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June 3, 2012

A New California Notary Law

A New California Notary Law

A new law regarding California notaries went into effect on January 1, 2012. One of three main changes to California notary law in 2012 is that a subscribing witness may not sign a Power of Attorney in California in a case where a signer is too frail or unwell to appear before a notary. In other words, it is now clearly mandated that a person giving someone else Power of Attorney in California must be well enough to appear personally before a California notary. There are situations in which an actual signer can’t appear before the notary and a subscribing witness may be used, but this is not as strong as having a California notary take an acknowledgement, and ought not to be allowed in most situations. In matters involving finance and property, California previously made clear that important documents such as mortgages and securities may not be signed by a subscribing witness; instead, the acknowledgment must be taken by the notary with the proper signer present. In 2012, California has now wisely added POA to the list of documents that may not be signed by a subscribing witness.

The second of the changes to California notary law in 2012 setsforth the rule that only California notaries who work for the financial institution concerned may demand payment or accept payment on “foreign bills of exchange” for the institution –and only these California notaries may protest for nonpayment. The third change in the law makes clear that these notaries who work for financial institutions will of course no longer be paid a fee for such services—as an independent notary would have been. The world of banking has its own notaries for all occasions, California notary law reminds us.

Tweets:
(1) A new 2012 California notary law – subscribing witnesses may no longer sign Power of Attorney in certain cases.
(2) Important documents such as Mortgages & Securities may not be signed by subscribing witnesses.

You might also like:

California notary issues
http://blog.123notary.com/?p=3528

California Acknowledgment and Jurat Information
http://blog.123notary.com/?p=1786

Power of Attorney Signings
http://blog.123notary.com/?p=1627

Find a notary in Fremont, CA
http://www.123notary.com/notary-result.asp?state=CA&super=&county=162&sub=3&n=Fremont%20City&cc=1&

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May 8, 2012

California notaries with complaints

Notary Public California – complaints against local notaries 

It is easy to hire a notary public in California that you found online. But, how do you know they are reputable, or any good?  You don’t.  You take your chances. However, some notaries on 123notary.com have reviews about them.  You can read who has good reviews or bad reviews.  It is not always safe picking a random notary. As far as horror cases go, we have only had a handful of serious nightmarish notaries over the last decade, and we remove them once we have determined that they are a source of endless trouble!
 
The Kinko’s story
We had a California notary public fail to print out documents and have the borrower’s pick her up, drive her to Kinko’s where she could print the documents and then driver her to their home.  Borrowers are not chauffers, and this notary got dropped off once the borrowers got a hold of the lender.  A year later — the drama continues.  The California notary public in question is operating under a business name, and hiring other notaries to do tasks for her such as obtaining apostilles in Sacramento.  The problem is, that when checks come, they all have an elastic characteristic.  Notaries have complained on the forum about this company several times, and this particular California notary is one of the worst notary nightmares we have ever experienced and goes down in history as a legend.
 
Stories of notaries that fail and what they did wrong – http://blog.123notary.com/?p=143
 
Affordable Notary Service – http://www.123notary.com/forum/topic.asp?TOPIC_ID=4880
 
24 hour service?
Another California notary public advertised 24 hour service.  An individual calls them at 6am with an emergency.  The notary hangs up on the individual claiming that it is “too early”.  If you are not offering 24 hour service, don’t CLAIM that you do.  It is a requirement that if you want the 24 hour icon, you have to be willing to answer the phone after midnight whether you feel like it or not.
 
The white out story
A notary in California goes to a signing. She forgets to have the wife sign the Mortgage (oops), and then uses white out to change some information in the loan documents.  The worst possible thing you can do during a loan signing is to use white out which voids the usability of the document.  It gets better — then, the notary blames the Title company for not hilighting the signature areas in the documents where the wife was supposed to sign.  When she was requested to return to the borrower’s house to finish the incomplete signing, the notary recommended that they find someone else.  The notary replied to this complaint against her by stating that she used the mother-in-law as a required witness to the signing. Then, the Title company asked her to use someone else at which point she used white out to remove the mother-in-law’s signature and go and get a neighbor. 
 
123notary’s opinion: There is no crime in having an additional witness.  The problem is using white out, and cross outs also look unprofessional in a loan signing and can cause a loan not to fund. Additionally, a witness should be a party who doesn’t have a beneficial interest in the transaction — they should be uninvolved like a neighbor or stranger.
 
The four hour rule
Another California notary accepts a job for a signing.  Then she cancels at the last minute because she learns that the company who hired her doesn’t pay their bills.  There were a few forum posts about the company stating that the company didn’t pay their notaries.  In any case, the notary could have researched the company simultaneously while talking to them by using www.123notary.com/s and would have learned that they didn’t pay BEFORE accepting a job from them. Or, the notary could have researched them soon after the phone call and then cancelled.  The last minute cancellations cause a lot of grief to many parties and are not acceptable. The Lender emails me stating that the notary cancelled 2 hours after the signing and said that she was, “not able to help”.  Then, the notary replies to me stating that she EMAILED the borrower 45 minutes before the signing (that is considerably sooner than 2 hours after like the lender stated).  The notary claimed they called the borrowers but couldn’t get an answer or a voice mail. I’m not sure I believe all of this story, do you?  How many people do you know who don’t have an answering machine or a disfunctional one?  I think that the notary should have given four hours notice in a case like this and should have kept trying the borrowers every 30 minutes until she got them. You can’t just leave people high and dry!

Tweets:
(1) A notary had the borrowers pick her up, take her to Kinkos where she printed the docs & made them pay for it!
(2) 1 Notary claimed 24 hour service & hung up on a client who called at 6am saying it was “too early”
(3) The Notary forgot that the wife had to sign & then used white out to modify the documents!
(4) A Notary accepted a job, then cancelled right before the signing when she learned the signing co. had a bad payment record.

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May 4, 2012

Notarizing your foreign language document!

Notarizing your Foreign Language Document

“The bank refused to notarize the document because it is written in Hungarian”, said the exasperated client to me. “No Problem” for http://kenneth-a-edelstein.com was my reply. There is no requirement for the New York notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.

There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements in New York are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.

Part of some NYC notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some Manhattan banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in
litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At http://newyorkmobilenotarypublic.com that is never the case.

It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures.

Tweets:
(1) No problem – there is no requirement for the notary to be able to read the document (written in Hungarian)
(2) The notary must be able to give an Oath w/direct communication w/affiant (no interpreter allowed)

You might also like:

Where can I find a Chinese speaking notary?

A California Notary Acknowledgment Goes to Taiwan!
http://blog.123notary.com/?p=6981

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April 26, 2012

Can a notary also witness documents being signed?

Q. Can a notary also witness documents being signed?
A.  Any individual over the age of 18 can be a witness to a document signing or Will signing.
 
Q.  Can a notary charge for acting as a witness?
A.  If acting as a witness is an official notary act in the state where the notary is commissioned or acting, then they can charge whatever their state’s maximum appointed fee is.  In all other states where witnessing is not an official notary act, then the notary can charge whatever the client will agree to.
 
Q.  Should I hire a notary to act as a witness?
A.  You can if you like, but unless you need some special documentation done, that only a notary can perform, there is no real need to have a notary around.
 
Q. Can you recommend some more detailed reading materials about this topic?
A.  Yes, please read:  Can a notary be a witness?

Tweets:
(1) Any individual over 18 can witness documents being signed, including a Notary Public.
(2) Can a notary charge for acting as a witness? Yes, but your state might have a maximum charge.

You might also like:

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Fraud and Forgery related to the notary profession
http://blog.123notary.com/?p=2294

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April 8, 2012

Don’t put the Fedex in the drop box!

Please, no drop boxes!

I know a lot of you use drop boxes (Fedex, UPS, etc) to drop your documents. And before you say it, I know some of you have no other options that are close to you. In this case your options are limited. You are forgiven. Maybe you have had issues with this or maybe you haven’t. But, irregardless, it is something to consider, if at all possible please don’t drop your packages in drop boxes. Because, if it goes bad and the documents get lost; and you have no documentation; It can cause you a great amount of grief, stress and aggravation; and  in the end it could cost you a valuable client.

Loan package with a hefty cashier’s check thrown in a drop box

To give you an example, here is one story of several that has been shared with me. I had an Oregon notary just the other day call in to 123notary. From her tone she was obviously very upset. It seems she had completed a signing successfully and had dropped her documents on a Friday in one of those infamous drop boxes of Fedex. It was now Tuesday, and she got that dreaded call: the title company still hadn’t received the package.  I thought to myself, this is going to be bad. When this Oregon notary public and title went to track the package, there was no tracking information available. To make matters even worse there was a substantial amount in a cashier’s check also in the missing package. The assignment that had been given to the Notary in Oregon was for the paperwork that was to be used to purchase the property. So,  now everyone is upset and confused as to what to do.

Get your tracking — people!

Now in my mind, I’m thinking why in the world would you drop a set of documents in a drop box, especially with a large amount in a cashiers check. This to me this is a disaster waiting to happen.  The first thing I let our Oregon notary friend know is that unless absolutely necessary, you should always hand your packages to a driver and ask him to scan them or take them to hub or staffed service center, have them scan them and  get a receipt. This way YOU are off the hook. Which brings me to another point…

Hand fill the shipping labels

PLEASE remember when you are required to hand fill out the shipping labels with the client; title-escrow etc  account numbers you should always list the person that you are shipping to as the recipient and as the shipper. Do NOT use your information at all. This will serve two purposes. One-if the envelope is lost, it will not come to you it will just automatically go to the company that hired you. Two- if the company has not paid their bill you will not get charged for the service. Currently I have about 3 notaries battling with Fedex on this matter (cause they put their name as the shipper)and they are in collection status with them. Be careful! This can cause you a great deal of trouble with UPS, Fedex etc. and worst of all it will effect your credit if you cant straighten it out. You will have to pay it if you cant prove to their satisfaction that, you were hired by a 3rd party.

Now I understand that some of you may not be near a hub or have a location that you can go into to get a scan or receipt near by. But for those of you that do. It is better to safe then sorry. Always try to get a receipt or have driver scan your packages for you. This will protect you. For me, I need to know where my documents are at ALL times.

Now,  unfortunately as of today I haven’t heard back form the notary in this situation so I cant give up an up to date  but I am confident if those documents didn’t turn up everything would have to be redone…and all I can say is what a mess. If and when I hear from her I will let you know….Just remember: No drop boxes if you can help it…

Thank for reading and be safe…until next time!

PS — Jeremy did a signing ten years ago that was put in a drop box.  The documents were missing for a week.  The signing company eventually called Fedex — and you will never guess where the documents were.  They were still down there at the bottom of the drop box, and getting very cold by this point!  The driver who was assigned that drop box had quit and his replacement wasn’t given good instructions as to which drop boxes to pick up from every day!

Tweets:
(1) You could lose a client if you put a FedEx in a drop box on the off chance it never gets picked up.
(2) Sooner or later, the FedEx you put in a drop box won’t get picked up. Be safe & take it to a hub!
(3) If you put a FedEx containing a cashier’s check in a drop box, that is a recipe for disaster!
(4) Once I put a FedEx in the drop box that never got delivered. FedEx found it a week later still in the box!

You might also like:

Are you a man or a mouse? – a story about Fedex drivers and how they knock!

What tasks can you do which are worth $1000 per minute?

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April 4, 2012

How much should a notary charge for swearing in a…

How much should a notary charge for swearing in a … 

Please keep in mind that notary rules, and notary prices vary from state to state.  Also, notaries engage in various types of notary acts involving Acknowledgments, Jurats (which include Oaths), Oaths, Affirmations, Protests, and more depending on what state is in question.
 
How much should a notary charge for swearing in a witness?
Notaries can swear in witnesses, and so can a judge, as well as other types of state appointed officers such as a justice of the peace, etc.  When you are swearing someone in, you are giving them an Oath.  You might have the affiant raise their right hand and ask them, “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”.  They might say, “Yes”, or “I do”.  
 
An Arizona Notary can charge $2 for administering an Oath
A California Notary can charge $10 for administering an Oath.
A Florida Notary Public can charge $10 for administering an Oath
An Illinois Notary may charge $1 for administering an Oath
A Maryland Notary may charge $2 for administering an Oath
A Michigan Notary can charge $10.00 for administering an Oath
A Notary in New York can only charge $2 for administering an Oath
A Notary in New Jersey can charge $2.50 for administering an Oath
An Ohio Notary can charge $1 for administering an Oath
A Pennsylvania Notary can charge $5 for administering an Oath
A Texas Notary can charge $6 for administering an Oath
A Virginia Notary can charge $5 for administering an Oath
A Washington State Notary can charge $10.00 for administering an Oath
A Washington DC Notary can charge $2 for administering an Oath
 
Note:  The price for Oaths and Affirmations in the mentioned states are identical.  We are only showing rates for highly populated states, and the rest of the state notary prices and notary rules and be queried by visiting our find a notary page.
 
Swearing in a Credible Witness?
If you need to use a Credible Witness as part of a signing, please consult your state notary manual to see if you can charge extra for each Oath you administer to them.
 
How much should  a notary charge for swearing in an affiant who is signing an affidavit?
Any time a person signs an Affidavit, or other document which requires a sworn Oath, the Notary (if they are using a notary) needs to have them raise their right hand and swear under oath.  The notary generally has to choose the verbiage for the oath which requires a small amount of skill and extemporaneous “improv” talent.   The notary should charge whatever their state allows as a fee for an Oath.
 
How much should a notary charge for swearing in someone who is not signing anything?
Sometimes the Oath accompanies a document that is going to be notarized, and other times it is an Oath of Office, an Oath for getting a commission, an Oath swearing them into court, or for a variety of other purposes.  The notary price for this type of Oath should be whatever the local state you are in allows a notary to charge for an Oath.
 
How do you document an Oath without a signature as a notary public?
Not all states require a notary to have a journal, but without a journal, you can not document any of your transactions, many of which might be very sensitive such as notarizations of Deeds, Powers of Attorney and other important documents that  could have high stakes involved.  If someone is taking a purely oral Oath with no paperwork involved, you should document this in your journal, and have the affiant sign your journal. You should document in the notes section of the journal that you administered an Oath, and write a few words describing what the oath was about.  The exact wording of the oath is not critical for the journal entry.  The notary price or notary fee for this type of act should be whatever the state in question allows a notary to charge for an Oath.

 Travel fees and waiting time?
Many years ago, I went to a lady’s house in Los Angeles.  She was having a court case by phone, and I was there to swear her in before the judge on the other end of the line.  I had to wait for 45 minutes, and had to drive twenty minutes as well. So, I charged a travel and a waiting fee.  I was a very reliable notary and got to this very critical appointment early, so I feel entitled to my fee!  Not all states allow travel fees or waiting time fees, so you need to know the notary prices and acceptable charges in your state of commission.

Tweets:
(1) How much can a notary charge for swearing in a Witness. A state by state fee chart!
(2) Notary Fees for swearing in witnesses range from $1 to $10 in the states we compared.
(3) How do you document an Oath that has no accompanying documentation? #Notary #Journal

You might also like:

FAQ: How much do notaries charge?
http://blog.123notary.com/?p=5317

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Pricing formulas for mobile notary work that include time spent
http://blog.123notary.com/?p=588

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