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October 5, 2019

Hospital signing in reverse. The Notary was bedridden

Filed under: Hospital & Jail Signings — admin @ 11:20 pm

A Notary had to go to the hospital for a hernia. He was in pain and drugged part of the time. But, he had a thriving business. and his customers would come to see him in the hospital.

CUSTOMER: Hi, I need this Affidavit notarized. I’ll sign it right here. You’re paying attention right?

NOTARY: (nodding off) ummm.

CUSTOMER: You are paying attention right?

NOTARY: Oh yeah..

CUSTOMER: (signs the document) Can you fill out the Jurat and sign it here?

NOTARY: I am not myself today. I might need to do a signature by X

CUSTOMER: According to what you told me last time only elderly customers can do a signature by mark or X.

NOTARY: Just kidding. Let me just fill this out… okay. Now, do you solmenly swear to uphold the constitution of the United States against all enemies foreign and domestic?

CUSTOMER: When you say domestic, does that include Consuela my maid? she is foreign AND a domestic.

NOTARY: You just have to make things complicated.

CUSTOMER: And that Oath has nothing to do with my document. That is the morphene talking, right?

NOTARY: I was just testing you. I’m actually sober, believe it or not. That’s why I’m being so mean. When my father arranged my marriage to Maria he said, “And he’ll beat you constantly — but only when he’s sober which is very little of the time.”

CUSTOMER: How reassuring. Okay, my Oath please? Never mind. I solemnly swear under God that the contents of this document are true and correct to the best of my knowledge.

NOTARY: I hereby affix my stamp. I gotta get out of here. I don’t want to be late to the straight pride parade in Boston of all places. Don’t you just love people from Boston — how refreshing — standing up for traditional values.

CUSTOMER: Yes, I find them refreshing, especially when they call people a “fricking retahd.”

NOTARY: Me too – gotta love it. I pronounce you man and document.

CUSTOMER: I am going to pass on kissing the document.

NOTARY: That will make you more popular in Boston as a result.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

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

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October 4, 2019

Is it practicing law to explain a notary act?

Filed under: Technical & Legal — admin @ 11:19 pm

Many Notaries think they are practicing law by explaining a notary act. Notaries are not allowed to choose a notary act on behalf of a client, but can they explain the requirements?

As a Notary, you have to have a signer sign in your physical presence for a Jurat, but not for an Acknowledgment (except in a few underpopulated states). So, are you practicing UPL or engaged in the unauthorized practice of law by explaining that distinction to a client?

For an Acknowledgment you do not have to sign in front of the Notary, although many lenders require the signer to do so. Is it UPL to explain that too?

Is it UPL to word an Oath for a client for their Affidavit? You kind of have to do that otherwise you cannot administer an Oath or Affirmation.

The fact is that your state authorizes you to do Notary work and perhaps even tests you on it. You are authorized do do all aspects of Notary work by law. You are not authorized to explain Mortgage documents but notary procedures are NOT Mortgage documents although they might be done to Mortgage documents.

How do you deal with this quandary?

You might also like:

Unauthorized practice of law in the notary industry
http://blog.123notary.com/?p=21317

30 Point Course – what to explain and what not to
http://blog.123notary.com/?p=14440

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September 22, 2019

When can you charge for an Oath?

Filed under: Technical & Legal — admin @ 10:32 pm

If an Oath is a separate and independent notary act, you can charge for it as far as I know — I swear!

But, I believe (and please comment below if I am wrong) that you may not charge extra for an Oath on a Deposition, court appearance, or for credible witnesses.

When using credible witnesses for an Acknowledgment, you just charge for the Acknowledgment, but not for the credible witnesses. This is only for states that allow credible witnesses which is about 30 states more or less and you can look them up online.

You might also like:

When are you required by law to give Oaths?
http://blog.123notary.com/?p=21017

The Starbucks Oath Question
http://blog.123notary.com/?p=21001

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August 22, 2019

He put crazy glue on his thumb

Filed under: Notary Mistakes — admin @ 10:48 pm

If you are in a hurry as a Notary to get the job done and get out, think again. Your job is to deter fraud. In fact, detering fraud is so critical in your Notarial profession, you should be called Fraud-Deteraries (not sure that is a word, I’ll Google it.)

A Notary went to a signing. The signer had put crazy glue on his thumb. Personally, I think that a more professional grade adhesive would have made more sense, but the borrower didn’t google “best adhesives for using during fraudulent notarized signings.” His loss! In any case, putting sarcasm aside, The Notary thumbprinted the signer in their journal (they were in California) didn’t notice that the thumb had no tire tread on it.

Later on, the signer, and the Notary ended up in court as the signer had impersonated a home owner and used fraud to steal or embezzle property from someone else. This would not have happened if the Notary had paid attention to the lack of tread and taken a look or felt the signer’s thumb and said, “something is up!”

However, please be advised that for the elderly, it is common not to have any tread, especially for the 80+ crowd. So, that is normal if there is no wear or tear left on their thumb. But for someone middle aged, that is not acceptable.

Putting crazy glue on your thumb is just plain crazy, but being a notary who is not on the ball is even worse. Stay alert and realize that your job is to prevent crazy people from impersonating others!

You might also like:

A Notary helped put three felons away
http://blog.123notary.com/?p=19471

Compilation of posts about fraud
http://blog.123notary.com/?p=21527

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August 11, 2019

Trouble remembering your password?

Filed under: Technical & Legal — admin @ 11:31 pm

Many people lose their passwords on 123notary.com. Here are some ideas for how to resolve that issue.

1. Tattoo the password to your arm. That could create a small issue if you change your password. Just pick a tattoo artist who specializes in touch ups.

2. Create an email file for passwords

3. Write it down on paper and tape it to your desk (or forehead.)

4. Tell your password to your wife.

5. Post your password all over the internet (not recommended).

6. Pick a password you will never forget.

7. Email us when you forget (good idea.)

8. Write the password on a birthday cake, and then don’t eat the cake.

You might also like:

What is your favorite notary password?
http://blog.123notary.com/?p=19224

Apps that Notaries have never heard of
http://blog.123notary.com/?p=16311

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July 28, 2019

Perhaps Donald Trump will take Notary competency more seriously now that he is affected

Filed under: Notary Mistakes — admin @ 2:19 am

It is now being claimed that Trump never signed a non-disclosure agreement with Stormy Daniels. Due to a botched notarization done by a Notary who received little or no training, a very important business document is now null and void. For years, the various state notary divisions have allowed shoddy Notaries to represent 99.9% of the notary population, and do little or nothing to train or scrutinize them. California does the most, but still 70% of California Notaries that I test cannot and will not administer a correct sounding Oath nor do they think it is important.

The fact remains that if you don’t keep a proper journal, don’t give an Oath, or make a mess of your certificates, you can invalidate the legality of a very critical financial document and that is no joke. The government for decades has behaved like it doesn’t matter and that the Notary profession is one big joke where people should get paid pennies for their work.

Now that the most important man in America has gotten his fingers very badly burned by a typical Notary who was never scrutinized by her State of Texas (which is a state that not only doesn’t teach you how to be a good Notary but prohibits you from inscribing ID serial numbers or taking thumbprints which is the only sure fire way to know a person’s true identity.) The State of Texas allowed this Notary to practice, never checked up on her, and the result is that the President of the United States is now in a lot of trouble. Maybe I should write to Donald and let him know that Notary education is the secret to resolving this problem in the long run. What do you think he will think? I think someone or a lot of someones are about to be fired.

You might also like:

Trump’s trade war affects Notaries
http://blog.123notary.com/?p=20497

Letter to Trump about the sad condition of American Notaries
http://blog.123notary.com/?p=19403

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July 27, 2019

Texas suspends notary who handle Stormy’s hush money

Filed under: Notary Mistakes — admin @ 2:11 am

Stormy Daniels signed a document regarding being paid $130,000 in hush money before the 2016 election. A Texas Notary named Erica Jackson notarized that non-disclosure agreement document concerning the money. But, the State of Texas terminated her Notary commission as a result. The Notary claims she did nothing wrong, yet got canned anyway?

However, the plot thickens. After I watched a video about what had happened, there was a stamp on the signature page, but no notarial certificate verbiage and no notary signature. The notary claimed that the Acknowledgment page which was the third page (that was no longer attached) that stated who was being notarized, etc., was omitted.

Additionally, there was an accusation that the Notary notarized without a signature of the Notary, but the Notary claims that she signed on other pages which were attached.

There was also journal record for the corresponding document, and the journal seemed to have been filled out correctly.

Jeremy’s Comments
If you are a Notary Public, it is quite likely that you could end up on the 6pm national news. So please take your job a little more seriously and get rid of this “I already know it all” attitude, as it is that attitude which prevents you from learning.

This Notary did several things wrong.
1. She stamped the signature page with her Notary seal but omitted Acknowledgment and/or Jurat certificate verbiage. She also omitted a Notary signature to accompany her notary seal which is illegal and she should be terminated if that was the case. It is hard to see what actually happened when you have an inconclusive video.

2. She attached a certificate that was to constitute page three, but that page three ended up missing. Your stamp can not be on page two when the certificate wording is on page three. Those legally have to be on the same page. If the stamp had been on page three where it was supposed to be, she wouldn’t be in a world of trouble.

3. I originally thought (because I prejudged the situation) that the Notary was in trouble because of her association with some dirty business. That was how her improper notarization was discovered, but not why she got in trouble. Interesting in any case.

You might also like:

Stormy Daniels accuses Notary of having intercourse with her
http://blog.123notary.com/?p=20485

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

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June 25, 2019

What is so critical about crossing out the he/she/they?

Filed under: Technical & Legal — admin @ 12:17 pm

FAQ of the day

The he-she-they being filled out is important because if someone fraudulently adds a name to the certificate making the people involved a they and no longer a he or a she, then it makes it a lot easier to make sense of the “he said/she said/they said” that will ensue.

You might also like:

A Los Angeles detective seizes someone’s journal and complains about a blurry thumbprint.
http://blog.123notary.com/?p=22237

Penalties for notary misconduct
http://blog.123notary.com/?p=21315

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

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June 13, 2019

Notarize this page!

Filed under: Technical & Legal — admin @ 8:36 am

You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now? The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

You might also like:

Fixing certificates is a nightmare
http://blog.123notary.com/?p=21083

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

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June 11, 2019

A Los Angeles detective seizes two journals and complains about a blurry thumbprint

Filed under: Notary Mistakes — admin @ 10:14 pm

Yes people, it really happened. A Los Angeles Notary notarized the wrong person. That person was committing some type of fraud. The next thing you know, some detectives were banging on her door. She had to let them have two of her journals. But, that was not good enough for the detectives. They went through a long whining session.

One of the thumbprints taken by the Notary was blurry. How can you do forensics on a blurry thumbprint? Why was that Notary so lazy that they could not take a proper thumbprint? It’s not rocket science — you just push down — and that’s it. Take thumb, press down in ink pad, rise thumb, press straight down on journal thumbprint designated space, feel good, that’s all.

Then on another journal entry, there was no thumbprint, and trust me, the detectives complained a whole lot about that.

So, if you are Notaries and say, “You’re being too picky Jeremy, and besides, my state doesn’t require that.” There are real reasons why I make the recommendations that I do, and it is not just to give you a hard time. You can get in real trouble without thumbprints and proper journal work. Don’t let it happen to you.

You might also like:

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

All Mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

Scenarios – the FBI is at your door and wants your journal
http://blog.123notary.com/?p=20013

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

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