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May 18, 2013

How do you explain the APR to a non-borrowing spouse?

Filed under: Loan Signing 101,Ninja Theme Articles,Popular on Facebook (A little),Popular on Facebook (comments),Popular on Facebook (shares) — admin @ 11:04 pm

I was talking to a notary on the East Coast. I was going to ask him a loan signing question, but then he retorted back a question in my direction before I could ask my question.

How do you explain the APR to a non-borrowing spouse?, he asked.

I gave him my routine mathematical definition of the APR and he was impressed. When he asked the question, I was thinking that this is a great question. It sounded like a trick question, but it actually is a very reasonable question. It suddenly occurred to me that the non-borrowing spouse is the epitome of a lay-person, and doesn’t understand complicated terms such as “amortized” or “finance charges”. If you have an MBA in Finance, you might not be the best person to explain an APR to someone’s wife. So, part of the genius of this question is that it tells you to use layperson language without telling you directly.

The other great aspect of this question is that it gives the opportunity to tangent goers to go off on a tangent — and they take this opportunity. I ask this question to many people, and 20% of the people go off on a very long explanation of what documents the non-borrowing spouse has to sign. But, that has nothing to do with the question. They didn’t LISTEN. This is a good listening and tangent going question. You learn very quickly who listens, and who can talk as well.

People notoriously leave out 90% of the meat of the answer when describing this confusing and diabolical term.

“It includes the fees”

Trust me, it includes a lot more than the fees.

“It reflects the cost of the loan”

Trust me, it also includes your interest as well as whatever the cost is.

“It’s usually higher than the rate”

Boy, are we being vague.

“It includes interest and fees”

Better, but very uneducated sounding.

Most answers to this question are either missing the target, or miss the main point of the APR.

The APR is a RATIO that is based on the payments relative to the total amount financed after: some of the finance charges, perhaps points, perhaps loan origination fees, PMI, and perhaps other fees have been deducted — and is reflected on a compounded annual rate.

I am not a lender and don’t know the “Real” definition. But, how the APR is calculated can vary from state to state, and from lender to lender. So, there is no absolute definition, but only definitions that are approximate. Unfortunately, the definitions I am hearing from the notaries are overly simplistic and generally just plain wrong!

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May 17, 2013

Why do I have to sign with my middle initial?

Filed under: SEO,Signing Tips — admin @ 11:03 pm

Do you get asked this question?

If your name on Title has your middle initial, is that the reason? I think so. But, what if your drivers license doesn’t have your middle initial? Then, you can not prudently be notarized with your middle initial. When signing loan documents, if you don’t sign exactly how your name is typed in the signature section, then you probably won’t get your loan. So, inconsistent middle initials can create an issue.

But, as notaries, you need to watch your signers carefully. Remember, you are there to babysit the signers. Unfortunately, most notaries are so unprofessional that they need to be babysat as well. But, you should know what you are doing.

At a signing, you should tell the borrowers exactly how they are to sign and have them practice on a piece of paper that is not part of their loan. Watch them. Make sure they don’t leave out any initials and make sure they sign using the applicable name variation.

Good luck

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May 9, 2013

Show me your ID

Filed under: Identification For Being Notarized — Tags: , , , — admin @ 8:32 am

Show me your ID & you need to reimburse me for my lost time!

This is something a Notary typically asks a signer of documents. This time, the signer asked me, the Notary to show him my ID. Puzzled, I asked why. “These days, you never know who you are dealing with”, he said. I reminded him that the Title Company with whom he was working already informed him that I would be coming to notarize the loan documents. Because he seemed persistent and my goal was to complete the notarization & get paid (after spending the better part of an hour the night before printing everything in duplicate – 302 pages — and marking which docs needed to be faxed back), I showed him my Driver License and my business card which had the words, Notary Public next to my name.

The signer then had the temerity to tell me that someone form the Title Company had to reimburse him for the time that he lost waiting to sign the docs. To add insult to injury, he then nonchalantly tells me that because I was the Notary, the reimbursement should come out of my fees. Engaging the signer in this irrational argument with distorted logic would have been tantamount to banging my head against the wall. So, I listened attentively and ignored everything he said about reimbursement. I completed all of the notarizations and signings in 45 minutes and told him to contact the Title Company directly if he had any concerns. On the way out, he playfully asked to see my ID again. I politely said NO but gave him a couple of my business cards to give it to any of his friends who needed Notary services.

Lesson Learned: Don’t argue or engage in heated conversations with the signer who is angry over something you did not cause, contribute to or have any control over. Do your work correctly (you don’t want to go back a second time to correct your mistakes and this time the signer is even angrier because you made the error and what is worse you will not get paid the second time), get out, get paid and move on…

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What is a notary public?

Filed under: Popular on Twitter 2013,Popular Overall,Public Interest — Tags: , , , , , , , , , — admin @ 5:17 am

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

.

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May 3, 2013

Find a Notary — one who provides late night 24 hour service

Filed under: General Articles,SEO — Tags: , , , , , , , , — admin @ 7:30 am

I was thinking about this today. Everybody needs to sleep. In our search results for 24 hour notaries, we should document when their black hours are. Everybody sleeps sometime — even if it is during odd hours. If they are sleeping, then maybe another 24 hour notary would be a better candidate for a particular job. Some people go to sleep at 4am and wake at 8am, and they would be perfect for a 2am job. Don’t you think?

But, 123notary has tons of 24 hour notaries in our search results. Use the Find a Notary Public Search page to find these people. Roughy 25% of all of our 7000 notaries on the site provide 24 hour service (or claim to). This can be a real life saver.

The tricky part is that not all of these notaries are “real” 24 hour notaries. Some don’t answer the phone after hours, or even during business hours. So, how do you know which of our 24 hour notaries are real ones? Surprisingly, I have called many of these notaries myself and the MAJORITY do answer the phone late at night, even after midnight. Keep calling until you find one who can accommodate your job.

24 hour notaries are often used for last minute travel documents, hospital signings, airport signings, and loan signings for people who work unusual shifts. I did a loan signing at 2am for someone who got out of work at midnight. A bit unusual, but there was no traffic, and my client was very nice. It worked well.

Find a 24 hour notary public on 123notary.com on our Find a Notary page. Good luck!

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May 1, 2013

We should be setting the fees, not the other way around!

Filed under: Carmen Towles,Popular Overall — Tags: , — admin @ 9:00 am

I was reading on linked-in a thread that was started about a notary wanting to increase her signing agent fees based on gas prices. It was nothing outrageous just a simple $10.00 increase due to the rising fuel costs. This is not unreasonable, or is it?

Unfortunately today, in addition to fuel it seems everything that we use in our profession is rising, from paper, ink, etc., but the signing fees from many signing services are getting lower and lower. And I couldn’t help wonder how this increase or any increase for that matter is going to play out for those of you that choose to raise prices out of shear necessity. I remember back in our heyday when loan signing requests were at there all time high that I personally went to two of my major signing companies and requested ever so humbly that I needed a small fee increase. The response was that although they loved me and my work it was impossible for them to do this. My response was (in a nice but firm tone) that I felt that this was not an unreasonable request and I believed that they could very well increase the travel portion of my notary fee but just did not want to due to to the fact they didn’t want to share the fees any more than they have to. And although I didn’t say it I was thinking that it is was nothing but GREED that was the deciding factor and motivation for them to deny my request. It was at that time I stopped working for signing services at all. And I have never looked back.

So, now unbelievably so, it is 2012 and nothing has changed. From what all of you tell me (and from what I see with my own eyes) things are worse than ever in the fee department. Not to mention they have tacked on more duties that are now required of us, more pages to print, etc. For me it is just so outrageous that we are still allowing these companies to dictate what they will pay us. In my opinion, it should be the other way around. I don’t go in to my doctors office and tell him what I am going to pay for his services. He would definitely think I was nuts and most likely kick my you know what right out of his office. But what is even clearer is that I CAN’T go into anybody’s office requesting services and tell them what I am going to pay them. This is ludicrous. The signing services should take a percentage (lets say 30%) and that it is. After all we DO the bulk of the work. But sadly when working for most signing services we make the least amount of money. How did this come to be and how did it become acceptable to all of us?? When did it become okay for them to set our fees for us? Hell, did anybody ask you if this was ok?… I am positive nobody asked me!

I mean I have never heard of any industry that if independent allows OTHERS to dictate the fee for someones else service. If I have several notaries when calling around marketing or when they get a call requesting service, asking “How much do you pay?? Are you serious? This is UNACCEPTABLE to me! Why are WE asking how much THEY pay!?! We should be getting the details of what will be required and then offering up a price that is inline with the service that we are going to provide. Certainly not the other way around! This needs to stop! And it can stop with each of us doing our part. Stop asking and start telling!

Now, occasionally I read the boards and there will be a thread about price fixing… this is NOT what I am talking about. I mean are the appraisers, plumbers, doctors, private attorneys, etc price fixing when they keep their prices within a ball park of each other?? Certainly, not. It is about getting what you are worth! PERIOD. Until we start sticking together soon and I mean very soon; you WILL be working for free! (we damn near are now) And now, before anybody says it, I realize that they are more often than not the liaison between us and the title/escrow companies but if we all stick together and refuse these low ball fees, our fees WILL come up. And on a side note, if you ask me, it seems that the signing companies are the ones that are guilty of price fixing!!

I’d love to hear some of your feedback on this issue!

Until next time! Be Safe!

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April 30, 2013

Help, I’m being sued, and E&O won’t help

Filed under: Business Tips,Loan Signing 101,Ninja Theme Articles,Notary Mistakes,Popular on Twitter 2013,Popular Overall — Tags: , , , , , , — admin @ 2:37 am

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

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April 28, 2013

Best Practices: When it is legal to notarize a document twice?

Filed under: Best Practices,Ninja Theme Articles — Tags: , , , , — admin @ 8:29 am

Q. When is it legal to notarize twice?

A. Any time you get two journal entries for the document in question and attach two separate certificates.

How is this?

Many notaries fall into unfortunate circumstances. We live in a day and age when old fashioned common sense is not a part of life any more — at least not in the Title industry. A notary will be given an Acknowledgment form with wording that just isn’t acceptable. Perhaps the venue is for a different county or state. Perhaps there are two names on the Acknowledgment when there is only one signer — and a cross out will just look funny. Maybe something else will be wrong. Use your imagination here — you are notaries!

So, should you cross-out Jim’s name on the Acknowledgment form since only Jane is there and Jim is on a business trip? Or should you attach an additional acknowledgment form and leave the original blank? The issue here is much more than what the law says. The law doesn’t address cross outs to my knowledge although it definately seems that it is not a “best practice” since it looks dubious and possibly fraudulent.

Do you really want your notarized documents to look tampered with? That is what notarizing a document with a cross-out looks like. Sure you do it all the time, but what if fraud really is involved and you get called into court just because you think it is fine and dandy to simply, “cross out and initial — I do it all the time”. Well, stop doing it all the time on notarized documents. It is a “worst practice”, not a best practice. Best practices include starting fresh with a clean acknowledgment and filling out properly with not only the state required wording, but also a document name, document date, document description, number of pages, etc. If you are smart, you will emboss every page on every document that you notarize whether the clients like it or not — for your protection. It makes page swapping after the fact very noticeable and detectable.

So, I recommend the fresh acknowledgment approach since it is clean and a best practice. But, on the other hand, what about notarizing the document twice and giving the lender a choice of the messy cross-out version, or the clean attached version. Some lenders HATE attachments (even though it is legal and kosher). Many lenders do not mind cross-outs even though it is abominable to anyone with standards. So, if you give them a choice, at least they will have less cause to be unhappy. They will know that you went above and beyond for them.

However, you will be committing fraud if you send a loose acknowledgment in the mail to the lender who doesn’t like your first attempt. Sure you already notarized it, but now there are two certificates floating around and not attached. The “best practice” here is to tell the lender you need the original back, you shred the certificate, add another certificate, and then send it back. Lenders don’t typically like best practices because it takes longer. Fraud is easier! But, don’t even think about it.

I will end this entry with a quote from a Yiddish folk story

Crime doesn’t pay, but oy, such good hours!

I will end this entry a second time, but this time with a line from a Mexican folk song about notarizations

Dos Acknowledmentos Un Documento?
Ay que paso en esta mundo?
Que voy aser con esta notario?
Llama el telefono a el Loan Officer por favor!

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April 21, 2013

Mistakes notaries make w/ Title Companies

Filed under: Loan Signing 101,Notary Mistakes,Popular on Facebook (very),SEO — admin @ 2:35 am

Notaries all want Title Company business, but not all of them get it. Why?

Experience is half of the problem, and skills are the other half. But, what about the THIRD half?

Communication skills
Do you use bad grammar? Do you make spelling mistakes in your notes section?

I also make spelling mistakes. Fewer than I used to make ten years ago since I write more.

But, Title Companies will reject a notary based on these factors.

What if there is no useful information in your notes section?
Do you ramble when people talk to you, and go on and on?
Do you go off on a tangent during a conversation and not stick to the topic at hand?
Do you give dumb sounding answers to simple loan signing questions?
Is there background noise when a title company calls you?
Do you answer the phone by saying “Hullo?”
Do your children answer the phone?

Does your answering machine have unprofessional sounding music?
Does your answering machine state your name?
Is your message system full?
Do you have reviews on your profile?
Are you certified by 123notary?
Do you have a tone of voice that is uninviting?
Do you ask people to repeat what they said?

Notary: Hello?
Tammy: Hi, this is Tammy from Tammy’s Title
Notary: Who is this?
Tammy: TAMMY from Tammy’s Title
Notary: Tammy’s Title?
Tammy: Yes, Tammy’s Title! May I speak to Linda please
Notary: This is her.

Jeremy’s comment: Are you deaf? Tammy stated her personal and company name very clearly when she called you, what’s the problem. Are you not paying attention? Or, do you just not know how to respond, so you ask a stupid question? Tammy thinks you are very stupid by now. Did you know that roughly 15% of notaries ask me to repeat information that I stated very clearly? I am not sure what their problem is. If I ask a quiz question, then 80% of the notaries make me repeat the entire thing twice — but, that is more tricky, so it is allowed in that context.

BTW, it is bad etiquette to say hello when answering the phone. State who you are otherwise the other person will have to guess or ask you. Also, don’t say, “This is her” as that is bad grammar. “This is she” is correct even though it sounds strange.

To sum up the point of this article.
If you want Title companies to think well of you and hire you — don’t act stupid. Have your act in order, and be able to answer questions quickly. Be professional — otherwise they will hire someone else who is professional. Title companies pay up to $150 a pop and notaries line up for these types of jobs. Title companies have choices — you don’t!

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You might also like:

The way you treat Jeremy might be the same way you treat title
http://blog.123notary.com/?p=19590

When a title company lies to you
http://blog.123notary.com/?p=19349

If you contact title companies directly, what do they want?
http://blog.123notary.com/?p=16110

Notary Marketing 102
http://blog.123notary.com/?p=19774

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April 20, 2013

Types of witnesses in the notary profession

Filed under: Witnessing — Tags: , , , , , , , , , , — admin @ 10:25 pm

Types of Witnesses in the Notary Profession

All the names of witnesses in the notary profession can be confusing if you don’t know your terminology. I am going to write a brief tutorial of various types of witnesses.

Witness
Anyone who witnesses a signature can be a witness. In general you should be 18 years of age or older to serve as a witness. A witness could engage in the act of witnessing a signature.

Credible Witness
Most states allow the use of Credible Witnesses to identify a signer. Some states will allow two Credible Witnesses who know the signer, but do NOT know the notary. Some states will allow one Credible Witness who knows the signer as well as the notary. Some states will allow one or two Credible Witnesses. Consult your state’s notary handbook for details.

Credible Identifying Witness
A more legal or technical term for a Credible Witness

Executing Witness
Also known as a Subscribing Witness that would be used in a Proof of Execution signing. Don’t make a mistake on this type of notarization or the joke is that you will be executed!

Subscribing Witness
A witness who watches someone else sign their name. The word “sign” can sometimes be synonomous with the word “subscribe”.

Subscribing Witness for a Signature by X signing
A Subscribing Witness is also the term for someone who watches and assists in a Signature by Mark or Signature by X signing.

Witness to a Jurat Signature
Notaries are required by law to witness signatures that correspond to Jurat notarizations. Signatures that are to be acknowledged on the other hand, do NOT need to be witnessed, and can be signed before (even years before) the signature is acknolwedged.

Witness to a Will
Being a witness to a Will is similar to any other type of witnessing, except for the fact that the witness might need to (or probably should) document the fact that they witnessed a will signing on the signature page of the Will. Wills are by definition, orten much more serious than any other type of document.

They are often more important even than Power of Attorney documents or Grant Deeds. Another reason why witnessing signatures on Wills is so critical is because the signer will probably be dead if and when the document is disputed. It is too late to drag someone into court to testify if they are deceased!

You might also like:

Compilation of posts about credible witnesses
http://blog.123notary.com/?p=20414

Can a notary witness a Will or notarize one?
http://blog.123notary.com/?p=1525

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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

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