(7) Signing Agent Articles Archives - Page 19 of 28 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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October 18, 2013

Cross Out and Initial

Cross out and initial

What if you are in the notary business and you just made a mistake, or someone else made a mistake in a document. Simple, just cross out and initial, right? Maybe not. Putting aside the questionability of the legitimacy of a document with cross-outs, the future document custodian might not like cross-outs.

Picture yourself as a lender. You are having a loan signed, so you can sell the loan to yet another bank. That other bank doesn’t like it when people cross out and initial information on their loan documents. It looks sloppy and unprofessional to them. So, as a notary, what do you do when there is a problem with a document? You ask your contact person what they want to do.

They can either redraw the document at great expense, coerce the borrower to sign the document “as is”, or have you cross out and initial. Let your contact person make the decision so they get in trouble — not you!

Redrawing documents means that you will have to wait for the new documents to be typed up, sent via email or FedEx, and then you need to make a new appointment with the borrower on a subsequent date.

You might also like:

The 30 point course section on cross-outs
http://blog.123notary.com/?p=14406

Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Industry standards in the notary business (covers cross outs, initialing, and more)
http://blog.123notary.com/?p=4370

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October 8, 2013

Interview with Title Source

Me: “Many of our notaries like working with you. Can you tell me why? What do you do that is so good?”

Zee: “Notaries are intrigued by our system, our technology. We try to put it in order in our edocs. About 95% of our closings will require notaries to print out. We get things done in a timely manner. Our website is easy to logon to and provide a service. We also try to give notaries work within their area– within 20 miles.

I do instruct notaries that they can contact our scheduling team and get them to the lender as needed if there is an issue at a closing. Someone is always available. I do ask notaries not to discuss any specifics of docs with our scheduling team.

We give notaries a score 1.5 to 3.5. 1.0 is the best. If they earn a good score they get more work or a raise. Their score includes completion time–including dropping the package at FedEx; quality of work: if there is a signature missing, that would be a defect. Confirmation-turn time is also important. The fee they charge is also part of that. A good fee for us is $65, and another $20 for edocs. A refi might be $90. I pay my national companies $125 for a signing; I would also pay that to a good notary. I have to have a loan assigned to a notary within 2 hours. I let the notary tell me what fee they want. I can’t guarantee them they will get many orders at, say, $125. But if I build you a profile today, I will put you at the top of the page. Our site will help you build your profile. There is no fee to do that. We call those who say $85 before those who say $125.

When we look on 123notary we may look by zip code or by city, but lately we are limiting the notaries to those who are NNA or Lexis-Nexis background screened. Those background screenings are the best.

We give instruction sheets. If there is something specific the client wants, we put it on the instructions.

We usually do not hire notaries who have fewer than 2 years of experience (fewer than 500 loans). We absolutely would hire a new notary with experience in a financial area. Any experience with the mortgage industry. Sometime real estate people have good experience. We close loans all over the country. We have a quiz or test that we give first if a notary wants to sign up– about 10 questions. You have to listen to something before– various questions about situations: they look at a video (2-3 minutes) and then answer questions. They have to get all the questions right. ”

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You might also like:

Interview with Timios Title
http://blog.123notary.com/?p=6718

Interview with a Title Company
http://blog.123notary.com/?p=3724

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September 3, 2013

Notary For Minor — Notarizing Children

Have you ever been requested to do a notarization for a minor? Doing a notary for a minor is unusual, and notaries don’t always know what to do. A signature of a minor is not legally binding, but that doesn’t prevent you from notarizing their signatures. If you are notarizing a minor, take the same steps you would take notarizing anyone else. But, take one extra precaution in your paperwork — indicate the age of the signer in your journal, and perhaps on the document so there is a record after the fact! Remember, the purpose of a notary public is to keep accurate and complete paperwork on signatures / transactions so they can be queried after the fact. The exact rules for how you do your documentation vary from state to state, and country to country — but the basic purpose of a notary public worldwide is still identical.

The next problem you might encounter when notarizing a minor is that they don’t always have photo identification. If there is no ID, then without credible witnesses, you can not identify them properly for the notarization. Not all states allow the use of credible identifying witnesses, so learn your state rules on the matter. Identifying a minor is not always possible, so just do your best.

The most important thing to understand when doing a notarization for a minor is not to panic. Just follow procedure and make special notations in your journal about whatever is unusual about the signing — especially the fact that the signer is under 18 years of age!

You might also like:

Notarizing for a minor – identification!
http://blog.123notary.com/?p=6969

Rules for notarizing minors
http://blog.123notary.com/?p=2362

Notary Public 101 – identification
http://blog.123notary.com/?p=19507

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September 2, 2013

Notary Perjury and Oaths

Notary Perjury

What is Notary perjury? Is that when a notary lies under Oath or when an Affiant lies under Oath to a Notary Public or other state official? In real life there is no such thing as Notary perjury — there is only regular perjury. Don’t get caught lying under Oath — tell the truth!

Penalty of perjury
If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. Lying under Oath is a Felony and Federal crime punishable by jail time of up to five years. The problem is that Notary Oaths are not always very clear. The Notary might have you swear to a document, but what are you actually swearing to? Are you swearing that the document is true, or that you will follow the terms in the document, or both?

What types of things do people lie about?
People might lie about what their legal name is. Sometimes people want to use an alias. Sometimes the name a person has on the Title of a property might not exactly match the name on their identification document which could cause a lot of confusion and legal issues. Another common lie that I might have been told for years (no evidence either way) is on the Occupancy Affidavit. Borrowers can get a discounted interest rate if they claim to live in the building (house) they are borrowing on. The Occupancy Affidavit makes that borrowers swear that they are residing in the property as their primary residence. But, it is common for borrowers to lie and be using the property as an investment property or second home — an example of “Notary perjury”.

People don’t always take the Oath seriously
My biggest objection to being a notary was that people didn’t take Oaths seriously. I sometimes had to ask people multiple times to raise their right hand all the way up — no, not two inches up — all the way up. Mumbling an inaudible “yes” just doesn’t cut it with me. I think that as a Notary Public, you should remind your Affiants of how serious and formal the Oath actually is. I would also tend to think that your Oath takers will be more likely to tell the truth if they are aware of how serious an Oath is and if they are aware of how they could be subject to penalties of perjury should they lie. I have never heard of anyone being punished for lying under Oath to a notary. I have only heard of people getting in trouble for fraud. But, keep people honest in any case! Being a Notary Public is a serious profession that protects the integrity of signatures and society!

You might also like:

Can a Notary get in trouble?
http://blog.123notary.com/?p=21429

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

When are you required by law to give Oaths as a Notary?
http://blog.123notary.com/?p=21017

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August 16, 2013

Notary Fines & Notary Penalties (gulp)

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

You might also like:

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

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July 19, 2013

Interview with a Title Company

We recently had the opportunity to speak with a seasoned escrow & title officer at a reputable title company that hires the very best notaries from 123notary. He had a number of interesting things to say about how the escrow-title-mortgage industry works, why those darn documents are sometimes late, and what a title company looks for in a notary.

Q. What is the need for a title company? When and how did the current system come about?

A. Before W.W. II, there was only an abstract about a property that you could get. The problem was, this abstract did not insure the results. As sales became more complex, they needed to find a way to remedy this. Title insurance guarantees that, if someone else owns the title to your property and you cannot obtain that title, you get all of your money back. So say you buy a property from a man, but it is actually owned by his sister, to whom it was given in a will. If you cannot obtain title, title insurance guarantees that you will get back all of your money–because the property wasn’t legally yours. The escrow company is the one that does the financials for the lender and sets up the closing, and the title company is hired by the realtors and builders. However, the states have set up the system differently. Some states have companies that do both the title and escrow work, and in some states these companies are separate.

Q. There seem to be a number of hands in the pie: lenders, title companies, escrow, signing companies. How does it actually work?

A. The top of the feeding chain is the realtor. He (or she) finds the lender and the title company. Some lenders want to work with certain title companies, even if the buyer wants to work with a certain one. Each state has its own laws governing real estate. In some states, a seller can use one title company and the buyer can choose another. So there’s lots of work for notaries. The escrow or title company must choose a notary who works in the state where the property is being sold. Since there is no national certification for notaries, the title company has to have a list of good notaries in each state, and in each area of the state. We are constantly looking for the very best notaries. The notary works for the title company or the escrow company. The lender sends docs to the title company (or escrow company, depending on how the state laws are set up). Escrow handles the closing; Title prepares the settlement statement.

Q. Notaries constantly have to deal with late documents. Why are the documents late or full of errors, and how do you personally help notaries avoid this problem?

A. Ninety-nine percent of the time, late documents are the fault of the lender. However, getting a loan is a group effort, and it’s really hard to point a finger at any one person. The lender did not realize, for instance, that something was missing. Maybe the borrower didn’t provide the lender with tax returns in a timely manner, for instance; there could be several pieces of information that were found missing. The loan officer is more or less responsible for the processing of the loan.

Q. What is the training and education you need in order to be a loan officer, and how much does he/ she get paid to do the job?

A. The loan officer is trained on the job. He/she is not required to have a college degree–or even a high school degree. Of course, most do have such degrees. The loan officer might have started as a loan processor, or an accountant. A loan officer is well paid, and can make as much as a million dollars a year! I know one who does 42 closings a month. The loan officer is paid a percentage of the origination fee. Most lenders (banks) have a retail and a wholesale division. The wholesale division buys loans from mortgage brokers. A mortgage broker can do a loan in one month; a bank takes longer to do a loan. They don’t have enough employees, and maybe not enough good ones. These same employees can make much more money working for a mortgage broker, and lenders often lose good employees. This may have something to do with the errors that frequently appear on the documents from lenders.

Q. On the other hand, what kinds of errors do notaries make that are a problem for you?
A. The notary may miss a date or a signature. I put an X by every place I want signed. You can’t miss these. If a notary makes even one error, no matter what that is, I will never call that notary again.

Q. What about late documents? These can really mess up the notary’s appointments and affect income. If the notary is working for you (the title company), and you know the docs are coming in late from the lender…

A. I won’t call a notary until I have the documents; some title companies are different, and have notaries waiting and waiting. In fact, if I don’t have the documents, and cause a notary to change his/ her schedule, I think the notary has a right to charge me for the extra time and inconvenience.

Q. Now all our notaries are saying, “We like this guy!” What do you look for in a notary? What influences your decision to hire one or to not ever hire the notary again?

A. When I need a notary, the first place I look is 123notary. I look at the notary’s service area, background (profile), reviews, equipment, and hours. We also cannot hire notaries who do not answer their phones, of course. I am looking for experience. If a notary has years of experience, but has zero reviews, that’s a bit odd. I mean solid reviews that are specific, genuine, and obviously well written. It matters. It shows effort. Look at the top New York notaries’ reviews on 123 notary, for example. To any notary looking for work from a title company, I’d say, “Get listed on 123notary. That’s where I’m going to go.”

You might also like:

Interview with a veteran notary
http://blog.123notary.com/?p=6851

Interview with Timios Title
http://blog.123notary.com/?p=6718

Interview with Title Source
http://blog.123notary.com/?p=6553

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June 20, 2013

Optional info on Acknowledgment Certificate

So, you are a notary? But:

(1) Do you fill out your certificates thoroughly?

(2) Do you know what the optional or additional information section of the acknowledgment certificate is?

(3) Do you know what a certificate is?

(4) Do you know what the Acknowledgment wording is in your state?

(5) Do you cross out the his/her/their or (s) in capacity(s)?

Most notaries don’t do their cross outs which is illegal to skip. And the Secretary of State is too busy to catch up with all of the notaries in their respective state.

What is in the optional information section, and should it be optional?
(1) Number of pages in the document

(2) Document name

(3) Document date

(4) Capacity of signer

(5) Other signers who signed the document but, were not notarized on that notarization

(6) Right thumbprint of signer

Why is this important?
There are a lot of frauds out there. California law requires notaries to STAPLE (legally, the word used is attach) the notary certificate to the corresponding document. But, do you know how many people detach the staple? Title companies complained about my staples because they detached everything I stapled. They are inviting fraud if you ask me. It looks tampered with if they detach documents. Very sketchy. If I were the Secretary of State, I would investigate anyone who unstapled a notary document and might have them arrested for suspected fraud!

If a fraud wants to take an Acknowledgment OFF one document and attach it to another, it will be hard work if the optional information is all filled out. The number of pages would have to measure up. The document date would need to correspond. The Document name would have to be consistent as well. Most frauds would have not go that far, and might make a mistake matching all of the statistics since they were not trained well (probably). But, imagine if you submit an Acknowledgment certificate that has none of this information? You could conceivably reattach it to ANY document that the signer signed — an invitation for others to commit fraud.

Therefor, I believe that it should be required by law in all states to fill in the optional information section — hence renaming it the required additional information section. Be square and deter fraud today!

You might also like:

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Acknowledgment FAQ
http://blog.123notary.com/?p=21331

Basic Notary Acts — Acknowledgments
http://blog.123notary.com/?p=19500

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May 17, 2013

Why do I have to sign with my middle initial?

Filed under: SEO,Signing Tips — admin @ 11:03 pm

Do you get asked this question?

If your name on Title has your middle initial, is that the reason? I think so. But, what if your drivers license doesn’t have your middle initial? Then, you can not prudently be notarized with your middle initial. When signing loan documents, if you don’t sign exactly how your name is typed in the signature section, then you probably won’t get your loan. So, inconsistent middle initials can create an issue.

But, as notaries, you need to watch your signers carefully. Remember, you are there to babysit the signers. Unfortunately, most notaries are so unprofessional that they need to be babysat as well. But, you should know what you are doing.

At a signing, you should tell the borrowers exactly how they are to sign and have them practice on a piece of paper that is not part of their loan. Watch them. Make sure they don’t leave out any initials and make sure they sign using the applicable name variation.

Good luck

You might also like:

Initialing tutorial: Industry standards in the notary business
http://blog.123notary.com/?p=4370

The man who wouldn’t use his middle initial
http://blog.123notary.com/?p=4040

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

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

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

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

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May 3, 2013

Find a Notary — one who provides late night 24 hour service

I was thinking about this today. Everybody needs to sleep. In our search results for 24 hour notaries, we should document when their black hours are. Everybody sleeps sometime — even if it is during odd hours. If they are sleeping, then maybe another 24 hour notary would be a better candidate for a particular job. Some people go to sleep at 4am and wake at 8am, and they would be perfect for a 2am job. Don’t you think?

But, 123notary has tons of 24 hour notaries in our search results. Use the Find a Notary Public Search page to find these people. Roughy 25% of all of our 7000 notaries on the site provide 24 hour service (or claim to). This can be a real life saver.

The tricky part is that not all of these notaries are “real” 24 hour notaries. Some don’t answer the phone after hours, or even during business hours. So, how do you know which of our 24 hour notaries are real ones? Surprisingly, I have called many of these notaries myself and the MAJORITY do answer the phone late at night, even after midnight. Keep calling until you find one who can accommodate your job.

24 hour notaries are often used for last minute travel documents, hospital signings, airport signings, and loan signings for people who work unusual shifts. I did a loan signing at 2am for someone who got out of work at midnight. A bit unusual, but there was no traffic, and my client was very nice. It worked well.

Find a 24 hour notary public on 123notary.com on our Find a Notary page. Good luck!

You might also like:

Ideas for names for 24 hour Notary businesses
http://blog.123notary.com/?p=19062

Hospital notarization issues (string)
http://blog.123notary.com/?s=hospital

Names for Notary businesses that can get you in trouble.
http://blog.123notary.com/?p=19064

The 24 hour icon and what it means
http://blog.123notary.com/?p=19455

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April 30, 2013

Help, I’m being sued, and E&O won’t help

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

You might also like:

Protect yourself with a contract
http://blog.123notary.com/?p=2593

Do I need $1 million E&O insurance to get more notary business?
http://blog.123notary.com/?p=20183

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