September 2012 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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September 20, 2012

What can an e-notary do?

What can an e-notary do? 

An e-notary does more or less what a regular notary does. The difference is that the e-notary has an electonic journal and electronic notary seal and notarizes electronic documents.  Some might even have an electronic girlfriend too!  So, the biggest matter of confusion is that people don’t understand that the signer has to appear before the e-notary. It is unclear if personal appearance will always be necessary in the future though.  At one point, we read that Arizona e-notaries could notarize without personal appearance of the signer, but now they require it and the evidence of the old rule is gone!
 
The basic procedure for mobile e-notaries
So, basically, a mobile e-notary will go to a signer’s house, the signer will login to a website, sign some electronic documents, the notary will login and apply his/her e-seal, and have the signer sign the e-journal, and that is that.  You will have to visit face to face with the signer just like now.
 
Will our lives change?
It looks like we might have to lug around digital signature pads in about 20 years when this technology gets popular.  When you go to the supermarket, you are doing digital signatures right now, so you are already used to it!  It looks like our lives will not be altered in any significant ways.

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The pros and cons of eNotarizations
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September 18, 2012

Notary Stories From the Edge

Rarely, but sometimes, a notary signing agent will meet people who try to give him or her an unacceptable ID…or people who claim they really do not need an ID at all– because they do not want to sign! An ID must be government-issued; unacceptable forms of ID are fishing licenses, YMCA cards, or medical marijuana cards. Gun permits are government issued, and in some states are the most popular form of ID. You may have read elsewhere here about the mistress who actually had a fake ID made up so she could pass as the man’s wife and they could take all the money out of the home (!). Being sure people are who they say they are can be a real challenge, it seems.

The most unusual situation I’ve heard about is the time that, when asked for his ID, a borrower bragged–foolishly–to an Ohio notary signing agent that his identical twin had once gotten a driver’s license for him! He went to the Bureau of Motor Vehicles, posed as his brother, and obtained the license. Our Ohio notary signing agent reports, “This twin I was doing a signing for thought this ‘joke’ was quite funny, and then proceeded to tell me another notary had laughed about it, too…and had presumably accepted his ID without question…but,” says our cautious Ohio notary, “I then made this borrower take an oath that the ID he presented to me was in fact his driver’s license obtained by him–ditto his passport! Otherwise, it would not only be an unacceptable ID; it would be mortgage fraud! I also notified the mortgage company, and they agreed I had done the correct thing by asking the man to take an oath. Of course, this all made a dandy entry in the ‘unusual circumstances’ section of notes in my notary journal, where I recorded the details and the fact I had him sign an oath. I also sent an original page entitled ‘closing notes’ and included it in the package with the documents. I get a lot of work referred to me from this company now because they were impressed by my way of thinking and handling this guy.”

“Sometimes,” says another an Ohio notary signing agent, “I have come across a non-borrowing spouse who does not want to sign. These are often angry people who do not want the spouse to get the loan. In the presence of an Ohio notary, the non-borrowing spouse is usually required to sign the deed of trust; the truth in lending agreement;the itemization of the total amount financed;a document correction statement; an agreement about fees due; and the right to cancel. There may also be affidavits…so it’s always best to check with the title company. In any case, there have been many arguments between spouses where one does not see why he/ she has to sign, or one spouse does not want the non-borrowing spouse to sign and seems ready to dissolve the marriage!

One wife ended up walking out on her husband because he found out how much money she had spent–and why she was refinancing. The moment of truth! One husband punched a hole in the wall when he found out how much his wife had spent. Scary! It is always necessary to write it down in notes in your notary journal–and call the loan officer or a legal adviser–when there are any issues that prevent the signing from happening.”

Another Ohio notary told us, “One time when I asked for copies of a signer’s ID, she got nasty. She was the non-borrowing spouse, and she hated her husband; I can’t print here the awful things she was saying about him. It made me feel really uncomfortable. She also made sure there was no room to sign at the table, and then she put a huge glass of Coke on the table–right next to the documents. I was expecting her to knock it over any minute. When I asked her to be careful, she went to the refrigerator and added even MORE Coke to the glass until it was filled to the very brim. She took a sip– then refused to sign at all and started cursing. Then, I called the loan officer. After he got her all calmed down, we signed everything– but I had to go back the next day because an attachment was missing! The minute I drove into the driveway, she started cursing at me that I was wasting her time: “Are you STUPID?” was her greeting. As an Ohio notary, what did I learn from all this? Always check out the people really well before you take a job. If they seem at all irritable or peculiar, figure out if you really need this particular job.”

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I’d rather stop being a Notary than carry a gun
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Have you ever been tempted not to go into a borrower’s house?
http://blog.123notary.com/?p=15369

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September 17, 2012

Sample Notarized Affidavit

Here is a quick sample notarized affidavit.
I apologize that I am not able to scan a copy of a realistic signature or notary seal for legal reasons, so please accept my unrealistic looking signature and notarial stamp (seal)
 
I, John Doe authorize Mary Spencer to type of business documents for my company XYZ Associates. She is to have work completed by 5pm Pacific Standard Time daily, and will be paid half price for late work.  Mary is to work in our office and travel to locations to visit clients upon request.  Either party has the right to disolve this agreement at any time in writing.  A letter stating that you want to discontinue this relationship  and agreement will terminate and nullify this agreement.
 
 
 
______________________
John Doe
 
 
______________________
Mary Spencer
 
 
State of Nevada
County of Clark
 
Subscribed and sworn to ( or affirmed ) before me on
this 20th day of March, 2012 by

John Doe and Mary Spencer, proved to me on the basis
of satisfactory evidence to be the persons who appeared before me.
 
Larry Doe, notary public
——————————————-
Signature of Notary
 
——————————————-
|   Larry Doe                        |
|   Notary Public                   |
|   County of Nye, Nevada     |   (official notary seal)
|   Exp. 3-21-2012                |         
|________________________|

Please see our glossary’s article on affidavits

Tweets:
(1) Sample Notarized Affidavit verbiage including notary certificate & Oath wording.

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Notarized affidavits information
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Affidavits of Support
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September 12, 2012

Tips for notaries

People are making too many mistakes
One experienced Washington, DC notary asserts that, throughout the country, “Some of the people just coming into the profession are not literate and make too many mistakes… I get a few calls a week from titlecompanies where the closing was not done correctly, and they ask me to re-do the work… If we want to be professionals, we have to keep ahead, follow the law, and continue to act in the best interests of all.”

Don’t backdate
“Besides being careful and meticulous,” he adds, “do not backdate documents or signatures, ever! No matter how many times you are asked to backdate documents– supposedly to benefit the borrowers– DO NOT do it. It is illegal. Knowingly putting a different date on a document is fraud and you could go to jail. I have heard of many young notaries who are willing to experiment with backdating. They say ‘What’s the big deal? I was asked to do this.’ As a Washington DC notary, I know I am a state official, and I take this seriously. There is even another notary site where someone claims ‘everyone does this’. NOT everyone does it, and in DC, I personally know several notaries who are now out of work because they got caught. And when your documents are rejected, you will also have legal hassles. Not worth it–if you want to last in this profession. And just as notaries talk–companies talk. Do not risk getting a reputation as an ‘easy’ and inexperienced notary.”

Understand the documents, but don’t advise.
Our Washington, DC notary continues, “READ through all the documents carefully, so you know what the borrowers are and are not being asked to do. The most called-upon notaries and notary signing agents are the ones who know exactly what a document is saying and can confirm that if a borrower asks. If you are a new notary signing agent, read through some sample papers to be able to understand the language and the fees the borrower is agreeing to. Of course, some notaries feel that giving a brief summary of a section could be construed as giving ‘legal advice,’ which is prohibited…so you need to reiterate that you are not giving ‘advice.’ Many borrowers have many questions, and really do not understand a document well enough to sign it; in that case, you must call the loan officer and have him or her speak to the borrower. You can summarize… but you can’t give advice. The better you do your job, the more you will be in demand. This means explaining clearly and in a reassuring way what something says–without giving ‘legal advice.’ ”

Title Producer License
For this reason–the fact that some notaries have given “legal advice”–some states, notably Indiana and Maryland, as well as DC–require a notary signing agent to have a title insurance producer’s license in order to handle loan signings. A North Carolina notary told us that, despite the recent ruling that notary signing agents may continue to do closings, “There is a ‘movement’ in the state to make NC an ‘attorney only’ state.” In Connecticut, attorneys generally handle real estate signings anyway. But Delaware, Georgia, Massachusetts (except if the notary works for the lender), South Carolina, West Virginia, and Vermont require an attorney to be involved in the signing…and Texas requires that any HELOC loan be done in the office of a lender, attorney, or title company (but could be done by a notary!). Says our North Carolina notary, “South Dakota is not clear on this issue, and seems to say that an attorney usually handles a loan signing…but attorneys often send their notaries to do it! Honest! The point? This preference for having an attorney supervise a signing is becoming a trend, and you should check with your state and get any necessary certifications that will assist you.”

Taking the trouble to get a new certification
A few notaries have reported that they do not want to go to the trouble of getting a new license or certification of any sort…but it is one more tool to help you get the work you need. A title producer’s license (also called a title insurance producer’s license) just means that you will have taken 50-60 hours of special coursework and will have passed an exam and paid an extra fee. “This license may be one more certification you want to obtain if you want to stay ahead of the game,” our North Carolina notary asserts. “The more certifications you have, the more you will be ready to serve the public as a notary or notary signing agent.”

Have a business plan?
Finally, one of the best tips we’ve heard recently is to have a business plan. It is always surprising the number of people in the notary business who do not have a plan. A plan means knowing what the market is in your area, who your competitors are, how and where you will expand, how much to invest, and also what certifications and credentials you will have. This includes knowing your strengths–what people like about you– and good reviews from those you have done work for. Getting good reviews from people who value your work can give you–as well as others–a fresh idea of what your skills really are, how you look to others. And when others read the reviews of your work as a notary, they will choose you because they will feel your experience and way of doing things are most relevant to their needs.

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Notarization Dates, Document Dates & Signature Dates
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Backdating from A to Z
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