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

A notary gets sued, but E&O won’t help out!

We had a notary public whose name will remain anonymous. I will not disclose her location either. But, she is being sued because a lender pulled a fast one on a borrower. The borrower is suing everyone connected to the loan. But, the borrower should know that the notary public has nothing to do with the loan, doesn’t know the lender, and doens’t benefit from the loan other than to collect their small fee.

The story gets worse though. This notary’s E&O insurance policy wouldn’t help out with any of the legal expenses, or potential damages simply because they claim that the notary never made a clerical error which is true.

The notary public went to get legal counsel, and a neighbor / friend of the notary public offered to help at a discounted rate. But, the discounted estimate for the entire case was $30,000. It doesn’t make sense to me why a notary should pay $30,000 to defend themself from a false accusation.

In any case, we should pray for this notary public, so that she can get off the hook of being falsely accused. She did nothing wrong and shouldn’t suffer like this.

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October 14, 2012

Did you know? Random interesting notary facts…

Filed under: (5) State specific — Tags: , , — admin @ 6:43 am

Did you know?
 
Did you know that Louisiana Notaries are required by law to carry Errors and Omissions insurance?
 
Virginia and Kentucky notaries can notarize outside of their state providing the documents are to be recorded in state.
 
Commissioners in West Virginia can notarize in or outside of the state for documents to be recorded in the state.
 
In Washington DC, you can become a government notary if you work for the federal government, no matter what state you live in. You could live in Alaska and be a DC Government Notary!
 
Notaries in North Carolina are not permitted to charge ANY travel fee.  Notaries in roughly eight other states have severe restrictions on travel fees that would make it impossible to legally make a living as a mobile notary!  See details in the forum if you look up the term “travel fee”.
 
Notaries in Maine, South Carolina and Florida can solemnize marriages? Did you know that?  I do!
 
North Dakota allows out of state notaries to apply for a notary commission in their state if they live in a county that borders on North Dakota!

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October 3, 2012

The Pros and Cons of eNotarizations

The Pros and Cons of eNotarization

As the technological world continues to evolve on a regular basis, more and more industries are looking to go from the paper route to the electronic route, allowing them to save time and money while providing more convenience to their customers.

One such industry that is following the technological advancements is the notary industry, which is looking to utilize eNotarization on a more frequent scale.

For those who are not up to speed on exactly what an eNotary does, they are quite simply a Notary Public who notarizes documents electronically. One of the means to do this is through utilizing a digital signature and notary seal to notarize electronic documents and validate with a digital certificate.

With electronic notarization, a notary puts an electronic signature and notary seal in place using a secure public key to an electronic document (such examples would be a PDF or Word document). When the signature and seal are affixed, the piece is looked upon as being tamper evident, meaning that any unauthorized attempts to alter the
document would be noticeable to relying parties.

eNotarization Focuses in on Security

In taking a look at the short history of electronic notarization, the National Notary Association (NNA) saw the need to put rules and standards in place for a workable, accessible, and, most importantly, secure system of electronic notarization.

As a result, the NNA came up with Enjoa (the Electronic Notary Journal of Official Acts), which allows both electronic and paper-based notary acts to be recorded—and that record should be free from tampering in an electronic database.

With Enjoa, notaries can electronically gather both a holographic signature and a fingerprint of each document signer, also providing the added choice of capturing within its database the signer’s facial image via a Web camera. Whether it be recording eNotarizations or paper-based transactions, Enjoa offers proof of a signer’s personal
appearance, a detailed database of the notarial act, and a level of security that is not available in a paper-based recordkeeping system.

It was some six years ago that the NNA partnered with the Commonwealth of Pennsylvania in unveiling the nation’s initial Electronic Notarization Initiative, a comprehensive eNotarization program. All Pennsylvania notaries participating in the initiative utilized a digital certificate to perform electronic acts that were subsequently
made available for recordation in the four original participating counties. Other counties throughout Pennsylvania were quick to enroll in the program.

So, what can be seen as some of the pros and cons of eNotarization?

On the plus side:

* Electronic versatility offers benefits for both the notary involved and the business and legal communities. One of the more notable benefits is the time in which documents can now be notarized via a computer. Such documents include power of attorney paperwork, affidavits, deeds, title loans, wills, and prenuptial agreements, among
others.

* eNotarization makes it easy for the notary to adapt to changes in the document in just
minutes.

* eNotarization allows notaries to stay on top of cutting-edge technology, meaning they can compete with others in their business who are also using this manner to notarize documents. For those who choose not to, it could mean losing potential or current customers who opt for the more technologically advanced means to notarize paperwork.

On the negative side:

* eNotarization is not available everywhere, meaning you may or may not have it as an option where you live.

* Some worry that security could be compromised when using eNotarization. If that happens, the notary could lose business from customers who fear their private information leaking out. Whether with traditional notary usage or eNotarization, both the notary and customer should make sure private data is as protected as possible.

* eNotarization is still evolving, meaning some parts of the process are not entirely up to speed. As the process evolves more, eNotarization will become commonplace for both notaries and customers.

With more and more processes going the electronic route, is eNotarization in your plans?

Photo credit: http://www.flickr.com/photos/73736449@N02/6649009139/

About the author: With 23 years of experience as a writer, Dave Thomas covers a wide array of topics from office cubicles to starting a small business. http://www.arnoldsofficefurniture.com/

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What can an e-notary do?
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12 points on e-notarizations
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e-signings vs. e-notarization: e-notarization definition
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October 2, 2012

Top 5 books every notary should own (and read)

In any career, being the best means that you have to participate in professional development and be aware of new developments in your field. This is even truer for notaries who can face fines, suspended licenses, lawsuits, and other consequences if they make a mistake. Whether you’re new to the notary industry or a seasoned professional, make sure that you stay on top of your game with the books listed below.

The U.S. Notary Law Primer

Published in June, this book by the National Notary Association provides up-to-date information that every notary, or aspiring notary, needs to know. For those interested in becoming a notary, it lists the necessary qualifications and gives contact information for notary regulating officials. For those new to the profession, this book includes a variety of basic information including signer identification, notary journal maintenance, and misconduct penalties.

2012 – 2013 U.S. Notary Reference Manual

In the 11th edition of this manual, Charles N. Faerber has compiled the most current notary regulations from all 50 American states and six U.S. jurisdictions. Faerber, the National Notary Association’s Editor-at-Large and Vice President of Notary Affairs, makes sure to include detailed information for each state as well as the overarching laws that govern all notaries. This information is especially useful for national companies that use notarized documents and notaries who practice in multiple states.

How to Open & Operate a Financially Successful Notary Business

In this guide, Kristie Lorette and Mick Spillane not only review notary basics, but they also offer advice as to how to grow a notary business. This thorough book contains checklists, case studies, an appendix of state-specific information, and even comes with a companion CD-ROM of customizable professional forms. This how-to has invaluable information for notaries at any level in their careers.

101 Useful Notary Tips

Written and published by the National Notary Association, this handbook delivers the answers to frequently asked notary questions. Topics range from the basic (e.g., stamp expiration dates) to uncommon situations like notarizing a spouse’s document. Filled with practical advice, this book is a helpful reference for both new and experienced notaries.

Twelve Steps to a Flawless Notarization

As the title implies, the National Notary Association offers readers the twelve steps they should take each time they notarize a document. This book also includes helpful tips that notaries public should follow in order to guarantee that the notarization process is accurate as possible. The information provided will guide beginning notaries through their first notarizations and assure that practiced notaries don’t miss any steps.

These books are just a starting point in ensuring your success as a notary public. Since rules regulating notaries vary from state to state, always make sure that you are familiar with the exact laws within your jurisdiction and pay attention to any changes that may affect your notarizations. New developments in state-issued identification or the mortgage lending process affect how you do your job. Stay current by reviewing updated versions of your state notary handbook, talking with colleagues, and visiting industry websites such as this one.

Stephanie Marbukh is a freelance blogger who writes about a variety of topics including legal matters, education issues, and the importance of maintaining your home gutters. http://www.gutterhelmet.com/

Tweets:
(1) Being the best #notary means keeping up on industry trends & reading these top notary books!
(2) The top 5 books every notary should read include: 101 useful notary tips, 12 steps, law primers, etc…

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Notary Public 101 – a free notary course
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October 1, 2012

3 Notaries walk into a bar

3 notaries walk in to a bar. The first thing that happens is that the bartender asks for ID.

Notary #1 says, “Wait a second… I’m a notary… I ID YOU… YOU don’t ID me.”

Then the bar tender says, “Listen buddy, if you want a drink, I need to know you are of age”.

Notary #1 said, “No problem, I can produce ID, but I can also swear under oath, and the other notary sitting next to me can take the oath for me.”

Notary #2 — Raise your right hand

Do you solemnly swear that you are above 21 years of age and of sound mind and body?

Notary #1 — Sound body I’m not so sure about, but my mind is pretty sharp, and I’m 63… at least last time I checked I was.

Notary #2 He’s 63… do you really need to ID him?
Bartender — thats what I said last time I saw a notary and he asked for ID. I said, I’m 63, I don’t need to be carded, now STAMP THIS FORM!! damn it!

Notary # 3 retorted — well, notary #1 didn’t need to be carded because he looks old. But, you Mr. bartender don’t look a day over 18 which is probably why the notary needed to card you!

Bartender — that has nothing to do with it… he carded me because I ordered an affidavit with a MIXED notarial wording: 2 parts acknowledgment with an oath and a touch of mint (no olives).

Tweets:
(1) 3 notaries walk into a bar & the bar tender asks for ID. But, the notary wants to ID the bartender!
(2) Do you solemnly swear that you are above 21 years of age and of sound mind and body?
(3) You don’t need to ID him because he looks old, but you look about 18 Mr. Bartender, so we should ID you!

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New Jersey Commissioner of Deeds – Information

New Jersey Commissioner of Deeds – Information and History

The title of Commissioner of Deeds was established in the 19th century because only a judge could acknowledge an out-of-state deed, and it was difficult to find a judge to acknowledge a deed for a property located outside of the state. At this time, property deeds could be acknowledged only by a notary belonging to a particular state, New Jersey, for example, and a deed for a property from another state could not be acknowledged by a notary from New Jersey. The office of Commissioner of Deeds might thus be seen as a higher rank than a notary.  When states came to accept the acts of notaries from other states, the office of Commissioner of Deeds was no longer needed.
 
In New Jersey, the person is sometimes called a Foreign Commissioner of Deeds because he could acknowledge even deeds to property outside of the U.S.  These days, the Department of State strongly suggests that Secretaries of State not appoint commissioners of deeds to perform acts in a foreign country until it is made clear, with the Department’s help, that the foreign government would not object. In other words, the office of Commissioner of Deeds is outmoded.  There is no evidence that the State of New Jersey is still appointing Commissioners of Deeds, and no information on how to apply for such a position; the neighboring State of New York is no longer appointing such Commissioners.

Please see our New Jersey Notary Public Search Results!

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