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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

You might also like:

Can you notarize a signature in Chinese characters?
http://blog.123notary.com/?p=18784

The signature name affidavit — what is its purpose?
http://blog.123notary.com/?p=22541

Bikers on boats — Notaries heisting signatures
http://blog.123notary.com/?p=21160

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

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May 26, 2019

X is now a gender and not a generation

Filed under: Technical & Legal — admin @ 10:55 am

The NNA wrote in their blog (and I think this is bad advice by the way) that you should not fill in the he/she/they in California if the gender on the ID says “x”. However, the whole point of the he/she/they is to deter fraud, so by not filling it in, you are inviting fraud (but, without the RSVP card). You no longer know if the person is singular or plural, x-etera. And then asking people to sign next to the “x” presents some other sensitivity issues now doesn’t it. On the other hand, what might make sense is to put in handwriting at the bottom of the acknowledgment that this is a notarization for a single person of gender neutral (or unknown gender) association. That way you have documented the gender and quantity of people. Or, the state could come up with a form that says he/she/x/they which in today’s times makes a lot more “xense.”

When I was growing up there was generation x. Now there is gender-ation x. Boy have things changed. I never thought I would live to see this day. And I have no say in the matter. By the way, I self-identify as being a South African Bushman — is there a spot on the form for that?

It would not surprise me if some millennial came up to one of these transgender people and said, “I self-identify as being a Notary Public.” Do you have a commission? What’s that?

We can change our appearance, but can we change our chromosomes?

You might also like:

Millennial Notaries and gender rules
http://blog.123notary.com/?p=22535

The Notary apologizing game
http://blog.123notary.com/?p=22576

Demographics and who is reading my blog
http://blog.123notary.com/?p=22231

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May 23, 2019

How weak are you with sob stories at the signing table?

Filed under: Technical & Legal — Tags: , — admin @ 11:04 am

Many people will plead with you to do something illegal like notarizing without a signature or without a clear signature. The signer might be close to death or in the hospital or in jail. You might hear an unbelievable good sob story told with tears coming out of somebody’s eyes. The question you should ask yourself is, how badly do you want to end up in jail?

If your goal as a notary is to please the client, find another profession. Your goal should be to please the government and uphold all applicable laws. If you have any time or patience after that, then you can be nice to the clients. You are a No-tary, not a Yes-tary and you can get thrown in jail. So, please learn how to deal with sob stories. I had to deal with one with a dying elderly Chinese man who communicated by squeezing your hand once for yes and twice for no. The squeezing was so unclear I told them to get an attorney and that I didn’t want to get in trouble. Squeezing hands is not a language I speak. South African clicking? Now that’s a different story (songs only and no conversation — sorry.)

Your job is to feel sorry for your government trying to keep law and order. So, choose your allies carefully based on what they can do to you and not on the $10 they might pay you. The End!

You might also like:

Some folks feel more comfortable with a strange female in their house than a man.
http://blog.123notary.com/?p=22243

Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

What is the significance of a complaint?
http://blog.123notary.com/?p=21234

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May 21, 2019

A lady Notary gets a request for backdating. Hear this brilliant solution

Filed under: Technical & Legal — admin @ 11:05 am

This is a tip from one of our most seasoned Notaries that we’ve ever had. What season? Hmmm. Autumn! She got a request for backdating. She says it is hard to get the request in writing.

If it were me I would tell them — just put the job specifications in writing and I will deal with it accordingly.

That way I am not incriminating myself, but I sure as hell will report their (&*#) to the Sec of State once I get that instruction sheet telling me what date to put in my journal and on the documents. That is fraud central.

So, yet another great tip from one of our great Notaries relayed to you by me… the messenger!

You might also like:

Backdating from A to Z
http://blog.123notary.com/?p=2424

She lost an account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

123notary index of popular notary articles
http://blog.123notary.com/?p=20282

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May 17, 2019

Can you scan loan docs back using a cell phone?

Filed under: Notary Mistakes — admin @ 11:08 am

Can you scan loan docs back using a cell phone?

Yes, but should you? Notaries commented on forums that cell phone scans are unclear and unprofessional. If you want to get fired, then do what you like. But, for nice clear scans, use a professional machine or better yet, get a portable.

You can use whatever equipment you like so long as the output is clear. Maybe a higher end iPhone will do the trick… or not. I don’t know because I am not a technical guy. Or better yet, ask your employer and they can recommend what they want. The main thing is to not get fired. You are not assigned notary work for your convenience but for the convenience of others — something that notaries conveniently forget!

You might also like:

Do you carry a portable scanner?
http://blog.123notary.com/?p=15441

Mobile offices from A to Z
http://blog.123notary.com/?p=535

Notary answering machines
http://blog.123notary.com/?p=22295

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May 7, 2019

Can an individual mail a document to an Attorney to get notarized?

Filed under: Technical & Legal — admin @ 12:00 pm

This question came from a blog comment.
The answer is that yes, you can mail a document to an Attorney to get notarized. However, the signer might need to be mailed as well, because you can’t notarize a signature on a document if there is no signer. The signer can sign in front of the Attorney if you like as well. What is more important is that the Attorney draft, recommend or review the document before it is signed.

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April 30, 2019

Power of Attorney in Jail or Prison

Filed under: Hospital & Jail Signings — admin @ 10:11 am

Power of Attorney in Jail or Prison

The most common documents to be signed in a jail are title documents to cars, or power of attorney documents. Please be advised that a Notary may not draft or give advice on documents unless they are authorized to do so by also being an Attorney, or in a legal support profession that is authorized to give legal advice. I do know personally know who other than Attorneys can draft documents, so ask an Attorney.

Many banks have their own power of Attorney forms. So, please be sure you are having the inmate sign the correct power of attorney that will be acceptable to your bank or whomever the document custodian is.

As always, please consult an Attorney before you decide which type of legal document to use, or draft a legal document such as a Power of Attorney.

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April 29, 2019

Identification for prison notarizations

Filed under: Hospital & Jail Signings — admin @ 10:06 am

Identification for prison notarizations

1. Inmate ID Cards
In Florida and California, there is such thing as inmate ID cards or an inmate identification card. These are issued by the Department of Justice of Bureau of Federal Prisons.

2. Wristbands
In other states, sometimes the Notary can use a wristband. But, that is subject to the laws of your state, so you will have to consult your state’s notary manual online.

3. Credible Witnesses
Credible Witnesses may be used to identify a person in many states. You need to ask the Notary Public who you intend to use what the rules are in your state for Credible Identifying Witnesses. Many states will allow two individuals who know the signer to vouch for the identity of the signer under Oath before a Notary Public and will allow this as a substitute for having proper identification.

4. Regular Identification Cards
Ideally, if you can find a current identification of the signer and bring it with you to the jail, this will make it a lot easier for the Notary to notarize the signer.

5. Guards
Guards at jails are normally helpful about passing the journal through the slit in the glass to the signer. However, they very rarely want to be involved in identifying inmates as a credible witness.

6. Thumbprinting
It is generally a good idea to thumbprint signers in the notary journal. Most Notaries do not do this, but it is prudent as you cannot fake a thumbprint and it is forensic evidence that can be used to prove the identity of the signer if the signing is ever investigated.

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April 20, 2019

Payment for Jail Notary Service

Filed under: Hospital & Jail Signings — admin @ 10:10 am

Payment for Jail Notary Service

Not all Notaries are experience at jail notarizations. It is recommended that they get an up front travel fee when they meet you. They should also charge for waiting time incrementally as well as for the notarizations. The fee for the actual notary work should be paid after the notary work is done while the other fees paid up front or during the waiting time which can be unpredictable at jails.

Additionally, it is recommended that if you are meeting a notary at a jail, you have a mobile phone and keep in contact with the Notary. It is common for clients to stand Notaries up at jails, so make sure the notary knows that you are serious about doing business and that you won’t be late.

Also, make sure all parties know where to park, and have directions going where they are going.

P.S. I have an acquaintance who did a job for one of those California legalized marijuana stores. Guess how they paid him? I’ll leave that to your imagination.

You might also like:

Jail notarization issues
http://blog.123notary.com/?p=22137

Notarizing an arsonist at a jail
http://blog.123notary.com/?p=650

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April 12, 2019

Jail Notarization Issues

Filed under: Hospital & Jail Signings — admin @ 10:05 am

For those of you who need a Notary to visit an inmate at a jail, penitentiary, detention center or correctional facility, there are many issues at hand. I will try to explain those issues in an organized way in this informational article.

.

Identification for Prison Notarizations – http://blog.123notary.com/?p=22139
Lockdowns and inmate considerations – http://blog.123notary.com/?p=22142
Payment for Mobile Notary Service – http://blog.123notary.com/?p=22145
Personal Appearance of Signer – http://blog.123notary.com/?p=22148
Power of Attorney Documents – http://blog.123notary.com/?p=22151

.

We also have other articles about jail signings.

Find a notary who can notarize an inmate
http://blog.123notary.com/?p=21349

Notarization done at a jail rejected by police
http://blog.123notary.com/?p=17484

7 steps for jail notarizations
http://blog.123notary.com/?p=8634

Notarizing an arsonist at a jail
http://blog.123notary.com/?p=650

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