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January 18, 2011

Notarizing For a Minor — Identification!

It is not that common to notarize the signature of a minor, but at some point you might be asked to. A minor who needs to be notarized must be positively identified just like everyone else even thought their signature is not legally binding. But, if you need a notary for a minor — what type of identification can they get? The DMV can issue them a state ID card if they are not licensed to drive yet. If they are old enough to drive, you could get a drivers license. Another possibility is to go to the Post Office and apply for a passport which is another acceptable type of identification for being notarized. One benefit of passports is that they are valid for ten years while state issued ID’s are generally only good for four or five years!

So, if you are asked to notarize a minor, you can give the parents a tutorial about acceptable types of identification for their benefit! And remember — when notarizing a minor, please document in your journal that the signer is under 18 — and you might also document their exact age as well! Be professional when you do an “underage notarization”! Do it right!

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Grow your business first, and THEN do the official stuff?

This was a reply to my post about getting a business license. It is illegal to operate a business without a business license. If you claim a business name without having it registered, you could get into legal trouble (gulp.)

But, should you see if your business “takes” before investing in formalities? That is what many of us small potatoes do. I started several businesses without registering them. I started in business when I was a 14 year old kid doing landscaping for my neighbors.

If you are committed to doing business, invest in supplies, commissions, etc., then you are committed enough to obey the law and get a business license. The total costs are less than $100 including the newspaper fees for publishing your business name officially.

As they say in the sneaker industry — just do it!

Tweets:
(1) should you see if your business “takes” before investing in formalities like getting a biz license?

You might also like:

Choosing a name for your business license
http://blog.123notary.com/?p=7103

Registering your business license
http://blog.123notary.com/?p=742

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Notarizing an I-9 employment verificati​on document

Have you ever notarized an I-9 before? If it were me, I would ask an Attorney, the Secretary of State, or Immigration if a notary public could notarize this form. If you are a notary, the most important thing to do is to clarify that you are NOT an Attorney, and can not give legal advice. Also clarify that you are not an immigration expert and can not advise on matters pertaining to immigration either.

But, it is not generally illegal to notarize a signature on a document.

Have any of you had to notarize an I-9 before?
How about a K-9?

Tweets:
(1) Ask an Attorney if a Notary can notarize an I-9 employment verification document.

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January 15, 2011

Advice to new notaries: Interview with a Veteran Notary

Filed under: General Articles,Popular on Linked In — Tags: , — admin @ 8:20 am

I love doing loans signings, and have done them for ten years. I have been in Real Estate for 30 years, but I like the loan signings better. I’ve met all kinds of people, and the NSA has a chance to help them all.

RE new NSAs: Notaries have to know when to keep their mouth shut. If there is something on the loan docs the borrower wants to know about, always give them a general answer– but if you say the wrong thing, forget it!
For instance, a notary could say “I can get you a better interest rate!” But we don’t know why those figures are there– why the person has the rate he/ she has. Don’t comment! That particular loan can fold. But the notary may not know the workings of the escrow to get it to that point. ALWAYS have the borrowers contact the Loan Officer. I am old enough to know that if that borrower is so upset, I can handle it.

You can look around the home and know how to handle the signing. For example, at Christmas, I went to a home where the borrower was disgusted. They were packing to go on a trip, and a lot of things were set up to go. They had a baby. That tells me “Say some reassuring things.” I mother them. The loan had taken 7 months, and it was Christmas eve day. It had taken so long! I told her I understood, and that I could leave if she wanted me to. She saw I was experienced and that I cared, and she calmed down and signed. She might not have signed for another notary.

One time a borrower did not show for about 30 mins– there was a girlfriend living in the house, and there was a wife– the man was buying her out! I had to tell them to stop the bad language, and she was also afraid that he was going to take all the money. I said “I’m out of here”— but then they calmed down and signed. A new notary would have panicked and left. But I got them to sign: their marriage was over, and they needed the money. I did a reverse mortgage for a man who sold Fuller Brush. The man wanted to read it all– three hours! I looked around the house, and he had nothing there! He didn’t even have enough income to support himself and his disabled son. I knew he needed the loan and I let him read. I asked him “Do you know what I just read?” He didn’t. I had to make him understand what the APR is (briefly; a generic answer–like you have on 123notary–in the Ninja book.) After the signing, he came to the house and handed my daughter a $50 gift certificate. He was so grateful. This was years ago.

Every situation is different. You need to adapt to that situation. You are doing the borrower a disservice if you just point and sign.
You should also never backdate. There is always someone who will talk if you do something wrong. The only person who is not going to talk is me. But you can never trust the company not to come back to blame you in the future–so don’t backdate!

These borrowers are real people– not just numbers. Be sure you know about the documents!
Instead of taking low-ball offers — take a course and study the loan documents! This will give you a lot of business. You do not need to take low offers to start out. Your printer and computer, phone, car insurance, gas– all these come out of what you make. You can’t print and do all this and do a loan for $60.

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

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January 13, 2011

E&O insurance: where do I get it & how much do I get?

Everybody is getting E&O insurance these days. Ironically, the only notaries who I have heard about having claims on their policies are the ones who went overboard and got a million dollars of coverage just for show which turned them into a target. But, on a brighter note, you need E&O in order to get hired. Yes, it is more of a fashion show than something you actually need, but the fact that signing companies don’t take you seriously if you don’t have it makes it a necessity. The question is — how much & who do you get it from?

Lots of vendors sell E&O insurance.
Notary Rotary sells it. NNA offers one stop shopping for notaries including E&O. One notary claims that Merchant Bonding offers the best rate on E&O. One notary said that Traveler’s charged him only $170 for 100K for four years which is excellent as others charged $265 for the same coverage. It seems that companies that cater exclusively to notaries do not always have the best rates on insurance, although the convenience of one stop shopping makes it worth while to pay a little more.

How much should you get?
The quantity of your E&O depends on who you are trying to impress. If you just do signings for signing companies, perhaps 25K is enough. If you are full-time and want to appear professional, it is better to have 100K rather than claiming in your notes section to be professional. Don’t say it — show it! If you want to work on the white glove list for major Title companies, then 500K or a million might be in order. I don’t know what that costs, but if you are getting paid big bucks regularly, then whatever they charge is probably worth it.

If you want to comment on this blog entry: let us know where you buy your E&O and what it costs!

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Help, I’m being sued, and E&O won’t help!
http://blog.123notary.com/?p=3570

How to get paid by out of biz signing companies
http://blog.123notary.com/?p=8646

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January 8, 2011

Scary results when a notary uses our letter from hell

Scary results when a notary used our letter from hell 

We get complaints from notaries every single day who are not getting paid on time, or not getting paid at all.  Since I care deeply about this situation, I have networked with Carmen (who I work with), and a few other very seasoned notaries to create a system for getting paid which is almost foolproof.  Nothing is perfect, but this system is as good as it gets.
 
Please visit
How to make sure you get paid signing agent  
Our system starts with the notary background checking ALL companies they work for.  Asking for references, and checking the company on the BBB website is a must.  If you already accepted the job, you could cancel if they have a margin of a few hours.  Otherwise, take your chances.  Keeping faxes and work orders in order is critical, and keeping the stub from company checks is a life and death issue. This is all talked about in detail on the how to make sure you get paid page. Notaries need to fax fills regularly with all pertinent information on the fax.  But, if you did everything right and STILL didn’t get paid — there is the template of our demand letter.
 
A notary used our demand letter, and the company threatened her with a LAW SUIT!!!
Oh my gosh!  Is it really true?  Actually, the notary only sent a “watered down” version of our template letter, but the reaction was almost postal…  The notary stated that they repeatedly contacted the company by phone and email, but never got paid for various jobs done. Then, the notary said that they would take the following actions by a particular date if not paid:

a.         Notify the Attorney General of the details and circumstances of the occurrence.
b.         Notify the Secretary of the State of Texas to look into the matter
c.         Notify other notaries public of the details of non-payment.
d.         Register the details of the occurrence with the BBB.
 
The signing company got back to her and said…
 
I feel obligated at this time to inform you that Ck # 15533 for $45 cleared your bank on 7-11-11, presented on 7-8-11 for Account #134554 (for a particular name).  That was less than 13 days after i sent you the email asking you to do the notary job in the (name of town), TX area.  Your email is making libelous or slanderous threats against myself and my company for which you can be sued in civil court  (i.e. notifying others in the industry that I do not pay my bills).  I feel it is now my duty to report you to the Texas Notary Division of Austin for making such threats when I can prove that you were fully paid within 2 weeks of the service provided.  I will be forwarding a copy of this email to them immediately.   It is a shame that you did not do your own research regarding payment of this service, before making such libelous threats…. (name of owner),  (name of business)
 
My opinion
I think the notary should have listed the particular jobs that were not paid for, i.e. the names of the borrowers, loan numbers, addresses, etc. I think that the notary should have kept track of all payments and all of the check numbers of all payments in the past, so that she would know what that check was for, and if it even existed.  It is easy for signing companies to scam notaries by making up fake check numbers. Most notaries don’t keep good enough records to keep track of it all — but you have to — or you might never see your money…

Tweets:
(1) Carmen, a few seasoned notaries & I developed a fool proof method for getting paid every time no matter what!
(2) A notary used our almost foolproof letter from hell to request payment & the company threatened to sue her!
(3) Our scary demand letter threatens to report the late paying signing co to the SOS, Attorney General, DA & more!

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Getting what is due! A clever plan!
http://blog.123notary.com/?p=3221

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

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January 4, 2011

How much do signing companies lose by hiring bad signers?

Filed under: Best Practices — admin @ 11:56 am

Many signing companies out there are very short sighted. They only care about getting someone fast who will do the job cheap. Whether or not the signing agents knows anything about notary work, documents or handling situations is generally not considered. Signing companies want you to be “familiar” with the documents. People who are “familiar” cannot answer questions about documents with any intelligence. They have seen the documents before, but cannot explain them. 123notary certified Notaries understand the documents 80-95%. Those who are merely “familiar” might be able to answer 40% of my questions on a good day. The serious types of mistakes Notaries normally make have nothing to do with being “familiar” with the documents but are Notary mistakes or handling situations incorrectly.

Error rates & damages
So, the question is, how much do signing companies lose when they hire bad signing agents? When you hire new agents the mistake rate might be anywhere from 1% to 12% realistically. Those odds are not good. I calculate that there might be a cleanup cost of a few hundred dollars per average mistake depending on what the mistake is. So, the average cost of damages per signing hiring bad signers might be $25 or $40 perhaps.

Will you lose your best Title company client?
However the price goes up when you consider all the Title company clients who dump you because you goofed on their precious work. If a Title company offers you $30,000 per month in jobs and you lose them because you saved $15 by hiring a dummy you found on Snapdocs or somewhere else, you might lose $1,000,000 in revenues over the next few years. Does that seem like a good exchange to you? Gain $15 and lose a million? Those are the odds you are playing with. Your profit on the million might only be $50,000. So, gain $15 and lose $50,000. Get the point?

What are the average damages per signing?
If you average it out on a job by job basis and consider the cleanup costs as well as the losing your best title company clients that you ever had and ever will have costs and put those two costs together, it might realistically be $25 per signing, or perhaps more that you lose on average due to hiring lousy signing agents.

So, why not hire good signing agents?
123notary went to a lot of trouble to filter out bad Notaries from our site. We also retested all of the people who have our certification icon. Our certified members are not perfect but far less risky than the average Notary. In my estimation, a 123notary certified member is ten times safer than hiring some random text addict on Snapdocs. But, don’t base your decision on my arbitrary guess — track signings for yourself and see if our certified members really are better and how much better.

How much extra is it worth to you to hire someone more knowledgeable and safer? I personally would pay a minimum of $20 extra to hire a 123notary certified member and $30 extra for an elite signer. What do you think signing companies?

.

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Ken’s list of things Notaries goof or might goof on
http://blog.123notary.com/?p=19427

Goofing on the RTC
http://blog.123notary.com/?p=19612

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

Notary fined $385 for botching a notarization
http://blog.123notary.com/?p=19941

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How to handle rude clients

As notaries, your job is to make sure that documents get signed and returned to the correct party in a timely fashion. Getting documents signed is easy. It is dealing with difficult clients that is the hard part. So, what do you do when a client is rude?

You can politely apologize about whatever they are complaining about. You can try to refer them to the Lender or Title company if there is a problem with certain documents as well. The main thing is to assure them that you are “just the notary” and your job is to make sure the documents get signed. If there is a problem with the documents, please take that up with the party who is responsible for the error.

Or othertimes the rudeness will be completely unrelated to the documents. The borrowers might have a rude dog that goes yap yap yap, and growls at you right around your toes. This can be very disconcerting for those of us who are cat people and not dog people. Dog lovers don’t normally respect the fact that not everybody likes dogs. They can become very rude right away if you voice any dislike of their dog’s hostile behavior. I personally think that people who have viscious dogs were antagonistic dogs in their past lives and don’t realize how unpleasant dog behavior can be.

It is common for borrowers to be rude to other family members and to just make rude conversation to the notary. It is best to ignore this behavior. It is best to respond to rudeness with politeness.

The biggest mistake that notaries make is to reciprocate rudeness. This is where they get complaints. The borrower can be rude to them and get away with it, but if the notary is rude back, they get in trouble. It is the same with me. My clients are often rude to me and regard that is their inalienable right. But, if I throw it back in their face, then I am the bad guy! Then, there are notaries who are rude when writing commentary about signing companies on social media. Be careful — people are watching. There are a lot of signing companies who are fed up with rude notaries and will use any excuse to blacklist you!

Basically:
Be a good Christian and turn the other cheek
If you are not Christian, then do as good Christians would do, and turn the other cheek
If the situation gets out of hand, it might be time to walk out on the signing and contact the signing company. We all have limits.
In short — turn the other cheek, but don’t get cruscified, otherwise people will say, “That Joe the Notary… he SIGNED for our sins: yes he did, yes he did, yes he did!

.

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Rude Notaries?
http://blog.123notary.com/?p=2198

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January 3, 2011

A Notary Union — how would that work?

One Notary wanted a Notary Union. But, would a union help? What would happen? He wanted rates fixed at $150 per signing. It’s not legal to fix rates and $150 is too high.

Contracts
Signing companies would have to sign a contract with the union if they wanted to get some of the better veteran signing agents. Most or many veterans would join the union. The companies that hired union Notaries would only be able to hire union Notaries, and with a long term contract at ridiculous prices. Meanwhile the non-union signing companies would be able to hire anyone who wasn’t a union Notary. The problem here is that Title companies are only willing to pay so much. And if the union had a meeting where they were going to raise their rate to $160 per signing, they would virtually put the signing company out of business.

This is similar to what happened with car manufacturers and manufacturing in the Midwest which moved permanently to China leaving the union guys without a job at all. Unions helped certain Midwesterners and people in other parts of the country make extra money for about two or three decades by artificially controlling market conditions — and then the mother companies discovered a place called Asia and the party was over which led to mass unemployment.

Union Fees
Notaries would have to pay union fees, and go to union meetings. Very few Notaries make it to the NNA annual conference, so how will they make it to meetings? Notaries have so little money already, how will they pay fees? Most are not even full-time?

Corruption
Unions basically give privelege to a few of the workers, but do not help workers as a whole. In Boston in the 1980’s, certain more established classes of workers gained privelege to union jobs while Blacks and Puerto Ricans were generally left out until affirmative action became more prevelant. There is also a lot of power politics going in within unions for control. To me, unions are mafia-like power grabbing organizations which force companies to pay an elite group of workers above market level wages. This leaves those without social favor out of the picture and bankrupts companies in the long run. In the long run unions lead to unemployment, unfairness and misery.

The Solution
So, what is the solution to unfair wages? Markets! Fair and open markets solve all wage related problems. With open markets you get paid what you are worth. The problems the Notaries are facing these days is that there are lots of unskilled people who can do Notary work. They might not do a good job, but they can function with guidance. The skills of highly skilled Notaries are no longer valued like in the old days, and that is why the market hires too many unskilled Notaries and doesn’t pay the worthwhile Notaries enough — at least until signing companies come to their senses.

The Cause of the Problem
Part of the reason this is the case is because there are SO FEW highly skilled and reliable Notaries, that you can’t base your business model on only hiring the best. You might get a few “best” notaries, and the rest will be slouches! That is not a consistent business model. Most Notaries on 123notary just don’t know their documents, don’t know what information is where, and don’t know what to do if there is trouble. Most of our Notaries make a lot of claims of how good they are, but really only 250 Elite Certified Notaries on 123notary are hot stuff in my opinion. Those ultra-experienced and highly educated stampers are worth $150 per signing in most cases. The “regular” 123notary certified Notaries are worth about $100 per signing (in my opinion) and the un-123notary certified Notaries are worth $50. If you don’t know anything and have hardly any experience, why should you be paid much more than minimum wage?

My issue is NOT that Notaries are not paid a decent wage. My issue is that the 250 Elite Certified Notaries on our site who merit a better wage are not usually getting it. As for the uncertified majority, the fact that you get work at all is a miracle. I personally would not hire someone who couldn’t pass my test. My test doesn’t guarantee that you are a great Notary — however, it determines that you are at least worth trying and have potential and know your basics.

If it were up to me, anyone who didn’t pass our elite test wouldn’t be allowed to do any signing agent work. After all, this is a serious profession where you routinely handle half million dollar loans. Why hire someone who is any less than highly qualified for such critical work?

.

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The Notary Union raises it’s rates and alienates its notaries!
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Minimum wage for Notaries
http://blog.123notary.com/?p=16276

How much do you merit as a signing agent?
http://blog.123notary.com/?p=19188

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January 2, 2011

Some of you people have a few screws loose.

When I ask people questions to test their competency, it is remarkable how many people have screws loose.

Repeating
When I talk to my psychic, I talk to him for an hour every week or two. I do not ask him to repeat anything in an hour. When I talk to Carmen or Adine on the phone, I never have to have them repeat anything. It is remarkable how many of my clients have me repeat myself multiple times in a very short conversation. Do they not understand the confusing technical language I am using with terms like, “Venue, Notarial Act, Acknowledgment, Journal or Affiant?” If you don’t know Notary language, time to look up some terms in our glossary. That is your jour to know!

Scrambling
Normally when I ask people, “If you have TWO people each of whom is signing THREE notarized documents, how many journal entries should you fill out.” The Notary repeats back to me, “Okay, so you have THREE people each signing how many documents?” First of all, it is two people, how can you scramble that? Additionally, they are not signing three documents, they are signing three NOTARIZED documents. If the documents are not notarized documents, you don’t need to fill out any journal entries.

That would lead me to a great trick question — if you have two signers signing three documents, how many journal entries would you need to create? None! Because the documents were not designated to be notarized!

Changing the Scenario
When I ask, “If the ID says John Smith, but the name on the signature of the documetn says, John W Smith, without changing the scenario, can you notarize the signature?” Most people immediately say they would ask for another ID. But, asking for another ID is what I told you specifically not to do, namely, changing the scenario. I am trying to test your skills on saying yes or no to questions with limited parameters, not your skill at changing the question to a completely different quesiton that you prefer to answer. Answer questions as asked or you lose points. It is not rocket science — and the answer is NO. You are a Notary, yet the word you have the most trouble saying is, “NO.”

Talking endlessly
When I ask quick questions I have thousands of people to ask. If you talk endlessly and I have to ask you to stop talking, that is a huge headache for me. Just answer questions quickly without rambling and we can finish our quiz quickly.

Sluggish
Some people take forever to think of answer to questions. The most relentless question is when I ask people which Notary Acts are legal in their state. Most people have to think for a long time. You do Acknowledgements, Jurats and Oaths daily, why is it like rocket science for you to open your mouth and spit it out? Do you not know that those are considered official notarial acts in your state or in most states? A few states don’t have an official Jurat, but they have other acts similar to it such as Verification under Oath or Affidavits or Sworn Statements.

In short, the behavior of Notaries always seems somewhat mentally impaired. Less than 10% of Notaries on 123notary can just answer simple questions without asking me to repeat, scrambling information, changing the scenario, giving round about answers, rambling endlessly or taking a lot of my time. I just want to test your competency. I don’t have all day for nonsense. Try to discipline yourself to answer questions the way they were asked because the business world doesn’t have the patience for this type of nonsense. It is purely unprofessional.

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Introducing the 2019 Notaries!
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Notarization for an exorcism
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The Notary Asylum
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