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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

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

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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November 4, 2020

10 risks to being a Mobile Notary Public.

Filed under: Notary Mistakes,Popular on Facebook (some) — admin @ 12:59 am

Originally posted Oct 19, 2017.

Notarize at your own risk. Being a Notary is NOT safe!

Many of you think that being a Notary is an easy way to make a few extra bucks. Stamp a piece of paper, get $10, easy, right? Then you deal with nitpicky signing companies who make you fax things back and you get mad, right? That is an annoyance, but not the bigger problem. Being a Notary is dangerous, particular when you don’t do your job correctly. Most Notaries feel that you look at an ID and if it is close enough and the photo looks like the guy, that you are doing your job, right? Sort of. Here are some itemized risks to being a Notary Public.

1. Hoarders
If you go to someone’s house and they have things stacked to the ceiling, you might be in danger in their house. The signer doesn’t want to hurt you. It is just that they cannot control their psychological disease that causes them to engage in hoarding. My housemate is like this and she has stuff stacked to the ceiling which is dangerous and a fire hazard. Something could fall on you or you could get trapped in a fire.

2. Bio-hazards
Some homes that are not cleaned properly are dangerous. One house Carmen almost went into had some bacterial infection that would have gone straight to her lungs and caused her to go to the hospital. If a house smells funny, maybe you are not safe in there. If it is not ventillated properly, perhaps you should stay away. Poor hygene can be deadly, so be advised.

3. Dogs
Some neighborhoods have unsafe dogs around. Notaries could be harrassed or bitten by dogs. Carrying pepper spray or mace is not a bad idea.

4. Slummy neighbors
You might go to a signing in a bad area and people nearby might be hanging out who look unsavory. I am not sure if this is dangerous, but some people get upset.

5. Angry borrowers.
One Notary got pushed off a flight of stairs and broke her wrist. The borrower didn’t like his APR and I guess the Notary didn’t educate themself on how to give a professional explanation of the APR either. The borrower ended up in jail very quickly and the Notary healed in two months.

6. FBI and lawsuits
Roughly 2% of full-time Notaries will end up in court or with an FBI investigation for being involved with identity theft. If you do not keep a thorough journal with thumbprints and the right amount of journal entries, you are much more likely to be held in court as a witness, suspect, or cause yourself extended grief. Without a thumbprint, the investigators are often helpless to catch really really bad people. So, help them out and keep thumbprints. Do your part to safeguard mankind.

7. Getting sued by a borrower
One borrower got mad and sued the Lender, Title company and the Notary when the Notary had done nothing wrong. The Notary tried to use their E&O insurance, but the company wouldn’t pay out because the Notary had not made any error or omission. Of all the bad luck. So, the Notary lost $30,000 in legal fees. Talk about bad karma.

8. Getting sued by the bar association
If you life in an Attorney state and do loan signings without a law license, the bar association might come after you. Good grief.

9. Jeremy might phone quiz you.
Many Notaries who thought they had it together got a phone call from the infamous Jeremy (that’s me) and failed an over the phone quiz. They rationalized, “I’ve been doing this 30 years and therefore I know what I’m doing.” My rationalization is, “Not if you got 18% on my quiz which consists of very easy and every day notary questions.” You might not lose any money, but you could lose your dignity if you score less than 70%. So, study up!

10. Your seal could be stolen
It happened to me. I had to write to the Secretary of State. My car was broken into and I lost my seal, embosser and journal. What a tragedy. It took me two and a half weeks to be back in business. Think of all the money I lost not to mention the trauma of being robbed of my most prized possession — my inkless embosser that I used as a secondary seal to deter fraud! Boo-hoo.

There is also the risk of traffic accidents and having one of those talking GPS systems that talks back to you when you get in the wrong lane, but I won’t include details of those problems as they are common to all humans who drive and not just to Notaries. The end!

.

You might also like:

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

Notary loses $4000 in legal fees because a fraud adds a name to a Notary Acknowledgment.
http://blog.123notary.com/?p=19477

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

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October 17, 2020

13 ways to get sued as a Notary

Originally posted in 2017

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.

.

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

Find Notary Services Near Me
http://blog.123notary.com/?tag=notary-services-near-me

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July 27, 2020

Does the signer sign the notary certificate?

Filed under: Notary Mistakes — admin @ 10:21 pm

Many of you will notice that on a Notary certificate such as an acknowledgment certificate or jurat certificate there is no place for the signer to sign. The certificate forms are for the notary to fill out — for the notary ONLY. The notary indicates the venue, date, who the signer(s) are, and entering the name of the notary. The notary signs and seals (stamps) but the signer should not inscribe any information on that form.

BTW, this is a beginner question. If you are advanced and don’t know this — good God!

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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 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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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!

.

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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October 6, 2017

A Notary gets sued because of a scrambled ID

This is a real story, but the Notary involved did not give me straight answers when I asked her how the deal went down.

Aparantly, a Notary went to an appointment for a Mexican client. The client had a name such as Frankie Martinez Ramirez on the document. But, his ID said, Edie Ramirez Martinez. The last names were reversed while the first name was different.

This Notary failed my over the phone notary test with a score of around 20% which is really bad. It is dangerous not to know how job as a Notary as it can end you up in court. However, this Notary declinded the transaction for correct reasons and was sued anyway. This was the one correct thing the Notary did during her career.

The client Eddie or Frankie (depending on how you look at it) lost out on a Real Estate deal because he could not get notarized in time. He sued the Notary for $1200 and won.

I can figure out why the guy sued, but why did the judge rule in favor of a guy with faulty ID? I think what happened is either the Notary is lying to me. Or, the Notary is so bad at giving straight answers to questions that the judge could not figure out what the lady’s case was and ruled in favor of the defendant who presumably communicated a little better.

I’m not sure exactly what to learn from this case except:
Being a bad communicator as a Notary is not only annoying, but dangerous. It can lose you clients, court cases and annoy Jeremy at 123notary who likes straight answers to straight questions. A yes/no question should be answered with a yes or not and not a story.

In any case, if you deny someone notary work, you might keep a record in your journal of what the ID said and what the document name was just in case you get sued for obeying the law. Good God. What is the world coming to?

.

You might also like:

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees.
http://blog.123notary.com/?p=19481

$4000 in legal fees because fraud adds name to Acknowledgment certificate
http://blog.123notary.com/?p=19477

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

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September 3, 2017

Common complaints we get about Notaries

Filed under: Notary Mistakes,Popular on Facebook (A little) — admin @ 12:08 am

I spent some time with Carmen reading through complaints about Notaries. For years, the NNA, 123notary and others spent a lot of emphasis on educating people about loan documents. However, the complaints we get about Notaries are never about loan documents. Then, we learned that most Notaries listed with us do not understand the basics of how to be a Notary Public. However, we rarely get complaints about people’s Notary work. So, what type of complaints are we getting?

1. Leaving the customer high and dry.
Did you finish a signing and then turn your phone off? Did you not answer your emails because you did not have any notary jobs that week? Did you go on a camping trip where phones don’t work? Or did you get angry with a vendor and just decide not to answer calls. After a signing is over, you are responsible for being available for 72-96 business hours. If the Lender or Title company doesn’t get their documents back and needs a Fedex # and you conveniently are unavailable, what are they supposed to do other than write a negative review about you? If you made a Notary mistake but are not available to fix it what to do? If there is some reason they need you to go back, but can’t reach you then what can they do? If you are not going to be available for four days after you finish a signing, warn people so they know ahead of time.

2. Being rude
I realize from all the Notaries I talk to that many Notaries are just down right rude. And those are the people who call me rude. I am impatient, but not normally rude. I get upset when people either won’t answer a question or give stupid answers or when people don’t care about doing a good job. I learned to combat my own impatience by writing people up who are rude or uncooperative. That way I gain some critical information on the person being rude and often remove them from my database as they are a detriment to society and dangerous to hire despite their claims that, “I’ve been doin’ this for 20 years and therefor know what I’m doin’.” even though they scored 20% on my easy quiz.

3. Not following directions
Many Notaries who I quiz do even worse following directions than they do on loan document questions. If you don’t do what is asked of you, you will get in trouble. So READ instructions, call when you don’t understand something and obey the law and those who hire you in that order. Beginners tend to have a much more difficult time following directions than old timers by the way, and beginners make outrageous notary mistakes a lot more too as they haven’t been scolded (much) yet.

4. Notary mistakes
In the old days we had more complaints about Notary mistakes. Although our notaries typically do not know what they are doing, their mistakes and knowledge omissions don’t seem to get them CAUGHT which is the main thing. If you seal over wording you get caught. If you use your stamp wherever you see the word “seal” in a context where seal means signature, you will get repremanded. If your stamp is smudgy your local county recorder will get you in trouble. But, if you are unable to explain the difference between a Jurat and an Acknowledgment, or forget to do your Oath, then I am the only one who will catch you — and you can bank on the fact that I will, so study up!

So, the bottom line here is that it is good to do a good job as a Notary and even better to know how to distinguish between the various documents in a loan. However, being nice, cooperative, following directions and getting back to people in a timely manner count more than being a good Notary. As a directory owner, I am weeding my directory and weeding out the worst Notaries. The rude ones get weeded out much more quickly than people who are bad Notaries with good attitudes. Someone with a good attitude can learn, but an uncooperative jerk will never learn. So, be advised.

.

You might also like:

Right to Cancel done Wrong
http://blog.123notary.com/?p=10001

Stories of Notaries that fail and what they did wrong
http://blog.123notary.com/?p=143

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

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November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

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