-2KhY-hqnsZAVOGC0mOF-KCwGccH2Ny6Bm1WXXgZYT0bhz8X6smixoCK7kQAvD_BwE

Notary Learning Center
https://www.notarylearningcenter.com/edu.html

Notary Essentials
https://www.nationalnotary.org/notary-essentials

Notary Public 101 — free notary course
http://blog.123notary.com/?p=19493

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February 24, 2019

Can you become a Notary if you have a felony conviction?

Filed under: Public Interest — Tags: — admin @ 9:29 am

Can you become a Notary Public if you have a felony conviction?

As a general rule — no. However, if your state is liberal, and your crime was not of a nature involving moral turpitude or corruption, you might be given a chance. If you have a misdemeanor, you still might be denied a Notary commission, especially if your crime involved fraud, dishonesty or misconduct. People issuing Notary commissions are extremely cautious about issuing commissions to those who are not honest and those who are likely to commit fraud with their notary commission.

The reason for this caution is that if a Notary commits fraud, they might try to embezzle money or steal the title to someone’s house using their notary commission. This typically ends in long court cases, ten year jail sentences and the grief and complaints end up back at the agency who commissioned them in the first place. Although most Notaries are not the most honest people in town, at least they are not career criminals, and the various state’s secretary of states hope to keep it that way.

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February 10, 2019

Proof of Execution

Filed under: Notary Acts & Certificates — Tags: , — admin @ 10:48 am

What is a Proof of execution? This is an unusual Notary act that few Notaries have ever done. Yet it is allowed in roughly 45 of the 50 states. A Proof of Execution is an act where a Principal signer signs a document in the presence of a Subscribing Witness. The Subscribing Witness then soon after swears under Oath before a Notary Public that the principal signer signed the document in their presence. This type of notary act is prohibited for Deeds and Powers of Attorney, but for less critical documents is allowed.

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Glossary Proof of Execution
http://www.123notary.com/glossary/?proof-of-execution

Glossary Power of Attorney
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January 23, 2019

What are Mobile Notary Fees?

The states decide what a Notary can charge for Notary services, but few states have rules for what a Mobile Notary or Traveling Notary can charge for mobile services and waiting time.

Notaries in most states (NV & MD have restrictions I’ve heard) can charge whatever they want for Mobile Notary Fees. There are many factors that determine a Notary’s fees. I will list these factors below. Rates generally range from $20 to $50 for mobile fees plus notary fees which differ by the state.

Experience
Notaries with experience typically set their rates higher. The fee depends on how desperate or arrogant they are. Rates can really vary, so shop around. But, realize that getting the best rate is not always the best idea because knowledge and experience count. Also note, that years of experience rarely translate into knowledge. Most Notaries are show offs and typically brag about how many years they have been doing this job. But, when you drill them on knowledge, you might find out they have about the same knowledge as someone doing this for two years who reads Notary tutorials and handbooks regularly. A word to the wise!

Distance
Notaries charge for distance. Some calculate distance based on miles, while others focus more on how long it will take. Others charge by what county you are in or what particular area you are in. It will save you money if you find someone close.

Time of Day
If you hire a Notary during the day, there are more Notaries operating, and the price is lower. If you want a Notary to go to a hospital at 3am, you might be looking at paying double or triple the normal fee. Sometimes the Notaries who offer 24 hour service will yell at you and ask, “Why are you calling me so late? Do you have any idea what time it is?”

Type of Job
If the job is a document signing or loan signing the price will be more of a standard price. Most Notaries do loan signings for $70 to $110 unless they consider themselves to be fancy in which case the price would be $125 to $175. Hospital and Jail jobs cost more because there is more involved, more legal risk, more waiting time, and the clients are normally more difficult. Additionally, since fewer Notaries will do hospital and jail signings, the price by default goes up.

Printing
If the Notary needs to print or fax anything the price goes up.

Waiting Time
If you keep an experienced Notary waiting, they will normally want to get some sort of compensation for their time. Some have a set rate while others have a very foggy idea of what to do if you keep them waiting. Try to be prepared so you don’t keep anyone waiting.

Legal Advice
Please do not ask a Notary for legal advice. They are not authorized to give any, and you will not get good information from a notary about legal matters anyway unless they are an Attorney Notary. Ask an Attorney who is competent and specializes in whatever your question is.

Document Drafting
Ask an Attorney where to get your document drafted and what terms to put in it. Notaries should not help in drafting documents unless they are legally authorized to do so which is rare.

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