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December 6, 2017

The signer claimed they never signed the Deed

Filed under: Popular on Linked In,Technical & Legal — admin @ 1:18 am

If you went to someone’s house to notarize a letter that says that little Tommy cannot go to school today and also notarize a Deed for the same person — most Notaries put the two documents in the same journal entry. If the signer only signs once, you don’t know which document they signed for and you cannot prove which document they signed for in court with any probability.

The signer could say, “I never had that notarized, I must have been forged.” or “I signed the document, but I never requested to have it Notarized. The Notary must have seen it on the table and attached an Acknowledgment without my knowing — after all, I didn’t sign for it in the journal.”

I have only heard of a case like this once where the signer claimed not to have signed anything and the Notary had to go to court. But, a signer or borrower could claim not to have signed more than one of the documents if you keep your journal using the multiple documents per journal entry system.

Additionally, the Lender could be accused of adding extra documents with extra terms to a loan signing that were added after the signing to the journal. Using the multiple documents per journal entry system of journal filling it looks very suspicious. Eventually you could get nailed.

So, play it safe and do one journal entry per person per document. Two signers each signing twelve notarized documents = 24 journal entries and yes, you will have to buy a new journal every several weeks and no, it is not that expensive and yes it is necessary.

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You might also like:

An absurd forgery of my notarization
http://blog.123notary.com/?p=19974

A forged document vs. a forged notary seal
http://blog.123notary.com/?p=10391

Compilation of posts about notary fraud
http://blog.123notary.com/?p=21527

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December 4, 2017

No matter how good your work is…

Filed under: General Articles,Popular on Linked In — admin @ 3:53 am

I had a Notary who did some work for people. She was to do 400 Acknowledgments. They wanted to pay her an hourly rate, but have her finish the paperwork at her home. Then, they wanted her to only bill them for hours done on site. They wrote a complaint about her claiming she tried to overcharge since she wanted to charge for all her hours.

I wrote her back saying that no matter how good your work is, people will still complain. People appreciate good work when they have had a bad experience one too many times in the past. If you had a bad meal several times, you will appreciate the good meal. If you had a bad Notary or a late Notary you will appreciate the punctual one who knows his/her/their stuff(s).

On the other hand, no matter how bad a Notary is, they always spend a lot of effort trying to convince you that they know everything despite that fact that they cannot give intelligent answers to any of my questions.

On the other hand. If you have had a really top-notch Notary, and then another comes along who is just okay, the okay one will look like an incompetent nitwit in comparison.

The secret here is to try to be better than everyone else in all ways. Claiming to be better is unfortunately not part of the equation. You have to actually be better to the point where other people point out to you things you did that were better than the other guy.

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December 3, 2017

Oath, what oath?

Filed under: Carmen Towles,Popular on Linked In — Tags: , , — admin @ 10:48 am

So it has come to my attention and honestly to my surprise that most notary signing agents don’t give oaths. And whats even worse they don’t seem to know that it is part of the job. (btw, I give them regularly) I asked those that don’t, “Why not?” Most replied that, ‘they aren’t required to give oaths in their state’ and others didnt know anything about them at all. Really? Then I went on to ask, “Don’t you know that most sets of loan documents have a few documents in the loan package that require an oath be given?” Such as, for example; the signature name affidavit, correction agreement? And that all ‘jurats’ certificates require an oath. Most tell me that they were never trained that this was necessary. But, here and now I remind you that It is part of your job description. So it may be time to get those handbooks out for your state and take another look. Just remember that anytime you see the notarial wording that begin with, “Sworn or affirmed before me”, will always require an oath to be given. And it should go something like this: ‘Please raise your right hand. Do you solemnly swear or affirm to the truthfulness of the document that you are are about to sign?’ Feel free to make your own, this is mine.:). They undoubtedly will say yes and you can proceed with having them sign the document, Remember these documents typically require the signer to sign in front of you. (If they have signed the document already you can have them resign in front of you or use a fresh copy) State notary law regarding this may vary.

Now, I have never heard of anyone getting in trouble for not giving an oath. But it is part of your job. And it could have the potential to render your notarization void if a judge asked you if you gave the oath and you didn’t. So it is better to know what your duties are and do your job. It is better to be safe not sorry.

Also read – Oaths, how Notaries completely screw them up

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

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November 30, 2017

Why are older Notaries so argumentative?

One of my clients who hires Notaries says there are three types. The new ones who know nothing but want to learn. Those who are six to twenty-four months in the business who know a lot and are still trying. That client thinks that after two years people stop wanting to learn. My take on the situation is that after four years people stop learning. So, what happens after people’s will to learn atrophies? They get worse and forget things.

Older Notaries forget more every year and their attitude gets worse too. I just had a Notary with 24 years experience argue and argue and argue by email with me. If she wants to get ahead on 123notary, you get ahead by proving your knowledge and good attitude, not by fighting. The other problem is that with age, people get a little nutty in the head and cranky. So, old Notaries can sometimes be some of the worst.

So, what is the solution? Old Notaries cannot become new Notaries. However, can an old Notary learn the spirit of a New Notary? Can they make a new beginning?

This reminds me of the saying that there are old pilots and bold pilots but there are very few old bold pilots.

Carmen and I are trying to get the older Notaries to go back to the books and study more. It only works when we spoon feed people, because Notary old wants to study. But, during a discussion with Carmen I realized that we are part of the problem.

I started this business when I was thirty with great dreams, spirit and a desire to make a huge impact on the world. I had no idea what would happen, but I had a ferocious work ethic that kept me going 70 hours a week every week. I am 48 now and believe me I do not have the energy to do more than 40 hours a week. At my age I have learned the art of efficiency because I don’t have the energy or the will to do what I did when I was thirty. I admire the person I used to be and I admire the skills I have learned in the past eighteen years. I have really grown up, but I have also become a cranky old man in the making. So, how can I too learn the spirit of young Notaries?

Our whole site 123notary has the spirit of old Notaries. Our high placements are almost exclusively owned by cranky old Notaries. Carmen and I are cranky and old. We need some hard working new people with some spirit. Where are those people? Oh, and by the way they have to pass my test too which narrows it down.

The Notary profession is one that appeals to those who cannot get a real job. That is why we have so many apathetic people who don’t cooperate. To succeed in this business you cannot be that way. You have to be responsible. Where are the people who are responsible, and study and succeed?

Maybe I need to take some time off and try to re-become what I was when I was thirty. Do something by going out on a limb not knowing what the final outcome would be but basing my risk on pure desire, commitment and hope. It’s not a bad way to begin. America began that way.

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You might also like:

Do you talk back to people?
http://blog.123notary.com/?p=20003

I’ve been doing this 20 years
http://blog.123notary.com/?p=19910

Are folks with 20 years experience getting more clicks or less in 2018?
Who is getting clicks in 2018?
http://blog.123notary.com/?p=19900

Answering the call and then not wanting to talk
http://blog.123notary.com/?p=19640

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November 28, 2017

Five things a Notary must do

This article is sort of like — how to be a notary in a nutshell. But, if you were a Notary in a nutshell, would your seal fit in the nutshell? Notaries are a bunch of nuts anyway, so they probably were inside a nutshell at some point in their evolution. In any case, what does a Notary do?

1. Identify
2. Journals
3. Filling out certificates
4. Giving Oaths
5. Understaning the difference between a legal and illegal request.

The most important thing a Notary does is to identify the signer and make sure they are the one who is intended to sign the document. Many Notaries take liberties identifying people which is dangerous and could come back to them. There are fake ID’s and people who impersonate others with the same name or variation of the same or similar name. If you think this will never happen to you, guess again and then you will understand the reason why the Notary profession exists — to deter fraud and safeguard transactions. If you are not safeguarding transactions through proper identification, you might as well not be a Notary.

Not all states require a journal, but if you are in front of a judge or FBI agent and don’t have a journal, you will be in a ton of trouble. So, there is more than just your sec of state to be accountable to. You need a journal in case there is an investigation and if you don’t keep on, you should not be a Notary. Period!

Filling out certificates seems easy enough. But, what if there is a snag? What if the certificate was filled out by the lender and one of the signers cannot show up or what if the state is wrong? Then, you have to make a change. But, what if you don’t know who initials the change, or forget to initial altogether? Then, you will be in huge trouble and will deserve it. What if you don’t know how to add a loose certificate with a staple to a document and fill out the “additional information” section. If you don’t know, then you are taking a huge risk being a Notary. That is mandatory knowledge.

Giving Oaths is something Notaries are generally legally required to know, however, no state audits people’s Oath giving abilities. The result is that 70% or more of Notaries do not know how to give an Oath. Some rely on their cheat sheets, but not knowing how to give an Oath off the top of your head is as ignorant as needing to consult a manual every time you tie your shoe. A real notary would not need a cheat sheet.

Knowing what is legal and not is a must. Different states have different laws. By rejecting legal requests, you are no longer a Notary Public, because a Notary Public accepts all legal requests from the public. Most Notaries reject legal requests on the basis that they don’t feel personally comfortable with the fact that someone already signed a document to be acknowledged or that the document is in a foreign language. In California, the document can be in Slobudian. You are notarizing the signature not the language. Then, the very same notary who declined a legal request will stand in line to do something completely reckless and illegal out of carelessness or stupidity like mailing a loose certificate in the mail simply because — it’s okay because the Lender told me it was okay or, it’s okay because I always do that. Always doing something doesn’t make it legal or safe! The law decides what is legal and acceptable — not you!

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You might also like:

Notary Public 101 Real Life Notary Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 A Guide to Notary Best Practices
http://blog.123notary.com/?p=19493

Confirming the Signing
http://blog.123notary.com/?p=19976

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November 27, 2017

How do you get reviews if you have multiple listings?

Filed under: Popular on Linked In,Reviews — admin @ 10:39 am

When people want additional areas on 123notary, there are different ways to sell it to them. I can put another area on their basic listing and give them high placement in that other area. Or, I can sell them a completely new n# in another county. The people who get a separate listing tend to renew these spots more in the long run. However, they get mad because the reviews from the original listing do not show up. So, what is the solution?

As I am looking for unique content on each listing, I want reviews to be organic to each listing. When people copy the reviews from one listing to another, the dates show up from the date they did the copying. Having five reviews from December 14, 2015 looks very cheesy. So, I allow the Notary to copy their favorite review. And I will copy another review on another day. That way they can start with two reviews that do not show up on the same day. Additionally, since these reviews are the best two out of how ever many they have, those reviews will carry a lot of weight.

A well written relatively current review is worth a lot more to the users than some dried up review from 2012. People will think you are washed out if you only have old reviews. So, having two new reviews is worth a lot. Then, you can get some new organic reviews on top of that. You only really need six reviews to do well on 123notary. After six, the return is very marginal if any.

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November 22, 2017

Notaries who have gone down hill

Filed under: Business Tips,Popular on Linked In — admin @ 3:47 am

I am full of sadness writing this article. I had many elite certified Notaries who have gone downhill. The reasons for their demise very. We had a few who got cancer and lost much of their thinking skills. And these used to be our very best Notaries on the site. I almost wanted to cry after testing some of these people who are Elite Certified yet cannot fill out a journal correctly. I guess they are good with complicated documents, but not good at simple procedures.

This is why my testing is more comprehensive these days. I have to test on basics which I previously assumed that everyone would know. Boy, was I wrong.

Then, there were people who sounded like they were on drugs whose communication was a combination of babbling and incoherent nonsense. A few others just got old and senile.

It is sad that a person’s mental condition can go from good to horrible so quickly. The truth is that the human brain does degenerate, and the energy levels and neurological connections in different parts of the brain can grow or shrink. The secret is walking an hour every day and having brain foods.

Grape Juice
Grape Seed Extract
Wine
Walnuts
Fish
Ginko Biloba

Whether young or old, work daily to maintain your brain and heart. I don’t want to see others go down hill like a few names that resonate in my head. I don’t want to cry anymore that my former best Notaries have become flunkers.

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Why are older Notaries so argumentative?
http://blog.123notary.com/?p=19579

Is Trump to blame for the notary slowdown?
http://blog.123notary.com/?p=19138

Notarization for an exorcism
http://blog.123notary.com/?p=20948

Bad customers are a pain in the liver
http://blog.123notary.com/?p=20005

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November 21, 2017

13 ways to get sued as a Notary

Many people become Notaries to make a few extra bucks and don’t realize there are liabilities in this profession. Here are some ways you can get into trouble as a Notary.

1. You name your business a particular name, advertise with that name, but the name is not registered with your county clerk. Someone could sue you for using their business name.

2. You notarize loans in an Attorney state and the local bar association sues you. This has happened to a few Notaries in Massachusetts, and in Georgia the bar association antagonizes Notaries from time to time.

3. You make a mistake on a signing and your E&O doesn’t cover you. E&O is for NOTARY MISTAKES and not for business mistakes you make with loan signing. If a document is not notarized, your E&O will not cover your mistake. For example if you sign the note wrong, that is not a Notary mistake, that is a document signing mistake.

4. You return documents back late and the Lender sues you because the borrower lost their lock.

5. You make a comment to the borrower about their loan, they cancel, and then the Lender blames you and sues.

6. You decline to Notarize someone whose name on the ID does not match or prove the name on the document. One Notary did exacty this and got sued and lost because her communication skills were so bad, but judge could not understand her side of the story.

7. You get in a car accident on the way to a signing and get sued as a result of the accident.

8. You make a mistake in a loan signing and then don’t answer your phone or email for days after. The Lender is pulling his hair out and sues you for his bill with Bosley hair transplants.

9. You don’t follow directions on an assignment. You don’t show the documents in the order the client asked you to. As a result, the client changes their mind about signing the document that will get the client their commission. The client loses $5000 because of you, sues you, and wins.

10. You forget to administer an Oath and your state fines you for malpractice. In California there is a $750 fine for each Oath you forget. Fining and suing are different, but the end is the same — you lose. Or should I say, I swear you will lose!

11. You give legal advice or something that can be construed, misconstrued as legal advice. Then, you get sued for UPL. If you give legal advice to a courier company you could get sued for UPL by UPS.

12. You put the wrong date on the Right to Cancel, the borrower thinks they have an additional day, and find out after the fact that they don’t. Good luck. You would be surprised how many Notaries do not know how to date a Right to Cancel.

13. You misrepresent yourself as an immigration expert and defraud some poor and helpless immigrants. Or you advertise as a Notario. You will be cracked down upon by many state governments for this.

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You might also like:

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

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November 15, 2017

The way you treat Jeremy might be the same way you treat Title

Many Notaries think they can be stubborn and difficult with me during our interactions. The fact is that I assume that if you are rude to me, that you will also be rude to title companies. Then the Notaries say that because they are paying me, they have the right to be rude to me. What an attitude! These are the same people who think they have the right to claim to know what they are doing when they don’t.

Then I talked to Jen who confirmed my theory. She had many title clients and she said that if a Notary is rude to me, they will be rude to others too. I was thinking that since Notaries get paid by title they will start out polite. But, if anything goes wrong, that the rudeness will come out fast.

My spiritual master says that if someone is rude to one person, then they are just rude and will eventually be rude to everybody. I have no way of proving this true. But, I have seen behaviors of friends who were hostile to strangers. This hostility came to me too, but not right away. I had to wait six years to see that hostility come back to me, but it came loud and clear.

So, if you see red flags, don’t discount those flags. They are real, and the consequences of the behavior is real too.

123notary is a directory that caters to Escrow and Title. We need professional Notaries who take their job seriously. Otherwise, the end users will get a bad impress of me, and I can’t afford that. So, treat me professionally, otherwise I will assume you are unprofessional towards everyone sooner or later.

.

You might also like:

Bad customers are a pain in the liver
http://blog.123notary.com/?p=20005

Why are older notaries so argumentative?
http://blog.123notary.com/?p=19579

Do you talk back to people?
http://blog.123notary.com/?p=20003

Compilation of posts about Notary etiquette
http://blog.123notary.com/?p=20505

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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November 12, 2017

What gets you in trouble as a Notary fast vs. slowly

Filed under: Etiquette,Popular on Linked In — admin @ 3:50 am

As a Notary, there are many ways to get in trouble. Here are a few.

SLOW TROUBLE

Journals
If you don’t keep a good journal, you might get into trouble. But, people will only find out how bad your journal is after you are in court which won’t happen too quickly unless you have bad luck. But, many notaries do eventually end up in court, and you will find out then if you are in trouble for not keeping a good journal. Honestly, being in front of a judge is not the time you want to learn how you should have been keeping your journal. Find out before you are in trouble and save yourself the grief.

Identification.
If you identify people and take liberties doing so, it might take a while before you end up in court. Even if you do so correctly, you can still get in trouble. If the name on the document is not provable based on the ID, then you are going out on a limb notarizing. Also, if you do not thumbprint all signers, if they gave you a fake ID, then you have no paper trail leading to their arrest. You might get away with this for twenty years of sloppiness, and then on year twenty and one day you end up in court as a suspected accomplice in an identity fraud ring. Then you will be sorry. Be prepared and take a thumbprint. Only you can prevent forest fires and identity fraud (not necessarily in that order.)

FAST TROUBLE

Certificates
Not completing certificates will get you into trouble faster than wearing a Rolex in the South Bronx. If there is an error on a certificate, it might not be recordable or acceptable to the document custodian. That can hold a loan up and get a Notary fired or even sued.

Not following directions
Not following directions can ruin a job and get you fired quickly. Signing companies, brokers, and lenders want you to follow directions, so take that seriously. It can cost them thousands if you screw up.

Not answering your phone.
After you are done with a job, you are still on the hook. If you are needed for after-service but just don’t answer, you can get in trouble. Answering email is important too. If you go on vacation or are hospitalized after a job and are not responsive, trouble will follow.

Arguing with Jeremy
If you argue with me about how you don’t need to take my dumb quiz, you get into trouble fast with me. Many people have lost their certifications with 123notary purely due to stubbornness. How unnecessary. But, then if you are impossible with me, you will be impossible with the title companies who use 123notary and who needs that?

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You might also like:

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

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

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

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