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August 10, 2019

Foreign language documents (California)

Filed under: Carmen Towles — admin @ 11:30 pm

I get calls weekly from the public about notaries in California giving them a hard time with documents in a foreign language. Many California notaries are turning folks away (most of the time in error) because they are under the impression that they can’t notarize a document in a foreign language. The notaries feel that if they can’t read it, they shouldn’t notarize it. Unfortunately, this is not the case. Please read your handbook. You can find this information in the 2019 California Notary Handbook, page 20.

California notaries you can and must notarize any document presented in a foreign language provided you can communicate with the signer. What this means is that if the document is in Spanish (and providing all other conditions are met; such as personal appearance, have current picture government issued ID, etc. are presented) and you CAN communicate in either English and/or Spanish you must notarize their document. You don’t need to be able to read the document. Notaries notarize signatures on documents not the contents of the document. Period.

However, if you are presented with a document in a foreign language and they ONLY speak that language and you don’t speak their language you CANNOT notarize the document. You would then need to refer them to a notary that speaks their language.

Remember, don’t analyze, notarize.

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How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

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Good Deed Bad Deed
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The 123notary elite certification study guide
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July 23, 2019

5 Ways To Protect Yourself At a Construction Site

Filed under: Other Guest Bloggers — admin @ 8:38 am

If you are reading as working labor, then you’ve landed on the right spot. Keep in mind, when people are involved in physical work at the site, there is always a risk of getting severely injured. Whether you’re an architect, a worker, a machine operator, or anyone, the chances of getting in any sort of trouble will always be there. There are many things that you can do to protect yourself from any kind of physical damage. In this article, I will guide you through some of the important ways with which you can take care of yourself. Don’t ever think that you are in complete protection within the parameters of the site. You have to invest yourself in making sure that no damage is caused to you.

5 ways to protect yourself:

1. Always wear a hard hat
It is very important to wear a hard hat at a construction site. This is because the ground is uneven and there is always a chance that you might fall. Therefore it is crucial to wear it. Just like you wear a helmet while riding a bike to protect your head from an injury as a result of an accident, the hard hat does the same function. Hard hats are usually yellow in color, and they are very hard in texture. Be it any designation you have; a hard hat is must to wear.

2. Wear a face mask
Most of the construction sites have a lot of dust, which can make breathing very difficult. A face mask is crucial because it lets you breathe easily without worrying about inhaling the dirt particles. The face mask is crucial in places where bombardment of old sites and buildings takes place. A face mask will also protect your skin from getting damaged. People who work in excavation sites, mandatorily wear a face mask; otherwise, they develop severe breathing difficulties.

3. Keep away from naked wires
There is always a right of getting electrocuted at construction sites because of so many machines around. Not every site is going to have top-notch machinery in place. Naked wires are always a major part of the problem that Is caused at the end. As a worker, it is crucial that you stay away from them. Even if you are operating a crane or electrical machinery, always wear gloves that don’t allow electricity to pass through. In case of an emergency, inform the people around so they can come to help.

4. Wear sturdy work shoes or boots
You would have seen workers wearing big boots at construction sites for sure. The irony is that these boots protect the feet from the scorching heat of the sun and also from the rocks that are usually scattered on the ground. Long boots can protect your toes at work. Many people who often overlook this caution, run in problems where their feet even get badly hurt with equipment at work. Therefore you better be careful about what you are wearing to work.

5. Avoid standing between two hefty machines
You will easily get caught in between two machines if you are standing in the middle. The severe possible form is that it could potentially result in death even. If you get in any sort of trouble, then contact Reck Law, PLLC for assistance. They help workers who get injured at work and get them their compensation too. Never stand too close to a crane.

Conclusion:
As a worker, it is important that you take care of yourself and know your rights. Construction sites always have a lot of risks associated with them, so it is better to do your homework before beginning work.

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July 12, 2019

Forex Investment for Notaries: Tips and Tricks

Filed under: Other Guest Bloggers — Tags: , — admin @ 9:50 pm

Forex Investment for Notaries: Tips and Tricks
Having a strong investment portfolio is more of a necessity than an option, especially when you are working fulltime as a notary. While there is a high demand for notarial services thanks to today’s market condition, it is still necessary to work towards securing a better future – and generating residual income along the way – with a strong portfolio.

One of the investment instruments you can use to strengthen your portfolio and generate more profit is forex. As one of the more robust investment instruments, forex trading offers plenty of opportunities to make money with its active, lively markets. You just have to know how to approach this investment opportunity correctly, and we have the best tips and tricks to get you started.

Do It Yourself
The best investments are the ones you manage yourself. This is because you retain complete control over how you invest your money, particularly in the forex market. It is easy to add day-trading into your daily routines. Now that forex trading platforms are available for more devices, you also have the option to trade anywhere and at any time.

Before jumping head first into the forex market, however, you need to take your time and master the basics. That brings us to our next tip, which is….

Study the Instrument
As an investment opportunity, the forex market is relatively easy to understand. You can go Long and Short – buy or sell – and make money in either direction. You just have to make sure that you are going with the market rather than against it.

Forex investment basics are easier than ever to find. You can turn to
Wall St. Nation for reviews of the best trading strategies and information about trading tips, and details about how to best manage your trading risks are also discussed thoroughly on this site.
After gathering information about the investment instrument and learning more about how to best approach the market, you can easily give forex trading a try.

Start a Demo Account
No, it is not the time to open a live trading account just yet. You want to test your understanding of the market using a demo account. Now is the best time to review some of the brokers you can engage online and compare their service offers.

With the right broker selected, download the trading software from the broker’s main website and choose Demo Account when registering. Configure your demo account to represent yourself as a trader.

If you are planning to make $2,000 in initial investments later in the future, your demo account should have $2,000 in margin as well. With this configuration, you can really test your trading strategy, measure your risk profile, and decide the right time to start trading life with more certainty.

One last tip to keep in mind: only trade with the amount of money you can afford to lose. Even after you have tested your approach and trading strategy, you still need to enter the market with extra care. Apply these tips we discussed in this article, however, and your journey into using forex as an investment instrument will be an enjoyable from the beginning.

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July 8, 2019

Looking Beyond the Notary Section – A case Example

Filed under: Ken Edelstein — Tags: , — admin @ 3:01 am

The classic examples
We are often told not to notarize a document that contains blank areas. Of course in reality we do exactly that in every loan package. Take a look at the 1003 (the computer version of the loan application). Lots of blank areas there and nary a single N/A. Once I was put on standby for many hours; to notarize the sale of a super tanker. The neatly bound document was thicker than the Manhattan phone book (alas no longer issued). It was about 1500 pages. I did not turn each page in a desperate attempt to find a wayward and un-entered fill in. After about 6 hours of waiting time, I notarized the (approx from recollection) two dozen affiants at the end.

What happened today
The document was an amendment to an incorporation agreement. There were to be eight affiants; even with the nicely preprinted notary sections it totaled four pages. Simple? Well there was an issue. Just prior to naming the trustees, there was the statement that the names and addresses of the trustees would follow. The names were there but not the addresses. I normally don’t read the documents, but wanted to be sure the list of names matched the notary sections. I mentioned the discrepancy to the person managing the signing. I was asked how this should be handled. I covered the I’m not a lawyer issue. They came up with three possible courses of action.

The first would be to simply write in the addresses. Second, would be to redact “and addresses”. The last was to simply ignore the matter. They choose option 2. So, when the “and addresses” had a line drawn thru (not at my suggestion), I felt compelled to raise the issue of the requirement to initial hand written changes.

The first two affiants had left the session after being properly notarized and were not present to initial the change. The other 5 initialed. Hmmmm, 8-2=5? Sorry, but one of the planned 8 could not attend and would be notarized at a later date, and also initial that redaction.

In all probability the infamous “fix it fairy” would provide initials for the two who left early; of course I did not suggest that. But, as unfair as it sounds to me; some were unhappy that I mentioned the discrepancy between the stated text and the data entered. In other words; it seemed to some that I “created a problem” – just by stating the obvious (to me) flaw.

In all probability I goofed In hindsight, as I peck away at the keyboard; away from the seven affiants who want me to resolve the “issue I created” – I shudda kept my big mouth shut. My biggest blunder was to agree on the 3 possible solutions. Perhaps the address is an absolute requirement for acceptance of the document. I truly don’t know. And, the only reason that I sailed into that blunder was by mentioning the issue.

Resolved: At least for me – if it’s not in the notary section, don’t read it, don’t comment on it. And absolutely say nothing about how they should proceed. It’s OK to mention initialing changes, but take no “legal opinion” about “course of action” when modifications are being considered.

You might also like:

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

A guide to notarizing documents with blanks or multiple signatures
http://blog.123notary.com/?p=20252

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April 1, 2019

Compilation of best posts by guest bloggers

Filed under: Guest Bloggers — admin @ 7:43 am

Here are our best posts by guest bloggers

WRITTEN IN CONJUNCTION WITH ANDY COWAN

Trump – Making American Notaries Great Again
http://blog.123notary.com/?p=17023

Introducing the 2019 Notaries!
http://blog.123notary.com/?p=21147

A Notary goes Public on Shark Tank with Shazamdocs!
http://blog.123notary.com/?p=18943

Comedic Notary Pricing from Apo-steal-of-a-deal to Zilch (not getting paid)
http://blog.123notary.com/?p=18941

MY BIG PHAT GEEK WEDDING
http://blog.123notary.com/?p=17053

Shark Tank – Notary Escrow Pal
http://blog.123notary.com/?p=16009

A Seinfeld Episode About a Notary
http://blog.123notary.com/?p=10208

CARMEN’S POSTS

Attorney’s bullying Notaries – when does it end?
http://blog.123notary.com/?p=19383

SnapDocs, who is it and what is it?
http://blog.123notary.com/?p=19333

#1 Notary Error
http://blog.123notary.com/?p=18956

Please answer your phones and check those emails
http://blog.123notary.com/?p=21274

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Oath, what Oath?
http://blog.123notary.com/?p=19628

Lets stop undercutting each other
http://blog.123notary.com/?p=19381

Please don’t quit your day job just yet
http://blog.123notary.com/?p=19385

Million Dollar E&O?
http://blog.123notary.com/?p=19336

KEN EDELSTEIN

A job declined
http://blog.123notary.com/?p=19979

Notary for a USA presidential candidate
http://blog.123notary.com/?p=19148

Notary of the future
http://blog.123notary.com/?p=18952

Get the special jobs
http://blog.123notary.com/?p=19106

Notary email tools
http://blog.123notary.com/?p=19150

Now is the right time to become a signing agent
http://blog.123notary.com/?p=21039

Are you practicing law by drawing a signature line?
http://blog.123notary.com/?p=21033

Do a half fast embossing
http://blog.123notary.com/?p=19981

The automatic repayment form
http://blog.123notary.com/?p=19708

My reply to a vague incoming email
http://blog.123notary.com/?p=19704

Ken’s list of things Notaries goof on
http://blog.123notary.com/?p=19427

Which statement is a true statement?
http://blog.123notary.com/?p=19421

Notary also a witness
http://blog.123notary.com/?p=19415

A call from a cop
http://blog.123notary.com/?p=19410

Get off your butt
http://blog.123notary.com/?p=19408

Initial notary contact check list
http://blog.123notary.com/?p=19423

When you are in a hole – stop digging
http://blog.123notary.com/?p=19340

My next notary visit is free
http://blog.123notary.com/?p=19298

The Power of Attorney was rejected
http://blog.123notary.com/?p=18954

When you really don’t wanna take the job
http://blog.123notary.com/?p=18962

Unsubscribe
http://blog.123notary.com/?p=19031

Power of Attorney Notary Processing Mistakes
http://blog.123notary.com/?p=19031

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November 21, 2018

12 questions to ask for hospital notarizations

SAFETY TIPS AND 12 QUESTIONS TO ASK FOR HOSPITAL NOTARIZATIONS:
I get calls frequently for Notarizations in Jails and Hospitals.
This blog will focus on things you must do to protect yourself from lawsuits and damages when you get a desperate call to go out to a hospital to notarize documents to be signed by a patient, moistly a Power of Attorney. The phone call invariably comes from the child who has a parent admitted to the hospital.
What do you do as the Notary when the person calling says they will pay you whatever you charge as your mobile fee? Remember Rule #1: It is not always about the money. It is about your ability to follow the Notary laws and perform your job without taking short cuts.
The following list of questions is a short summary of the steps I have actually taken when I got such a call.

1. What is your relationship to the patient?
2. Do you have any other siblings or relatives who have a beneficial interest in the transaction?
3. Is the patient conscious? Coherent? On any medication?
4. Does the patient have a current valid ID with him or can you make it available when the notary arrives at the hospital?
5. Is the patient able to sign his name without any help?
6. Does the patient speak English and can he understand and answer simple questions coherently?
7. Does the patient have an attending physician and a Nurse assigned to him?
8. Do you have the number to the attending physician and nurse because I need to talk to them to get an accurate idea of the health and overall condition of the patient?
9. When can I talk to the patient directly by phone with a nurse present in the room?
10. What type of document are you having notarized?
11. What dates and times work for the patient?
12. My mobile fees are _____ and $15/signature notarized. After I get there if I make the determination that the person is unable to understand anything I ask him or is being forced to sign, I will not be able to notarize the document but will still charge you my mobile fee for coming out based on your representations over the phone. Are you okay with that because I don’t want to get into any arguments after I get there?

Believe me there has been more than one occasion I can recall where I had to leave without notarizing a document because the patient was unable to understand anything I asked, was incoherent and simply could not sign or even hold a pen to just mark an “X”. It is better to walk away from a Notarization where you know instinctively that it is wrong because the signer is not aware of what he is signing and inevitably you will end up being a party to a litigation by interested parties who believe that the Notary failed to take into account the coherence and soundness of mind of the signer at the time of the Notarization. This would invalidate your notarization and worse yet force you to pay legal expenses to defend yourself. Is it worth it? Absolutely not!

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The carrot, the stick, the notary, and the bag
http://blog.123notary.com/?p=3951

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

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October 29, 2018

Fix for – Your Phone Stopped Ringing

Filed under: Ken Edelstein — admin @ 12:28 pm

Fix for – Your Phone Stopped Ringing
To understand why it’s not ringing you need to understand what makes it ring. Calls come from three basic origins. Repeats, Advertising, and “where you are known”. Repeats are great, and you will have them if you did a good job for a fair price. People like to deal with a known entity – especially when the prior work was great. Ads cost money, but wisely done have a good ROI
(Return On Investment). However “ads” can be free – the following link: http://kenneth-aedelstein.com

will be “picked up” by many internet “robots” – including Google. It costs noting to
post a blog, just some time to create content that is worth the readers’ time.

Now on to “where you are known”. I have often suggested the distribution of several hundred business cards. Sure, it’s work – but has the advantage of making a good face to face impression. Well, to be honest it can take a lot of low result legwork. But, it can also be done with a strategy for low effort and high return. One good potential future caller source is doctors. They often need their statement about a patient’s health notarized. You could plan a route to cover 50 doctors in one trip. It would be an inefficient plan. Sure you would leave a card (and perhaps a brief letter about your services) with the doctors; but the narrow focus would miss other potential clients – in the same building.

A better, perhaps more efficient approach would be to visit an area. Doctors might be prime candidates – but the hardware store adjacent to the doctor should also receive a visit. Think of everyone as a potential client – why not visit an many as possible, as efficiently as possible?

This is a very generalized approach. It works for notaries, realtors or plumbers. They might not need you now, but might require your type of service in the future. Can you picture them thinking “now where did I put that card” – I vaguely recall that person seemed competent.

Don’t feel like making a special card distribution trip? You don’t have to. Just be sure to carry about 50+ cards with you at all times and distribute them where you go, and to places nearby.

It’s a numbers game – the cost is very low, and to be frank – the response rate is also low; initially. But some will call, perhaps becoming repeat customers. Unlike the hated “spam” email, you are delivering your card personally; perhaps starting a relationship.

One final tip. Be sure to use the back of the card to make your card a “keeper”. I have a street guide to finding buildings in Manhattan. Some have conversion charts between English and Metric measurement, some Federal holidays. Whatever you choose make it a “long term” keep. Probably the worst is a calendar – into the trash you go on New Year’s Day.

.

You might also like:

Notary – what would you do?
http://blog.123notary.com/?p=21037

Situations where you can ruin a loan out of stupidity
http://blog.123notary.com/?p=19987

A list of things Notaries goor (or might goof on).
http://blog.123notary.com/?p=19427

Life at the bottom of the food chain
http://blog.123notary.com/?p=19419

Get off your butt — and start marketing yourself
http://blog.123notary.com/?p=19408

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August 5, 2018

An Ode to Notaries

Filed under: Other Guest Bloggers — Tags: — admin @ 11:14 am

An Ode to Notaries

O, a debt of thanks we do owe,
to those who hold title notary,
for signing our papers without woa,
for helping us do things legally.

Signing and stamping, all to certify,
The authenticity of the paper,
Making sure that we do not lie,
That we truly are their author.

You take and legalize our affidavit,
For the government will only trust your mark,
So stamp away with your whatchamacallit,
We need these papers signed before dark!

Now, move along and hurry,
We called you here, but now you must scurry!

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April 29, 2018

Do I need $1 million (E&O) insurance to get more Notary business?

Do I need $100,000 or $1 million in Errors & Omission (E&O) insurance to get more Notary business?
It is not uncommon for some companies to require that a Notary have more than the standard amount of E&O Insurance. There is no state mandated minimum for E&O unlike a Notary Bond where the law requires every Notary to file an official bond for $15,000 which is designed to pay limited claims against the Notary Public.

But please make no mistake. All Notaries must carry some form of E&O insurance to protect themselves from unintentional errors and omissions they make. Of course, E&O policies will not cover fraudulent acts or intentional errors. Without E&O Insurance, you will have to pay for the cost of the judgment or settlement and your own legal expenses. The financial impact can force a Notary to renounce his/her Notary commission and possibly even declare bankruptcy depending upon then severity of the error.

The high coverage of an E&O policy is based on the false perception that the companies would get a better class of Notary or that they are protected from any and all errors made by the Notary. This is farthest from the truth. I have more than 20 years of experience being a Notary and have never increased my E&O Insurance above the standard amount of $15,000/- primarily for 2 reasons. First, the number of companies requiring $100,000 or even $1 million in E&O Insurance are few and far between and the number of jobs that a Notary gets does not make up for the increased premium for the additional coverage. Second, the E&O policy only covers clerical errors and does not cover any fraudulent acts committed by the Notary. As a matter of practice, I double and sometimes triple check my work and am always cautious of the people who appear before me for a notarization. More importantly, I never do anything that even has the appearance of a scam or fraud. I have no intention of being someone’s boyfriend with no escape clause!!

.

You might also like:

The 30 point course – beneficial interest and E&O Insurance
http://blog.123notary.com/?p=14532

Posts about E&O Insurance
http://blog.123notary.com/?tag=eo-insurance

Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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