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January 12, 2017

#1 Notary Error

Filed under: Carmen Towles — Tags: — admin @ 9:17 pm

This is a notary public service announcement…..:)

Please notaries DO NOT use your notary stamp where you see just the word ‘seal’. I have posted a couple of definitions of the term ‘seal’ from a couple of places below.

“Seal” after a signature is not just another word for signature. It is a remnant from the days when seals were actually used and impressed in wax. A document under seal in some jurisdictions has legal ramifications. It may extend the statute of limitations for legal actions taken under the document. It may eliminate the necessity for proving consideration on a contract. It may do both.”

“In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it. In the courts of common law jurisdictions, a contract which was sealed (“made under seal”) was treated differently from other written contracts (which were “made under hand”), although this practice gradually fell out of favour in most of these jurisdictions in the 19th and early 20th century. The legal term seal arises from the wax seal used throughout history for authentication (among other purposes).
Originally, only a wax seal was accepted as a seal by the courts, but by the 19th century many jurisdictions had relaxed the definition to include an impression in the paper on which the instrument was printed, an embossed paper wafer affixed to an instrument, a scroll made with a pen, or the printed words “Seal” or “L.S.” (standing for the Latin term locus sigilli meaning “place of the seal”).”

So, it appears by these definitions this was something that was used in 19th and 20th century when folks used wax seals. But for some reason, new notaries seem to want to affix their notary seal on loan documents everywhere they see the term ’seal’. In my opinion, I believe that this is the number one mistake made by newly appointed notary public/signing agents. I get calls here about this at 123notary.com all the time. This is why it is so important to understand what is to be notarized and what is not. Notaries remember you ONLY affix your seal to places that the signer has SIGNED and there is ‘notarial wording’ (wording such as: appeared, sworn/affirmed before, along with the state, city, etc.) that is present below the signature. NEVER EVER affix your notary seal/stamp to anything that has just the world ‘seal’ and/or that has no notary wording. You always must have some sort of notarial wording present after the signature. Doing otherwise, will get into big trouble with the hiring party not to mention the Secretary of State. Also depending on the situation and the request you may need to attached a notarial certificate. You should keep both acknowledgments and juarts for your specific state handy. And also please remember that you are notarizing the SIGNATURE on the document not the document itself.

Regrettably, just recently, I advised 2 notaries to reprint and go back out to the signers to re-sign due to this error. Glad they called me so they could get it done correctly before they returned the documents. I often wonder why the lenders still use documents that are are outdated and confusing….

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January 6, 2017

Notary Purgatory

Filed under: Andy Cowan,Humorous Posts — Tags: , — admin @ 12:51 am

Notary purgatory

After a notary’s lived a not so exalted life (authenticating less than authentic documents) but not so awful life (remembering to replace his expired commission and milk) he may not be headed for heaven or hell but somewhere in between: Notary purgatory. It’s a temporary way station. The gates of heaven are on one side, gates of hell on the other. The hell of indecision is magnified here, so you’re undecided about which place you want to ultimately wind up in. Maybe you aren’t sure which destination you deserve, and maybe neither is God! You always get paid but never get paid that well. You always get clients but they always micromanage you. You start out writing a blog you think has possibilities and it winds up having zilch. Uh-oh, I’ve entered Notary Hell! In Notary Hell, what you get paid for in signings gets eaten up and then some by the cost of gas to get there.

In Notary Hell, you get bitten by the rabid dogs of clients. In Notary Purgatory, you get bitten by the clients. In Notary Hell, you witness your clients having sex. In Notary Purgatory, you witness your clients’ dogs having sex. In regular hell, you witness your parents having sex, but let’s not go there. In Buddhist Notary Purgatory, you’d witness 31 planes of existence. You’ll find Baskin-Robbins here, but the fact all 31 flavors are melted is more hellish than purgatory-ish.

In Notary Hell, the signers all use invisible ink and you don’t get paid. In Notary Purgatory, you do get paid but you spend it all on lottery tickets.

The only way to move from Notary Purgatory to Notary Heaven is to have a righteous state of mind. This may not apply, however, in the state of New Jersey.

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January 3, 2017

Who is the Notary?

Filed under: Ken Edelstein — Tags: — admin @ 12:17 am

Who is the Notary?

Frequently, in over a decade of doing this, an occurring event is: a request for backdating, either directly or processing yesterday’s docs today, without updating the date in the notarization. What dates are in the rest of the doc is of no concern to me. One dim bulb in escrow connected me to the LO for “clarification” of the rules. “Any date in the notary section may be used as long as you have the permission of the LO in charge of the transaction”. “The LO has final “say” in all matters”!

Readers, ya better open your window; from here on the stink will be getting worse. Sayeth the LO: the escrow manager told you how to proceed – and the “entries” in question “require” the notary section to conform to the rest of the document. You risk a costly lawsuit if you “intentionally” cause the funding to be cancelled!” That LO must have a PHD (Piled Higher & Deeper) because rarely is so much BS directed in my direction. Mr. LO: MY definition of the “notarization date” is the date the notarization was performed. LO: you are being “an obstructionist”, your insistence will cause financial damage to many, especially to you.

Well, I detect a smidgen of truth in LO’s statement. Specifically the LO will not receive, or have delayed; the commission. So, I make a “small” request. LO, sayeth this humble scribe; I was not aware of the broad scope of your authority over all specific entries in the package. Perhaps I misunderstood my reading of rules and laws governing my actions. Thank You for the new information. I consider myself a fastidious notary, and keep very detailed records regarding the assignments I process. Ours, up this point; have been verbal communications – I need but a moment of your time to add some documentation to the project’s file. Please type out on company stationary what you wish me to do and hand sign it. Also sign under a photocopy of your driver license. Email to me both attachments directly from the computer at your office, not your cell phone. Watta surprise, the requested email never arrives.

Now to today, and it’s nowhere as near egregious as the prior LO BS. Today’s issue was about one of the most basic concepts that govern our daily activities. Namely, who is the notary? Who is the ultimate authority as to what you actually do, and/or permit? It really was about a small thing. On the pre-entered Patriot Act form, the driver license number had a transposition of two digits. The simple fix would be to redo the document. But, that option was not available as the borrower copy was identical; and no blanks were available. I only mentioned it, while at my PC, because a license photocopy (only for return with the docs) had just arrived. When asked if I had the images, I mentioned the need for me to correct and initial the related document: Patriot Act ID form.

That started an email storm that numbered over two dozen! The Bank Officer was insistent that the borrower initial the change – “It’s the borrowers license number, ONLY the borrower has any right to alter what was printed”. What this notary-should-never-be failed to accept (after being told several times) is that I, and only I; am the one signing the form. It is my understanding that all signatories to a document initial any handwritten changes. Only them. It is MY statement as to the ID that I observed, and I am the only one signing the form.

As misunderstanding and not outright fraud was in play, the “signed letter” response seemed overkill. We reached a compromise; something I rarely do. But, in this case, I felt comfortable with being flexible. How about if the borrower initials after I initial? Fine, chirped the BO (sometimes an abbreviation can add a new and justified connotation); as long as I have the borrower initials I’m fine. So was I – because the “solution” came from me, based on my understanding of applicable notary law.

Yes, I know, when the borrower initialed the document, that, in itself, was a change to the document that only I signed. Thus, it “might” follow that I should initial after the borrower initials to “accept” the change (addition of borrower initials) to the document that only I signed. Sorry, I seem to have taken you from a bad smelling situation to one that is making both of us dizzy. Suffice to say that I did not re-initial. I had already initialed and it just seemed absurd to take that path. Back to the main message: you not they, must decide how things are to take place; with the highest objective being notary action legality. However the chips fall, the notary has the final/only say.

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December 27, 2016

The Care and Feeding of Mentors

Filed under: Ken Edelstein — Tags: — admin @ 11:01 pm

The Care and Feeding of Mentors
Jeremy published an excellent article on finding a Mentor – http://blog.123notary.com/?p=16793 OK, you followed the advice and found one willing to work with you. Now what? That is the essence of this post.
“I’m in a hurry, I don’t have much time in my schedule to devote to study or research; the bottom line is this: I want to know specifically, using my Notary License, exactly what you can do to make me rich”.

Believe it or not, that is essentially what several Mentor requesting notaries have asked me. A common theme is that they want the “fast path” to the Big Bucks. They perceive their Notary status as having the deed to a gold mine, if only they could find the exact location of their mine, to pick up the nuggets lying about for the taking. In a similar manner, when I go to the NY State Dept. offices (which administer Notary and Real Estate Broker license tests) I often hear the prospective Brokers discussing the “killing” they plan to make by selling the Empire State Building – “that commission alone will set me for life”.

There is nothing wrong with having high aspiration, but it’s real life that it also requires a large amount of perspiration to “get there”. Delusional can be defined as a false or mistaken belief or idea about something. I don’t use that word to be critical, but rather to stress the point. A Mentor devotes their time, and shares their skills and knowledge; generally without compensation. That is not always the case. I had a request to teach how to process some rather complex documents – it took a full “hands on” day; and I was paid accordingly. However, that is a rare exception.

Most requests for me to Mentor come via email and start with a liberal dose of flattery. OK, it makes sense to say something nice to someone you want to do you a favor. As covered in the above mentioned blog; I really don’t want to create competition “across the street”. So far, that has not been the case. It’s a heavy lift to train someone to be a Signing Agent from “scratch”. So I usually suggest they take a course on the subject and really learn the material. There are several sources for “basic training”. It’s just too time consuming to cover the Venue, ID requirements, Oath, and such. When I was learning to fly an airplane, initially I read about theory, and then flew simulation on my PC, graduating to renting a plane and an instructor. Getting in the plane with instructor and not knowing anything would be inefficient.

The following scenario has repeated itself several times over the past decade. I receive the request, with flattery, to help someone who wants to grow their business. Rarely is there a specific question included, just the general goal of self improvement (scores intent points) and, of course, the desire for more money. That’s fine with me – they are, in my mind, a “contender” wanting to better themselves. So, with my very first email reply I want to determine if they are willing to really WORK for their goals.
I give a “homework assignment” – it’s always the same. I ask that they read my last dozen, or more if they wish; blog entries. Then, citing which blog they are referring to: ask 12 detailed questions that relate to an issue or concept in that blog that is unclear or should be expanded upon. Why? If I’m to spend time being a true Mentor, I have to “know” the person I am working for (yes it’s working for). They have to show me that they really will put “skin in the game” and work for their own benefit. I also want to see their writing skills and get a sense of what they consider important to learn. This dispels the myth that I have a bucket of knowledge that I can simply pour in their direction. As Jeremy mentioned, there is a vast wealth in the blogs, of which my stuff makes a minor, but often useful contribution.

Sad to say: to date not a single “student” submitted their homework – not one! My intent was never to “chase them away” – If I wanted to do that I would simply reply that I was too busy. Beginners: let your prospective Mentor know that you are willing and able to WORK hard “with” them, for your gains.

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December 10, 2016

Russian notary Hacks Hillary’s Emails!

Filed under: Andy Cowan — admin @ 6:13 am

FBI director Comey thinks the Russians may have hacked Hilary Clinton’s emails. (And that’s pronounced “Comey,” not “commie.”) And it could very well be a Russian notary! Then again, it might not be a Russian notary. Or it might be somebody who wants you to think he’s a Russian notary. And these could be duplicates of emails Comey has already seen. Comey is sure of one thing. That he’s not sure of this one thing.

Nevertheless, speculation continues that a Soviet notary public has hacked into Clinton’s most sensitive emails. How do we know they’re sensitive? The smiley faces aren’t quite smiling. More like biting their tongues.

Since some of the emails were duplicates, the notary wanted to charge extra for duplicates. (A buck’s a buck, or as the Russian notary put it, a ruble’s a ruble.) But the government refused to pay more, so the notary suggested a nice game of Russian roulette instead. And being a gentleman, he’d let the government “go” first. The notary lived to complain in the 123Notary form about not being paid enough.

A sign it could be a notary who did the hacking: They fixated on one of the terms in one of the emails, “executor,” a person in charge of carrying out the provisions of a will. One sign it could be a Russian notary approved by Putin: Their fixation on “executor” as it relates to a person in charge of causing another person to need a will… namely, the person who executes the other person! Let’s not forget Putin was former member of the KGB.

Hillary’s emails were found on a computer used by her assistant, Huma Abedin, and notorious sexter, Anthony Weiner. The same computer on which Weiner wrote about his no longer private parts to various women. In one email, the Russian notary validated they were indeed Weiner’s private parts, and that he was of full age and capacity to perform as a sleaze by stamping it with his seal of disapproval.

Other classified emails of Hillary’s the Russian notary is interested in… when she accused Trump of being a puppet for Putin. The notary asked which kind of puppet she accused Trump of being, a hand puppet, or marionette? If the latter, the notary wondered why Hillary wouldn’t thereby feel a kinship with the Donald since there are always strings attached with Hillary as well, something the notary had acknowledged in an acknowledgment certificate.

If Hillary becomes president, instead of the Chief Justice witnessing her taking the oath of office, the Russian notary asked why not a professional? Namely, a notary? Plus he’d be able to witness her signature on her first veto – when Republicans in Congress vote to make America grating again.

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December 4, 2016

Power of Attorney – Notary Processing Mistakes

Filed under: Ken Edelstein — Tags: , — admin @ 9:20 pm

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

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November 24, 2016

Photocopy of ID for a Power of Attorney?

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 11:38 pm

Photocopy of ID for a Power of Attorney?
Confession is good for the soul, though sometimes it might land you in the Pokey. With trembling fingers and much trepidation; I relate the following sad story. Before doing so, please understand that I receive many of my blog entries from what happened to me: http://kenneth-a-edelstein.com

It’s a close call, perhaps even a tie. No, I’m giving the Power of Attorney top billing for fraud potential, first runner up will be the Deed. I have heard the Power of Attorney referred to as “the cocaine of legal documents” – strong language indeed! With that, and the first paragraph as background:

The call comes in from a highly distraught caller, the parent is terminal. The sibling needs a Power of Attorney – urgently and quickly. It was difficult to obtain the information I require to determine if the request should be accepted. I don’t have “higher” ID requirements to process a Power of Attorney; to me a notarization is a notarization. Sometimes the methodology differs, but, basically we ID, witness signature, give oath, then complete notary section. In addition to a nice clean, well inked, stamp; it is my custom to emboss every time.

Back to the caller. With hospital situations the ID is often a problem. I managed to learn that both the patient and the sibling have driver license photo ID. Never skimp on the oath with any part of a Power of Attorney. So, I inquire as to the patient’s ability to understand the document, my notary oath; and is able to sign unassisted. OK so far, there will be two copies processed of the Power of Attorney; and both the Principal and the sibling Agent will be notarized. As this was to be done in the room of a terminal cancer patient, I was told I would have to “suit up” to protect the patient.

In a prior blog http://blog.123notary.com/?p=16469 – I had harsh words for notaries who refused a blind affiant. Well, I’m sure many would not want this assignment. Going into a terminal cancer situation is emotionally taxing. Again, I stress the “ground rules” for me to be able to notarize. The Agent wishes to PayPal, immediately – probably assuming that would assure my arrival. She mentioned that the hospital was in possession of the patient’s credentials, and that obtaining the driver license would not be a problem.

Surprise. I am shown a photocopy of the Patient’s driver license. I gently go into my explanation of why a photocopy cannot be accepted. I had to. Unfortunately, the Agent broke down in tears. The Power of Attorney, while not being a Health Care Proxy; was desperately needed for some expenses. I am as empathetic as most, but a Photocopy? Not a chance – not because it’s a Power of Attorney, but because that does not (in my sole opinion) meet the NY State standard of being shown “adequate proof”.

“The Patient Representative just delivered it to me”, “they cannot release the patient’s property unless I have a Power of Attorney”. Verifying with the Patient Representative, who had multiple hospital photo ID tags prominently displayed, “I cannot release any items, but did provide the driver license photocopy, made moments ago”. I accept the photocopy as valid ID, now being “adequate proof” – in my opinion.

I suit up. Facemask, hand washing, rubber gloves, cap and complete cover all gown. The patient cannot talk due to apparatus in throat; but is aware and answers some basic “understanding” questions with head motions. Patient, now Principal on the Power of Attorney, is just barely able to sign. I administer the oath and receive an affirmative series of “nods”. We adjourn to a conference room to process the Agent of the Power of Attorney and complete the paperwork. Another “rough” one, complete with a variance from “standards”.
I’m glad I was called first. I would not want “declining notaries” to exacerbate my client’s mental state.

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November 20, 2016

Power Of Attorney Documents – Submitted as a double credit document

Filed under: Ken Edelstein — Tags: — admin @ 9:22 pm

Power of Attorney vs a Will
There are many types of Power of Attorney documents. However, the general theme is that someone is granting authority to someone else. A Will contains the maker’s words, directives and decisions. The executor of a Will is not a decider of asset allocation, rather a facilitator of the deceased’s allocation desires. In contrast to a Will, the Agent of the Principal (of a Power of Attorney) “may” have the authority to “call the shots” – or, the Agent may be severely constrained. Usually the Agent has “some” authority to sign for the Principal. In almost all cases, the authority granted by a Power of Attorney ceases upon the Principal’s death. The Principal granting power to the Agent may revoke such power at any time unless incapacitated. A Will can also be revoked, until Probate…..

Lifespan of the Power of Attorney
The Durable Power of Attorney – (General or Limited) remains in effect when the Principal becomes incapacitated. If the Power of Attorney is not Durable, the authority of the Agent does not exist if the Principal is in no condition to revoke the authority.

The Springing Power of Attorney – Similar to the Durable, the Springing only “comes into effect” when the Principal is incapacitated. As the definition of incapacitation can vary, the specific definition of the “trigger” should be specified in detail in the document itself.

Scope of the Power of Attorney

The General Power of Attorney – This allows the Agent to sign the name of the Principal unless it’s illegal for them to do so. One example: you can’t grant power for someone to sign your notary signature. If the word Durable is included, the power remains unless revoked or death of the Principal.

The Limited Power of Attorney – (sometimes called a Special Power of Attorney) grants from Principal to Agent authority to perform specific actions. Often this format contains an expiration date. Commonly used with loan documents, authority is granted for the Agent to sign various paperwork related to obtaining real estate.

Entitlement of Agent to Receive Payment

Unrelated to the “Gift Rider”; when the Agent manages (in some jurisdictions) property, they have a statutory right to be paid. Amounts vary, but a very rough guideline (unless otherwise specified) is:
3% of money received by the attorney,
3% of money paid out by the attorney on your behalf, and
3/5 of 1% of the average annual value of the assets covered under your power of attorney.

In personal transactions, the Agent has no right to be paid unless specified by the Principal. In some cases, the Agent applies to the Court to allow payment for Agent Services. In the vast majority of what we will see as Notary Publics, payment is rarely a concern or specified. When a payment arrangement exists, it will usually be part of a separate contract and not contained in the distributed Power of Attorney.

How the Agent uses their Authority

Assume Lock is giving Key an Agent relationship. Key would probable use one of the following formats:
Lock by Key as Attorney-In-Fact
Key as Attorney-In-Fact for Lock
Opinions vary, I prefer the first example because Lock is written first matching the “under the line”.

Considerations for the Notary

ID – Follow your jurisdiction requirements – To The Letter. Power of Attorney documents can easily be litigated in a court. Look very closely at the ID, if it’s a 35 year ago picture does it look like the affiant?

Capability – a tough one, but I like to ask why they are signing, what does this document do?

Initials – Almost never required, but let’s think about it a bit. Initials are mainly used to acknowledge seeing a page. But, I submit they also “mark” a specific page as having been accepted. While I don’t suggest affiants to initial each page (Principal, Agent(s), Monitor(s) and Successor Agent(s)) – I would insist upon it if I was the Principal and not the Notary.

Blank Lines – The Principal should consider a N/A in each not-applicable area. For example: there is usually an area for the “second agent”. If this was subsequently completed, and a “loose ack” added to the document – it might appear that the second agent was approved by the Principal.

Oath – I know, many do not bother to administer an oath. On Power of Attorney documents ya better!

Suggest More, Earn More – Under most jurisdictions, a photocopy of a notarized document – is Not a notarized document. One copy will suffice for a task specific use, as in a Signing. However, a general care giver might need many copies. It is likely that a financial institution will require an original for them to permit the Agent to use their power(s). Your client might not know this, often they assume a photo copy will work the same as an original that was “wet signed” and embossed. A few dollars for each extra copy is a value to your client and might add up to some Sesame Chicken for you.

Witnesses – rare for Power of Attorney but does occur. I feel the witnesses should also be notarized whenever possible. The California “Long Form” Acknowledgement is perfect for this as it has specific areas to associate the “loose ack” to witnessing the document.

Closing Thoughts

I receive many calls for processing Power of Attorney documents. Often the caller is somewhat angry about their recent notary experience. They relate that the notary at the bank refused to notarize a totally legal to process document, it’s bank policy – they relate. The bank does not want their “deep pockets” as part of litigation. These are much more likely to be contested than an application for a passport.

It’s not often, but sometimes someone wants me to notarize their self written Power of Attorney. Of course I can do that, but I caution them that, in the majority of my experience – the document is not in a state specific standard form. Furthermore, your document might not be accepted as you intend. I am willing to proceed, but you have been cautioned that it might not suffice. They can make an informed decision.

Sometimes for a Power of Attorney signing I receive a copy (photocopy or via email) of the relevant Power of Attorney. They send it so I can “verify” and “accept” the Agent signing for the Principal. It is my opinion that I have no requirement to see that document. First, I am not an Attorney, and “technically” am not qualified to judge, read, or take any action; even if the original “wet signed” was submitted. Nor would I be in a position to know if the authority had been revoked, or if the Principal is deceased. When I notarize “Lock by Key as Attorney-in-Fact” – I am notarizing Key – only. Key is stating explicitly, and under oath (I think – it gets a bit fuzzy here, I’m not an attorney) that Key currently has AIF authority.

At the start of this blog entry I mentioned Lifespan and Scope and covered the more commonly used documents. Note that their characteristics can be combined in multiple ways. I think there could be, of the ones covered Four Factorial permutations: 4 * 3 * 2 *1 = 24 variations! This is one document that I never want to have to read and explain (with liability!) to those I will notarize.

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November 18, 2016

10 things Notaries can do to screw up a notarization

Filed under: Humorous Posts,Other Guest Bloggers — Tags: — admin @ 11:17 pm

1. When walking into a house where the borrower’s have large dogs, remember to not wear a suit of meat, as you will most likely get mauled ferociously

2. Always remember to have a small spare small container of vicks vapor rub, use just a little bit when entering the domicile of a hoarder or, of the special person who hasn’t figured out how to connect their ostomy bag

3. Under no circumstance should you ever bring your 175 lb ferocious rottweiler to a mobile appointment and let them attack your customer.

4. If you’re trying to conserve paper and think it is prudent to duplex (print on both sides), please don’t use that copy for the borrower’s to sign.

5. It’s common sense that if you don’t have your own solution, to print docs as in your own printer, don’t go into the borrower’s home and ask to use their printer to print their docs, and even more especially so, if they happen to be the respective secretary of state in your jurisdiction… remember to swear them in.

6. Body modification is great, and it is completely fine if you want to be an individual…. but if you look like you just bought the hardware section at home depot and affixed it to your face, maybe that isn’t the best way to impress a perspective client….

7. Always remember, the set of documents that the borrower’s signed, is the one you’re supposed to send back to the title company, If you have sent back the blank copy to the title company, you might not get away with stating you used invisible ink.

8. Always be prepared for almost every scenario, make sure you have extra stamp pads for when the ink starts to fade, blue or black pens depending on your jurisdiction, a writing or signature guide for the nearly blind or elderly goes a long way and you can be certain they’ll sign in the right spot. if you have a mobile printer, extra toner and always have extra paper.

9. If you plan on adding a piece of new technology to your equipment list, make sure to test it, find the faults, search the solutions, before you bring it out on the street. Also, before you go out for the day that your devices have a full charge. It’s great if you have a mobile scanner, but if something goes wrong, as things do… its even better if you have a solution or back up plan in place.

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November 14, 2016

Trump caught on mike with a Notary

Filed under: Andy Cowan — admin @ 11:10 pm

Trump Caught on Hot Mike with a Notary!

We’ve all heard the scandalous 2005 tape by now of Trump with Billy Bush talking about how he can grope women with reckless abandon, simply because he’s a star and can get away with anything. Well now 123notary has unearthed an exclusive tape from 2006 of Trump talking to a notary between takes on season 3 of The Apprentice!

Trump: Did you see that babe’s signature? That thing had more curves on it than she does. I give it a ten.

Notary: Of course I saw it. I’m a notary. Although I prefer the professional “witness” over “see”. I also prefer that other signature over there.

Trump: That’s a flat signature. A flat signature can’t be a ten. Speaking of curves, I’d like to grade her on a curve. I give her a nine. Put it this way: I wouldn’t kick her out of bed. And I can get her into bed, because I’m a star. Now, if I was grading Rosie O’Donnell on a curve, she’d be a negative three. Imagine how low she’d be if I wasn’t grading her on a curve?

Notary: Mr. Trump, why are you groping my seal?

Trump: I’m a star. I can grope anything I want to. I like how it’s not flat. Do you remember that contestant who made fun of my hair?

Notary: The one you said “you’re fired” to?

Trump: I’m suing her. I want you to notarize a demand letter.

Notary: Are you demanding I do that?

Trump: Notarize two demand letters.

Trump notices curvy contestant coming his way.

Trump: Ooh-la-la. I better down these Tic Tacs. Not that my breath isn’t the best breath that anyone ever had.

Notary: Better than a baby’s breath?

Trump: Please. My breath has it all over a baby’s breath. I like the formula for obscene wealth. Not the formula you suck on when you’re not busy sucking on… Hello, my darling!

Curvy contestant: Hi, Mr. Trump.

Trump: Good thing I’m between wives, but hey, if I can cheat on my taxes, I can cheat on wives, am I right? Don’t answer that question, I’m always right. I did have that threesome once when I was literally between wives.

Curvy contestant: I like your hair.

Notary: (Re: not having to sue her.) At least it’s not three demand letters.

Trump: Want to touch it?

Curvy contestant touches it.

Trump: It’s real. As real as what I’m staring at right now.

Curvy contestant: They’re fake.

Trump: Make that…

Notary: Three demand letters. (to curvy contestant) You just implied his hair is fake.

Curvy contestant: Would you sign my breasts?

Trump: I’d be happy to. Cancel the demand letter.

Notary: Would you like me to witness that?

Curvy contestant: Pervert.

Notary: No, I’m a notary. I can help make his signature on your breasts official.

Trump: Even if your rack isn’t “official,” am I right? Don’t answer that, I’m always right. Let’s see, where’s my Trump pen? Unbelievable pen. Every Trump University graduate gets one.

Trump signs away. A little too hard. In a beat, we hear… PHTTTTTTTTTTT. At this deflated moment, Trump responds…

Trump: Your nine just became a one.

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