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November 4, 2013

Notary Journals from A to Z

Not all states require a notary public to keep a notary journal. However, we recommend keeping one for all notary acts simply because it is your only evidence if subpoenaed to court or investigated. The purpose of a notary public is to identify signers and deter fraud. If you don’t keep proper records of notary transactions, several years after the fact, you will have no way to investigate whether the transaction was fraudulent or not. A prudent notary keeps a bound and sequential notary journal and keeps all transactions logged in chronological order.

Information recorded in a journal entry:
Date & Time — i.e. 12:04pm
Type of Notarization — i.e. Acknowledgment, Jurat, Oath, etc.
Document Date
Name & Address of the Signer
Identification of the Signer — i.e. type of identification or credible witnesses
Additional Notes
Signature of the Signer
Notary Fees
Thumbprint of the Signer

Q&A
Q. If I am doing a notarization near midnight, what date do I put on the transaction?
A. Date the transaction based on when the signer signed the journal which happens at a point in time rather than a range of twenty minutes which is how long a notary transaction could take in its entirety.

Q. What do I put in the additional notes section?
A. If you are pulled into court several years after the fact, good notes in your journal might help to remind you about the notarization. You could describe the building, or unusual features of the signers or their behavior.

Q. If I’m doing a loan signing for a fixed fee, how do I document the notary fees?
A. Most notary jobs involve one or two notarized documents and there is a fee per document. If doing a package deal, try to divide the fee for each notary done, or just indicate the total fee for the signing. The important thing is to keep accurate documentation.

Q. Is it important to take journal thumbprints?
A. Yes. Identification documents can be falsified, but you cannot falsify a thumbprint before a notary. You should ideally take a flat impression from the signer’s right thumb for your journal thumbprint. Additionally, I have never heard of a falsified thumbprint ever being used. A thumbprint can keep you out of court as it proves the identity of the signer. I was once investigated and the investigation ended two seconds after I mentioned that I had a journal thumbprint of the signer.

Q. How do I store my journal?
A. You current journal should be kept under lock and key when not in use. Some states require this by law, but it is recommended for all states. Keep fully used journals in a safe storage spot somewhere.

Q. How long do I keep my journal?
Keep your journal until the end of your notary commission. Some states want you to submit your journals to the secretary of state’s office or county recorder when your term is done if you don’t renew. Each state has their own rules, so please ask your state’s notary division.

You might also like:

Everything you need to know about journals
http://blog.123notary.com/?p=70

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

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November 3, 2013

Notary Seal Information from A to Z

Filed under: Become a Notary,Comprehensive Guides — admin @ 1:43 am

Notary Seal Information

Some states require a commissioned notary public to have a notary seal / notary stamp while other states do not. Each state has rigid requirements for the exact dimensions of the seal, the color of ink, the border of the seal, as well as what wording is on the seal.

The notary name on the seal
Typically, the name of the notary as it appears on their notary commission should be identical to the name on the seal. Some notaries have nicknames or name variations. Female notaries often get married and change their names as well. This is a source of confusion. If you change your name, you might be required to get a new notary commission and seal in many states. Please contact your state’s notary division if you are planning on changing your name.

Information on the seal
Most states require the notary’s name, the words Notary Public, the words State of ____, the Notary commission number, and the commission expiration date.

Embosser or regular seal?
Some states allow the use of an embosser which looks like a metal clamp. Some embossers are used without ink as a secondary seal (allowed in many states — ask your notary division for details)

Storage of your notary seal
Rules vary from state to state, but it is required in some states that your current journal and notary seal be kept under lock and key.

Types of seal borders
Seals might have a serrated or milled edge border. Some states might allow a rectangle made of four straight lines to be the border.

Seal Maintenance
Be careful with your notary seal as they can be damaged from misuse. Keep replacement ink in stock just in case your seal needs to be re-inked. It is common for an active notary to add replacement ink to their seal once a year or so. Many states require the destruction of a notary seal at the end of a notary’s term so that it will not be used fraudulently.

Seal Impressions
The notary public should take care to leave a clear seal impression when doing notary work. If the seal is too light, smudgy, or has missing corners, the notarization could be rejected by a county recorder, bank, lender, or other agency.

Do all notary acts require a seal?
Most notary acts do, such as Acknowledgments and Jurats. But, sometimes you will need to do an Oath with no accompanying paperwork. Make a note in your journal that you are administering an Oath. Have the Affiant (Oath-Taker) sign your journal, and administer the Oath. There is no seal required for an Oath by itsself. However, if the Oath is part of some other notary procedure such as a Jurat, or swearing in credible witnesses, then the notary paperwork being used would need to be stamped.

States that require a notary seal
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

States that do not require a notary seal
Kentucky, Louisiana, Maine, Massachusetts, Michigan., New Jersey, New York, Rhode Island, Vermont These states have specific requirements if you choose to use a seal anyway.

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November 2, 2013

5 or 6 reviews doubles your business?

5 or 6 reviews doubles your business?

OMG! Can that really be true? But, this is not a secret. We tell everyone. Statistically, if you get five or six reviews on your listing, you would get double the calls that you would get if you had no reviews. This is an average, and is not true in all cases. The main thing you have to realize is that people who use 123notary are looking at various things. They are looking to see if you are certified by 123notary (not by NNA). They are looking at your notes section — is yours informative or does it sound like everyone else’s? And most important, they are looking to see if you have reviews.

The top notary didn’t have a review…
Imagine that you are looking at a list of 20 notaries in Wahacha County, State-achusetts. Let’s say that the top notary on the list has no reviews, but someone down the list has fifteen reviews. You might be tempted to call that guy down the list first, and then as a backup, you might call that top notary who has no reviews. Placement on 123notary matters, but so do reviews!

It is a competition!
The most important thing to understand is that notaries who have more reviews than any other notary in their area tend to get more calls. If the notary with the most reviews in your area has three reviews, and you also have three, you are okay. You need to be mindful that someone could get a few new ones while you are not paying attention. But, what if you have six reviews, the next best notary in town has five reviews, and then you slack off. The next thing you know, someone new and enthusiastic might get ten reviews right away, and your phone might stop ringing. This is a competition. Take it seriously. Your income depends on it!

How to ask and who to ask?
You get reviews by asking satisfied clients to write a review for you. Email them a link to your review page as well. Signing & Title companies are the least likely to write a review for you. But, individuals and borrowers who you did a nice job for might be very happy to write a review. Ask everyone, but expect less of those big companies. Every other notary in town is also asking them for a review and they are buried with requests. You might even consider taking on more “regular” notary jobs for individuals, just so it might be easier to accumulate reviews.

Keep reviews fresh!
Freshness of reviews matters too. If all of your reviews are from 2009, people who read the reviews will remember that Janet Jackson song — What have you done for me lately? How come no recent reviews? Think about it.

If you have any questions about getting reviews, ask us!

Please read more about reviews
http://blog.123notary.com/?cat=287

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October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

There is always some confusion about the legality of copying and notarizing official documents. You cannot notarize a birth certificate, marriage or death certificate. There is no official certification procedure for getting a certified copy of a passport. California notaries can make a certified copy of a power of attorney, but that is the only type of document that you can get a certified copy of. So, what type of notary act can you do to notarize that copy of your passport?

There is a notary act called a copy certfication by document custodian. This is basically a Jurat with some unique wording. It makes the sign swear under oath to the accuracy and completeness of the copy. It is common for students to have copies of transcripts notarized using this procedure. I used the copy certification by document custodian form regularly when I was a notary since it was the only way to accommodate requests for copies.

Many notaries do not carry the form for the certification by document custodian Jurat procedure, so if you need this done, figure out ahead of time whether or not the Notary has the forms that are acceptable to whomever you are submitting your document to as they are the boss in a sense.

You might also like:

Notarize copies of passports (Forum)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=1904

Can a resident alien card be used for a notarization?
http://blog.123notary.com/?p=8282

A California Notary Acknowledgment goes to Taiwan
http://blog.123notary.com/?p=6981

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October 24, 2013

He made $35,000 a month his first year in business?

He what? He made how much? Am I dreaming? Who is this guy?

I just got off the phone with him. I will not disclose his location or name for his privacy. I just talked with a particular gentleman who has multiple listings on 123notary.com. He says these listings bring him so much business that the phone is ringing off the hook and he is reeling in the business. But, $35,000 a month? He says this is his first year in business as a mobile notary. He hires people on salary to drive around and do signings. He pays for the car and other expenses himself and pays them an hourly salary (not big bucks, so don’t get your hopes up). The sheer volume of business this guy is getting is amazing.

Honestly, from talking to him, he sounds like a very cool guy, and very motivated. He fits the profile of a winner in my book. But, still, this type of success is unprecedented in someone’s first year. I understand that the market is picking up for notaries, but still. We have another gentleman who is running a very similar type of operation and very successfully. He has notaries in four or five states and pays them on salary. He gets business right and left and has a huge staff in the office and in the field.

So, if your business is not all it can be, think about what the personality traits of a success story are. There are many successes on 123notary, and you can be one of them. Be an up beat person who gets the job done and doesn’t create obstacles for others. If others create obstacles for you, then create systematic policies for dealing with these problems instead of complaining. Remember — winners find solutions. My idea is to try to adopt the mind-set of someone whose business is off the hook, and that will help you be one of the notaries who is on your way to a huge success!

Tweets:
(1) He bought 8 listings on 123notary.com, hired people to do signings for him & made $35000/month!
(2) If your business could be better, think about what the personality traits of a success story are.
(3) Be an upbeat person who gets the job done and doesn’t create obstacles for others.
(4) If others create obstacles for you, then create policies for dealing with these problems instead of complaining. Winners find solutions.

You might also like:

$10,000 a month on a bad month
http://blog.123notary.com/?p=3891

The Notary, The Mafia & The FedEx Drop Box
http://blog.123notary.com/?p=3891

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October 23, 2013

What makes a mobile notary a mobile notary?

We get calls everyday from notaries around the country who want to be a mobile notary. They always ask, “What do I need to do to become a mobile notary?” I tell them to become commissioned as a notary in their state and then get in you car — then you are a notary, and you are mobile.

But, you should really learn how to be specialized in mobile notary work. Notaries who work in an office notarize simple forms all day long. Mobile notaries have to deal with very different issues. Loan signing is no easy task, and there are many snags, delays, and complications along the way. You should take a loan signing course from 123notary.com to learn the ins and outs of the entire procedure from A to Z as well as how to market your service.

But, non-loan signing mobile notary work is complicated too. There is a lot of work going to places where they can’t drive themselves such as hospitals, convalescent homes, jails, prisons, movie sets, busy offices (too busy to drive), and late night visits to people’s homes for last minute travel or school documents.

Mobile Notaries also need to know what to do if people don’t have the right ID. After you have driven 40 minutes to a job, you are invested in the completion of the job. You need to know how to get your trip fee before you see the signer & documents (takes being pushy and negotiating in advance), you need to negotiate your waiting time, and you need to know how to use credible witnesses to identify a signer if there is no ID. Most states allow credible witnesses, but you can research whether yours does or not.

Have fun becoming a mobile notary public. It is a rewarding profession, and 123notary can help you a lot in your pursuit of a profitable mobile notary business.

Tweets:
(1) You just need a notary commission & a car to be a mobile notary, but signing agent training really helps!
(2) Anybody can become a mobile notary, but to be a good one, you need training!

You might also like:

What is a Notary Public?
http://blog.123notary.com/?p=6498

Compilation of Notary stories
http://blog.123notary.com/?p=21898

He made $35,000 a month his first year!
http://blog.123notary.com/?p=3894

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October 21, 2013

Can you notarize someone’s initials?

Can you notarize someone’s initials?

It is fun to read all of the various notary questions that people have. But, a notary may only legally notarize a signature of a living person who appears before the notary public.

However, it is common for signers to be required (not required by the notary, but required by the document custodian or lender or other entity) to initial all of the pages of a Deed of Trust, Power of Attorney or perhaps a Note. There are other documents that are often initialed as well. It is never a legal requirement to initial a document, but it might be a business requirement for certain financial or business entities just to make sure that pages are not swapped after the notarization.

Initialing pages of a longer document is more of a “best practice” to deter fraud. It is harder to swap a page if there is an initial on it. However, Title companies are known to forge the initials of a signer just to save time — if the signer forgot to. Imagine that documents went to a borrower’s house, and the borrower signed the documents, and had them Fedexed back to the lender. If the borrower forgot an initial, it is a huge pain to bring those documents back. It is easier to commit forgery of an initial even though that is a serious crime!

Getting back to the main point of this article, no, a notary cannot notarize someone’s initials.

You might also like:

The 30 point course’s guide to initialing
http://blog.123notary.com/?p=14463

Why do I have to sign with my middle initial?
http://blog.123notary.com/?p=4452

Tutorial on initialing
http://blog.123notary.com/?p=14463

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October 20, 2013

Can a resident alien card or permanent resident card be used for being notarized?

Each state has different rules for what type of identification is suitable for being notarized. The California Notary Handbook does NOT specify if a Green Card, Resident Alien Card, or Permanent Resident Card may be used as identification for being notarized!

However, if you have a current “California approved” (a card that meets California standards) identification card that has — a photograph, description of the person, signature of the person, and an identifying number: then you are in good shape and can be notarized.

Since a green card or resident alien card is not on the approved list of identification cards in the California Notary Public Handbook, it is recommendable to use a passport, state issued identification card, or driver license.

You might also like:

Notary Public 101 – identification
http://blog.123notary.com/?p=19507

Compilation of Notary stories
http://blog.123notary.com/?p=21898

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

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October 19, 2013

Notarized Document Expired Identification

Filed under: Identification For Being Notarized — admin @ 8:18 am

Using expired identification cards

As a notary public, you will be bombarded with various types of identification — some will be current, some expired, some foreign, and some forged.

Expired ID? Check the issue date!
Some states allow an ID to be used for a particular number of years after the issue date. Many identification cards will document the issue date somewhere on the ID even if they don’t say what that date is. You can kind of guess what that date represents because it is not their birth date or expiration date. Using expired identification cards might be legal in particular states. California and Tennessee allow a notary to use an ID within five years of its origination date / date of issue.

Check your state’s notary handbook to find out the current laws in your state regarding what types of identification are legitimate in your state! Using expired ID cards just might be okay just as long as they are not “too old”.

If you cannot get identification that is acceptable in your state, many states allow the use of credible witnesses that can swear to the identity of the signer. Those witnesses are normally friends, relatives, hall mates, or neighbors of the signer.

You might also like:

What’s your sign? A technique for spotting false ID.
http://blog.123notary.com/?p=19638

Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

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October 18, 2013

Cross Out and Initial

Cross out and initial

What if you are in the notary business and you just made a mistake, or someone else made a mistake in a document. Simple, just cross out and initial, right? Maybe not. Putting aside the questionability of the legitimacy of a document with cross-outs, the future document custodian might not like cross-outs.

Picture yourself as a lender. You are having a loan signed, so you can sell the loan to yet another bank. That other bank doesn’t like it when people cross out and initial information on their loan documents. It looks sloppy and unprofessional to them. So, as a notary, what do you do when there is a problem with a document? You ask your contact person what they want to do.

They can either redraw the document at great expense, coerce the borrower to sign the document “as is”, or have you cross out and initial. Let your contact person make the decision so they get in trouble — not you!

Redrawing documents means that you will have to wait for the new documents to be typed up, sent via email or FedEx, and then you need to make a new appointment with the borrower on a subsequent date.

You might also like:

The 30 point course section on cross-outs
http://blog.123notary.com/?p=14406

Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Industry standards in the notary business (covers cross outs, initialing, and more)
http://blog.123notary.com/?p=4370

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