August 2012 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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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:

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

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