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November 14, 2019

Permission to travel for minors

Filed under: Technical & Legal — admin @ 5:46 am

I once created my own permission to travel for minors. The reason is that I wanted places for thumbprints of the various parties involved. I got feedback from repeat clients that the officials in Mexico liked my form because it was thorough and included lots of good forensic information. Here is what I put on my form.

1. Name of the authorizing party.
2. Name of who (name of child) they were authorizing to travel
3. Dates they authorized the child to be gone.
4. Name of the accompanying adult and their relationship to the child or family if any.
5. Places where the party would be traveling to.
6. Thumbprints of the authorizing party and optional prints of the child, and accompanying parties.

I (name of authorizing party) authorize (name of child) to travel to (name of place) accompanied by (name of guardian adult). They will leave (name of city leaving from) on (date) and return on (date). They will be traveling to (name of cities and country).

I do not remember the exact verbiage, but this covers the bases and all pertinent information if I am not mistaken. Traveling overseas as a child is a big deal. You want to make sure nobody is getting kidnapped and make sure nobody is suspicious of kidnapping.

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What type of forms should a notary keep in their bag?
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Make your own notary certificate forms!
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November 3, 2019

Are you safer at a psych hospital or a jail?

Filed under: Hospital & Jail Signings — admin @ 8:36 pm

Ken wrote a blog comment many years ago saying how a patient at a mental institution threatened to rip his ears off, lunged at him, but how a fast thinking security guard saved the day. People in mental institutions are out of their minds. I have visited many. For the most part people are docile and harmless, but there could be a few who are dangerous and how would you know as an outsider?

Many Notaries are too chicken to go to a jail. However, in jail, the bad guys are behind bars and cannot hurt you. I have only been face to face (without a glass separation) with an inmate in a room with a Sally port once. It was no big deal for me, but a woman might not have felt so comfortable.

Jails are places where there are Attorneys and women in the waiting room, guards, perhaps long hallways, elevators, and visitation rooms. You need a guard to pass the journal and pen back and forth to the inmate at a visiting room — that is the only main snag at a jail signing unless they have moved the inmate or are having a lock down.

So, basically you might not be familiar with jails, and there can be logistical issues. But, you will not be in danger as far as my experience tells me.

You might also like:

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

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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October 30, 2019

If you notarize a document, does that make it “legal”?

Filed under: Technical & Legal — admin @ 11:50 pm

If you notarize a document, does that make the document in question legal or official?

As far as I know in my layperson opinion, if a document will be used in a legal transaction or in court, it might be said to be a legal document.

Notarizing a will, or other document just makes it notarized. Being notarized it might be acceptable to a particular document custodian or might be more relevant in court. Deeds and Power of Attorney document by definition need to be notarized to be effective or be recorded.

Oh yes, and if a document hits its 18th birthday, then it is definitely legal and the document custodian should alert Quagmire from Family Guy of the event too, particularly if the document is female.

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October 27, 2019

Are online notarizations illegal to protect outdated customs?

Filed under: Technical & Legal — admin @ 11:48 pm

One blog commentator writes that online and webcam notarizations are illegal (in many jurisdictions) simply to protect the outdated customers of traditional Notaries. Since many Attorneys are Notaries, this in his opinion is a case of mob rules where the public loses. Hmm. Interesting thought.

Security is another issue. It is hard to know on a webcam if that is the actual person being notarized. People change their hairstyle and sometimes more than one person looks like the same person. As a former Notary, seeing people’s ID is not enough in my opinion. Women change their hair around so much they are often not recognizable.

I would feel more comfortable if Notaries had facial recognition technology so that we could really identify people. It would be like that movie from thirty years ago whose name escapes me where you walk into a store and a computer greets you by name due to the technology. How annoying and invasive. China is becoming like that, but then, they have 1.4 billion people (and counting) to take care of. On a brighter note, I think the urban folks have given up having children.

So, is the growth of online notarizations stifled by mob rule, a lust to preserve traditional practices, or for realistic and reasonable concerns about security?

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Why you shouldn’t use an online notary
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eNotary
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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?

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

30 Point Course – what to explain and what not to
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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.

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When are you required by law to give Oaths?
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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!

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A Notary helped put three felons away
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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.

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Apps that Notaries have never heard of
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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
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Letter to Trump about the sad condition of American Notaries
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