Technical & Legal Archives - Page 2 of 16 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

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Are online notarizations illegal to protect outdated customs?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blog commentator writes that online and webcam notarizations are illegal (in many jurisdictions) simply to protect the outdated customers of traditional Notaries.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?

You might also like:

Why you shouldn’t use an online notary
http://blog.123notary.com/?p=22090

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

Share
>

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

Share
>

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

Share
>

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

Share
>

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

Share
>

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

Share
>

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

Share
>

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

Share
>

May 23, 2019

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

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

Share
>

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

Share
>
« Newer PostsOlder Posts »