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December 2, 2011

How do you let people know you are a notary?

Filed under: Marketing Articles — Tags: , — admin @ 6:15 am

How do you get the word out that you are a notary public? 

Notaries get their work from advertising in the yellow pages, online, word of mouth, networking, and from people you know or work with.  So, how do you get the word out that you are a notary and want to offer your services to others?
 
Pass out the cards!
You can walk around your neighborhood and pass out business cards to people in neighboring businesses. They will like the fact that they recognize you and that you are walking distance.  They might receive regular inquiries from walk-ins that need a notary public, and now, they will know where to refer those people!
 
Nursing homes are a great place!
Once again, pass out your business cards to the relatives of the patients at convelescent homes.  They will need you sooner than you think. Give the staff your card too.
 
Jails and bailbonds people need notaries too!
The people in the waiting rooms of jails might need a notary public faster than you can say, “lockdown”.  Bailbonds people generally have their own in-house notary, but they are out sick or quit from time to time.
 
Advertise online
123notary.com is a great place to advertise your mobile notary services. We train people how to get into this line of work. It is not hard to get in if you are serious!
 
Yellow pages
This is expensive, but if you are serious about getting mobile notary work, a yellow page ad could get you business for years to come. People tend to keep these books around for years.  Online yellow pages sometimes work and sometimes don’t.  You really have to try these yellow pages one by one to see what works and what doesn’t.

You might also like:

Business cards for mobile notaries – what to put on them, who to give them to, etc.

Everything you need to know about notary advertising

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

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How much can a notary charge in 2014 / 2015?

How much can a notary charge for a …

Q. How much can a notary charge for a witness signature?
A. The notary can charge whatever your state’s maximum notary fee is if you are notarizing a signature of a witness. Please visit our find a notary page, and then look up your state.
http://www.123notary.com/find-a-notary-public.asp

Q. How much can a notary charge for travel?
A. Most states allow a notary to charge whatever the client will pay for travel, but a handful of states have travel fee restrictions such as New Hampshire, Arizona, and a few other states. Please visit
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4231

Q. How much can a notary charge for a copy of a journal entry?
A. In California, 30 cents per journal entry. However please visit the state notary division website of the state in question for a state specific answers. This type of notary act does not have a fixed fee in most states by the way! Californians are lucky that they get to capitalize on this rare opportunity!

Q. How much can I charge to notarize for an inmate? How much to charge for notary services in Jail?
A. The actual fee for the notarizations is whatever your state maximum fees are. However, travel fees and waiting time fees are whatever you and your client agree on unless you are in a state that has travel fee restrictions.

Q. How much should a notary charge for swearing in a witness or a signer?
A. Most states have a set fee for administering an Oath… you can charge that fee.

Q. What is the maximum fee a notary can charge for an Acknowledgment in 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum fee a notary can charge for a Jurat in 2013, 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum charge for a notary in my state?
A. The fee depends on the notary act, so please look your state up on our find a notary page on 123notary.

Note to readers
This blog entry was written in 2011, but modified in 2013 & 2014. Prices in 2015 & 2016 should be the same as in 2014 in most states. Find a great notary on 123notary!

Tweets
(1) How much can a notary charge for Travel, Copies of journal entries, Witness signatures & more!
(2) How much can a notary charge for an Acknowledgment, Jurat, or notarizing an inmate?

You might also like:

Q & A about various notary fees in 2013
http://blog.123notary.com/?p=4291

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

Read blogs about California Notary issues!
http://blog.123notary.com/?tag=california-notary-public

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December 1, 2011

Can a Georgia notary notarize a Florida property document?

Can a Georgia notary notarize a Florida property document?

Loan signings are common across the United States.  Any notary in any state can notarize almost any document within the confines of their state, but the document can be from out of state, or out of the country.  Notaries should refrain from notarizing copies of vital records, and Wills are generally avoided in many states as well.  Just as long as a Georgia Notary has their two feet in Georgia, it is okay to notarize a Florida document, or a loan signing for a property in Florida. 
 
Non-attorney Georgia Notaries are prohibited from doing loan signings for properties in Georgia, but, I don’t know any restriction for them as far as notarizing loan documents (packages that generally include Deeds of Trust, Mortgages, Grant Deeds, Quit Claim Deeds, Notes, Notice of Right to Cancel, etc.) that are from Florida, or some other state.
 
A Florida notary can also notarize documents that are to be recorded out of state.
 
One critical piece of information is that the county recorder in the state that a document is going to be recorded — have standards.  They might insist on their state’s notary wording to be on the notary certificate.  They can reject a document if the notary wording is not up to their standards, or if there is a smudgy seal, etc.  That is the job of the person who prepares the documents, and not the responsibility of the notary. A Georgia notary public, or any notary for that matter is allowed to make legal decisions for their clients which includes what type of wording to use, document drafting, or choosing the type of notarization to do, i.e. acknowledgment, jurat, protest, etc.

You might also like:

Letter to Florida Notary Division
http://blog.123notary.com/?p=19896

Unauthorized practice of law in the notary profession
http://blog.123notary.com/?p=21317

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

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November 29, 2011

Can a notary perform a wedding or marriage?

Can a notary perform weddings?  Can a notary perform a marriage?
 
There are only three states that allow notaries to perform weddings.  If you are a Florida Notary Public, Maine Notary Public, or a South Carolina Notary Public, you can solemnize a marriage or officiate at a wedding. However, you might need some extra qualifications and authorizations from your state, so please ask your state notary division what you need to do to be able to officiate at weddings. Being a member of the clergy is helpful but not necessarily required to become a wedding officiate.
 
Can an Arizona notary perform a wedding?
No, an Arizona notary may not perform a wedding.
 
Can a California notary perform a wedding?
Sorry, that is not possible. Please find a specialist who is authorized to perform a wedding such as a priest, rabbi, clergy member, magistrate, marriage commissioner, or ask your local county clerk’s office, etc.
 
Can a Florida notary perform a wedding?
Some Florida notaries have the paperwork necessary (and the skill / specialty) to perform marriages.  123notary.com has a handful of Florida notaries who perform marriages as their primary vocation.
 
Can a Maine Notary perform a wedding?
Maine notaries can get licensed to perform marriages.  There are a handful of Maine notaries who perform marriages on a regular basis, and you can find them on the internet.
 
Can  a Maryland Notary perform a wedding?
No, a Maryland Notary may not officiate at a wedding.
 
Can a New Jersey Notary perform a wedding.
No, a New Jersey Notary may not perform a wedding
 
Can a New York Notary perform a wedding?
No, a New York Notary Public may not officiate at a wedding.
 
Can a Pennsylvania Notary perform a wedding?
No, a Pennsylvania notary can not perform a wedding ceremony.
 
Can a South Carolina notary perform a wedding.
With special authorization from the state, a South Carolina notary public may perform marriages.
 
Can a Texas notary peform a wedding?
Sorry, that is not allowed. Please consult a priest, rabbi, clergy member, or your local county clerk’s office.
 
Don’t see your state mentioned?  If you are not in FL, ME, or SC, a notary may not officiate at your wedding!

.

You might also like:

How much should a notary charge for swearing in a witness?
http://blog.123notary.com/?p=2447

My big phat geek wedding
http://blog.123notary.com/?p=17053

Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?p=15132

Notary Dating & Romance from A to Z Compilation
http://blog.123notary.com/?p=17451

Did you know? Random interesting notary facts
http://blog.123notary.com/?p=2818

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What is a Magistrate?

Filed under: Legal Issues — Tags: , — admin @ 6:32 am

What is a Magistrate?
 
A Magistrate is an officer of the state that has similar powers to a Judge, Justice of the Peace, or Prosecutor.  Since this blog is written from the perspective of the notary public industry, a Magistrate can often perform the same types of acts that a Notary Public can such as Acknowledgments, Jurats, Oaths, Affirmations, etc.
 
Origins of the term Magistrate
The office of Magistrate originates from ancient Rome, where a Magistrate was one of the highest offices, by definition. These Roman Magistratus were so high in office, that they were only subordinate to the legislature, and they were normally members of that group as well.   These Roman Magistrates had Judicial and Executive powers.
 
Magistrates in the US
In the United States a Magistrate is generally a type of independent judge who is capable of issuing warrants, reviewing arrests, who can do a hearing and make decisions based on a particular matter.  Magistrates on the state level usually handle cases not exceeding a particular dollar amount — hence handling smaller matters.
 
Where can I learn more about Magistrates?
Please contact your Secretary of State in your particular state, or visit your state’s notary division website, as they sometimes have information about this profession.

You might also like:

Read about the office of Justice of the Peace
http://blog.123notary.com/?p=103

Information about various notary procedures
http://blog.123notary.com/?p=2268

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Notary Certificates,  Notary Verbiage & Notary Wording

Notary terminology is sometimes confusing, so there are a few things to remember.  There are different types of common notarizations.  Acknowledgments and Jurats require certificate wording (notary wording), and Oaths and Affirmations could be purely verbal.  A Jurat requires that an Oath or Affirmation accompany the signing and certificate wording (notary wording, notary verbiage).  An Acknowledgment is purely paperwork in most cases, however, I have seen even an Acknowledged signature have an accompanying Oath.  80% of notarizations are Acknowledged signatures, while roughly 19% are Jurats, and the remaining 1% would be a mixture of other types of less common notary acts.
 
Acknowledged Signatures
The 2011 & 2012 notary certificate for an acknowledged signature includes a venue (documentation of county & state), the name of the notary, the name of the signer, the fact that the signer appeared before the notary and acknowledged signing a particular document.  The current notary verbiage on this form should include the date of the signing, and the signature and official seal of the notary as well.  The actual notary verbiage differs from state to state.  California notary verbiage is a bit different than Ohio notary verbiage.  Also, Ohio has different types of acknowledgments such as corporate acknowledgments and an attorney in fact acknowledgment.  You should ideally research your state’s notary verbiage to see what it is.  If you visit our find a notary page, there are links to states, and on the state pages, you can find a lot of information about acknowledgments and jurats in those states.  We have detailed information for Florida, Illinois, Michigan, California, Arizona, Ohio, and a few other states as well.
 
Jurat Signatures
The notary certificate for a jurat signature / oath has changed in many states. It is/was normal to have a venue, and then say, “Subscribed and sworn to before me (name of notary) by (name of signer) on (date).”  Then there would be a signature of the notary, and a place for the official notary seal.  Jurat verbiage also can differ from state to state so please look it up on google. 
 
Certificate forms.
Notary certificates can be notary wording / notary verbiage that is embedded on the last page of a document, or sometimes within a document if there are intermediary signatures.  If the notarial wording is NOT included, you must add a loose certificate and attach it to the document (by stapling). 
 
Filling out the forms.
Many notaries don’t understand how to fill out notary wording on certificate forms.  Let’s say a guy named Paul Solomon is the signer.  If the form says,
 
(note: this is not real Florida notary wording — I am making it up for educational purposes)
In real life, the Florida notary certificate is much simpler than this, but in other states there are cross outs that the notary needs to make. 
 
State of Florida
County of Brevard
On 8-11-2010 before me John Doe, notary public, the foregoing document was acknowledged before me by Paul Solomon, who acknowledges signing the document in his/her/their capacity(ies).
 
(notary seal)
 
In this example, it is the notary’s job to cross out the “her” and “their”, and the “ies” in capacities.  More than half of notarizations that I have seen were done by notaries who omitted to do the cross-outs.

You might also like:

Notary boiler plate wording
http://blog.123notary.com/?p=2432

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Notary Verbiage & Notary Wording
http://blog.123notary.com/?p=18854

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November 25, 2011

Payment terms – set by the Buyer or Seller?

Filed under: Ken Edelstein — Tags: — admin @ 9:11 am

Payment terms – set by the Buyer or Seller?

As often discussed “in the old days” the “Closer” had “pickups” and earned a significantly higher fee than current signing agents. Sure they took risk, but the higher fee (often several hundred dollars) made up for the few that did not fund…..

Fast forward to today. Notaries are the “seller” of their “signing agent services” and the buyers are Signing Services, LO’s, Title companies, Escrow companies, etc.

In every other case that I know of – it is the SELLER who sets the payment terms. The seller / service provider sets how and when they are to be paid. Common sellers are Ebay merchants, Exxon, McDonalds, your dentist, even the babysitter. As the BUYER in almost every case – you make payment “up front” prior to getting the service or merchandise. There are exceptions; when you leave your car for service, you pay when you pick up the car. Or, you don’t get the car and a “mechanics lien” kicks in and the car is either taken or held till payment is made.

What baffles me is the supposed “industry standard” whereby notaries are expected to up front expenses, services, and professional time; in the “hope” of later payment. Some, actually as I read the various posts, many – are never paid.

As mentioned the high fee true “closer” was paid at closing, and “on the HUD” – paid according to law – on time, with other disbursements.

With the proliferation of, to phrase it gently, “problem receivables”; I just don’t understand why so many notaries do not require “up front” payment. Almost all of my individual (non-signing) work is received in advance. My standard answer as to “why in advance” is that it is dangerous for me to go from place to place adding cash – it’s much safer for me to be paid by credit card. “Why in advance?” – because many cards often fail clearance. I tell clients that they receive a nice receipt from PayPal – and I receive a scheduling notification. Simple, clean and effective.

I require the same of all but the highest rated signing related work. Unless they have the best of 123 AND Rotary feedback – it’s in advance or I decline the job. I would not be able to maintain this policy if it was costing me a big chunk of work – but it is NOT. With “pay in advance” I can accept work from the WORST “duds” that most would turn down due to their “no pay / slow pay” reviews. That’s not a problem when the money is already in the account. Why would they do such an about face – because they are desperate to farm out the job to keep THEIR client happy. Soooooo, don’t have a “won’t take work from dud list” – have a PayPal account – and insist the dud’s prepay!

I have brought this subject up in various postings. Again I urge all to open a PayPal account and request/require advance payment. It greatly helps to have a website that provides assurances about your integrity.

It is the seller not the buyer who establishes the terms of the sale. You are selling your services; “they” are buying them. Putting up with the various delays, deductions, and out and out ripoffs makes as much sense as pulling into an Exxon station and asking them to fill the tank and “invoice” you. BTW: using a credit/debit at Exxon is still paying Exxon in advance – just not with cash.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com

Please also see:

2018 Good Signing Companies – a thorough list
http://blog.123notary.com/?p=21091

Bouncey Bouncey Paypal
http://blog.123notary.com/?p=21046

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

How far do you go to push for payment terms?
http://blog.123notary.com/?p=22590

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November 24, 2011

How do I get an Apostille or Authentication?

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office.  Due to budget cuts, Secretary of State Offices are not always closeby, so it can be labor intensive to get to them.
 
What is an Apostille?
An Apostille CAN BE a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that are NOT members of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from.  In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.
 
Some documents need to be authenticated before you can get an Apostille, while others don’t.
 
How do I get an Apostille?
You might consider contacting an EXPERIENCED notary who has been through the Apostille process many times.  There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.
 
Q. Can you recommend a few notaries who are experts in the Apostille Process?
A.  Yes, below there is list of notaries in various locations who know the process well.
 

San Diego, CA — Joe Ewing

 
Los Angeles, CA — Carmen Towles
 
San Francisco, CA — Glenn Turner


Sergio Musetti — Cotati, CA

 
New York City, NY — Linda Harrison
 

Oradell, NJ — Linda Harrison

 
What is an Authentication?
This certificate accompanies an Apostille.  The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.
 
When do I need an Authentication?
This is a tricky question.  Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

Apostille general information
http://blog.123notary.com/?p=21419

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

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November 22, 2011

Make your own notary certificate forms!

All the right words in all the right places
 
Many notaries call us and can’t find good notary forms.  We say, “You’ve been lookin’ for forms in all the wrong places, lookin for supplies in too many faces, searching the internet and looking for traces….”.  Honestly, we send many people to the NNA.  They make / sell excellent notary forms, supplies, journals, acknowledgment pads, jurat pads, bonds, etc.  But, what about the obvious alternative?  Forms are expensive, and acknowledgment pads and jurat pads are space consuming in your little notary bag, right?
 
Make your own
It’s not hard to typeset an acknowledgment form or Jurat form on your computer.  Just put your state notary verbiage or notary wording in the correct order, a venue, a place to sign and seal, or whatever your state requires.  You can photocopy this very cheaply at Kinko’s or wherever.  Make as many as you want.  Copying someone else’s copyrighted form is not legal, and not worth it.  You can’t copyright notary verbiage, and that works to your advantage!

There are other advantages in creating your own Acknowledgment Pads / Jurat Pads / Notary forms with your state notary verbiage too.
 
Branding?
If you create your own notary forms, and make them attractive, you can also put your notary company information and phone number at the bottom.  This is very smart branding.  Then, whenever anyone looks at how beautiful your notary forms are, they will think of you and call you too.  You could even put a company logo at the bottom of the form under the notary verbiage.   Times are tight these days, so you need every edge you can get, and this is not that much work to coordinate.

 How much can you save?
Notary pads of professionally made forms can cost you $9 per notary pad more or less, plus tax and shipping.  It adds up.  If you buy in bulk, then you might get a slightly better price.  There are generally 100 certificates per pad.  How much would it cost to have 100 pieces of paper copied at a discount printing place?  If you did 500, you might be able to get away paying $10-15.  Or just print them out on your laser printer, and print as many as you need, and when you need it.
 
Other forms?
I had a detailed permission to travel form for minors traveling with accompanying adults.  It was easier to do it with a form instead of writing it out for people each time. There is so much content that goes on that form.  BTW, in Florida, notaries should not offer to write documents.  The name of the child, who their parents are, who they are traveling with, when they were going, where they were going, and when they were coming back. I had signature lines for everyone and little places for thumbprints.  The feedback was that the security at the airport appreciated the thoroughness of the forms and my embosser’s impression.  Very professional!  They were probably used to handwritten confused looking letters and sick of it!
 
Designs?
If you have a good designer, you can add designs to the paperwork.  This is for full-time mobile notaries only.  It can get expensive using designers, but you will make a great impression if you have great stationary!  Think of your Jurat pad as a stack of resumes!

Tweets:
(1) You can purchase notary forms from the NNA, but if you make your own you can put your biz name & Phone #.
(2) If you make your own certificate forms, you can put your business name & phone number at the bottom!
(3) I used to make my own permission to travel for minors form with blanks for dates, names & thumbprints!

You might also like:

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Everything you need to know about notary journals

Notary Acknowledgment Information

The signing from hell

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November 21, 2011

Can a notary get in trouble?

Can a notary get in trouble?
 
Notary trouble…
Do you know a notary in trouble?  Have you ever heard of a notary losing their commission or getting fined for misconduct or neglegence?  The answer is — yes, but they generally don’t get caught.  If you are a notary public, it is your responsibility to know your state notary laws, and keep up to date with law changes.  Notary laws change little by little, year by year.  As a general rule, if you deliberatly do something fraudulent that injures another party, you could get in huge trouble or even jailed.  If you make an honest mistake and someone else has a financial loss, you might get in trouble too. If you make a minor mistake or are neglegent in maintaining your certificates or journal, you could get in trouble, but there would be no pressing reason for the authorities to catch up to you.  My advice is to be an expert in your trade and don’t goof!!!  Don’t take liberties, and follow the law to the letter without going to excesses.  Some notaries on our site go overboard and don’t want to advise someone to breath without consulting an attorney — those people are extremists!!!
 
Can a notary get in trouble for notarizing a family member?
Notaries can not notarize a document that they have a beneficial interest in, and family business might be of financial interest to you.  I would avoid notarizing your spouse’s signature or close family member’s signature especially if the document has any financial overtones.  However, distant family members where you have no financial entanglements might be okay.  This is a gray area, and it is better to be safe than sorry. It’s more “kosher” to find a notary who is a third party who is not involved in your life.
 
Can a notary get in trouble for not witnessing a signature?
A notary must witness the signing of a document when performing a Jurat.  However, the notary is NOT responsible for witnessing the signature in an Acknowledged signature.  But, the notary MUST witness the signer signing the notary journal (if your state requires journals — and it is a good idea to keep a journal in any case).  A notary is not exactly a witness except they can function as a witness as an official notary act in Delaware and New Hampshire as far as I know.  The notary’s main responsibility is to identify the signer and be sure that the signer is the one who really signed the document.
 
Can I get in trouble for being a notary?
Just follow the laws and have E&O insurance, and you will most likely be okay.
 
Can notaries get in trouble? Can a notary be in trouble? Could a notary be in trouble?
Yes they can get in big trouble, but if they follow the law, then they will most likely be okay.
 
Can a notary get in trouble for goofing a signature?
The notary signs their own signature on the certificate form generally nearby where their stamp goes.  But, it is the signer who signs the document, and it if the signer goofs their signature, they can sign again.
 
Can you get in trouble for signing a loan document?
Yes, the borrower is responsible for the loan that they sign. The notary is responsible for making sure everything is signed properly.
 
Have notaries ever got in trouble?
I have only heard of one serious case where a notary commited some serious intentional fraud and was put in jail.  Most notaries do not know what they are doing and fill out forms incorrectly, but for some reason don’t seem to get in trouble.
 
How can a notary get in trouble?
If you engage in fraud involving real property you can be jailed, and that is the most serious crime that I have heard of for notaries.  Assisting a party forge a signature and getting notarized is very serious in any case.  If you send notary certificates without a party being notarized, that is a case where a notary can be fined and lose their commission.  There are notary handbooks that go over several dozen types of violations and what the fines are. The fines are different across state lines, but notaries can be fined, and their commissions can be revoked, suspended, terminated, or their notary division could refuse to renew their commission, etc.
 
So, now you have learned a few of the ways that a notary can get in trouble.

You might also like:

Can a notary be a witness?

Things that get notaries complaints

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

Can a Notary get in trouble? 2019 Version
http://blog.123notary.com/?p=21429

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