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November 21, 2017

13 ways to get sued as a Notary

Many people become Notaries to make a few extra bucks and don’t realize there are liabilities in this profession. Here are some ways you can get into trouble as a Notary.

1. You name your business a particular name, advertise with that name, but the name is not registered with your county clerk. Someone could sue you for using their business name.

2. You notarize loans in an Attorney state and the local bar association sues you. This has happened to a few Notaries in Massachusetts, and in Georgia the bar association antagonizes Notaries from time to time.

3. You make a mistake on a signing and your E&O doesn’t cover you. E&O is for NOTARY MISTAKES and not for business mistakes you make with loan signing. If a document is not notarized, your E&O will not cover your mistake. For example if you sign the note wrong, that is not a Notary mistake, that is a document signing mistake.

4. You return documents back late and the Lender sues you because the borrower lost their lock.

5. You make a comment to the borrower about their loan, they cancel, and then the Lender blames you and sues.

6. You decline to Notarize someone whose name on the ID does not match or prove the name on the document. One Notary did exacty this and got sued and lost because her communication skills were so bad, but judge could not understand her side of the story.

7. You get in a car accident on the way to a signing and get sued as a result of the accident.

8. You make a mistake in a loan signing and then don’t answer your phone or email for days after. The Lender is pulling his hair out and sues you for his bill with Bosley hair transplants.

9. You don’t follow directions on an assignment. You don’t show the documents in the order the client asked you to. As a result, the client changes their mind about signing the document that will get the client their commission. The client loses $5000 because of you, sues you, and wins.

10. You forget to administer an Oath and your state fines you for malpractice. In California there is a $750 fine for each Oath you forget. Fining and suing are different, but the end is the same — you lose. Or should I say, I swear you will lose!

11. You give legal advice or something that can be construed, misconstrued as legal advice. Then, you get sued for UPL. If you give legal advice to a courier company you could get sued for UPL by UPS.

12. You put the wrong date on the Right to Cancel, the borrower thinks they have an additional day, and find out after the fact that they don’t. Good luck. You would be surprised how many Notaries do not know how to date a Right to Cancel.

13. You misrepresent yourself as an immigration expert and defraud some poor and helpless immigrants. Or you advertise as a Notario. You will be cracked down upon by many state governments for this.

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You might also like:

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

A Notary gets sued because of a scrambled ID
http://blog.123notary.com/?p=19443

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

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

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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November 13, 2017

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

When I was a Notary and was handed some other Notary’s work, I normally saw that the he/she/they and capacity(ies) that needed cross outs did not have cross outs. By omitting the cross outs you cannot know if the signer is a single man, woman, or multiple people. California no longer allows Notaries to verify capacity which leaves one less thing to cross out.

If you as a Notary omit to cross out the she/they on an Acknowledgment for a single man, someone could add another name to the certificate and get away with it undetected. Notaries can be extremely negligent and don’t get caught — usually. But, I catch them by the dozen every day and penalize them on my site. I throw hundreds of Notaries off my site for failing my over the phone Notary quizzes. And others stay on the site but I deduct points from their point algorithm results which makes it very hard for them to upgrade. You might not take doing your job correctly seriously, but I do.

And then the Notaries who take their job seriously, but have been doing it wrong for 20 years and think that their work is flawless. I will catch you. I will expose many things you are not doing or are doing incorrectly. Better that I catch you rather than ending up in court with legal fees for not filling out forms correctly. Being a Notary is not rocket science. There is no reason for such negligence!

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You might also like:

Penalties for Notary misdeeds and misconduct
http://blog.123notary.com/?p=2067

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

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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November 6, 2017

10 rules for negotiating Notary fees

Many Notaries complain about how little they get paid. And then I complain about how little they know. The two tend to go together and the pay is not going to go up before the knowledge does. However, there are negotiating techniques that can help.

1. Let them name their price first
In a bargaining game, it is better to let the other person bid first. You can always raise your ask price if they don’t offer enough. But, if they offer far too much, you would never get it if you asked first and asked too low.

2. Start with a high ask price
If you ask for $125, you can always go down on your price, especially if the job is close or fast. You can ask how many pages, fax backs, and notarizations are in the package. If it is quick, then give them a quick price.

3. Never whine
If you whine about the condition of the industry or how low the fee was, people will think you are a low life. Professionals don’t whine. Professionals operate! So, if you are offered $60, ask for $85 and see what happens.

4. Decline the low-ball offers
If you spend all day working for peanuts, then when the good jobs come, you won’t have time. Decline bad offers so you are free for good offers.

5. Answer your phone
If you only offer when you are not in a signing and not driving or cooking or thinking, you will miss 80% of your calls. How can you negotiate a good fee if you don’t take the call in the first place?

6. Act professional
Try to impress them without trying to impress them. Most Notaries try to do a snow job and brag about how great they are. Seasoned operators don’t do this. Smart professionals will engage you in an intelligent conversation about the job, the industry and the state of the union. Ask them questions about the job, where it is, who it is for, what type of loan it is, and about their career and industry working in title or escrow. But, whatever you do, don’t talk about your zero percent error rate and how reliable and experienced you are — nobody can verify your claims and nobody wants to hear it.

7. Never say hello
Unless you work for an aloe vera companies, don’t answer the phone saying “aloe?” Answer stating your company name and personal name. It sounds professional. If you have screaming kids in the background that sounds horribly unprofessional. Have a quiet place to answer the phone and if you are in a noisy place, try to go to a quieter place and apologize about the noise. Just because you don’t mind noise doesn’t mean the title company enjoys barking dog and screaming three year old.

8. Talk about real life
Sometimes I talk to Notaries who tell the Title company that you can call me to clean up the mess after you hire one of those $50 signers. Over half my work is clean up work. That sounds real to title companies unlike all the nonsense about how experienced and knowledgeable you are which just sounds like fluff. Tell real stories about how you handled complicated situations that others might have goofed. Mention that split signing where you did some complicated manouver on the Acknowledgment certificate and how you went out to sign the wife at 3am because she could only see you at that time due to her busy schedule as a nurse. This is impressive and much better than fluff.

9. Negotiate timing
You can offer a better rate if they get you late after rush hour. They might prefer to just offer you more and get the job booked.

10. Double book and get a bad review
Yes, you’ll get bad reviews from this, but double booking makes sense. People cancel jobs all the time when they hire you, so why can’t you cancel a few jobs. If you book jobs tightly, the other person will cancel 20% of the time — at least. So, if you book a job for $60 and someone else offers you $150, you can ditch the first job and take the other. You will probably get a bad review that will last for three years, but you will have $90 extra in your pocket. It’s a dirty technique. Not recommended, but food for thought and great blog material.

11. Never let them see you sweat.
Appearing calm and collected are the way to go. If you seem flustered, that is bad. Oops, that was eleven rules and I promised ten. Okay, disregard point eleven and just use antiperspirant.

You might also like:

How to negotiate fees like a pro
http://blog.123notary.com/?p=19198

Can you negotiate prices with SnapDocs?
http://blog.123notary.com/?p=16236

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November 3, 2017

Notary Sexual Harassment Issues

Many lady Notaries are afraid to go to a single man’s house for obvious reasons. But, the type of harrassment in this blog article will surprise even you guys who read my blogs regularly. Here are some bizarre situations that would happen.

The client wanted to get it on with the Notary. The Notary was offended, but NOT because the client wanted to get it on with him, but because the client wanted to do it do it with him and his stamp. The Notary said, “I’m not into that!”

The next situation involves the Notary chasing a woman around a desk (sounds like a Hindi movie) to get her signature. The woman resists because she claims she doesn’t know the Notary well enough to sign his journal. Sounds like a Beetles song, “Baby let me sign your journal.”

The last situation happened with Will from Will and Grace. Will had a male Notary who was straight who was offended because of how Will kept talking about how he wanted to be Notarized. Will: “Oh, NOTARIZE me, STAMP me, STAMP me all night long. Oh, whip out that embosser. Oh, you… Do you want me to SIGN something? I want to SIGN your BOOK. Oh please let me sign your book! Are you going to hold my thumb when we do journal thumbprints?” Then the Notary said, “Oh, my state doesn’t require thumbprints.” Then Will said, “in that case, you’re fired, but before I fire you, are you going to stamp me for approval?”

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Compilation of posts about Notary dating & romance
http://blog.123notary.com/?p=17451

The Sexting Notary
http://blog.123notary.com/?p=19727

Don’t have unprotected Notarizations
http://blog.123notary.com/?p=19467

The sexist Notary Dentist
http://blog.123notary.com/?p=16513

You will be all alone with me
http://blog.123notary.com/?p=3430

The Mannequin Signer
http://blog.123notary.com/?p=3178

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November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

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1. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more

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2. What is the cleanest way to rectify an error on a Notary certificate?
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross outs look like tampering. It is CLEANER to to take a fresh acknowledgment form from your Notary bag Read more…

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3. The Lender wants you to use the original certificate form.
If there is a cross out for the name that is quite seriously legally. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders Read more…

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4. You have a wrong state in an acknowledgment.
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

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5. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave Read more…

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6. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationary store in the same complex read more…

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7. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, Read more…

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8. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and read more…

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9. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now. Read more…

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10. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form! Read more…

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11. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions. Read more…

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12. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… Read more…

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13. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer. Refer Samantha to find a Notary who speaks their language.

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14. John appears before you to sign a loan as an Attorney in Fact. He knows two verbiage variations for signing as an Attorney in Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

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15. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

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16. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

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17. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ball game and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

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October 17, 2017

Notary Public 101 — Quiz Questions

Filed under: Loan Signing 101,Popular Overall — admin @ 2:32 am

Return to Table of Contents for Notary Public 101.

QUIZ QUESTIONS

If you have studied our short but sweet Notary course, you might be ready for some sample questions. We alternate questions on our real test, but these questions will help you learn the knowledge concretely so you do well should we ever quiz you.

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1. What is/are the difference(s) between an Oath and an Affirmation?

2. What is the difference between an Acknowledgment and a Jurat?

3. Name all Notary acts allowed in your state.

4. Who has the final authority to decide what goes in the venue for an Acknowledgment certificate?

5. Can a borrower initial in an Acknowledgment if there is a change?

6. If you add a loose certificate, what precautions do you take to make sure it does not get added to a different document by accident or fraudulently?

7. If the FBI comes knocking on your door because you notarized someone with a fake ID, what piece of information will they want to see?

8. Which Notary act can the signer sign ten years before appearing before the Notary Public?

9. What is the difference between an Oath for a document (such as an Affidavit with a Jurat) and a purely oral statement?

10. If you are using a preprinted Acknowledgment filled out by the lender, after you inspect the boiler-plate wording with the he/she/they, the date, and the venue, what other things do you need to check on the acknowledgment form before signing and sealing?

11. What is wrong with the following Oath? “Do you affirm that the information you provided is true?”

12. Can you give an Oath that says, “Do you solemnly swear or affirm that your name is Mickey Mouse?”

13. Name two Notary acts that do not have a written document.

14. Name several Notary acts beginning with the letter A as their first letter.

15. What does, “Subscribed and sworn to before me” mean?

16. If you see the words, “Subscribed and sworn to before me BY,” then whose name goes after the by?

17. What is an affiant?

18. What is the technical term for state and county?

19. Name several situations where you might add a loose certificate.

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Notary Public 101 — POA, DOR, Dates, X

Filed under: Loan Signing 101,Popular on Linked In,Popular Overall — admin @ 2:30 am

Return to the table of contents for Notary Public 101.

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ADDITIONAL TOPICS

These are really more loan signing topics, but I will include them in this basic Notary course since these are Notarized documents.

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POWER OF ATTORNEY

Notaries need to know the terms for the people involved in a Power of Attorney signing. The principal is the main person who signs the document who is the Grantor. This is the person who gives power of attorney to someone else to do tasks for him/her while he/she is incapacitated or out of the country. The Grantee is the same person as the Attorney in Fact or otherwise known as Agent. It is important to know these words and yes, we do test on them. However, at loan signings, people will do what is called a Power of Attorney signing. This happens when there is a completed Power of Attorney document and the Attorney in Fact will sign a loan on behalf of the principal. In these signings, they get rejected half the time for technicalities, so pay attention.

There are various ways for an Attorney in Fact to sign in their capacity.

John Smith as Attorney in Fact for Mary Smith
Mary Smith by John Smith, her Attorney in Fact.
John Smith POA for Mary Smith

There are more variations, but those are some common ones. The key thing to understand her is that:

The Lender decides the verbiage when you do a POA loan signing. The Notary might know the “correct” verbiage. However, legal information sites cite at least eight ways an AIF could sign in a POA signing that are all not BAD. The signing will be rejected if you do not sign exactly how the lender wants it. So, if there are no written instructions, ask the Lender.

How can I get a Power of Attorney Notarized?

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DEED OF RECONVEYANCE

The Deed of Reconveyance (DOR, not DOA by the way) is often signed by the Trustee and often has the term Trustee inscribed in the signature area instead of someone’s actual name which is very confusing and leads to trouble on a regular basis. Many Notaries have the borrower sign where it says trustee. Usually the trustee is a Lender, or might be the borrower in one of his capacities. If you are not sure who the Trustee is, then ask before you have someone sign there. It is safer to leave this form unsigned than guessing, otherwise you might cause a delay to the Lender and get fired. So, if you are not sure what to do, don’t have anyone sign where it says Trustee.

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DOCUMENT DATES

In the Notary world there are four types of dates. Transaction dates, rescission dates, document dates, and signature dates. The day you sign is the signature date and generally the transaction date. The rescission date is the last day to rescind. But, the document date is arbitrary and is created by the document drafter. It is normally either the day the document was drafted, the date it is intended to be signed, or an arbitrary date. There is no rule for what that date can be.

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SIGNATURE by X

If a signer is partially incapacitated and cannot sign their full name, many states will allow a Signature by X procedure. The procedure can vary state by state, but the way I was trained is as follows. The principal signs an X on the document and in your journal. There should be TWO SUBSCRIBING WITNESSES who witness the person sign. Witness #1 signs the person’s first name to the left of the X and witness #2 signs the person’s middle and last name to the right of the X. Do the same in the journal. Add a note to the document to let the readers and custodian know what happened as they might not be familiar with this procedure. Keep the phone numbers and ID info of the witnesses in your journal just in case.

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Notary Public 101 — Journals

Return to table of contents for Notary Public 101.

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NOTARY JOURNALS

Not all states require keeping an official journal of Notarial acts, but 123notary requires it as that is the only evidence you have should you go to court. 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 goes 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 they have to. 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. This is very sloppy. 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 journal you write the date, time, type of notary act, name of document (the full name, no abbreviations or check boxes here please) and the document date. You need to record the name, address, and ID of the signer as well. Then the signature, thumbprint and notary fee. Let’s focus on the document information in this section though. You need to record the:

Full name of the document, not an abbreviation.

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.

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 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 forbit 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 ended up in court due to something that they notarized.

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Notary Public 101 — Identification

Return to table of contents for Notary Public 101.

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IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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Notary Public 101 — Certificates

Filed under: Comprehensive Guides,Loan Signing 101,Popular Overall — admin @ 1:46 am

Return to table of contents for Notary Public 101.

You might also like: 10 tight points on loose certificates.

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NOTARIAL CERTIFICATES

There are certificates for various types of Notary acts. Acknowledgments, Jurats, Proofs of Execution. Some states even have certificates for Oaths and Affirmations. Let’s focus on Acknowledgment Certificates for now.

There are various parts of an Acknowledgment form.

(1) The venue. The venue is normally on the upper part of a certificate. In California now there is some verbiage in a box that I am not trained in. But, above the boiler plate wording there is a venue which documents the county and state. Is a venue the county where you did a transaction or two lines of information in a form? Both! However, the documentation of the venue is the one in the certificate and it is informally called the venue and not the documentation of the venue.

(2) The date. The date is a field the Notary is often held responsible to fill in. The date falls into the area of the boiler-plate wording of the form which is standardized wording from your state or perhaps another state.

(3) The names of the signers. As a Notary, you need to input the names of the signers or affiants into the Notary certificate if required. Sometimes it doesn’t make it clear whose name goes in the form. If it says, “Subscribed and sworn to before me by,” then after the “by” put the name of the affiant or signer otherwise you will ruin the form.

(4) The name of the Notary. The name of the Notary once again is entered into the boiler-plate wording area.

(5) Pronouns, singulars and plurals. Each state has a different wording for Notary certificates for each act. However, it is common and typical to have some sort of Notary verbiage that includes he/she/they executed the instrument, his/her/their signature(s), or his/her/their authorized capacity(ies). The critical thing here is to cross out the incorrect words and leave the correct wording. If you do a notarization for John, then cross out the her and their and the (s) assuming John only signed once. If you do a signing for Bruce Jenner then use a special form called the T-acknowledgment which says he/she/it’s complicated/they

(6) Testimonium Clause. Where it says “witness my hand and official seal,” that is called the testimonium clause. Below the boiler plate wording is the signature area where you sign and then affix your notarial seal. And by the way, “Locus Sigilli” means the location of the seal.

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CHANGES TO CERTIFICATES

Making any change on a Notary certificate is messy in my opinion. You can consider crossing out and initialing wrong information. Remember that ONLY the Notary can initial or write on the certificate forms and the signer cannot touch it. However, it is cleaner to create a new certificate using an Acknowledgment that you get from a pad that you keep your Notary bag. That way you can start all over, fill the form out correctly and then staple it to the document in question.

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ADDING LOOSE CERTIFICATES

If you notarize a document that either does not have acceptable Notary wording or doesn’t have any Notary wording (or wrong information on the form) then you might want to add a loose certificate from your pad of certificates that you purchased from the NNA (recommended). Additionally, if there is no room for your seal in some pre-existing Notary verbiage, you might be forced to add a certificate for logistical reasons.

You might also like this blog article:
Sending loose certificates in the mail is generally illegal!

If you add a loose certificate, the certificate must be filled out thoroughly. This means that in addition to the legally required verbiage, you fill out the ADDITIONAL INFORMATION section. The additional information section includes:

Document name — if you don’t put the name of the document on your loose certificate, it might be unstapled and added to a wrong document by accident or on purposes.

Document date — if you don’t put the document date, your certificate might be added to a different document with the same name by accident or fraudulently.

Number of Pages — if you put nine pages, then it will be hard for a fraud to swap the certificate and put it on a similar document with eight pages.

Other Signers — You can name the other signers on the document.

Capacities — California no longer allows this, but you can mention if any of the signers are signing as Attorney in Fact or some other capacity.

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EMBOSSERS

Cautious Notaries often use an embosser when notarizing. You can use an inked seal and also a non-ink embosser that leaves a raised seal. If someone photo copies your certificates, the embossed impression will not show up in the photocopy. Additionally, you can emboss each page of a document to discourage page swapping.

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AUTHORITY

If there is a disagreement between a Title company involved in a transaction and a Notary regarding what venue or information goes in an Acknowledgment or Jurat certificate, the Notary has absolute authority. The Notary may ask for the Title company’s preference if there are two legal ways of doing something such as crossing out and initialing vs. adding on a loose certificate if there is an error. However, it is the Notary who is legally responsible for filling out the form and it is the Notary who will end up in court if there is a problem.

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WHO TO ASK FOR HELP WITH CERTIFICATES

If the Notary does not know what to do when filling in forms or notarizing, do NOT ask the Lender or Title companies as they have a beneficial interest in the transaction AND because they are not experts in the field. The tiel rep might be a Notary, but not necessarily in your state, and not necessarily an informed Notary. Title and Lenders will typically tell you whatever it takes to get the job done whether it is legal, recommendable, safe, or kosher, or not. They don’t care just as long as their loan goes through and YOU, the Notary are the one who gets locked up if you did something illegal just as long as it is your seal on the page.

If you need help with a Notary problem, consult your state’s Notary division as a first resource and the NNA hotline as your next resource. I would be very wary about trusting anyone else.

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