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December 18, 2018

Beginner Notaries 103 — Getting Work

Filed under: Technical & Legal — admin @ 2:51 am

Chapter 4. Getting Work
Return to table of contents – Beginner Notaries 103

Being a newer Notary, you have to get new contacts, learn new things, and work for whomever will take you. It is typical that you will be micromanaged, have to do a lot of faxing back, get paid poorly or in some cases not at all. This sounds like a horrible ordeal, but it is good because by paying your dues you will get experience. Any Notary who has succeeded had to pay their dues. Some paid more dues than others while a few with good legal contacts avoided the whole low-ball experience.

You need to call the companies who you signed up with regularly. Remind them that you exist and are ready to jump night or day. You can call signing companies, title companies, Attorneys offices, bail bonds offices, hospitals or anyone who needs a Notary. Let them know you are ready to work. You should mention you are a mobile notary on your facebook profile too because you never know who is reading it.

You should have a business card that you can give to your clients, their coworkers, family members, secretaries, etc. Repeat business is a big factor.

You can find signing companies on the signing company lists on 123notary and Notary Rotary. On 123notary our list is free to the public. On Notary Rotary you might need to be a member to see a lot of their information.

Knowing who to contact is half of the battle. The most important factor of getting work is being hungry and ready to please. Those who contact companies and brag about how smart they are are annoying. But, those who are ready to jump, answer the phone at all hours, and never complain are the ones who get jobs. Companies need you to get them out of a bind. If you are always their hero, you will get jobs. If you are always busy, tired, or unresponsive, you might not get jobs.

Once you get jobs, make sure to answer emails promptly and answer phone messages. If you keep people waiting for inquiries, or after service you will not get rehired.

Here is a list of companies that will hire new signers. But, the list was published a few years ago, and things have changed. These companies may or may not even still be in business.

Companies that will hire NEW signers!

Here is our general list of signing companies with reviews
http://www.123notary.com/signco.asp

Visit our forum where you can read about signing companies and more
http://www.123notary.com/forum/default.asp

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December 17, 2018

Beginner Notaries 103 — Marketing Your Services

Filed under: Technical & Legal — admin @ 12:49 pm

Chapter 3: Marketing Your Services
Return to table of contents – Beginner Notaries 103

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123notary created a popular marketing course called Notary Marketing 102. I highly recommend you read this course from beginning to end. To summarize marketing for newer Notaries, you have to be aware of several things you must do.

1. You need to make your listing on 123notary look complete. This means a thoroughly filled out notes section. Read articles in the “your notes section” category on our blog to learn the secrets. Find a way to get your clients to give you a few reviews. It is easier to get reviews from individuals than signing companies, especially if you email them a link. If you can pas our certification test that would really help too. People hiring notaries want “familiarity with the documents” and our certification test tests document knowledge among other things.

2. You need to have a basic knowledge of loan documents as I mentioned in the first point. Selling yourself without knowing anything will be counter productive.

3. You should really have a good sense of good Notary etiquette. This point is generally overlooked, but it is important if you want to get on the good side of companies.

4. You need to reach out to dozens of signing and title companies. It is not uncommon to get on the list of 200 companies.

5. You need to keep in touch with these companies too.

6. Please understand that companies have their favorite Notaries in each area, and when their favorite Notary loses their good graces with the company, they might need someone new. Companies do not like the idea of hiring someone new, especially if that person lacks experience and knowledge. So, you have to be willing to help them in a jam and jump when they say jump. If you do a good job and are nice, perhaps they will use you again. Try to think of how the hiring party thinks.

There are many articles to read on our blog. Here are the ones or the strings we recommend to newer Notaries.

Notary Marketing 102
http://blog.123notary.com/?p=19774

What is your monthly marketing plan?
http://blog.123notary.com/?p=9683

Which directories get the high paying signings?
http://blog.123notary.com/?p=19201

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

Articles about Marketing related topics on our Blog (string)
http://blog.123notary.com/?cat=34

Articles Specific to Marketing on our Blog (string)
http://blog.123notary.com/?cat=2073

Common Complaints we get about Notaries — read this so your marketing efforts don’t get sabotaged by bad work.
http://blog.123notary.com/?p=19399

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December 16, 2018

Beginner Notaries 103 — Chapter 2: Gaining Knowledge as a signing agent

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:46 pm

Gaining Knowledge as a Signing Agent
Return to Table of Contents – Beginner Notaries 103

As a new signing agent, there is actually a lot to know. First of all, a Notary Public is an individual who is commissioned by their state as a Notary Public. A Mobile Notary is one who is commissioned as a Notary Public who travels around. There is no official legal qualification to be a Mobile Notary or Signing Agent. It is just a specialization in the Notary field with an increased service offering.

To gain knowledge as a signing agent, 123notary has various courses out there. Some of the courses cost, while others are free. Here are the courses we recommend.

Notary Public 101
http://blog.123notary.com/?p=19493

Notary Marketing 102
http://blog.123notary.com/?p=19774

The 30 Point Course
http://blog.123notary.com/?p=14233

Signing Agent Best Practices 63 Points
http://blog.123notary.com/?p=4315

It is also not a bad idea to take courses from other venders such as Notary2Pro, Loan Signing System or NotaryClasses.com to learn from a different perspective. To be a good Notary, you need to be solid on Notary knowledge, loan documents, handling sticky situations, and marketing yourself. It is a lot to know, but we will teach you.

Additionally, it makes sense to try to earn our Elite Certification. Title companies who look for Notaries give our elite members a lot more work and somewhat higher pay. So, if you want to get ahead in this business, consider gaining some credentials from 123notary.com.

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Beginner Notaries 103 — What beginners need to know

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:44 pm

Return to Table of Contents – Beginner Notaries 103

As a beginner Notary, there is a lot you need to know. Many things that experienced Notaries take for granted might take you a year or two to find out. Here are some quick pointers that might be valuable.

1. Your Listing’s Performance.
Listings on 123notary for new Notaries can give you miracle performance. However, no matter how much you pay for a listing on 123notary, the listing will not perform well unless you have a good notes section, reviews, and it helps a lot if you are 123notary certified (especially for newer Notaries.)

2. Your Profile’s Notes Section
Listings that lack a good notes section typically get ignored as that is the first piece of information that companies look for when they are hiring. If your notes are blank, short, or incomplete, your incoming phone log from companies will be equally blank. People want to get a sense of who you are, your professional background, and your skills before they invest in a phone call. Additionally, notes sections with spelling or grammar mistakes will be a huge issue for title companies who will bypass you if they have any cause for concern. 123notary’s blog has an entire section on how to write a great notes section with dozens of unique articles.

3. Notary Reviews
Reviews are your ticket to success. Never mind how great you say you are, talk is cheap if you are complimenting yourself. But, what your customers, especially title companies say about you really matters to those thinking of hiring you. 123notary has many articles about how to get reviews, so I suggest becoming an expert on the topic.

4. Reading Suggestions
Notaries should ideally read Notary blogs, forums, visit the NNA & 123notary Facebook groups (but not the private groups), newsletters, courses, handbooks, and anything else that could be considered helpful. Getting Notary advice from semi-unemployed Notaries who frequent Facebook is a very poor idea. Get your official Notary advice only from your state Notary division and no other source otherwise you might be very sorry.

Smart Notaries and dumb notaries alike realize that they need to spend time reading to keep up. Smart Notaries get courses from helpful companies and improve their skill sets. Smart Notaries also read what other Notaries say about various signing companies as some signing companies are not the best bet to work for. Dumb Notaries spend their time gossiping with other disgruntled Notaries on various private Facebook groups that generally engage in a lot of complaining and bashing. These dumb Notaries are also dumb enough to get Notary advice from Notaries on these groups who don’t know what they are doing. It is a perfect example of what Jesus said about the blind leading the blind. Get your notary advice from your state notary division. If you get any notary advice from any other source, cross check it with your state. We teach general notary concepts here at 123notary, but we cannot say with any certainty of our principles apply to your state.

5. Experience Counts
Signing and especially Title companies typically do not want to hire someone with less than two years of experience unless they are confident about that person’s knowledge. If you have an escrow background or are certified by 123notary, that will help compensate for your lack of experience. Knowing your documents inside out will help as well which would be a side effect of our certification.

6. Low-Ball Signing Companies
Companies that hire newer signing agents are generally not fun to work for. They require fax backs, micromanage, pay poorly and might nag you a lot. They have to, otherwise they would not be able to hire beginners and provide a high level of accuracy to their clients. So, expect to be treated like a child. Once you get some experience under your belt, you might be able to start accumulating title company clients little by little. On our blog we publish a list of companies that will hire beginners. You should talk to every company on that list.

7. Getting Title Company Work
Migrating from signing companies to working for title companies (who usually pay more, but how much more depends on how the industry is doing) is something people do as they gain experience, knowledge and skill. However, most Notaries cannot work purely for title companies after two years. It sometimes takes many more years before all of your clients are high paying wonderful clients who you love working for. So, there will be a lot of paying your dues.

8. Notary Etiquette
Most Notaries do not have good phone answering skills, nor do they have good communication skills. Having good Notary etiquette and good business skills can help you succeed. If your business skills are not completely up to par, it might be good to read our articles about etiquette and brush up. Answering the phone stating your name is a first. Answering questions the way they were asked without rambling on and on matters too. Accepting instruction from others and not engaging in bragging or whining matters a lot as well. Good etiquette will make you popular with all parties.

9. Notary Education
All Notaries need to study up and be experts at their state’s notary laws. But, knowing how to handle situations, and knowing your documents matters just as much. Reading blogs is a good way to keep informed, but there is no substitute for taking actual classes. For newer Notaries, passing our certification test is a great way to gain credibility as well.

10. Risks and Liability
It is risky being a Notary. 15% of our long term full-time Notaries have been to court at least once generally as a witness. A few Notaries even get sued or end up in legal trouble that can cost them big bucks. It behooves you to keep good records and follow Notary law to a T. Understanding Notary law is not enough. You need to know how to explain to clients what you can and cannot do as well as explain to a judge why you did what you did in a particular situation. One lady turned down a Notarization on correct grounds, got sued and lost because she could not communicate clearly to the judge what her reason was for declining the notarization. You also need to have direct communication with all signers and make sure people are aware of what they are signing, particularly if they are elderly. The Notary does not need to understand the documents, but the signers do, otherwise you might end up in court.

11. Your Attitude
Most Notaries have the attitude that they already know it all and there is nothing more that they need to know. Those who are NNA certified think of themselves as blessings to the industry. The fact is that those who have passed NNA’s test typically get very poor grades on our test. There is always more to learn in this business. It is best to stay open, assume that you do not know everything, and accept criticism from those in hiring capacities or those who run Notary agencies (like me.) You will be more popular with all parties involved if you are open to suggestion and take guidance from those who are a lot more experienced and knowledgeable than you are.

12. Advertising on 123notary.
Companies that pay well love 123notary. However, they typically only hire from the top of the list. If you are not in the top three or top five, you will probably only hear from companies that don’t pay that well. Top spots are not always available, so what should you do? Get the best spot you can, and then try to pass our certification, write a good notes section, and keep getting reviews. That way if a better spot opens up, I will be likely to give it to you rather than someone else. I give open spots to the most qualified member downline, so while you are waiting, try to work on your merit, so that you get the promotion!

13. Marketing Plan
Do you have a marketing plan? Many Notaries just wing it. That is not advisable. We suggest having a definitive, well thought out written plan. You can discuss that plan with others too for suggestions.

14. 123notary is here to help.
Smart Notaries come to us with questions, or ask for help with their notes section. We are here as a resource and much of our help is completely free. Dumb Notaries complain that we scrutinize them to maintain our standards, but smart Notaries take advantage of our free assistance. In the long run, which type of Notary do you think gets ahead?

15. Researching Signing Companies
Not all signing companies are good bets to work for. Read about them in the various forums to get more info. Additionally, Notary Rotary has something called Signing Central where you can look up ratings for the various signing companies. 123notary has a list of signing companies with reviews.

Good luck, and I hope you enjoy this short course.

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December 3, 2018

Compilation of posts about lawsuits & legal risks

Here are some posts about Notaries getting in legal trouble.

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

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

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

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

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Who is the authority at a notary signing?
http://blog.123notary.com/?p=20175

Don’t have unprotected notarizations!
http://blog.123notary.com/?p=19467

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

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You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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November 13, 2018

The Delaware Oath revisited

Filed under: Technical & Legal — Tags: , — admin @ 10:22 am

I have started asking questions that intentionally lead you into going off on an unnecessary and illogical tangent. Notaries go on tangents all the time. So, if I have multiple choice answers or questions that would lead an illogical person off track, I get to see who is on the ball and who is not. Here is a scenario that I ask about a lot.

An Affiant appears before a Notary and asks for an Oath on a document that says, “I live in Delaware.”
The Notary declined the job because the Notary is an Illinois Notary, and not a Delaware Notary. What did the Notary do wrong and what should the notary have done?

COMMON ANSWERS

1. The Notary should have checked the ID.
If you are going to decline a Notary job, checking ID will not help. If your state requires identification for Oaths (most if not all probably do although I don’t know that for a fact) then identify the person and keep a journal entry.

2. Just change the venue to Illinois.
The document has no venue. It just says, “I live in Delaware.” The word Delaware is part of a statement and not a venue. If your state requires a certificate for Oaths, the certificate would have a venue, but most states do not have certificates for Oaths. No certificate = no venue.

3. He should look up Delaware wording
There is no state specific wording for Oaths in any state that I have heard of. Check your handbook for a real answer as I am not educated in state notary law although I read ALL the handbooks from all states regularly. An Oath is just an Oath and the notary or signer have the freedom to word it and craft it as they see logical and appropriate.

4. He should use Illinois wording on the Oath.
Once again, you do have to follow the notary laws in your state regardless of where a document is going to be recorded or where the custodian of the document is located. However, the document is NOT a Delaware document. It is a document that has no location at all — it merely states that the Affiant lives in Delaware.

5. The Notary should say, “Do you solemnly swear that you live at such and such an address in Delaware so help you God?”
This Notary is adding content that is not on the document. You can’t do that. Just administer an Oath as to the content of the document.

6. Add a Jurat
In this question you are giving an Oath only if you follow instructions. Oaths do not have Jurats, but Jurats have Oaths or Affirmations. You were not given permission to add a Jurat either, and might be considered UPL to choose the Notary act on behalf of the Affiant.

7. Just give an Oath.
The correct answer is to just give an Oath based on the content of the document. There is no state specific wording necessary. You could say, “Do you solemnly swear that the contents of this document are true and correct?” Then the Affiant must say, “I do.”

This question is really an easy question that tests whether you do your job, or get sidetracked by inconsequential details. You would be surprised at how many notaries just cannot do their job the minute they get distracted by something tiny that throws them off.

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October 16, 2018

A guide to notarizing documents with blanks or multiple signatures

Filed under: Technical & Legal — admin @ 1:04 am

Don’t notarize documents with blanks!!!
That’s the end to the guide!

Dealing with Blanks
However, the main thing to understand is that as a Notary, you have many responsibilities. You have to identify people, keep a journal, staple things together, give Oaths, fill out certificates. You are so busy, that you might not have time to scan a document for blanks. But, you need to scan every single page.

If you spot a blank, you can put a diagonal or horizontal line through it. The main thing is to make sure that no new information is added to the document after the notarization.

You can also refuse to notarize and make the signer or document custodian complete the document before submitting it to the Notary.

Notarizing Individual Pages (or not)
Additionally you cannot notarize particular pages of a document separate from the document. Sometimes a particular page needs to be fixed or changed in a document and you might get a request to notarize just that page. You simply notarize the entire document as a whole.

Multiple Signatures
However, sometimes you get a document such as a health directive which has multiple notarizations within a very long document. I have seen health directives or living wills with fifty or more pages. Sometimes at a notarization you are notarizing signatures in the middle of the document as well as at the end of the document when the certificate is at the end of the document. I have also seen cases where there are multiple signatures in the middle of a document and a certificate in the middle of the document. This is confusing. Affidavit of Support forms have Jurats in the middle of the form too, and not enough room for your stamp (dumb government workers.)

The 1003 is a great example of a document with an entire page intentionally left blank. But, that is a signed document, not a notarized document.

The main point of this quick article is to remind you that you have to scan documents for blanks.

You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Affirmations – pleasing the politically correct while offending all others
http://blog.123notary.com/?p=19606

Five things a Notary must do
http://blog.123notary.com/?p=19583

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September 19, 2018

123notary’s quiz questions routinely accused of being state specific

Filed under: Technical & Legal — Tags: — admin @ 11:03 am

The people who accuse us of having state specific questions are never specific about which questions are state specific. Such ambiguity over specifics. We change our questions over time and questions are now based on Notary Public 101, and not a particular state. We don’t even cater to California rules when we are in California. We test on good practicies, NOT state specific practices. It is up to you to know your state rules and I’m sure you do … (or not).

Here are some questions that might seem state specifics.

1. Proof of Execution — state specific
This act is done in about 45 states which is almost all. However, Notaries never do this act in real life. I don’t even know which states don’t have it. Some call it a verification upon proof or some other similar name. I ask this question not because of its practicality but to see if you even read my materials before the quiz. I think it is a waste of everyone’s time to quiz when you didn’t study.

2. John Smith — NOT state specific
We ask this question about good old John as a prudency question and not a legal question. Is it prudent under the circumstances to notarize the signature John W Smith on a document when the ID says John Smith.Most Notaries cannot give a straight answer — they change the circumstances to asking the signer for another ID. That makes it a completely different question. Whether your state requires an exact name match or not, it is still NOT PRUDENT if you can’t a prove a person’s identity. That is the whole reason for having notaries in the first place.

3. Fixing Notary Certificates — state specific
This one is very important and definitely state specific. We ask a question that California Notaries are not allowed to do simply because the folks in the other states still need to be tested on this. How do you fix a wrong county on a certificate? In California you have to use a clean new form or redo the notarization. In other states you can cross out and initial, but don’t have the borrower initial a notary form. This is critical information here. Maryland does not allow the use of loose certificates, and Oregon does not allow the Notary to make any changes to certificates or even add new ones as that might be considered UPL the way they see it in the drizzly state. Food for thought.

4. FBI Thumbprint Question — NOT state specific
If the FBI shows up on your doorstep investigating a notarization you did involving a fake ID, your fake info in your journal won’t cut it even if your state doesn’t require or permit thumbprints. The FBI is federal and has some bad guys to catch. They want a thumbprint whether your state allows you to have it or not. This is a Federal specific question as the FBI is federal and doesn’t care about your petty state rules. This question is NOT state specific because it does not ask what your state wants or allows or permits.

5. Journals – sounds state specific, but not the way we ask it.
Many states don’t require a journal, so my journal questions are not based on state rules, but on the rules of prudency which are universal. Your journal is your only evidence in court of what happened at a notarization. Not keeping one is like not wearing a seat belt on the freeway. Eventually something will happen and there will be injuries. This is a good practices question and once again NOT state specific.

6. Oaths & Affirmations – not state specific, but…
Oaths & Affirmations Universal — like God himself. But, the 2018 California Notary manual no longer has a set fee if you do these as separate acts not connected to a deposition or jurat. Hmm. So, you can do these acts in California, but what would you charge?

If you have been asked any other annoying questions by us which you feel are state specific, please mention them in the comments section clearly and please be to the point without any tangents so that the readers can get to the point. And once again, none of our questions are based on California practices, but are based on best practices (which often overlap with what California practices are — but not always.)

You might also like:

Notary quiz of the day
http://blog.123notary.com/?p=21266

Fixing certificates is a state specific nightmarish scenario
http://blog.123notary.com/?p=21083

Thanks

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September 11, 2018

Logic errors can cost you as a Notary

Many of the mistakes that Notaries make are logic errors. Not being a logical person, or having a low IQ are dangerous in the Notary profession. I believe that state Notary divisions should require an IQ of 95 minimum simply because the misapplication of rules often happens because of incompetent or sloppy thinking. Additionally, not being meticulous can really cost you and your clients as a Notary. Missing items on forms, or missing items when you check forms can lead to court cases. One wrong number or one missing initial can ruin a loan. It is not safe being a Notary unless you are a very cautious and logical person. Let me elaborate how an illogical Notary can get in trouble.

1. Additional Information Sections in Loose Acknowledgements.
The illogical notary says, “This is not legally required, therefore I will not fill it out.” Unfortunately, a fraud can switch the acknowledgment from the document it was supposed to be on to another document signed by the same person which was not “notarized” and get away with it. The reason being that the Loose Acknowledgment was not labeled as to which document it belonged to.

The optional additional information section goes over the document name, document date, number of pages, other signers, capacities, and perhaps more. With all of that specific information, it would make it difficult but not impossible to find another similar document to swap the certificate to. If you want to be even more cautious like me, get a secondary embosser seal that leaves a raised impression and emboss all of the pages in everything you notarize. Then, if someone swaps pages or an Acknowledgment, it would be easy to catch the fraudulent act.

2. Not stapling forms together
If you do not affix, attach, or staple an Acknowledgment form to a document, or if you do not staple the document together, it is easy to swap pages after the notarization is complete. Swapping pages is illegal and unethical and dangerous, so you want to prevent this from happening. In California, not stapling Acknowledgments to documents is also illegal. An illogical person would not see the necessity of stapling forms as they do not bother to think of the reason why they should be doing it and what can go wrong if they don’t. Yet another reason why illogical people should not be Notaries.

3. The John Smith Dilemma
When I ask dumb Notaries this question, they normally get it wrong which is dangerous as you can end up in court for screwing this up regularly.

If the ID says John Smith, but the signature on the document says John W Smith, would it be prudent to notarize the signature under the circumstances.

The most common answers include:
You can always over sign — this is a title rule and not a legal rule. The legal rule is that you must prove a signer’s name/identity in order to notarize them. The meaning of “you can always over sign” means that if the name inscribed in the signature section of a document says John Smith, but the signer wants to sign John W Smith, that Title will not mind. Although in real life that is a matter of preference and Title might mind.
Just ask for another ID — once again, another illogical answer. Of course you can always ask for another ID, but in this circumstance there is no other ID. Having a second ID would be a different circumstance, and not the one mentioned. Additionally, in a yes/no question, you need to give a yes/no answer otherwise you are not being logical and also not proving you know the answer to the question which is NO.
The longer not shorter rule — this is not a rule and can easily be reversed. Never memorize a rule that can be reversed. The ID can be matching but longer than the name notarized. But, the ID cannot just be longer. The signature notarized can never be longer than the ID if you follow prudent procedure although some states have wishy-washy identification rules and might allow this.

My logical answer is that the ID must prove the name you are going to notarize the signer under. The ID can be matching but longer than the signature on the document, but not unmatching or shorter.

4. Understanding basic notary acts
You could get in trouble for not understanding basic notary acts. If a client asks if you can notarize an Acknowledgment when they ALREADY signed the document, most Notaries would say no. However, almost all states do not require the signer to sign in the presence of the Notary, but only to Acknowledge in the presence of the Notary — a distinction an illogical person often cannot make. So, by not understanding the rules, you will deny a valid request for notarization which is by definition — illegal. Many Notaries deny legal requests all day long and then accept illegal requests because they are completely ignorant of Notary law and procedure which describes most of the Notaries on our site which is appalling.

5. Omitting or scrambling required Oaths & Affirmations
The illogical Notary doesn’t realize that Oaths are administered in all states by Notaries and that they are required for Jurats. The illogical Notary makes the following mistakes.

Omitting the Oath / Affirmation — It can be considered a felony of perjury to omit an Oath when you filled out a paper stating that an Oath was taken. Yet many Notaries are completely unaware that they need to administer Oaths and don’t even care until they get busted and have their commission revoked which doesn’t happen very often.
Giving an Affirmation instead of an Oath — Many Notaries who were asked to give an Oath used the word affirm because they don’t like the idea of swearing. That constitutes choosing the Notary act for the signer which is not allowed. The signer decides if they want an Oath or Affirmation, so you should probably ask if the law allows for either or.
Giving an Oath as to the identity of the signer — if you are giving an Oath about a document, having the signer swear their name is John Smith does not constitute an Oath about the document unless the document says, “My name is John Smith.” An Oath is incomplete or not administered unless it is topical to the subject matter. An Oath for a document should be regarding the truthfulness of the document.
Giving an Oath regarding that the signer signed the document — once again, by law a Jurat signature must be signed in the presence of the Notary, and the Oath should be about the truthfulness of the document and not whether they signed it.
Unique state laws — if your state requires more than just swearing that the document is correct, then by all means, fulfill your state requirements which we know nothing about here at 123notary. However, if you fulfill the other state requirements, but don’t administer an Oath regarding the truthfulness of the document and I caught you as a judge or notary division worker — your commission would be revoked on the first offense as that is perjury and undermines the integrity of the Notary profession and society.

In short, being illogical as a Notary can not only cost Title companies thousands and get you fired, or sued. Being illogical as a Notary can even get you jail sentence of up to five years for perjury which is a federal law which has no regard to the particular laws of your particular state. So, learn to be a correct Notary and keep in touch with your Notary division so you don’t goof on anything.

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You might also like:

5 books every notary should own and read
http://blog.123notary.com/?p=3668

Oaths — how Notaries completely screw them up!
http://blog.123notary.com/?p=19369

The grace period after your signing
http://blog.123notary.com/?p=19465

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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