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October 17, 2013

Jurat Wording Step by Step

Jurat Wording

Wording for Jurat Notarizations can vary from state to state. The main thing to understand in Jurat wording is that it must state that the signer appeared before the notary, signed the document before the notary, and swore under oath before the notary.

Additionally, Jurat wording or Jurat verbiage will indicate the date of the notarial act or transaction as well as a venue which constitutes the state and county where the notarial act took place!

You can typically use out of state Jurat verbiage so long as the wording is not substantially different from the Jurat wording in your state. Check with your state’s notary law handbook to verify this point.

A Jurat form could have room for a hand written statement which the signer swears to under Oath. Or, you can attach a Jurat certificate to a document which is being notarized and stamp the certificate instead of the actual document.

Signers are typically asked to raise their right hand and swear under oath during a Jurat notarization. The notary will ask an Oath question using his/her/its own choice of wording. The signer is asked to give a clear oral affirmation to that question. Most Notaries are not well practiced in the art of administering Oaths and it is recommended that they practice giving Oaths before going out in the real world notarizing for people.

Jurats are the 2nd most common type of Notary act, Acknowledgments being the 1st most common.

You might also like:

Jurat definition and a string of other Jurat related posts
http://blog.123notary.com/?s=jurat

Notarizing Children
http://blog.123notary.com/?p=6947

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October 15, 2013

Notary quotes of the day

Filed under: Humorous Posts — Tags: , , , — admin @ 8:12 am

(1) “Can you do the 3rd signing for free?” That would be a good signature for an email to notaries.

(2) “An e-notary does more or less what a regular notary does. The e-notary has an electronic journal and electronic notary seal and notarizes electronic documents. Some might even have an electronic girlfriend, too!” Sept 20, 2012 blog, 123notary

(3) “We are getting to the point in society where we have to google everyone before we transact ANY kind of dealings with them.” Sept 19, 2012 blog, 123notary

(4) “There was one house that was so filthy that I had to leave, and I then reported it to the board of health. The woman who owned the home was actually a supervisor at the board of health!” Sept 16, 2012 blog, 123notary

You might also like:

Crazy names for notary services
http://blog.123notary.com/?p=4231

7 famous quotes from our blogs
http://blog.123notary.com/?p=3663

A slogan for a notary on 123notary
http://blog.123notary.com/?p=22307

Names for notary businesses with commentary
http://blog.123notary.com/?p=20765

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October 8, 2013

Interview with Title Source

Me: “Many of our notaries like working with you. Can you tell me why? What do you do that is so good?”

Zee: “Notaries are intrigued by our system, our technology. We try to put it in order in our edocs. About 95% of our closings will require notaries to print out. We get things done in a timely manner. Our website is easy to logon to and provide a service. We also try to give notaries work within their area– within 20 miles.

I do instruct notaries that they can contact our scheduling team and get them to the lender as needed if there is an issue at a closing. Someone is always available. I do ask notaries not to discuss any specifics of docs with our scheduling team.

We give notaries a score 1.5 to 3.5. 1.0 is the best. If they earn a good score they get more work or a raise. Their score includes completion time–including dropping the package at FedEx; quality of work: if there is a signature missing, that would be a defect. Confirmation-turn time is also important. The fee they charge is also part of that. A good fee for us is $65, and another $20 for edocs. A refi might be $90. I pay my national companies $125 for a signing; I would also pay that to a good notary. I have to have a loan assigned to a notary within 2 hours. I let the notary tell me what fee they want. I can’t guarantee them they will get many orders at, say, $125. But if I build you a profile today, I will put you at the top of the page. Our site will help you build your profile. There is no fee to do that. We call those who say $85 before those who say $125.

When we look on 123notary we may look by zip code or by city, but lately we are limiting the notaries to those who are NNA or Lexis-Nexis background screened. Those background screenings are the best.

We give instruction sheets. If there is something specific the client wants, we put it on the instructions.

We usually do not hire notaries who have fewer than 2 years of experience (fewer than 500 loans). We absolutely would hire a new notary with experience in a financial area. Any experience with the mortgage industry. Sometime real estate people have good experience. We close loans all over the country. We have a quiz or test that we give first if a notary wants to sign up– about 10 questions. You have to listen to something before– various questions about situations: they look at a video (2-3 minutes) and then answer questions. They have to get all the questions right. ”

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You might also like:

Interview with Timios Title
http://blog.123notary.com/?p=6718

Interview with a Title Company
http://blog.123notary.com/?p=3724

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September 21, 2013

$10,000 per month on a bad month

I just got off the phone with a notary who is doing really well who advertises on our site. Business has been better for most notaries recently, but not as good as for this husband and wife team. I will not mention their names or locations to protect their identity.

I talked to them about their renewal. Since our prices can go up or down for a particular position at any point in time, some notaries complain about their new price. If the price goes up, they argue and try to reason with me about how it was less last year. If the price goes down, then they think I was cheating them last year. Either way they get upset and criticize me.

This husband and wife team had a different approach. He said something to the tune of — You doubled my rate, but that is okay! Your site is amazing. We get almost all of our business from your site. I don’t know how you do it. We are making more than $10,000 a month in our notary business.

I was flabbergasted. I had heard the story of the new notary company making $35,000 per month which was an amazing story. But, now another notary making six digits. Unbelievable! So, my faith is renewed in a mobile notary public’s ability to make the type of living that makes other people drool.

Please take this blog entry as an opportunity to take a leap in faith that YOU can make six digits in your notary business. Yes, you have to do everything right, but you can do a bang up job, right?

You might also like:

A detailed look at the Ninja Course
http://blog.123notary.com/?p=4621

An easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

From 3 jobs per week to 3 jobs per day!
http://blog.123notary.com/?p=3940

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September 7, 2013

Companies that will hire NEW signers!

Here are some companies that typically hire new notaries. As a new notary, your primary responsibility to yourself is to get some experience under your belt. Don’t be too picky about how much you get paid or how pleasant it is to work for some of these companies. The outfits that typically will hire newbies low-ball, require fax-backs, and micromanage you to the point of exasperation. But, tolerate this, because that is how you pay your dues and get your experience. Once you have 1000 signings under your belt, the higher paying Title companies will start to notice you a lot more.

Companies that hire new signing agents:

Countrywide
http://www.123notary.com/signco-idv.asp?sid=155&Countrywide+Home+Loans+%2F+Full+Spectrum

Express Notary
http://www.123notary.com/signco-idv.asp?sid=1066&Express+Notary

FASS
http://www.123notary.com/signco-idv.asp?sid=725&First+American+Signature+Services

Firma Signing Solutions
http://www.123notary.com/signco-idv.asp?sid=786&Firma+Signing+Solutions

Global Notary
http://www.123notary.com/signco-idv.asp?sid=762&Global+Notary

HVR Notaries
http://www.123notary.com/signco-idv.asp?sid=849&HVR+Mobile+Notaries
Loan-Closers.com

Mortgage Connect
http://www.123notary.com/signco-idv.asp?sid=814&Mortgage+Connect

Nations Direct
http://www.123notary.com/signco-idv.asp?sid=101&Nations+Direct

New Milleneum
http://www.123notary.com/signco-idv.asp?sid=834&New+Millennium+Title+Group

Notary Direct
http://www.123notary.com/signco-idv.asp?sid=113&Notary+Direct

Signature Line
http://www.123notary.com/signco-idv.asp?sid=855&Signature+Line+Closing+Services

Skye Closings
http://www.123notary.com/signco-idv.asp?sid=798&Skye+Closings

The Closer, LLC
http://www.123notary.com/signco-idv.asp?sid=973&The+Closer%2C+LLC

Vital Signings
http://www.123notary.com/signco-idv.asp?sid=85&Vital+Signing

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Tweets:
(1) As a new notary, your primary responsibility to yourself is to get some experience under your belt.
(2) Outfits that typically hire newbies low-ball & micromanage u until u get enough experience to attract higher paying co’s.

You might also like:

Read about low-ball signing companies
http://blog.123notary.com/?p=745

Read about fax-backs
http://blog.123notary.com/?tag=fax-backs

Best signing companies
http://blog.123notary.com/?tag=best

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September 3, 2013

Notary For Minor — Notarizing Children

Have you ever been requested to do a notarization for a minor? Doing a notary for a minor is unusual, and notaries don’t always know what to do. A signature of a minor is not legally binding, but that doesn’t prevent you from notarizing their signatures. If you are notarizing a minor, take the same steps you would take notarizing anyone else. But, take one extra precaution in your paperwork — indicate the age of the signer in your journal, and perhaps on the document so there is a record after the fact! Remember, the purpose of a notary public is to keep accurate and complete paperwork on signatures / transactions so they can be queried after the fact. The exact rules for how you do your documentation vary from state to state, and country to country — but the basic purpose of a notary public worldwide is still identical.

The next problem you might encounter when notarizing a minor is that they don’t always have photo identification. If there is no ID, then without credible witnesses, you can not identify them properly for the notarization. Not all states allow the use of credible identifying witnesses, so learn your state rules on the matter. Identifying a minor is not always possible, so just do your best.

The most important thing to understand when doing a notarization for a minor is not to panic. Just follow procedure and make special notations in your journal about whatever is unusual about the signing — especially the fact that the signer is under 18 years of age!

You might also like:

Notarizing for a minor – identification!
http://blog.123notary.com/?p=6969

Rules for notarizing minors
http://blog.123notary.com/?p=2362

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

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September 2, 2013

Notary Perjury and Oaths

Notary Perjury

What is Notary perjury? Is that when a notary lies under Oath or when an Affiant lies under Oath to a Notary Public or other state official? In real life there is no such thing as Notary perjury — there is only regular perjury. Don’t get caught lying under Oath — tell the truth!

Penalty of perjury
If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. Lying under Oath is a Felony and Federal crime punishable by jail time of up to five years. The problem is that Notary Oaths are not always very clear. The Notary might have you swear to a document, but what are you actually swearing to? Are you swearing that the document is true, or that you will follow the terms in the document, or both?

What types of things do people lie about?
People might lie about what their legal name is. Sometimes people want to use an alias. Sometimes the name a person has on the Title of a property might not exactly match the name on their identification document which could cause a lot of confusion and legal issues. Another common lie that I might have been told for years (no evidence either way) is on the Occupancy Affidavit. Borrowers can get a discounted interest rate if they claim to live in the building (house) they are borrowing on. The Occupancy Affidavit makes that borrowers swear that they are residing in the property as their primary residence. But, it is common for borrowers to lie and be using the property as an investment property or second home — an example of “Notary perjury”.

People don’t always take the Oath seriously
My biggest objection to being a notary was that people didn’t take Oaths seriously. I sometimes had to ask people multiple times to raise their right hand all the way up — no, not two inches up — all the way up. Mumbling an inaudible “yes” just doesn’t cut it with me. I think that as a Notary Public, you should remind your Affiants of how serious and formal the Oath actually is. I would also tend to think that your Oath takers will be more likely to tell the truth if they are aware of how serious an Oath is and if they are aware of how they could be subject to penalties of perjury should they lie. I have never heard of anyone being punished for lying under Oath to a notary. I have only heard of people getting in trouble for fraud. But, keep people honest in any case! Being a Notary Public is a serious profession that protects the integrity of signatures and society!

You might also like:

Can a Notary get in trouble?
http://blog.123notary.com/?p=21429

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

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

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August 30, 2013

Alabama Notary Acknowledgment Verbiage

To become an Alabama notary, you must be at least 18 years old and a state resident who can read, write, and understand English. Your record must be free of felony convictions unless you were pardoned and had your civil and political rights restored. The Alabama notary commission is valid for four years. A sample application to become an Alabama notary can be found here: http://jeffconline.jccal.org/probatecourt/docs/NotaryApplication.pdf An interesting fact is that, while notaries may administer oaths and take acknowledgments, they are not authorized to execute jurats or affidavits. [I do not understand this at all.]

Notary wording for an Acknowledgment in Alabama: (Alabama Acknowledgment Wording)

Acknowledgment for Individual

THE STATE OF ALABAMA
______________________COUNTY

I, a Notary Public, hereby certify that _______________________________________ whose name is signed to the foregoing instrument or conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she/they executed the same voluntarily on the day the same bears date.

Given under my hand this _____________ day of _____________, A. D. 20____.
____________________________________

Notary Public
Print Name __________________________
My commission expires:
__________________

REFERENCE:

(Code 1852, §1279; Code 1867, §1548; Code 1876, §2158; Code 1886, §1802; Code 1896, §996; Code 1907, §3361; Code 1923, §6845; Code 1940, T. 47, §30; Acts 1951, No. 85, p. 301.)

Ala. Code § 35-4-23 (1975) Effect of Witness Compliance

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You might also like:

How many years is a notary term of office good for?
http://blog.123notary.com/?p=22082

Spousal States list
http://blog.123notary.com/?p=21396

Acknowledgment FAQ
http://blog.123notary.com/?p=21331

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August 29, 2013

Don’t Do These Things: CA Notaries Who Have Done Wrong

Becoming a notary in California means taking on an awesome responsibility. And, like most awesome responsibilities, this one comes with lots of very strict rules that must be followed exactly. No, really — exactly. There is no wiggle room when it comes to being a notary public in California.

You would think that, with all of that responsibility and all of those extremely strict rules, every California notary would be very closely supervised. Nope! In fact, it is largely the opposite.

As a California notary public, you work almost completely independently of any state-sanctioned watcher type person. It’s understandable, given all that freedom, how someone who is a notary in California might be tempted to let some of the rules slide. Without someone watching your every move, it’s easy to say, “Oh, I’ll take care of that later,” or “Meh, good enough.”

Do not give in to this temptation! If you don’t see to every single detail and follow every letter of the law, you could wind up in huge and terrifying trouble.

For instance:

If you fail to properly identify one of the signers of the contract you are notarizing, you could face a civil conviction and have to pay a fine of up to $10,000. That is not a cumulative $10,000 over the course of your California notary career. That’s up to $10,000 for every time in which you, acting as a notary public in California, fail to identify a signatory to the satisfaction of the rules set forth by the Secretary of State. Yikes!

Let’s say that someone comes in and says they are working on an Intelius removal and need you to notarize some papers verifying the request to have the information removed from the system. The person wants the notary stamp to prove the time and date on which that person submitted their completed forms.

Your California notary public stamp tells a court (should the matter go that far) that you are vouching for the person, that he or she has met every legal requirement he or she needed to meet, and that they performed the deeds they say they did.

Let’s say you had to notarize three signed forms. You charge the person $45 for the service.

Whoops!

It turns out that, as a notary in California, you’re only allowed to charge people up to $10 per signature. You have overcharged the person by $15. Fifteen dollars doesn’t seem like that big a deal, right? You can just refund the over-payment, right?

Maybe. But if the person complains or brings suit against you for overcharging them for the duties you performed as a notary public in California, you’re going to be in trouble. The Secretary of State can suspend your California notary public commission for as long as six months, and you can be fined up to $750 — for every instance in which you overcharged that person!

Becoming a California notary is a huge responsibility, and these fines are steep and really scary. This is why, as part of the process of becoming a notary in California, you have to pay for “insurance.” This usually means paying for a California Notary Public Surety Bond. You can buy these bonds in a variety of increments. It depends on how much coverage you need. If you are sure that you can abide by every detail and follow every law involved with having your own California notary commission, you can go with a smaller bond.

The fact is that being a notary public in California makes you a very important person, and that means you have to take your important responsibilities seriously. Besides, can you really afford to have a criminal record and fines totaling thousands of dollars because you overcharged someone by a few bucks? It’s better to follow all of those annoying rules, don’t you think?

Erin Steiner was an Oregon notary public for one term. She now writes about everything from small business to pop culture topics all over the web.

You might also like:

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

Notaries who fail the California notary exam
http://blog.123notary.com/?p=21433

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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her notary seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public.

You might also like:

California notaries who have done wrong
http://blog.123notary.com/?p=7043

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

Can a notary get in trouble?
http://blog.123notary.com/?p=21429

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