(7) Signing Agent Articles Archives - Page 22 of 28 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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February 23, 2012

Rules for Notarizing Minors

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

Rules for notarizing minors 

You can notarize the signature of a minor, however, their signature is not legally binding since they are under age. The minor still needs to be positively identified, so they need an identification document of some sort that is current, government issued, has a photo, physical description, signature, serial number, and expiration date.   It is prudent to document in your journal, and on the document the age and possibly the date of birth of the signer, so everybody reading the paperwork will immediately be aware that the person is under age.  Rules for notarizing  minors could vary state by state, so please ask your state notary division what their recommendations are.

It would also be prudent to take a journal thumbprint of the signer unless your state discourages such an action (such as perhaps Texas and Florida).

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You might also like:

Notarizing children
http://blog.123notary.com/?p=6947

Identification for being notarized
http://blog.123notary.com/?p=19507

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February 13, 2012

Certified Signing Agent – what does it mean?

Filed under: General Articles — Tags: , , , , , , — admin @ 6:52 am

There are different signing certifications out there.  There are NNA certified signers, 123notary certified signing agents, and many other agencies have a similar type of test and certification.  But, what does it all mean? 
 
NNA certification is famous, and people think that they are a government agency.  You can learn a lot from the NNA certification process. It is a good use of your time.  My personal opinion is that the test covers much more information than you will ever be able or authorized to use, and that it lacks focus as a result.  I feel it is better to focus on what you will be using daily and to be good at it which is a daunting task for most notaries — believe it or not!
 
123notary’s certified signing agent process
Most NNA certified signers do not want to take another test, and they don’t take ours seriously.  What they fail to realize is that they should not take the test because they like our test.  They should take our test because the visitors to 123notary WILL NOT HIRE THEM as a first choice unless they are certified by us.  Our test is short, not expensive, and to the point.  It is also timed which makes it less popular with the notaries.  A timed test is harder to pass, and that means that you really have to know your stuff and be able to function under pressure.  Most of us can not function under regular circumstances and fall apart under pressure. This is how we separate the ladies from the girls, etc.
 
History of the 123notary certification test
We used to give the test over the phone.  We didn’t have money or technology in those days.  Notaries would say, “Ummmm, ahmmm, I know this”, and think for two minutes when we asked them simple questions about what information is where.  If you have to spend long amounts of time thinking in front of a borrower, they will think that you are an unprofessional idiot, and they will be right.  If you can pass our timed test, that proves that you are motivated, smart, can think under pressure, have a little bit of money, and know your basics.  Passing our test doesn’t mean that you know the subtleties of the profession, but most notaries have enough trouble with the basics which is why we place very little emphasis on the more sophisticated points.
 
Whose test do I take?
Want to be a loan signing agent?  You need marketing.  If you want to advertise with the NNA, then pass their test. If you want to advertise with 123notary, then pass our test.  Get certified by whichever agency you plan to be with — on their jurisdiction (their site).  It is similar to different state laws.  If you are in Ohio, get commissioned by the Ohio notary division, and if you are in Montana, then get commissioned by the Montana notary division.  Don’t tell the Montana notary department that you are ALREADY certified by Ohio, because they don’t want to hear that.

 123notary certified loan signing agents get 3x the business
We tell our clients that they will get 3x the business if they get certified by us.  Our statistics demonstrate this fact.  The smarter notaries get with the program and just do what is necessary, but we get a bunch of arguers who want to spend two hours convincing me that they don’t need the test.  Don’t tell me — tell the hundreds of visitors to our site who refused to call you because you don’t have the certification icon next to your name!

You might also like:

123notary certification gets you more clicks
http://blog.123notary.com/?p=22496

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Compilation of certification posts
http://blog.123notary.com/?p=16264
 

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February 9, 2012

Notary Business Names

Filed under: Business Tips — Tags: , , , , , — admin @ 9:55 am

Notaries often ask me, should I use a business name?  Do notaries need to register as a business?  Does a notary public have to get a business license? The answer is yes.  Any business, including a home-based notary business needs a business license, otherwise, you might be operating illegally. For a notary to get a business license is not hard, just contact your county clerk’s county recorder office and ask them what the procedure is.  It is generally under $200 and the paperwork is not difficult.  Getting a fictitious business name for your notary business can also be the prerequisite to getting a bank account with your company name on it!
 
But, what to name your notary business? Too many notary businesses have similar sounding names, and they all become one big blur.  We wrote a blog entry all about signing company names which sound similar which is a fun blog entry to read.
 
Yellow Page Names
It is common for notaries advertising in the yellow pages to want to show up at the beginning of their section.  Names like A1 Notary, AAA Mobile Notary, AAAA Traveling Notary, and Aardvark Notary are common. Unfortunately, your clueless customers will get mad when you are not the auto club and tell you to change your name!!!  It happened to me, I know.
 
Glamour Names
Then, there are those who want the glamourous names like Royal Notary, Elite Notary, On Time Notary, and other vanity names.  You could capitize on a character trait such as Integrity Notary, Rapid Notary, or Honest Notary.

 Geographic Names
Geographic names are very good for website optimization.  If your business name is Glendora Mobile Notary Service, then your website will show up very well for local keywords. 
 
 
Personal Names
We have one client who’s business name is Ellen the Notary.  That is easy to remember and very personable too!  Johnson’s Traveling Notary is another example of a personal type of a notary business name. Sam’s Meandering Notary is yet another.

 Unique Names
But, what about more unique sounding names?  I generally recommend either geographically recognizable business names or unique ones. A confusion between your business and some other business with a bad reputation can be crippling!  If it were me, I would really put a few weeks of brainstorming and asking your friends to find that perfect name for your notary business. After you have narrowed it down to a few names, reflect carefully to select the ideal name as you will be stuck with it for a very long time!
 
You might also like:

Compilation of posts about Notary business names
http://blog.123notary.com/?p=21760

Comedic slogans for Notaries listed on our site
http://blog.123notary.com/?p=20410
 
Deceptive identities – Signing Companies with Similar Names

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Business cards for mobile notaries
http://blog.123notary.com/?p=36

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February 8, 2012

Can a notary notarize a birth certificate?

Filed under: Legal Issues,Popular on Facebook (comments),Popular on Facebook (very),Popular Overall 2012,SEO,Technical & Legal,Ultra-Popular — Tags: , , , , , , , , , , — admin @ 9:51 am

Can a notary notarize a copy of a birth certificate? 

Notaries are advised to stay away from notarizing copies of vital records including birth certificates, marriage certificates, and death certificates.  The state and/or county clerks are in charge of vital records.  Just politely decline when asked to notarize a signature on a birth certificate.  These types of vital records must be certified by the county clerk in the corresponding county.
 
No place to sign!
Additionally, there is no place for a signer to sign on a birth certificate, so how can you notarize a document without a signature?  Conceivably, you could draw up an Affidavit that claims that the copy is a true and complete copy of the original birth certificate.  The signer could sign that affidavit, and you could notarize the signature on the affidavit and give them a quick oath. But, this is not legal in many states in conjunction with a birth certificate.

 What should a notary do?
As a notary, you should know the name of the document that is to be notarized BEFORE you get in your car.  Imagine driving 45 minutes in traffic only to find out that you are going to be asked to notarize a birth certificate. Have fun getting your travel fee in that case when you tell the client, “no can do”. 
 
Fetal Death Certificates?
I never knew this existed until I read someone’s reply to a forum post about notarizing (or not notarizing) birth certificates.  I never knew there was such thing as a fetal death certificate.  How can you give a certificate to someone who has not yet been named?  Do souls have an SKU number?  Was the fetus mature enough to have been infused with a soul yet?  When you study spirituality, you start asking questions like this!  On a brighter note, the fetus will be reincarnated, and won’t suffer much according to a colleague who specializes in past life regression!
 
Refer them to an Attorney
When asked to do questionable or illegal acts, just refer your client to an Attorney so that they can get a professional answer.
 
 
You might also like:
 
Can I notarize a birth certificate – forum discussion http://www.123notary.com/forum/topic.asp?TOPIC_ID=3924

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

The chicken & egg: Birth Certificate problem solved
http://blog.123notary.com/?p=3474

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February 3, 2012

Must a thumbprint accompany a notarized document?

Filed under: Legal Issues,SEO,Technical & Legal — Tags: , — admin @ 9:38 am

Must a thumbprint accompany a notarized document? 

To deter fraud in notarizing, thumbprints are sometimes required by law in certain states, but are always a good idea.  California notary law stipulates that the notary must take a journal thumbprint when notarizing signatures on powers of attorney or deeds effecting real property such as Grant Deeds, Quit Claim Deeds, Mortgages, Subordination Agreements, etc.   Other states have their own rules.  Texas has some rules restricting the use of thumbprints, but I don’t know enough about those restrictions to comment.
 
Prevent fraud
As a general rule, if the notary public you use takes a journal thumbprint (many do not bother with this or even own a thumbprinting pad), you have more security.  The thumbprint is proof that nobody faked an ID and pretended to be you, or forged your signature.
 
Serious documents should have a thumbprint
If you are having a serious document notarized, you might ask ahead of time if the notary carries a thumbprinting pad.  They are two inches in diameter and weigh about half an ounce, so it is not a burden to the notary, assuming he/she is prudent about notarizing (that is assuming a lot).
 
Does the thumbprint go on the actual document?
I have never heard of a procedure which requires a thumbprint on an actual document, but it is not a bad idea. You could neatly put it to the right of a signature and document which thumb was used from which individual.  If you are missing a thumb, you can use the other thumb or a finger, just document it somewhere.

You might also like:

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

Notice to title companies about thumbprinting
http://blog.123notary.com/?p=19453

Identification and thumbprint requirements for notarizations
http://blog.123notary.com/?p=4299

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

Notary thumbprints can save your neck
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4939

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February 1, 2012

Do I notarize every page of a document?

Filed under: Legal Issues,SEO — Tags: , , , , , , — admin @ 9:28 am

Do I notarize every page of a document? 

As a notary public, you notarize signatures on documents.  Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.
 
What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page.  Where do you attach a loose certificate if a signature is in one of the middle pages of a document?  It is normal to add notary certificates at the end of the document.  It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form.  Other notaries might use one certificate form to notarize all signatures in the document.  Which way is correct?  That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person.  There might be separate agreements inside the same long document, making them more like separate documents that have been connected.
 
You can not notarize every page of a document.  However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.  This is a very prudent practice and I recommend it.

You might also like:

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can I sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary help draft documents?
http://blog.123notary.com/?p=2047

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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January 12, 2012

Backdating from A to Z

Filed under: Comprehensive Guides,Signing Tips — Tags: , , , , , , , — admin @ 4:39 am

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

You might also like:

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Seal Forgery — it happened to me!
http://blog.123notary.com/?p=724

She lost a great account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

What is a document date?
http://blog.123notary.com/?p=21431

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January 11, 2012

Rude notaries?

Filed under: Etiquette — Tags: , , , , — admin @ 12:56 am

Rude notaries? 

At 123notary, we have 6000+ notaries on board, and we talk to most of them at one time or another.  We take pride in how dedicated and professional our notaries are.  Our notaries answer emails promptly, and have a high rate of answering their phone.  But, once in a while we will get a complaint of rudeness.
 
Who are these rude notaries?
Rudeness is a two-way street.  Most of the time, if a notary is accused of rudeness, the borrower or signing company was unreasonable with them or harrassed them.  Is it the notary’s fault?  In my opinion, a professional should try to maintain their cool at all times.  The defining line that separates the men from the boys is how well you handle a difficult situation with finesse.  Can you calmly handle a difficult client?  Can you smoothly work your way through a difficult situation?  Can you keep your cool when others around you are screaming?  Its difficult to know what to do when a notary is accused of being rude.  I usually keep these incidents off the record, and only in my private records.
 
Incomplete information?
What bugs me the most, is that when I get a complaint about a rude notary, I  only see text such as, “The notary was rude”.  My question is, what did the notary say?  What did you say to them first to provoke this reaction?
 
Notaries who hang up on clients.
We get regular complaints that the notary hung up on someone.  Was the client rude? Did the notary have a cell phone that routinely drop calls?  Was the notary just being a jerk?  Sometimes clients call after hours and the notary doesn’t want to be bothered. 
 
Antagonistic emails
Be careful with this one.  Nobody can remember what you said, other than the fact that it was polite or rude.  However, if you write a rude email, it can be forwarded to me — and that is proof that you really are rude!
 
Threatening clients with lawsuits
When a notary and a client get in an argument, some notaries quickly start threatening clients with lawsuits.  This is really unnecessary and rude.  It reflects poorly on us and on you.   You should not threaten someone with a law suit unless you have serious damages which you can prove.
 
Criticizing the company you are working for.
If you work for a signing company, its not good manners to criticize them or their borrowers. If they are horrible people, just don’t work for them anymore!  If the borrowers are horrible, just try to put up with them.
 
Summary
99% of our notaries are fantastic, and this blog entry doesn’t apply to you. If put in a difficult situation, try to be polite and then refuse to work for the difficult company again!  Don’t criticize people (even if they deserve it), and don’t write threatening emails.  Just do your job, and go home!

You might also like:

What to say and not say: minimum competency guide
http://blog.123notary.com/?p=4337

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

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January 5, 2012

Can a notary sign an out of state Quit Claim Deed?

Filed under: Legal Issues,Posts With Many Comments,SEO,Technical & Legal,Ultra-Popular — Tags: , , , , , , , , — admin @ 12:34 am

Can a notary sign an out of state Quit Claim Deed? 

One of the search terms we found in our blog stats was as follows:
Can a NY notary sign a Florida Quit Claim Deed?
 
Any notary in the United States can notarize a signature on a Quit Claim Deed from any state.  However, there is a catch!  Quit Claim Deeds have always used Acknowledgment verbiage / Acknowledgment wording in my experience.  Acknowledgment verbiage might differ from state to state.  So, the important point to remember is that the notary wording or notary verbiage should match the state where the document is going to be RECORDED.  If the document will be recorded in Florida, please make sure to use Florida notary verbiage.  If the document is going to be recorded in Texas, then use Texas notary verbiage. 
 
Another small point is that notary verbiage sometimes gets changed over time, so you need to make sure you are using 2011 or 2012 notary verbiage for the state where the document is to be recorded.  County recorders are the office that typically records deeds of various kinds.  They can sometimes be very picky.  Make sure your notary seals are very clear and not smudgy if you are submitting notarized documents to the county recorder!
 
Summary:
(1) Notary verbiage must match the state where the document is going to be recorded
(2) Any notary in the United States can notarize a Quit Claim Deed, Grant Deed, Warranty Deed, or any type of Deed for any state

You might also like:

Quit Claim Deed
http://blog.123notary.com/?p=18905

Good Deed Bad Deed — Ken’s guide to every type of Deed
http://blog.123notary.com/?p=16285

Can a Georgia notary notarize a Florida property document?
http://blog.123notary.com/?p=1912

How do you get a Power of Attorney document?
http://blog.123notary.com/?p=20785

Index of information about loan documents
http://blog.123notary.com/?p=20258

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December 17, 2011

Penalties for notary misdeeds & misconduct!

Filed under: California_Notary,Legal Issues,SEO,Ultra-Popular — Tags: , , , , , , , — admin @ 2:22 pm

Penalties for notary misconduct, crimes, and misdeeds 

I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases.  I have only heard of one notary that engaged in a serious crime, and he went to jail.  This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.  However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
 
Asking a notary to do an improper notarization.
This is a misdemeanor.  If it involves real property, then it is much more serious.  Clients might ask you to notarize them using a different name variation that is not documented, or put a false date.  This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door.  So, legally, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen.  If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.
 
Issuing a false certificate
A notary who issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor.  A false Acknowledgment certificate constitutes FORGERY.   Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
 
Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.
 
Failure to get a thumbprint!!!
This is my favorite.  Thumbprints are critical for identifying a signer if fraud is suspected.  Powers of Attorney and Deeds require a journal thumbprint in California.  A fine of up to $2500 per incident would be the penalty.
 
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
 
Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place.  If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!
 
Professional Misconduct
This refers to dishonesty in your professional activities.  The penalty would once again be suspension, revocation, or refusal to grant a notary commission.
 
Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization.  However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client.  The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.
 
Falsely Acting as a Notary
This is a misdemeanor
 
Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY.  This is the most serious type of fraud possible in the notary profession.
 
False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for California notaries is $1500 per incident.  Additionally, such a notary’s commission could be suspended, revoked, or there could be a refusal to issue a commission.  Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising. 
 
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well.  Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public.  Once again, your application could be denied, or your commission could be suspended or revoked for such a crime.
 
Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct
 
Here are some other crimes… I will just list them here, but may or may  not describe the penalties.
 
Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted
 
There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

9/11 Notary Law Changes
http://blog.123notary.com/?p=212

All you need to know about notary work
http://blog.123notary.com/?p=2354

How to complain about a notary public
http://blog.123notary.com/?p=2179

Penalties for notary misconduct and fraud (2018 version)
http://blog.123notary.com/?p=21315

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