Journals 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

September 16, 2018

Index of posts about Journals

Here is our index of posts about Notary journals

Notary Public 101 — Journals
This is a more comprehensive guide to understanding using Notary journals although we do have supplemental reading as well.
http://blog.123notary.com/?p=19511

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Everything you need to know about journals
123notary.com/?p=70

How many journal entries do you create if you have two signers each signing three notarized documents?
http://blog.123notary.com/?p=19391

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

Journals with check boxes
http://blog.123notary.com/?p=19373

Do journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What is someone signs the wrong line in my notary book?
http://blog.123notary.com/?p=19324

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

Five things a Notary must do
http://blog.123notary.com/?p=19583

Why keep a journal?
http://blog.123notary.com/?p=19377

NNA is a great place for 1-stop notary shopping especially journals
http://blog.123notary.com/?p=13632

Share
>

September 5, 2018

An idea for safeguarding used notary journals

If you are a California Notary, you are required to safeguard your current journal and keep it under lock and key as well as your Notary seal. However, the used journals that stack up in your closet are not required to be locked up. This poses a problem. What if there is a fire, flood, or you lose them, or they get stolen?

I talked to my father, a retired programmer and retired Attorney. He thought the books should be returned to the county clerk. I told him that would be a bad idea because sometimes there are inquiries about journal entries and the county clerk might be sluggish about responding to queries.

Another solution could be to have local lock boxes for Notaries spread out throughout each big county. That way the Notary can keep their journals safe in a lock box exclusive to them, but have access without having to drive more than a few minutes. They could put copy machines in those storage facilities too. It is an expensive idea, but safeguards the integrity of our profession. What do you think?

Share
>

January 29, 2018

Journal abbreviation keys

Filed under: Journals,Technical & Legal — admin @ 12:50 am

Many people take the easy way out with their journal. Journal keeping is seen as just an arduous task with no higher meaning. Many people feel that they can do a shoddy job doing their journal since it is not required in their state. However, if you are in front of a judge you need a clearly filled out journal whether your state requires it or not.

Many Notaries use the check box journal. I recommend against this. The check box journal says, “E&O” as one of the names of a document. If the real document says, “Errors and Omissions Compliance Agreement” that is a completely different document. E&O is an abbreviateion for the first three words, but what about the last two words? Don’t take liberties.

Then there are other Notaries who just write, “10 Grant Deeds.” If you are ever in court, you need to know which Grant Deed is in question and if you really notarized it. Keeping escrow numbers, names of parties involved and addresses helps to narrow it down.

DOT could be a good abbreviation for Deed of Trust. However, if you are in court years later what will the judge say? What if you have bad handwriting and use abbreviations?

My philosophy is to keep an abbreviation key in the inner cover of each journal you use. I had 70 journals in my career so I could have a lot of keys. You can have a key that says:

DOT = Deed of Trust
AFF = Affidavit
E&O Comp Agree = Errors & Omissions Compliance Agreement.
Corr Agree = Correction Agreement.

This way you have a system that is documented just in case.
Or, just write the entire name of the document out. Or you could only abbreviate Deeds of Trust since they are so common and not abbreviate the others just to keep reading the journal more straight forward.

The worst thing you can do is to write, “Loan Docs.” When you put the names of documents in your journal, each document is legally separate, and the fact they are part of a package does not make them legally all have the title, “Loan Documents.” Each document has a name that must be entered in your journal if you notarize it.

Share
>

December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

.

You might also like:

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

Do you keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

Share
>

September 19, 2017

The signers claimed not to have signed the documents

Filed under: Journals,Notary Mistakes,Popular on Linked In — admin @ 12:54 am

A Notary’s commission was suspended for three months. His signers went to court and claimed not to have signed any documents. The Notary’s journal was the one piece of evidence that solved the case and got the Notary’s commission back. So, if you are one of these Notaries who says, “But, my state doesn’t require me to keep a journal.” Think again. Your journal is the one thing that can save your hide.

Your journal can save your hide, but you must hide your journal and keep it under lock and key when not in use!

But, what if you did have the signers sign your journal, but you used the “cram it in” style of filling in your journal where the signer signs once but for multiple documents. They could claim you added more documents after the signing since they only signed once. So, think about the logical reason why God invented Notary journals and read what the NNA says about filling in your journal. Nobody teaches it as well as they do.

.

You might also like:

$4000 in legal fees because a fraud added a name to an Acknowledgment
http://blog.123notary.com/?p=19477

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

If you are named as an identity theft conspirator, it could cost you $20,000 in legal fees.
http://blog.123notary.com/?p=19481

Share
>

September 12, 2017

Why keep a journal? Don’t wait until you get a call from the FBI.

I have the worst time talking to Notaries in NJ, NY and Florida. They have the worst attitude. The minute ask them a journal quesiton the answer is usually — my state doesn’t require me to keep a journal. I have heard this so many times I just want to throw them off my site just for saying that. I am so upset, that I have decided to have formal standards on 123notary for what we require in our jurisdiction online. Journals will be one of the requirements.

When you are:
Investigated for fraud that you notarized
In court or
Need to look up a former transaction for some reason

Your journal is your only recourse. If you don’t keep a journal, you will not be able to answer to investigators. A journal thumbprint is sometimes the only way the FBI can catch an identity thief. If you don’t keep one because your state doesn’t require it, then you are empowering identity thiefs. Florida’s FAQ page states that they don’t want Notaries to require a thumbprint. That is like asking parents not to require their children to wear a seatbelt. When your child comes home with a fractured jaw, you will change the way you look at this “requirement.”

I was investigated three times.

#1. An investigator suspected an elderly couple of being ripped off. I told him I found the transaction in my journal and had a thumbprint. He said, “Investigation over.” I was off the hook because I kept good records.

#2 A routine inquiry with a journal entry copied and sent to the inuirer.

#3. Someone copied my seal using a xerox machine and pretended to be me. I looked in my journal and found the exact day when the crime was committed. I did a few other jobs that day, but not the job in question. The handwriting on the acknowledgment didn’t match mine either and they did not do the cross outs or use an embosser. Having a journal saved my neck. How can you not keep one?

Another story was that a shady guy wanted to be notarized by me. I told him that I required a thumbprint. The guy protested but I stood my ground. He declined and found another Notary. I detered a potential fraud from happening and it was easy. NNA sells thumbprinters for about $16. Buy a few. It is your best protection.

NNA teaches proper journal filling technique. Learn from them. They teach Notary knowledge better than anyone else.

.

You might also like:

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

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

How many journal entries if you have 2 signers each signing 3 documents.
http://blog.123notary.com/?p=19391

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

Share
>

September 5, 2017

Comparing journal entries to fedex signatures

Believe it or not, most Notaries on 123notary do not fill in their journal correctly. It is not rocket science. The rule is:

One entry per person per document.
Two people each signing three documents = SIX journal entries.
But, won’t that take too much time and use too much of your journal? It will only take a few minutes.

Let’s say that Johnny is signing ten documents that are to be Notarized. You put the date, type of notarization(s), document names, document dates, name of signer, address, ID information, notary fee, etc. Next, you draw an ARROW down for the date which remains the same for all ten entries, the name, address, and ID. Then, the signer has to sign for all ten entries. That takes less than a minute. 123notary suggests thumbprinting whether it is required by your state or not as a security measure to help the FBI when they come a knocking. They are bothering one of our Notaires as we speak (or type) and confiscated her journal. So be prepared!

What most Notaries do is one entry per person. Then, they put all the names of the documents in the document section. They have the signer sign once. This is stupid.

If Fedex delivers five packages to you do you sign once? No, you sign once per package and there is a corresponding tracking number next to your signature so you know what you are signing for. If you have a signer sign once in your journal for multiple documents, they could accuse you of having added more documents after the fact and having used them for fraudulent purposes. You would have no way to contest their accusation as the signer did not sign for any particular document.

The bottom line is to have the signer sign once for each document. That way you have proof that your work was authorized and your journal will then be up to standards. And once again, it doesn’t take more than a few mintues and it’s not rocket science.

Share
>

August 27, 2017

How many journal entries do you use for two signers on three documents?

Filed under: Journals — Tags: , — admin @ 11:51 pm

Many states don’t require a journal. However, your journal is your only evidence if you are investigated. As a Notary, for every 3000 Notary appointments (not acts) you do, you will probably be investigated once based on my personal experience. If fraud is involved on anybody’s part and you don’t have a journal entry, you will have no evidence and could be pulled into court for weeks which would result in your loss of income.

Additionally, we recommend the use of thumbprints in your journal for all critical notarizations, especially those involving Power of Attorney documents Living Wills, or Deeds affecting real estate. It only takes a few seconds to thumbprint someone. A thumbprint cannot be faked, but ID can, so you have no reason not to take thumbprints, and plenty of security related reasons to do so. NNA sells inkless thumbprinters for about $15.

If your state doesn’t require journals, use one anyway for your protection.

Back to the question. If there are TWO signers and THREE documents, you will need SIX journal entries. One per document per signer. What some Notaries do is they create one journal entry per signer and then indicate a list of all the notarized documents they signed. This is wrong and perhaps illegal. Not only is it bad to only create one journal entry per signer, but you might forget to add a document, or if there are cross outs after the fact it will look very sketchy.

However, you don’t need to write all of the info for each journal entry. The signer’s name, address, and ID information can be copied by putting a down arrow or “ditto” quotation marks. However, legally, the signer needs to sign for each document that is notarized and the name of the document, date, time, and type of notary act needs to be indicated for each document.

Additionally, there is an “additional notes” section of each journal entry near the right. If the building looks unusual you can take notes about the building. If the signer is acting weird or looks weird or has a tattoo on his neck or anything else unusual, you should write that in your journal to jog your memory if you ever have to go to court.

I did about 7000 Notary appointments and they all became a blurr to me. The only people I remember were Gary, the guy who blew up his apartment while experimenting with explosives (not a good idea) and a Korean lady who had me notarize the sales of her massage parlors (she paid cash). I also remember Dr. Kwak (pronounced Dr. Quack) who was an acupuncturist. I vaguely remember an impatient rich guy who lived in West Hollywood, did business deals in his pajamas, and played golf. And of course Mr. Yee the Attorney who had me do all of the Health Care Directives each with 80 pages of which I embossed every single page every single time to be prudent.

So, the moral of the story is that if you don’t know how to use your journal like a pro, the NNA has tutorials that you can purchase, and they are highly recommended as they could keep you out of court (or jail.) Or both!

.

You might also like:

An idea for safeguarding used notary journals
http://blog.123notary.com/?p=20098

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

NNA – what every notary needs to know about notary journals
https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

Share
>

August 13, 2017

The journals with check boxes? What does Jeremy say?

Filed under: Journals — admin @ 11:27 pm

Don’t use it!
Any time you check a box rather than writing something in by hand, you are risking making a mistake. You are dealing with legal documents here. Being a Notary is not the same as working for the circus. The consequences for a mistake could end you up in court.

Additionally, many document names have variations. If you check the box for an Errors and Omissions document where the real name is Errors and Omissions Compliance Agreement, you did not reference the correct document.

The more serious problem with check boxes is that many Notaries feel that the laws affecting proper journal filling procedure suddently change the minute you use the check box journal. Many Notaries feel you no longer have to obey the one document per entry law or principle. Not true! The principle is still the same. The signer or borrower has to sign for each journal entry and for each document in a separate journal entry — no exceptions and don’t cry about how much longer it will take you. You are Notaries, not clowns!

My suggestion is to use the regular NNA soft cover Official Journal of Notarial Acts. It is good for any type of Notary act, has room for a thumbprint, notes about the signer, room for credible witnesses, etc. It was all I ever needed and I went through about six dozen in my career.

I first saw a real journal with check boxes recently when Carmen showed me hers. She fills hers out by hand instead of checking boxes by the way (which is correct). However, the journal doesn’t mention that many choices of documents (only about 18) so if yours is a variation on a name of a document or not on the list you still need to write it by hand. The check boxes only encourage bad bookkeeping. So, no more check boxes. We don’t like it. It is not professional, safe or a good practice!

.

You might also like:

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

Do Notary Journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

Share
>

November 17, 2015

Filing out your journal before the appointment?

One notary on Linked In wrote about filling in their journal before the appointment. Honestly, there is nothing illegal about this. However, if one of the parties doesn’t show up for the signing, you might have to do a lot of crossing out in your journal which might not look good if you ever get audited. I have not heard of notaries getting audited, but your state could raise its standards any time, so behave as it if could happen.

If you have limited time at a signing, you might be tempted to pre-fill the Acknowledgment forms and journal entries. It is illegal to stamp the certificates before the signer has signed your Notary journal and the document. However, putting the wording in is okay. The problem is that last minute changes do happen regularly. Signings can be postponed until the next day, and if you put the date in, or there is a last minute name variation change, you will not be able to use that form.

Personally, I feel that you should not fill in forms before or after the appointment. It is easier to make career-ruining mistakes if you divide these tasks into two sessions. You are more present at the signing (at least I am) and you should fill in the forms with the signer in front of you. As a Notary, saving a few minutes at the signing is not an important goal. Filling out these Notary certificate forms is generally very quick if you have experience. The main goal for signing agents should be to develop good practices which keep your error rate near zero.

So, my advice is — avoid the possibility of messy situations. Don’t preword your forms or journals. Do it at the time of the notarization. Be safe! You could call this a “Best Practice” or the avoidance of a “Non-Best Practice”

You might also like:

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Everything you need to know about Notary Journals
http://blog.123notary.com/?p=70

Share
>
Older Posts »