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May 24, 2019

What would Ken Edelstein do?

Filed under: Technical & Legal — admin @ 10:57 am

When I have a business problem, I ask, what would Donald Trump do?
When I have a love problem, I ask what our hero from back home in Massachusetts Mark Wahlberg would do?

But, what I have a notarial problem, (or when you do), when you ask your psychic to tune into the universe for answers, who should you channel?

How many notarizations must a man go through.
Before, you call him a man (or a “real notary”.)
How many seas must a sea dog swim (also referred to as a seal)
Before she basks on the beach
Yes, how many times must unpaid notary bills fly
Before those signing companies are forever banned?
The answer my friend is Ken Edelstein — the answer is Kenneth Edelstein.

However, Jeremy is writing this article not Ken. This article is inspired by a blog comment by someone who wanted to know what Ken would do in a particular situation.

So, please write your comments about how to handle particular situations, and in a few months, Ken might write some responses for you, but only if you ask nicely. And one more thing. Ken likes turkeys. I’ve never been able to figure that one out. Maybe it’s a New York thing. Hmmm.

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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!

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May 21, 2019

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

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!

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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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March 19, 2019

Is it a Federal crime to make a photocopy of a military ID card?

Filed under: Technical & Legal — admin @ 9:56 am

I have heard that it is illegal to make a copy of a military identification card.
As a notary, you are not responsible for making copies as a general rule. Be especially cautious and vigelent with Military ID’s. We don’t want you getting in trouble.

Forum discussion on the topic.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=7249

Copying Miltary ID – is it allowed?
https://www.cbancnetwork.com/questions/view/2eb342a0-9c2e-43ec-b544-118859fad5a8?title=Copying%20Military%20ID-%20Is%20it%20Allowed?

DoDLive Link
http://www.dodlive.mil/2017/05/11/did-you-know-photocopying-a-government-id-is-illegal/

Notary Public 101 — Identification
http://blog.123notary.com/?p=19507

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March 9, 2019

Why You Shouldn’t Use an Online Notary

Filed under: Technical & Legal — admin @ 9:30 am

Here we cover six important reasons for NOT using an online notary public.

We’re living in an era driven by technological advancements. Today, people are willing to use YouTube as a babysitter and tablets as their kids’ companions. Be it engaging games, interactive tools for education or workflow productivity, technology always lends a helping hand but this gives rise to a few questions: Does technology really help us? Does technology need to disrupt everything? How deep into our personal affairs should we let technology creep?

Here we cover six important reasons for NOT using an online notary public:

Far Less Secure than In-Person
Lack of personal appearance defeats the purpose of notarization. Period. How can a notary properly identify someone in the world of AI when they appear on a computer screen? Audio/Video can be made from anywhere through any means. As I write this article, I did a simple Google search for “video overlay app” and about 152 Million results popped up with detailed instructions.

Huge Potential for Fraud
Here’s the dirty secret that online notaries don’t want you to know. Online notary companies require you to upload a copy of your documents so that they can place their seal on them, you then download your “notarized” documents and print them out. But guess what? A copy of your most important legal documents are now somewhere on the online notary’s datacenter just waiting for a hacker to harvest them. And we all hear the same news story almost weekly, “XYC Company has had their data breached and millions of users data was compromised.” What if you were named the beneficiary in your late relatives estate documents that were notarized by an online notary, but all of a sudden, someone else shows up in court with a copy of those same documents but with their name on them as the beneficiary?!?!

Huge Potential for Identity Theft
Internet security is another big one. If you don’t have huge secure data servers processing the data you’re uploading to the online notary, your personal information (ie. your ID credentials and documents) are being thrown out onto the World Wide Web without recourse. Once that data is internet bound, there is no coming back from a potential cyber attack.

It Costs More
In the State of California, notaries may charge a fee of $15 per signature notarized. Online notaries charge almost twice that at $25 per signature notarized. If you have multiple documents with multiple signers, you’re going to spend a whole lot more with an online notary than with a local notary whom you actually get to meet in person and shake hands with. “Shop Local” also applies to notaries.

You Might Need a Do-Over
The receiving party may not accept an out of state notary seal. A little known fact is that it’s up to the receiving party to decide if they will accept the notarization or not. Online notaries only exist in VA, TX and NV at the moment and the receiving party doesn’t have to accept an out of state seal, particularly if the receiving party is a state government agency. You’ll then need to spend more money getting your document re-notarized by a local notary in your home state.

Unemployment
How are local notaries supposed to make a living? Currently there are approximately 164,000 notaries in California. Now, we have a huge corporate company coming into CA (with the infrastructure already in place) and swallowing up notary jobs leaving thousands out of work. Imagine how hard it will be to find a notary if notaries have been replaced by an app but you can’t get an internet connection!

Conclusion
Technology has brought radical changes to our lives. But, we will end up having more disadvantages than advantages if our society overuses technology. What’s your take on this? We would love to hear your thoughts in the comments section.

Author: Matt G Miller
Contributing Writer: Kyle Eisenberg
I was given permission to publish this article by Matt Miller although it looks like it had already been published on his personal blog.

You might also like:

How Notary work is similar to online dating
http://blog.123notary.com/?p=15763

eNotary – electronic notarizations
http://blog.123notary.com/?p=21344

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March 6, 2019

How do you get something notarized if you don’t have ID?

Filed under: Technical & Legal — admin @ 9:28 am

How to get something notarized if you don’t have ID?

The answer is that it’s not so simple. Most states have rigid rules for who can be notarized and what type of ID is necessary. However, many states allow you to be notarized if two individuals called “credible witnesses” swear to your identity. They can generally be anyone who knows you. But, how can you know if you are in a state that allows credible witnesses? Ask a local notary and find out. The sad thing is that many of them do not know how to use credible witnesses to identify a signer. So, do your homework and find a Notary who is in the know, so to speak.

In the long run all people should have an ID, and there is a typical way to get this. You need to get your birth certificate from the city you were born in — and hopefully you know where that is. From there, you can get a state ID card and then you can get a passport.

Many years ago, you could get a Jurat done (which is a notary act.) Jurats require a sworn Oath but did not used to require identification on the part of the signer. I believe that they do now in all states, but I could be wrong.

Typical ID’s that are acceptable for a notary would be:
State issued ID cards
Drivers licenses
Passports
Military ID cards
Green cards did not used to be acceptable in California but might be now and you can ask a local notary.
Credit cards with photos are NOT acceptable.
Social Security cards are also not acceptable.

As a general rule a government issued photo ID with a signature, serial number, physical description and expiration date would be acceptable.

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March 4, 2019

Can a notary sign on a different day?

Filed under: Technical & Legal — admin @ 9:27 am

Can a Notary sign on a different day?
What does this mean anyway? In the Notary world, there are different types of dates that have different types of names. As a signer, you might need to know some of these dates so you can communicate with Lenders, Attorneys and Notaries.

Transaction Date — The date a document is signed

Signature Date — The date a document is signed

Rescission Date — The day when you can no longer cancel a loan

Notarization Date — The date a document is notarized.

Document Date — The date inscribed within the document (which is generally arbitrary but could coincide with when it was supposed to be signed, drafted or notarized.)

Medjool Date — That’s the date you eat at one of those high class massage places that play old school medieval music and have a Moorish looking fountain in the middle of the spa.

Now that we are all experts in dates, a document can be notarized anytime after the document is signed if you are having the notary act called an Acknowledgment done. An Acknowledgment is an act where the signer appears before a Notary Public, and acknowledges having signed a particular document. The signer doesn’t have to sign in the presence of the notary for this act except in a very few states. The signer could sign one second before the notarization or ten years — it does not matter. Unfortunately, most Notaries are so ignorant of the laws affecting Acknowledgments, that they might require you to sign in their presence even when it is not legally required — which is itself is an illegal request on the part of the Notary. A Notary may not turn down a legal request for notarization.

So, there is the law, and then there is the Notary’s incorrect interpretation of the law. It might help to ask a local notary this question as it is state specific and open to (mis)interpretation, at least most of the time. I’m sorry to disappoint the readers here, but I regularly test Notaries on basic notary competence and the results are not promising and few Notaries are willing to study from out materials or any materials either. So, I feel your grief. But on a brighter note, you can celebrate a good notarization by having a medjool date. They are very healthy and good for your kidney qi according to Chinese holistic medicine.

You might also like:

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

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February 26, 2019

Notary Public Seal

Most states require a Notary Public to have a Notary Seal or Notary Stamp. This is normally a rectangular shaped seal.

The seal should have the Notary’s name, commission number, expiration date, county, and state. It would also have some type of border such as a straight line, milled, or serrated. The seal should be used with ink. Some states allow for a secondary non-inked embosser that leaves a raised impression on pieces of paper for security reasons as these cannot be fraudulently photocopied.

Your notary seal’s impression should not be smudgy or the document could be rejected by the county recorder’s office. Please be sure to re-ink your seal as necessary so your notary seal’s (notary stamp’s) impression does not get too light.

You might also like:

Notary seal information from A to Z
http://blog.123notary.com/?p=8337

A forged document vs. a forged notary seal
http://blog.123notary.com/?p=10391

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Miami-Vice, a shipment of illegal notary seals
http://blog.123notary.com/?p=19927

The seal-fixer
http://blog.123notary.com/?p=16612

UFO Notary seal
http://blog.123notary.com/?p=16533

The Steve Jobs Notary Smart-seal
http://blog.123notary.com/?p=16522

Two and a half Notaries — the intercontinental notary seal
http://blog.123notary.com/?p=10432

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February 22, 2019

Apostille – General Information

What is an Apostille?
An Apostille can be a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that is not NOT a member of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from. In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office. Due to budget cuts, Secretary of State Offices are not always nearby, so it can be labor intensive to get to them.

How do I get an Apostille?
You might consider contacting an experienced notary who has been through the Apostille process many times. There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.

Q. Can you recommend a few notaries who are experts in the Apostille Process?
A. Yes, see the 2011 version of this blog article for recommendations.

You might also like:

What is an Apostille?
http://www.internationalapostille.com/what-is-an-apostille/

Department of State — Apostille Requirements
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

2011 version of — How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

Certified copy of an Apostille?
http://blog.123notary.com/?p=14923

Basic Notary Vocabulary
http://blog.123notary.com/?p=19495

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