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February 1, 2014

We require notaries to be registered on our approved list

We require notaries to be registered on our approved list

An interesting dialogue on our Twitter:

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We require notaries to be registered on our approved list because fraud is so rampant in Southern California.

What approved list?

Fidelity National Title is the parent company for Chicago Title, Fidelity Title Ticor Title, Lawyers Title, and Alamo Title. You will need a sponsor in your area to apply to be on our list.

Thanks for the info

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Many companies use 123notary to find notaries to add to their list. But, these picky companies won’t hire you right off. They browse through the profiles to see if there is someone good who they didn’t see before. If you look promising, they might talk to you, and ask you a few test questions. After that, they might consider going to the next step in their process. But, high class picky companies will not just call random notaries and start trying to qualify them. They are too smart for that. They only pick the best of the best. They don’t need thousands of notaries. They only need a few hundred top notch ones.

Tweets:
(1) We require notaries to be registered on our approved list because fraud is so rampant in California.
(2) Many companies use 123notary, but they won’t use you right off. They pick and choose the best
(3) High class co’s pick the best of the best notaries. If you’re on 123notary.com, you’ve already cleared an important hurdle.

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January 22, 2014

We caught a bunch of frauds using notary verbiage

For most notaries, Notary verbiage is a cause for annoyance or confusion. Due to the poor quality of notary education in most states, notaries simply don’t know how to cross out the is/are and the unused “s” in signature(s) in the boiler plate notary wording. You can easily catch an amateur notary in the act or after the fact simply by looking at their cross outs. You can look at their journal of notarial acts and see if they are taking liberties or making omissions there too.

My notary seal impression was used fraudulently once. No, the notary seal was not stolen (don’t panic), it was just xeroxed with a high quality xerox machine onto another document that needed to be notarized in a hurry. The crime was actually done by a young lady working at a Title Company who made little circles to dot her i’s. Very post high school and ditsy if you ask me. The signature didn’t look at all like mine. But, besides all of these other stupidities, their fraud was easy to catch because they didn’t do their cross-outs in the Notary verbiage section! Additionally, they didn’t use an embosser to emboss every single page with a raise impression which cannot be xeroxed — which is exactly why I used it. If they had been more sophisticated frauds, my embosser would have been my only recourse to prove them guilty.

To my good fortune (or bad luck) I was never called into court to act as a witness. I don’t believe that the bad guys were seriously punished. Maybe they were reprimanded and promised never to do it again. A Title company could get completely shut down for that type of fraud if the right authorities ever found out. Don’t they value their future? Maybe not!

So, the moral of the story for you guys is to take your Notary verbiage seriously. That is what makes your profession a profession, and your ability to handle Notary wording defines your level of expertise.

Tweets:
(1) Due to the poor quality of notary education, notaries often don’t know how to cross out is/are, (ies), etc.
(2) A young lady who worked in title and made cute circles to dot her i’s Xeroxed my notary seal!
(3) Take your notary verbiage seriously, it might be the only thing that distinguishes you from a fraud!
(4) My notary seal was used fraudulently once! It was Xeroxed!

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The Notary, The Mafia & the FedEx Drop Box
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Fraud & Forgery related to the notary profession
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January 18, 2014

You could get sued if you don’t have a business license

Legally, you might need to get a business license
Did you just get your Notary Commission? Good for you! Do you want to start a business doing notarizations? unlikely unless you have gotten huge without a business license. However, there is a small chance that someone else might register that business name somewhere in your state or county and sue you for damages. After all, you were Legally, you might need to get a business license. But, most notaries don’t get one until they want to use a particular business name. Some even advertise in the yellow pages without having a registered business name. What is the risk in not doing so? Will the state government come crashing down on you? That is using THEIR business name and they could claim to have lost money!

Changing or removing your business name
The problem is that once you put your business name in print on the internet or in printed advertising, you might find it very difficult to get change it or remove it. Google keeps a cache of old pages for months as well, so that information you posted on the internet could haunt you long after you remove it!

Notary Business names that change every month?
We have notaries on 123notary who change their business name every month. Each time it is a different variation. In October it is MG Notary Service, and then it changes to MG Properties, and then in December it is Mary’s Notary & Apostille. Which one is it? Notaries cannot change their personal or business name on our site without my intervention. But, when I see that they are changing their business name every month, I begin to think that “perhaps” their business name is not really registered, and that they don’t have business licenses. Hmmm. Once I asked someone to send me proof of their business license and they sent me a copy of a newspaper ad they had used to publish their business name. The text was different sizes and on different lines, and I couldn’t tell which part of the name was commentary and which part was the name on their business license. Good God!

Be safe and get registered
It is better to think long and hard about what your business name should be. Then, register your business name, and get a company bank account. Then you can advertise, and do business as a DBA without “as much” risk of being sued due to your business name. There can always be some clown who still wants to make trouble with you who has that same business name registered in another county, but if you are playing by the rules, it will be harder for someone to question the legitimacy of your business name and probably less likely that they can sue you for “business name infringement”. Your name on your notary commission is registered, why shouldn’t your business name as well?

Tweets:
(1) Did you just get your notary commission? Good! You need to get a business license now.
(2) Once your business name is registered & in print, it is not easy to change it. Think it over first.
(3) We have notaries on 123notary who change their business name every month. Doesn’t sound very legal.
(4) You might be held liable for “business name infringement” if you don’t register your biz name.

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Stealing a business name
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January 12, 2014

I go over the HUD-1 first

I go over the HUD-1 First

Some notaries public start the loan at the beginning and go in the order that the documents are in. Ninja notaries call this following the order of the universe. But, other notaries public start with the HUD-1 Settlement Statement first. It is sometimes helpful to go over the most critical figures in the loan. That way if there is a problem, you will know at the very beginning.

On the other hand, you could call the borrower up before you leave your home and go over the numbers. That way you can stop a bad signing right before it even starts! That is sort of like reading the weather report online before you drive two hours to the beach. After all, do you want to go to the beach while it is raining?

One of our notaries public likes to go over the bottom of the 3rd page of the HUD and get to the really critical information first. To each their own. Just remember — either follow the order of the universe or follow your own inner order (if you have one). Good luck!

Think ahead — go over the HUD-1 Settlement Statement

Tweets:
(1) Some notaries start the loan at the beginning and go in the order the docs are in.
(2) You could call the borrower up before you leave your home & go over the numbers
(3) One of our notaries likes to go over the bottom of the 3rd page of the HUD & get to the critical info 1st.

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January 6, 2014

Can a Notary notarize a Will or Living Will?

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

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Types of witnesses in the Notary profession
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