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August 31, 2012

The chicken & egg: Birth certificate problem solved

Filed under: Ken Edelstein — Tags: , , — admin @ 12:31 am

How to get a Birth Certificate with no Photo ID

I frequently get calls from people who need a document notarized because they have no ID. They are trying to get a copy of their birth certificate to rebuild a lost/stolen set of identification papers. But, the classic problem of needing ID to get ID comes into play. They want something notarized to apply for the key document – the certified copy of their birth certificate.

Of course I cannot comply with their request, as they lack “government issued photo ID”; my standard for notarization. However, I do provide them with the solution to their problem; if they can obtain a replacement for their lost credit card. Or, if they have some other credit card. For this to work the credit card must be in their birth certificate name.

Their salvation is the on line web service called Vitalcheck.com. They can order their birth certificate over the internet. But how is this possible? Surely they can’t just order one of the most secured instruments (at least in New York State), with just a credit card? Well, the answer is that they can – assuming they have “knowledge in their head”. Stick with me and I will explain how this is both secure and convenient.

Vitalcheck.com is a front end for ordering on line many government issued forms. They handle birth, death, marriage and divorce papers. And they do it securely – and all the applicant needs to have is a credit card with a name that is on the document. They also need that all important “knowledge in their head”. I have used the service myself and can explain how it works.

Vitalcheck.com has access to MANY “public records”. During my on line application I was presented with a series of questions (multiple choice) that an imposter would not be able to answer correctly. Briefly, I lived in Florida. One of the questions was “At which of the following addresses did you live”. Another was which of the following cars did you own. Similar questions about events in my past, all found in searches of public records assured them that I was indeed http://kenneth-a-edelstein.com. My birth certificate order was accepted based upon the information I was able to provide – unlikely for an identity thief to provide correctly.

You might also like:

Can a notary notarize a Birth Certificate?
http://blog.123notary.com/?p=2300

Must a thumbprint accompany a notarized document?
http://blog.123notary.com/?p=2289

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August 27, 2012

Notarizing Documents for the Elderly

Notarizing for the elderly: Making a difference

Notarizing documents for the elderly can sometimes be a precarious task. At best, it can also be very rewarding, a chance to save senior citizens from poor medical or financial decisions. Some of our notaries have recently done a great service by scrupulously looking out for this fragile population and speaking out in order to protect them.

A California notary tells us, “I was going to a signing, and I really didn’t have any information about the borrower. The caregiver for the elderly man answered the door, and said ‘Are you aware that Mr. Jones has Alzheimer’s? He thinks you are here to give him $3000. He was cleaning the house all night to impress you.’ Apparently, someone had called him from an Internet company and had gotten him to do the loan. The care attendant said she would have to call the man’s son. I left the loan documents with the man, and immediately called the loan officer. I said, ‘This man’s son has a power of attorney. If I hear of this man signing these documents himself, I will turn you in.’ I never heard from them again,” sighs the California notary, who knows to this day she provided an unanticipated service for Mr. Jones.

Another California notary from Oakland tells a similar story: he came to notarize a refinance, but the woman who owned the home did not want to sign. It turned out that the ‘relative’ who was claiming to have a valid power of attorney was not even related to the homeowner…but had somehow persuaded the lender that she had a POA–and was planning to drain $20,000 from the home and then put the woman in a nursing home. The notary got a bad feeling about all this when he first called to confirm the signing. The old woman confided in the notary her unwillingness to sign, and the notary, on a hunch, called the authorities. They arrested the “relative”…and an actual relative was called upon to assist. Luckily, the equity in the home remained intact, and our notary was very pleased. “It was just lucky that I realized what was going on,” he says, “and made the call. Some people might say it wasn’t any of my business. A notary actually is taken quite seriously as a ‘reporter’ in cases like this. I was glad I did what I did,” says our California notary.

“One man thought he was getting back $400 more on his loan than he actually did. When we went over the paperwork, he actually started crying. I was able to explain things to him, but he chose to call the lender and delay the closing…although he did end up closing that week. The lender did something for him, made some deal with him that made him feel better. Many elderly people feel they are being taken advantage of, and many are in a position of weakness. I see a lot of happy, wealthy elderly, some who own several houses in several parts of the country. I also see a lot of poor people who are elderly and who never recovered from 2008,” says one Hawaii notary with relatives in California. “We are trying to do more to protect them.”

A Hawaii notary in Honolulu who does a lot of notary work with the elderly tells us, “Sometimes at a hospital signing I have to determine whether or not the person knows what he or she is signing. I ask the person’s name and I keep asking questions. If the person does not know what he or she is signing, I leave.” Our astute young Hawaii notary adds, “There are lots of times there is a doubt as to the competence of the person, and you really have to be very sure. Your have to protect their interests. That is why it is good that California, for instance, just passed a new law regarding notarizing a power of attorney.” [see blog June 3 2012 “A New California Notary Law”]

Tweets:
(1) Notarizing documents for the elderly can sometimes be a precarious task; at best very rewarding
(2) “Are you aware that Mr. Jones (the signer) has Alzeimers? He thinks ur here to give him $3000!”
(3) Many elderly signers feel they are being taken advantage of, and that they have a weakness.

You might also like:

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

Dragging the person’s arm: A signing for an elderly woman
http://blog.123notary.com/?p=610

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August 17, 2012

Stealing a Business Name

Stealing a business name 

One of our notaries was accused of stealing someone’s business name.  The notary went to a signing and said she was associated with some other gentleman with a particular name. I don’t remember the name, and would be confidential in any case.  The client was having some paperwork notarized that would be used to register a company name in Wyoming
 
I couldn’t figure this situation out, so I emailed the client, and they said that the notary name was registered the next day by the friend of the notary, but not the notary themselves.  They registered his business name before he could register it.  Why would someone go out of their way to steal someone else’s business name?  This poor client had already printed out business cards and mailing labels with his future business name, and now he couldn’t register it.
 
What a sad story.  The moral of the story is don’t print your cards until your business name registration is complete.  Someone else can register that name up to seconds right before you attempt to!!!

Notaries are encouraged to register their business names, and get a business license. Notaries with official business names get considerably more business than those that don’t have a notary business name!

Tweets:
(1) One of our notaries was accused of stealing a signer’s business name right before it got registered!
(2) One of our notaries registered a clients’ business name 24 hours before the client went to register it.

You might also like:

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

Funny sounding business names: Grandma’s notary service & more!
http://blog.123notary.com/?p=4231

Notary business names
http://blog.123notary.com/?p=2302

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

Business Licenses
http://blog.123notary.com/?p=742

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August 5, 2012

Power of Attorney and Verifying Capacity

Powers of Attorney and Verifying Capacity 

Recently, we had two notaries that had situations where they felt obligated to stick their head into other people’s business.  Both notaries were doing signings for an attorney in fact, and both notaries wanted to see the power of attorney to verify if the signer indeed had that capacity.  But, this seems to be going above and beyond the job of a notary public.  A notary’s job is to identify a signer, and make sure the signer really signed the document, keep a journal, and fill out certificate forms.
 
So, does the notary need to verify the capacity of the signer: i.e. as an attorney in fact?  In California, notaries are prohibited from identifying a signer’s capacity.  But, what about other states?  I have no idea!  Maybe our readers can comment. We will have a facebook discussion on this topic as well to stimulate dialogue.
 
I feel it is only the notary’s job to notarize the signature of the signer, and acknowledge that that particular person signed a document.  If that person claims to be an attorney in fact, that is their business. Whether the signature on the notarized document will be recognized in court as an official siguature of an attorney in fact is another story, especially if the “missing” power of attorney form doesn’t show up. I saw let the courts worry about authorization, it is beyond your job as a notary!

Tweets:
(1) When you notarize for an Attorney in Fact, is it your job to verify the signer’s capacity?
(2) It’s only the notary’s job 2identify the signer, not to determine if they’re authorized to sign in a particular capacity.

You might also like:

POA — proceed on alert
http://blog.123notary.com/?p=14661

Notarized Power of Attorney
http://blog.123notary.com/?p=9862

Parties involved in a Power of Attorney
http://blog.123notary.com/?p=21439

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July 17, 2012

Fees at the door MISUNDERSTOOD on Facebook

Fees at the door MISUNDERSTOOD on facebook 

Tisk tisk: notaries on Facebook.  You mostly misunderstood my discussion question about getting fees at the door for signings to prevent beneficial interest. this discussion took place in Jan 2012. I was NOT talking about loan signings.  At Loan signings they pay you three or four months AFTER the signing if you are lucky, not in cash at the signing. It is very obvious that I was talking about doing a traveling notary job for an individual person.  The problem is that most of you depend solely on loan signings for your living when there are many jobs for individuals which you either don’t know how to handle or reject because you are not familiar with it.
 

A typical botched jail notary job
Let’s say you drive 45 minutes to a jail to meet the girlfriend of a criminal.  You meet her in the parking lot or in the front door of the jail.  Let’s say you don’t collect your travel fee of $50 at the door.  Let’s say that hypothetically you walk to the guard, fill out the forms, but lo and behold, the prisoner has been moved to another jail 90 miles away.  Then you say, may I have my travel fee please.  The girlfriend says, “BUT YOU DIDN’T DO ANYTHING”.  And then you say, “Sure I did, I drove 45 minutes, talked to you on the phone, walked in here, and now I have to drive 45 minutes back home, and also go to the gas station which takes more time and money.  Pay up!!!  You will get stiffed, because they will feel that they do not owe you if you didn’t quote unquote DO ANYTHING. 
 

Yet another hospital notary job
Let’s say you drive an hour to a hospital at 3am to accommodate some desperate people.  You don’t get your travel fee at the door in cash like I recommend.  You go upstairs with the signer’s son in law only to find that the signer is on morphene, fast asleep, and in no position to sign anything or even sit up.  You ask for your travel fee for your 2 hour round trip, and the son in law says, “Sorry, but I’ll pay you when you come back next time, I didn’t realize that the nurse drugged Shelly’s dad”.  You just got stiffed again.
 
This isn’t rocket science. If you work with the public, they will leave you high and dry if you don’t protect yourself.
 
3rd example… beneficial interest
Lets say you go to a notary job.  You do NOT collect travel fees up front. Let’s say that the signer’s name on their ID doesn’t match the name on the document enough for you to legally or ethically notarize them.  They say, “Oh come on — you are being unreasonable”.  They say they won’t pay you a penny unless you notarize the signer. They have you by the balls because you didn’t think ahead.  If you have the travel fee up front, then you are in control and will not be persuaded under duress to break the law so you can get your lousy fee!
 
Last example:  The law office.
You are called into a law office 10 minutes away. You are instructed to show up at 1pm for a signing. Your trip fee is $30 and your waiting time fee is $20 per half hour with the first ten minutes complementary.  Let’s say that you never collected your $30.  The attorney says they won’t be ready for another 10 minutes.  But, 10 becomes 20, and 20 becomes an hour, and then finally after 90 minutes, you finally do the signing, and then they pay you, but they won’t pay for the waiting time.  If you had gotten your $30 at the door, you could threaten to leave if they don’t pay the wait time up front for each 30 minute increment.  If you don’t have the trip fee, you have no leverage. This has happened half a dozen times to me in my notary career!

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You might also like:

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

What are mobile notary fees?
http://blog.123notary.com/?p=21383

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July 14, 2012

Protecting yourself with a contract

Protecting yourself with a contract 

It is common for big companies to make the little guys sign a contract with many terms for doing business. One common term is to have an arbitrator resolve issues, and the arbitrator is probably picked by the company in question — how fair!!! ……. Not!    But, how often do the little guys think far enough ahead to protect themselves?  I say that notaries need to make signing companies sign something that will protect the notary’s interests.  But, will anyone sign it out of desperation? If they like the notary enough, they might, but if you are a novice with no experience, you will not have such good luck.
 
Here are terms that I would discuss.
 
Trip Fees
If I am assigned a signing agent / notary job by your company, and travel to an assigned location, and the job is cancelled while in travel, I want a $50 trip and preparation fee.  I want $75 for jobs more than 40 miles from my house according to mapquest’s mileage estimates.
 
Printing Fees
If I am assigned a signing agent / notary job by your company , print out documents and borrower’s copies, and then your company cancels, I want a $40 printing fee.   (it might not be worth this much, but you have to factor in the hassle of billing these clowns and trying to collect).
 
Payment regardless of funding
If I am assigned a loan signing job by your company, and I complete the signing, but the loan doesn’t fund, your company must pay me $100 per signing.
 
Payment regardless of if the borrowers are willing to sign
If I am assigned a loan signing job by your company, arrive at the specified location, and start a signing with the borrowers, and then they change their mind about signing and refuse to sign, your company must pay me the entire fee agreed upon.
 
Waiting time
If I am assigned a loan signing job by your company, I will allow up to 60 minutes for the job.  If the borrowers want to read every letter of every word in every document and take in excess of 60 minutes, I require a waiting time fee of $40 for every additional 30 minutes, or any fraction thereof.
 
Late payment penalties
I expect to be paid within 30 days for all loan signing services.  If a payment is post-marked late than 30 days from the date of the signing, I will charge a late fee of $25 per signing, and then an additional $25 for each fifteen days after.  If you fail to pay this late fee, I will terminate services with your company.
 
I think that notaries are fools to just be willing to do business with anyone without even background checking them.  On the other hand, a contract like the one I drafted (written in informal language and not legalese) might be too demanding, especially the waiting time.  Perhaps a more liberal contract should be drafted, but notaries need to take protecting themselves a lot more seriously and get more professional and methodical about it.  Bigger companies almost always make you sign a contract, why shouldn’t you?

You might also like:

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

Pricing formulas & time spent
http://blog.123notary.com/?p=588

Signing Stream makes notaries sign a contract that they won’t write anything on forums.
http://blog.123notary.com/?p=13640

Notary Marketing 102 – a complete and free marketing course
http://blog.123notary.com/?p=19774

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June 30, 2012

Can a notary public act as a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:13 pm

Can a notary public act as a witness? 

We already have a very thorough blog entry entitled:
 
Can a notary be a witness?
 
That contains all pertinent details regarding notary witness requirements and procedures.  To sum it up, a notary can act as a witness in any state in their capacity as an individual.   However, in Delaware, and Washington State, and perhaps a few other states, a notary can do witnessing as an official notary act, and charge an official fee set by the state for their services.
 
Is it better to hire a notary to be a witness?
Since notaries work exclusively with signers, signatures, documents, foms, certificates, etc., many people feel that notaries are better equipt to handle the (not so vigorous) responsibilities associated with being a witness.  Additionally, notaries have been screened by their state and are more likely to be honest upstanding citizens — or at least that is what many of us like to think.  The reality is that some notaries have no idea what they are doing, while others are very particular about witnessing, and documenting information in conjunction with witnessing. 
 
Why would it matter who you picked as a witness?
If someone witnesses a document signing or a Will signing, it doesn’t matter much who they are provided they are at least 18 years of age.  On the other hand, if the witness ever needs to be contacted after the fact, it is good if the witness has lived in the same place for a long time so you know where to reach them.  If your witness works for the circus or lives in a caravan and moves around a lot, you might never see them again. Having a witness who is a notary might help if they provide some extra documentation for you. Additionally, a mobile notary supposedly knows how to show up at the appointed place at the appointed time and might be more reliable with logistics.

You might also like:

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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

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June 22, 2012

Notary Public Oath of Office Information

Notary Public Oath of Office Information 

Each state has a different procedure for becoming a notary.  But, it is common for states to require a newly commissioned notary public to purchase a bond and file it with the county recorder. When the notary comes to the recorder’s office to file their bond, it is also common for them to have to take an Oath of Office, and file their oath at the county recorder’s office as well.  California requires notaries to file two completed copies of their oath with the county recorder. Remember not to sign the Oath documentation until the clerk at the county clerk tells you to!
 
The Oath of Office
Generally, the Oath will be a piece of paper with a quick statement that you swear to. You will need to raise your right hand and swear or affirm under oath that you swear to tell the truth, the whole truth, and nothing but the truth, and you will have to agree to the terms in the document.  You need to sign in the presence of the clerk, and then the clerk will affix their stamp to the Oath paperwork.
 
Verbiage for the Notary Oath of Office
Here is some sample wording from Michigan’s Department of State:
 
Do you solemnly swear that you will support the Constitution of the United States and the Constitution of this State, and that you will discharge the duties of the office of Notary Public in and for said County to the best of your ability?

You might also like:

2019 Oath of Office for Notaries FAQ
http://blog.123notary.com/?p=21427

When are you required by law to do Oaths?
http://blog.123notary.com/?p=21017

Has anyone failed the notary public exam?
http://blog.123notary.com/?p=1999

Vampire notaries: 24 hour service
http://blog.123notary.com/?p=4094

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June 19, 2012

Texas, Utah, and Virginia e-notary rules

Texas e-notary rules
http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np23
Any Texas Notary Public may perform an electronic notarization.  An e-notarization must meet the requirements of any other notarization such as personal appearance of the signer.  The electronic seal must meet the same requirements as a conventional seal. All parties must agree to have the notarization done electronically.  Please refer to Texas code (law) 322.011
 
Utah e-notary rules
http://notary.utah.gov/ – please click on the 2010-2011 Study Guide section 3.
Based on the Utah Notary Handbook, notarizing of an electronic signature requires personal appearance and certification of a signature made voluntarily.  No other information was given.
 
Virginia e-notary rules
We are including this information on separate post.  Please visit the link below to see that information. The information we have about Virginia e-notarizations is by far the most thorough that we were able to find for any state in the United States. Please see Virginia e-notary rules for more information.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

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June 13, 2012

Florida e-notary rules

Florida e-notary rules
http://notaries.dos.state.fl.us/education/elecnot.html
The information in this link is very hard to follow or understand.  It looks like all Florida notary public applicants must be trained in notary rules as well as e-notarizations before they can be commissioned at all. I didn’t see any restrictions as to who could do e-notarizations, so I will assume (perhaps incorrectly) due to the lack of clarification that any Florida notary with an electronic journal can perform an e-notary act.
 
Here is an interesting excerpt:
“Notarization and Acknowledgment
(a) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.”

You might also like:

What can an e-notary do?
http://blog.123notary.com/?p=2706

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

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