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April 4, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents can I notarize?

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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April 3, 2020

Can you Notarize a document that contains the following pre-printed language?

Filed under: Other Guest Bloggers — admin @ 8:51 am

Notary: Please complete the following. No other acknowledgement is acceptable (see instructions).
The person who signed is known to or was identified by me, and, before me, signed or acknowledged to have signed this form. In witness thereof, I have signed below on this _________ day of ___________, ______________.

My commission expires:________________Notary Public Signature: ______________

While this appears tricky and may leave you second guessing, the short answer is YES.
You can notarize the document even though it does not comply with the exact or substantially similar notary language for 2 reasons.

1. The document is not asking you notarize the capacity or title in which the signer is signing the document.
2. The document is not being filed in California.

This is true for all out of state documents that have preprinted notarial language on it that requires an acknowledgment. If the notarized document is being filed or recorded in California, you MUST complete the California All-Purpose Acknowledgment.

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April 2, 2020

How Much Can I charge for a mobile notary assignment and be sure that I will get the job?

Filed under: Other Guest Bloggers — admin @ 8:48 am

There is no easy or definite answer but based on my experience over many years, I have the following suggestions.

First and foremost, don’t immediately say YES when you are asked if you are available to do a notary signing.

The first question should never be, “how much are you paying”? Instead ask informative questions.

When (day and time) do they need it, what type of signing is it (Loan, refinance, POA etc), where is it and how many signatures are being notarized?

If you are comfortable with the answers you get on the above questions even if you don’t get all of the answers, then proceed with getting further details.

Who has the documents? If they are going to email them to you, when is the latest you can get it? Do you need to print one or 2 sets? Do they want you to fax or scan & email them back or drop it at a FeDex or UPS office? I always tell them to email the borrower a copy of the loan documents so they can review them ahead of time and not waste your time reading all of it and ask you questions when you get there for the signing.

After going through your questions, now is a good time to ask them how much they pay for the notary signing and for you to negotiate. You know the distance, date, time and hopefully number of signatures to be notarized. You need to know how much your time is worth and is it worth driving 1 hour for $75 or $150. Be prepared to let them know your reasons for your fee. In Los Angeles, the traffic can set you back 2 to 3 hours depending on where and what time you are traveling. What revenue are you giving up during the travel time otherwise known as Opportunity Cost?

I was recently blindsided when I accepted a notary signing for $250/-. On the surface it seems like more money than the average signing. The two critical mistakes that I made are not finding out definitively if the loan signing is for California or out of state and total number of signatures to be notarized. Out of state loan documents especially New York require more notarizations which require that you prepare California Acknowledgments or Jurats. Never assume that the number of signatures notarized are generally the same at around 4 or 5 for loan signings. The number of signatures I notarized was 30, not including numerous signatures and initials. Without the traveling fee alone, I could have charged up to $450/-. The signers wanted me at their house on the west side of Los Angeles at exactly 6 p.m. because it was convenient for them. That is rush hour and I spent an hour and one half on the freeway and only got there at 6:30 p.m. and offered my apologies to the signers.

As I drove back at 8:30 p.m., I reflected on how I can avoid repeating my mistakes. Although I asked for the number of signatures to be notarized, they told me that they did not know. Going forward, if I was told that they did not know the number of notarizations, then I would confirm via email that the mobile fee is good for up to 6 signatures and anything more they will be charged an additional $15/signature notarized. Next, I will not accept any assignment that will force me to drive during rush hour. If they insist, I will charge an additional fee depending on how long I expect to be stuck in traffic. If they don’t want to pay, that is fine. They can find another notary but at least I am valuing my time and they will know it.

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October 13, 2019

Seven Tips for Choosing a Lawyer in a Personal Injury Case

Filed under: Other Guest Bloggers — admin @ 10:43 am

Seven Tips for Choosing a Lawyer in a Personal Injury Case
When choosing a personal injury lawyer for your case, there are many things that you need to take into consideration. If you have been injured and want the compensation that you are entitled to, you need to find a lawyer that knows exactly how to win your case and has experience in similar cases. Here are seven tips for choosing a lawyer for your personal injury case.

Location
Before you focus on anything else, you need to make sure that the lawyer you want can practice within your area. For those who live in Pennsylvania, you need to find a trustworthy Lehigh Valley personal injury lawyer such as those who work at Trapani Law Firm.

Track History
If you want to know the likelihood of a lawyer winning your case, you need to check their track history and see how many cases they have won, as well as what these cases entailed. Finding a personal injury lawyer who wins the cases they take on is essential, but you should also be aware that some lawyers only decide to take on the cases they know they will win, meaning this is just one thing that you need to consider.

Relevant Experience
Experience provides you with a sense of stability and allows clients to check the track history and understand more about how a lawyer works. While all lawyers need to start somewhere, when dealing with a personal injury case it is best to stick to a lawyer with relevant experience.

Disciplinary Record
A disciplinary record is essentially what it says on the tin. This record can inform you of any complaints that the lawyer may have received and can also provide information such as if the lawyer has ever been disbarred or suspended. If you have already met with the lawyer and they are ticking the right boxes, it may be worth discussing with them what happened with a complaint they received and how they dealt with it. Unfortunately, clients can sometimes file a complaint even when the lawyer has done everything within their power to assist them, so it is best to determine the root cause of the complaint before ruling a lawyer out completely. You can find information regarding a disciplinary record about any lawyer online.

Practice Years
Those who have been in the profession for a long time will have great experience and will understand a personal injury case better than anyone. If your case is especially complex, finding a lawyer with many years of experience is even more important to enable you to win your case and gain the compensation that you deserve.

Reputation
Finding a personal injury lawyer with a good reputation means that you are more likely to trust them with your case. You can check reviews on most law firm websites and you may also be able to find reviews online. A personal injury lawyer who has a good reputation within the state may be able to get your case solved more quickly as they are known throughout the courts. Finding positive reviews from previous clients can enable you to feel more at ease as it can be hard to judge someone on a first meeting. You may also want to ask the personal injury lawyer upon your first meeting if they have any client testimonials for you to read through.

Focus
Personal injury cases are all unique, and so you may want to find a lawyer that has a special focus on your personal injury case. It may be that you were involved in a slip and fall accident and so finding a lawyer that has focused on similar cases is ideal. You can usually find this out on their website or by speaking to the lawyer directly.

Following these seven tips you can find a personal injury lawyer that is perfect for your needs and your case.

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September 18, 2019

What Do Personal Injury Lawyers Do for Their Clients?

Filed under: Other Guest Bloggers — Tags: — admin @ 10:20 pm

What Do Personal Injury Lawyers Do for Their Clients?

There is a large list of issues that require the assistance of law. So many that one lawyer can’t master how to deal in each of them. That’s how the concept of different lawyers for different types of cases came into being. One of the most widely seen issues in the United States is personal injury. So the need for personal injury lawyers was inevitable. Personal injury lawyers help people get their due right from the opposite party or insurance company when they face an accident. However, there is a lot more to the job then what a common man sees. Here I’ve shared all necessary actions taken by a personal injury lawyers for their clients.

Educates You About Your Rights
They always start with educating you about the rights you have in the matter under discussion. They are lawyers who have spent years practicing this field of law. As most clients don’t understand the depth of the situation, lawyers start by explaining how the law works. You will learn about your rights reserved by the law and your responsibilities. Once you understand the situation, you would know better if you are at right or wrong and if you should pursue that case. This education helps you make an informed decision.

Investigates the Case
Not many people know but good lawyers have to investigate the case to fully understand it. For this purpose, many lawyers visit the place of accident and discuss the incident with witnesses to form a theory on how the accident took place. Many law firms hire professionals like former police officers to investigate the case for them.

Calculates the Damages
Most people that don’t have a lot of experience of personal injury cases calculate the cost of only immediate damages. Professional personal injury lawyers have a better sense of assessment in this case due to their experience. They will calculate things like the time you had to take off from your office due to injuries, incident’s mental impact on you, harassing phone calls from bill collectors in addition to the vehicle repair and other costs. They will get you enough reimbursement that you won’t feel if the accident impacted your life in any way.

Deals with Oppositions
There is a possibility that your insurance company may pay you the due right without any issues. On the other hand, you may have to fight more than one parties in the court who might be asking you to pay for all the damages. According to lawyers at Davis Law Group, Seattle personal injury attorneys, you won’t really need a lawyer in the first case; however, things get complicated when more than one parties are involved.

Fights the Case in Court
No man without a law background can fight a case in the court against a professional lawyer. They have a lot more than just knowledge of the law. Their practice allows them to understand the situation, your mentality, and answer to every question before you tell it. You will see them using tricks to get you to say things that would weaken your case. It is said that things can get very ugly in the courtroom – they said the truth. Lawyers might even attack your personal life to make you lose temper. To beat this experience, you need another professional of the same caliber.

Please also see:
Olympia Injury Lawyers

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September 17, 2019

How a video game reminded me what a noble profession we have

Filed under: Other Guest Bloggers — admin @ 9:57 pm

So, you’re probably wondering why I’m even talking about a video game. After all, working as a notary is serious business and you wouldn’t be wrong in saying that it is a profession where errors are seriously frowned upon. Our experience in the profession varies, but the one thing that’s constant among all notaries is that there are professional standards that need to be met.

Some tasks are straightforward and simple, while others are more complex. Yet, no matter how simple the task may be, the smallest error can put others at risk. The game I’m referring to, called Papers, Please, offers is a similar — albeit virtual — experience.

First Off, What Exactly Is Papers, Please?

A recently released point and click game game, Papers, Please places the player in the shoes of a border inspector of a country called Arstotska. The player’s task is to screen each person who wants to enter the country and to try to adhere to standards set by the government. There are many other aspects of the game, but this is the aspect that I want to put a heavy emphasis on. In the game, making an error gets you a citation, and in the later stages an error means letting dangerous people through the border, which puts lives at risk. You essentially handle sensitive data, check it for accuracy and truthfulness, and decide whether you’d allow the person into the country or not.

It’s quite similar to how we check statements and decide if the facts hold up. In fact, most, if not all court proceedings rely heavily on notarized documents, especially during personal injury cases, according to the lawyers at tariolaw.com.

Why Should We Care About This Game?

Well, that’s where the error is. You assume that this is about the game. It’s not. What really struck me was how the tasks got more and more complicated as the game progressed. You have to assess various pieces of information and decide whether to stamp a traveller’s passport, allowing them access through the border.

This puts an air of risk in the game, even when all the player does is to look through papers and counter-check facts presented by a traveller. And the way that the travelers interact with the player in an attempt to appeal to the player’s kinder nature forces you to make hard decisions.

How Is It Related To The Profession?

It reminded me a lot of how we, as public notaries, are the front line of defense against any attempts to commit fraud. In the same way that the inspector in Papers, Please is the first line of defense against people who would do the country harm, we are the first line of defense against people who want to put falsehoods onto paper or when they try to twist the truth in their favor.

And it’s rather funny that I was unexpectedly reminded of this duty by a video game that I happened to stumble across whilst browsing my YouTube feed in my free time!

I mean, whether you’ve had 30 years of experience in the profession or you’re a rookie who’s learning the ropes, it can be draining to do the same thing over and over if you forget your purpose. I’ll say it again, ours is a profession that can’t have any mistakes, whether they’re big mistakes or common mistakes — we are all about accuracy and precision. And sometimes it can be quite draining, but always remember that the seal that we stamp has power and authority. People are depending on us to verify facts and to educate them on what they’re getting into by signing a document.

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September 15, 2019

5 Undeniable Benefits of Hiring a Personal Injury Lawyer

Filed under: Other Guest Bloggers — admin @ 11:24 pm

Accidents are inevitable no matter how careful you are. You get out of some encounters without a scratch while some can end your career and even life. Whichever is the case, experts recommend getting the assistance of a lawyer to deal with such scenarios. Olympia Injury Lawyers is one of the most successful law firms in Washington that offers free consultation to anyone who needs their help. You can also visit their website for counselling and take advantage of these benefits.

They Take Your Stress
If you just faced an accident, you wouldn’t be in the condition to deal with legal matters. People don’t easily give up where there is money involved. You will most probably have to fight in order to get your right from the insurance company. Many get overwhelmed by the stress and don’t proceed further. An injury lawyer will take your stress upon himself.

You Get Better Offer
Even when the company agrees to pay you, they will do everything they can to minimize that amount. Unless you know how to negotiate with them, you won’t get your due right. A professional injury attorney would know every trick and how to encounter them. They will ensure that the company can’t trick or distress you into taking a small amount. Not only that, they are likely to get you more than what you expect. It is a part of their job to condescend the opposing party and force them into the settlement of your desire.

No Legal Issues
One wrong word can cost you the entire case. There are many trivial legal matters one has to take into account when dealing with an insurance company to get a settlement. An attorney will make sure you complete all legal requirements and don’t say anything you’re not supposed to. He will plan everything from the start and prepare you for the worst. He will be there to protect you from their tricks and stop you from getting overwhelmed.

Case May Go to Trial
Most injury cases are easily settled, but it doesn’t mean these cases never to go to trial. A layman tries his best to avoid a trial, especially when he doesn’t have a lawyer. The other party may take advantage of this fear and force you into agreeing to its terms. There won’t be such a case if you acquire the assistance of an injury lawyer in the beginning. The insurance company also wants to avoid trial and may offer a better settlement. If push comes to shove, you know you are more than ready to face trials with a professional lawyer by your side.

Save Your Time
You will find yourself surrounded by a lot of work when you file for a claim. You have a personal and professional life to maintain even with issues the accident may have caused. On top of that, having to deal with more paperwork and meetings could be too much for you. A personal injury lawyer will take care of everything giving you time for yourself and other matters.

Please also see:
Olympia Injury Lawyers

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September 14, 2019

The Role of Notaries After a Motor Vehicle Accident

Filed under: Other Guest Bloggers — admin @ 11:13 pm

If you have been injured in a motor vehicle accident, then searching for a car accident lawyer is your top priority. They will help you deal with your claim and ensure that you get the best possible settlement when it comes to damages.

However, your lawyer, and the law firm they are associated with, cannot do anything related to your case without a notary doing their job.

In today’s article, we will talk about the role and importance of notaries after a motor vehicle accident.

Notarized Documents
As mentioned above, your car accident lawyer cannot start working on your case if the documents related to it are not first handled by a notary. This is because the court that will be judging your case will not accept any documents that haven’t been properly notarized.

Law firms usually have an employee that holds a notary license, making them capable of quickly notarizing the documents that are needed on a case that of their lawyers is working on.

However, some firms work with either freelancers or third-party notary services as well.

Failure to Notarize Documents
Before filing a personal injury claim, you must make sure that any of the documents that may be needed in court are properly notarized. If you fail to notarize some of those documents, you will lose both time and money.
Why?

Well, even if one single document is not notarized, you will have to file the entire case again. Moreover, depending on the state you live in and its jurisdiction, your case may end up being thrown out due to paperwork technicalities.
In short, it may take a very long time before you reach any settlement, simply because you or your law firm has failed to notarize a single document.

The Importance of Notaries and Notarized Documents
Given that you have just been injured in a motor vehicle accident, you won’t be keen on walking to a notary and getting your documents notarized. Therefore, you should always rely on a personal injury lawyer, as well as on a notary or two, to complete this process for you.

Moreover, keep in mind that you can get your documents notarized online as well, depending on the state you live in.

As you will have to deal with medical expenses and other bills caused by the accident, it is important that you do everything right and on time, to make sure that you don’t waste a single second, and that you will receive your compensation as quickly as possible.

Concluding Remarks
In short, notaries and notarized documents are vital for the filing of a motor vehicle accident claim. You, your lawyer, as well as the court, won’t be able to do anything with your case if you fail to present them with properly notarized documents.

Still, if you choose to work with a professional lawyer and their law firm, they will most likely deal with this aspect of your claim so that you can focus on treating your injuries.

While a notary is essential for a motor vehicle accident, it is better to focus on working with the right car accident lawyer!

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September 11, 2019

How is Property Divided in a Las Vegas Divorce?

Filed under: Other Guest Bloggers — admin @ 11:03 pm

Divorcing in Las Vegas may be a bit different from what you are accustomed to, especially if you have moved here from another state. The first thing that we must mention is the fact that Nevada, the home of Las Vegas, is a community property state.

Basically, this means that each of the two parties involved in a divorce owns 50% of the debts and assets that have been acquired during the marriage.

Naturally, during a divorce, these debts and assets will be distributed equally between the two spouses. However, there are some cases in which the community property can be divided unequally, usually in case of a prenuptial agreement, or of a marital dissolution settlement agreement.

In the following paragraphs, we’ll show you exactly how property is divided in Las Vegas, so that you know what you are entitled to when you file for a divorce.

What is Community Property?
As mentioned above, community property is the property that’s equally owned by each spouse. All of the property that has been acquired by any of the parties during the marriage is labeled as community property, with the exception of a prenuptial agreement between the two parties which states otherwise, or when the court issues a contrary ruling, or if a property is labeled as separate and owned by one of the parties.

What Rights Do the Partners Have in Terms of Community Property?
In the case of a divorce, neither of the two partners may leave in their will more than one-half of the so-called community property. Moreover, they cannot give away that property as a gift, for example, without the other party’s consent. Naturally, the partners cannot sell any real estate that is classified as community property either, unless both parties sign the contract or deed.

Cases When Property May Be Divided Unequally
Usually, all community property is equally split in a divorce. However, there are some cases when this rule does not apply. For example, when there is a prenuptial agreement that states the division of property if the couple enters into an agreement regarding the distribution of their property, or when the court finds one of the spouses to have secreted or wasted community assets.

Separate Property in Las Vegas
As the naming implies, separate property is the property controlled or owned by only one of the two partners. Naturally, the other partner has no right to control it. Separate property is usually the property that was owned by one of the partners before marriage, or that was acquired while the two were married via inheritance, gift, or award for personal injury.

The Bottom Line
In short, the two things that you must keep in mind are the community and separate property. If you know the difference between the two, as well as who owns what, you will have no surprises when the court divides your property during a divorce.
Also, keep in mind that there are some cases in which separate property can become community property. Moreover, domestic partnerships are still under the influence of community property rights, because the couple must register as domestic partners.

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September 10, 2019

Guide to Recognizing Elder Abuse and Knowing Your Rights

Filed under: Other Guest Bloggers — admin @ 11:02 pm

According to statistics, one in ten elders worldwide experiences a form of monthly abuse. However, given that only one in 24 cases is reported, we can expect the figures to be higher.

In this respect, it is important that we know how to recognize elder abuse – no matter if we are sons, daughters, or even elders, as well as our rights and how to apply them. Naturally, one of the first steps we have to do is request the help of a nursing home abuse attorney, so that we can find out more about how we can protect ourselves and our loved ones.

Let’s see how you can recognize elder abuse, and which of your rights you can apply to such circumstances.

Symptoms of Elder Abuse
Many times, professionals miss the signs and symptoms related to elder abuse, mainly because they are very similar to the symptoms of deteriorating mental health.
Still, keep in mind that one’s ability to recognize elder abuse is paramount for prompt intervention, as well as to reduce the impact that the abusive actions had on the person’s physical and psychological well-being.
Obviously, symptoms of elder abuse can be divided into behavioral and physical. Here are some of the signs that will point you to discover if a certain elder is being abused:

Bruises – these usually come in regular patterns or clusters.
Black eyes and welts.
Evidence of lack of medication or even overdoses of medication.
Verbal report – some elders may even report their abuse.
Depression, anger, anxiety, fear, and nervousness.
Avoiding eye contact.
Getting startled easily or even cringing; their eyes may also dart.
Sudden apathy.
Withdrawal behavior.

In some cases, the person responsible for the care of the elder may not allow any visitors to be alone with the elder, or refuse them entirely.

Naturally, these were only a few of the symptoms that should make you take action. Keep in mind that there are physical abuse signs, emotional abuse signs, sexual abuse signs, neglect or self-neglect signs, financial exploitation signs, healthcare abuse, or fraud signs.

Knowing Your Rights
Always remember that every state comes with an Adult Protective Services law that you can rely on. This law helps adults with disabilities and older adults who need assistance, as a result of abuse.
Moreover, there’s also the Administration on Aging, whose purpose is the empowerment of older persons to remain safe within their communities, healthy, and independent.
Among the aforementioned, you can always rely on the National Center of Law and Elder Rights, Legal Services for the Elderly, which provides older people with legal assistance nationwide, as well as the Office of Long-Term Care Ombudsman Programs, which operate in all states.
In short, you could say that you don’t even need extensive knowledge of your rights. If you or your loved one has been abused, there are more than enough laws and associations and support groups to help you deal with this issue.

The Bottom Line
As soon as you notice elder abuse, you must act! Doing so will not only keep your loved one healthy, but will also make sure that the ones responsible will be held responsible in court for their actions.

Even though the elder is in a nursing home, they must be protected from abuse at all costs. This is the same as with children in kindergarten, or employees within their workspace.

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