September 2016 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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September 30, 2016

Notary Jury Duty 2

The original dated January 6th ended up in a mistrial.

A group of Notaries was subpoened to be on the jury of a heavy duty murder case. The actual details of the murder were very peculiar though.

An actual Notary was hired to witness the murder. But, the Notary needed to reschedule the murder so it could be on the same date as the document which the Attorney needed another day to draft. So, the murderer said,

MURDERER: Okay, no problem, I can come back tomorrow. I’m available the whole day as a matter of fact. I’m good at killing time too as a matter of fact.

MURDER VICTIM: Gee, I’m not sure that tomorrow’s convenient for me. And by the way, you’re really killing my schedule by moving the murder to tomorrow.

NOTARY: My Attorney says the murder documents will be ready by 1pm.

MURDERER: Now, wait a second. If I’m going to commit a murder, wouldn’t it be better if there were no witnesses?

NOTARY: Well, technically yes, but since being a witness is an integral part of my profession, I’d kind of prefer to be involved in watching the prodeedings.

MURDER VICTIM: You know, I’d be a whole lot more comfortable with that too. Considering that after the fact, there would be some testimony on my behalf.

MURDERER: After the fact? There ain’t after the fact, at least not for you’s.

During Jury Selection
The prosecuting Attorney originally wanted to remove any Notaries from the Jury due to the fact that they might be biased for the Notary — or against the Notary since the Notary made some technical mistakes. But, then he changed his mind as only a Notary would be familiar enough with the circumstances of the crime to be a good juror. So, he and the defending Attorney both agreed to pick only Notaries in the jury.

In the actual murder, the murderer signed a pre-confession affidavit in front of the Notary admitting to being about to kill the victim. The victim also signed and dated the form using his own blood in a fountain pen. Fortunately, the victim showed in a timely manner for the murder, otherwise the murder date would not have coincided with the date of the freshly drafted document. Since the victim was chained to the toilet in the bathroom, so he had no choice other than to be on time. The Notary found it suitable for the victim to be chained to the toilet as the victim was a “regular” client.

The murderer, however, used a fake ID during the signing and did not thumbprint the journal, and then proceeded to murder the victim as well as the Notary. That’ll teach him to notarize at murders! Since the documents had fake names on them, the only way to identify the murderer was with DNA samples.

Trial Introduction
The judge informed the Notaries that it would be a 17 day trial involving professional witnesses, DNA experts, and neighbors who were witnesses as well as a clairvoyant who would interview the deceased Notary who was the primary witness even though that evidence was not admissable in court. The Notaries asked if they could have walk-in clients come during the trial so they could make a little extra money above and beyond the 31 cents per mile travel allowance. The judge said yes if he got 50% of the proceeds.

The Trial
The trial ended because another Notary waiting by the door. Aparantly the signing company double booked the appointment, and Notary #2 was just waiting by the door and heard everything. Additionally, Notary #2 saw the murderer come down the stairs and out the door with blood on his hands and was able to positively identify the perpetrator. So, the trial ended after 8 days due to this Notarial witness who appeared out of nowhere.

The Ending
Although the Notaries all agreed that the murderer was guilty, the murderer became a huge celebrity and posts about him went viral. Suddenly everybody in America wanted his autograph. But, did the autograph need to be notarized?

You might also like:

Notary Jury Duty (origional)
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Noternity Court
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September 29, 2016

Notary Aptitude Test 2

(1) Notary Stamp is to Notary Seal what Attest is to:
(a) A test and a verbal verification (b) swearing and stating (c) The 123notary signing agent online test and proof (d) Oath and affirmation.

(2) Document Date is to Signing Date what Match.com date is to:
(a) Ditching date (b) Marriage date (c) Engagement date (d) Backdate (e) No relation

(3) Backdating is to signing what _____________ is to lying about your age.
(a) Match.com profiles (b) rescission date (c) Notary Applications (if you’re under 18 or not a US citizen) (d) notarizing an acknowledgment an hour before your signing appointment.

(4) Name on Title is to Name on a Document as name on Birth Certificate is to:
(a) Name on your ID (b) Your street aliases (c) Death Certificate (d) Mother’s maiden name

(5) Jurat is to Oath, what Oath is to:
(a) Quaker Oaths (b) Oath written text (c) Swearing (d) Attest

(6) Original document is to wet ink signature as commission paperwork is to:
(a) Secretary of State’s seal (b) name of your state (c) Felony conviction (d) Commission impossible

(7) Venue is to State what State is to:
(a) Secretary of State (b) City (c) County (d) Zip code

(8) Witness is to bank robbery what Notary act is to:
(a) Acknowledgment (b) Jurat (c) Protest (d) Unmarked Bills

(9) Subpoena is to testify what credible witness is to:
(a) Busy-body (b) Bank Robber (c) Subscribing Witness (d) Identify

(10) Middle initial is to document what ___________ is to identification
(a) Name (b) Middle Name (c) Matching or longer (d) Name on Title

(11) Digital signature is to an eSigning what a/an ________________ is to the future of the Notary profession.
(a) eDocuments (b) Notary (c) eNotary (d) 123notary

(12) SnapDocs is to the Notary Profession what Walmart is to:
(a) eBay (b) Retail (c) Amazon (d) Life

ANSWERS:

1. Note to readers, seal has two meanings. It could mean a stamp, or a signature). Answer (a) is correct even though it is part joke and part true.

2. (e) is the correct answer as the document date is arbitrary and could be any date, and has no relation to the signing date although it is commonly the same date as the signing date by convention.

3. (a) Match.com profiles typically have women who lie about their age and roll back the years about five to ten years. But, do men also backdate their age?

4. The name on Title is your official name that the property is registered to which carries a certain amount of official merit to it and permenance just like the name on your birth certificate. However, people do change their names after the fact that could lead to different names on the document or ID. Correct answer is (a).

5. (c) Swearing is a part of the Oath just like an Oath is a part of the Jurat process.

6-12 Figure it out on your own! That was fun!

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Notary Aptitude Test
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Two & a Half Notaries: Detering Notary Fraud
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September 28, 2016

Notary Airport

NOTARY: One day there will be a Notary Airport

SAM: When pigs can fly.

NOTARY: Well actually, it will be seals flying. The airplanes will look like giant seals, whiskers and all.

SAM: Maybe they should make a Notary submarine that looks like a seal instead of a flying seal.

NOTARY: The good part is that when Notarizations are done on the plane, the prices will be sky high!

SAM: Yeah, and if you notarize in the air, you can join the Notary mile high club.

NOTARY: Yes, but wait until you find out what the airport layout will look like….

The terminals will be shaped like Notary seals. Each terminal will have a coffee house and bar with a Notary bartender. The newpaper store will sell NNA’s newsletter in addition to the Wall Street Journal. The parking lot will have a special section for Notaries that is closest to where the shuttle picks you up. And when you go to check in your bags, they make you sign the journal and thumbprint. How cool is that?

Scene from aiport security.

OFFICER: Sir, please remove any metal objects from your pockets and step forward slowly.

SAM: Okay… should I take off my belt too?

OFFICER: Just wait for us to put on the saxophone music before you do that please sir.

SAM: Got it.

OFFICER: Our scanner found a metal object in your bag that resembles an embosser?

SAM: Is that a problem, officer?

OFFICER: Well, not necessarily. Is this a registered embosser?

SAM: Does it need to be?

OFFICER: Step to the side sir.

SAM: Uh-oh.

OFFICER: I’m going to need to pat you down. Please stand still.

SAM: Wow, you’re good at that.

OFFICER: I know… I get that a lot. I used to be a Priest for 30 years, a ballet teacher for 3 years, plus I worked in the airport for 4 years.

SAM: Oh, it all adds up now. Now I know why that comes so naturally to you. The embosser was authorized by my state. I have the paperwork at home.

OFFICER: Great. Let me just check your commission number on our computer system… Uh huh. Okay, no unauthorized used on our database. The waiting areas are in front of you or have a drink at the flying embosser. Just don’t use your embosser under the influence of alcohol or heavy medication per airport regulations. If you get bored in the waiting room, you can read Notary Handbooks from all 50 states plus DC.

SAM: I’ll get bored, but not that bored. Thanks.

OFFICER: And may God bless you — if there is a God.

SAM: Some Priest you are/were.

OFFICER: Well, I stopped being a Priest because I stopped believing in God.

SAM: Hmm. Well, I stopped being a Mortgage Broker in 2009 because I lost interest.

OFFICER: Forgive me father for I have rescinded — that was a good one! I’m just kidding, I still believe in God, I quit the church to run for the senate because things at the church got too — political.

SAM: Gotcha!

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Notary Happy Days goes to China
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Signing with a former airline captain
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September 27, 2016

The Nose Best Notary

OK, I’ll admit it – I cheated. Of course the title should use the word “knows”. But, there seems to be a problem in the notary community. A disproportionate percentage of notaries feel they are a “cut above” the rest of the field. Not a tiny cut, but by a wide margin – knowledge wise. Many of us seem to consider ourselves the best – not “one of the best” but “the ultimate notary”, why?

I’ll venture a guess. It’s that the vast majority work for themselves. They answer to no one. Thus, they do their own “self evaluations” and, surprise – bask with pride at their reflected image. Wake up; you have a lot to learn. The world, security wise, is changing rapidly. The old TIL and HUD have been usurped by a CD. Are you hoping I will define that – sorry – I will not – you are supposed to know what a CD is. OK, you aced it – but how aware are you of its components?

The problem is manifested in more than knowledge of esoteric loan package forms. It goes to the heart of being a responsible public official. The county sheriff would not be in office long if they could not recognize one of the 10 Most Wanted if they passed them on the street. Similarly, you need to keep up on changing components that affect your working environment. A good start would be to review the Current Edition of your governing regulations. Things have changed since you took your notary exam. You swore to uphold those rules, and must maintain your knowledge.

Take participation in the http://123notary.com forum. Many are the posts that offer their own opinion – believing that theirs is the only right path. Few are the posts that acknowledge that someone with a superior understanding offered the right approach to the situation. It’s an interesting exercise to explore the web sites of those self proclaimed luminaries. I have done precisely that. What I found was gushing self praise and absurd proclamations. We can be at your location in 10 minutes. We know every doorman in the city. Our notarizations are much better than any other. Blah, blah, blah.

How do you throttle back your ego? One good method is to submit to standardized testing. This site offers a few varieties, as to some others. Of course there is your state notary manual, do you understand every word. Not each sentence by rote – but each concept by its essence. Did you ever call upon your licensing authority to explain a “fuzzy” concept? Or, did you just assume “I don’t need to know that. Here in NY State notaries must view “Adequate Proof”. The term is not further defined in the Notary manual. I spoke at length to them to derive their intended meaning.

Nobody is the knows best notary. Some think they are. The ones that come close are open minded and willing to learn. The foundation is, of course, your governing laws. But, it is in the application of those parameters that we exhibit our judgment; and our “wisdom”. For your business to be viable, you need to meet your clients’ needs and desires. Sometimes creative approaches, based entirely on what is completely proper are required. Given a complex situation there are those who will claim the request illegal; usually a safe choice. But, others with a greater breadth of knowledge can derive a totally legal and possible innovative solution. It is those whose clients feel that their notary “is the best notary”.

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September 26, 2016

What is a high placed listing on 123notary worth?

Many people want a high placed listing for Notary advertising on 123notary.com, but complain about the prices. We keep our prices intentionally high to weed out Notaries who are not serious. But, should you pay big bucks to get a high placed listing?

A Good Foundation
First of all, you will not get your money’s worth if you did not pass our (signing agent) Notary certification test. People who visit our site want to see our signing agent certification, not some other agency’s like NNA or Notary2Pro, etc. Additionally, without a few fresh reviews from satisfied clients on your listing, you will lose a lot of the potential of a high placed listing. Finally, your notes section needs to be perfected, so ask us for help — it’s free. So, get your foundation in order before you invest above $100 in a listing.

Building Your Presence
123notary allows people to buy a high placed listing half a year at a time. So, you can try it out. Sometimes we might even let you try three months. We want you to be happy with what you purchased. So, if you try it out, you didn’t lose much if it didn’t work out. Some people have amazing stories of getting several jobs within hours of signing up while others wait weeks. A lot has to do with your luck, your presentation and timing.

Trying Multiple Areas
123notary also allows you to try multiple areas. Our most serious Notaries advertise in several counties with high placements. But, some of them want to put their toe in the water before making a long term commitment. They might get an additional county with high placement in Montgomery County to see how that goes. If it doesn’t work well, they ask if they can move it to Orange County. We understand that you might want to experiment, and that’s okay.

What do people who have been advertising on 123notary say?

I get 90% of my work from 123notary!
We get this a lot, but not from all of our Notaries. 123notary is feast or famine. The Notaries on the top of the list get most of the jobs while the Notaries lower on the list get the leftovers if there are any. Once in a while, a well prepared Notary lower on the list will get a fair amount of business too because they presented themselves well and have deep experience.

I got my first job within hours of signing up!
Some people get lucky and get a job right away. This is partly due to yogic thought. When you are thinking about expanding your presence, you attract new clients. Putting your money where your mouth is also increases the power of your thought. Some people have to wait a while before getting work. We recommend working on your FOUNDATION as we mentioned above as that can dictate how well you do against our very seasoned competition who lists on our site in your county (or perhaps they do)

I got five jobs my first two weeks on 123notary
Some people get a slew of jobs after getting a high placed listing on 123notary. There is no accounting for luck. Others start racking in the jobs after they pass the 123notary certification test.

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Which Notaries are getting more business?
http://blog.123notary.com/?p=4117

5 or 6 reviews doubles your business!
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From 3 jobs per week to 3 jobs per day!
http://blog.123notary.com/?p=3940

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

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September 24, 2016

Can a Washington Notary notarize in Idaho?

As a general rule, a Notary can notarize in any county of their state of commission. A few states have some bizarre exceptions to this rule for Deeds of properties that are in the Notary’s home state. Louisiana also has a weird rule that you can only notarize in Parishes that you are commissioned in or ones with reciprocal agreements unless you have statewide jurisdiction. What does it have to be so complicated? And why can’t they have counties like normal states?

A Washington State Notary Public may Notarize in any part of the state of Washington. However, it is allowed for a Washington Notary Public to get dual commissioned as an Oregon Notary Public or an Idaho Notary Public which is very practical if you live near a state border. Notaries in Vancouver, WA often get dual commission in Oregon so that they can service a larger area. Additionally, Notaries in Spokane, WA often become dual commissioned in Idaho as an Idaho Notary Public as well.

If you are in a pinch, and someone out of state needs your Notary services, you can meet them right at your state’s border (on your side of the border) and Notarize them there. It rarely matters what state a person is notarized in, but you could lose your commission if caught notarizing outside of your state’s borders!

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September 21, 2016

MY BIG PHAT GEEK WEDDING

MY BIG PHAT GEEK WEDDING

For those who don’t know that “phat” is a funky way of saying “excellent,” now you do. Phat! (Next time your girlfriend asks, “Do I look phat in this?” tell her yes!) And geeks are excellent too. We’re all computer geeks now. Those of us who aren’t need a computer geek. This is the short story of the marriage of two very specific subsets of geeks – Notary geeks.

Notary geeks live and breathe all things notaries. And when two such geeks find each other, it could be time to relay each other’s seals of approval, whose terms expire when death do they part. Plus they’ll never cheat on each other, because rather than swear at meddling relatives, these two swear to take an oath. When your promise to be faithful is under oath, it makes for a lot less cheating later on. In “My Big Fat Greek Wedding,” breaking plates created pandemonium. In “My Big Phat Geek Wedding,” it’s breaking oaths.

Rather than look forward to the “deed” come the honeymoon night, our geeks look forward to overseeing a document by which a relative transfers property… the “deed.” Rather than using Windex on every ill from psoriasis to poison ivy, our geeks consider such a thing “malfeasance.”

Finally, unlike “My Big Fat Greek Wedding,” our geeks aren’t planning a lame sequel, “My Big Phat Geek Wedding 2.” Unless you call an “attested copy,” a copy of an original document, lame. Or a sequel.

Phat chance!

Short of a sequel, our story took a dramatic turn when, at the Big Fat Greek wedding when Sheldon and Raj from “Big Bang Theory” showed up…

Sheldon: “We’re here!”

Raj: “What’s with all the souvlaki?”

Sheldon: “I thought this was a geek wedding, not a Greek wedding.”

Raj: “I guess we misread the invitation.”

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Can a Notary perform a wedding?
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Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?p=15132

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September 20, 2016

Their Signature

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

You might also like:

Your signature needs work
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How to get something notarized that doesn’t have a signature
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Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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September 19, 2016

Do you negotiate fees correctly over the phone?

Most Notaries study from loan signing classes, but never study the art of negotiation. Negotiating is not hard, but it is an art. Turks, Persians and Indians seem to excel at this while Americans haven’t a clue. In negotiating Notary fees, the secret is to make sure the other person makes an offer first. If you offer first, it might be too low in which case you’ll lose money. Or it might be too high in which case they’ll think you are too expensive and might not want to bargain. If they offer first, you can raise the price by $15 or $20 and still be in their ballpark or just agree if they are being reasonable.

On the other hand, if you want a reputation of charging fair fees for solid work, you can have a pricing formula based on time spent or even have fixed fees, or mileage fees. If you charge $110 per signing, that seems reasonable. They can always bargain you down to $85, and if it’s not too far, you might say yes and make some fast money.

I remember talking to a sub teacher who made $90 per day. Making $85 in two hours including driving and printing is better than $90 in a day. So, you are making more than teachers who are supposed to be the pillars of education in society today.

The other thing to remember is that you have to get your facts and terms straight before you quote a realistic price. If you don’t know how many pages, fax backs, signers, and notarizations there are, you might not give a true price. If you don’t know if the company is fibbing about the # of pages you’re in trouble too. If you don’t know if you get paid if the loan doesn’t fund, you’re in trouble too. Terms are as important as price or anything else. You can negotiate a $500 price, but if the loan doesn’t fund, you might get zilch.

So, put all the cards on the table before you quote your rate. You can quote first, or wait for them to make an offer. Additionally, most Notaries prefer phone offers to emails or texts because they can bargain more easily. You can bargain in any medium. Just state your rate and state your terms by text, email or phone. It is the same — just more delays in feedback.

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Can you negotiate prices with SnapDocs?
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Negotiating with aggressive callers
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September 18, 2016

He, She, or They?

He She or They

Jeremy and others have often mentioned the “requirement” (in quotes because the laws regarding this issue probably vary by state) to cross out the irrelevant sections in a notary section. They reason that the notary is responsible to redact entries that do not “match” the person being notarized. I disagree.

In the thousands of notary sections that have my signature and seal, over a decade of doing this; not a single one has had the redactions. Not one. And, I have never been “called to task” for not completing the section properly. There is no mention in New York State law requiring such action. The model for the Acknowledgement that I use has both “he she they” and “his her their”; and is taken directly from the handbook for NY notaries. My Jurat is even simpler: Sworn to and subscribed before me by _____.

Long before “gender identity” was a news topic I concluded that I was not the person to determine the gender of affiants. If I am not the one, who is? Well, the best answer is probably the affiant. However, some may consider a medical doctor more appropriate. It could also be a Judge. I do not see it as my function, in MY statement, to declare the gender of the affiant. Now the gender identity issue has become a hot topic in the media. To me it’s a personal issue, one for the affiant to declare or not declare as they see fit. Whatever gender identity THEY say, outside of the notary section; is fine with me.

My sharp eyed critics, and they are legion; will have noticed I included “they and their” as items that I do not redact. They are thinking “surely you should delimit the notary section to one individual when multiple names are not being notarized”. Perhaps, but I offer two defenses to leaving it as is. First, the sole name, when there is only one affiant signing, is clearly entered in the notarization. Secondly, and admittedly this is a bit of a “reach” – the affiant might identify as being of dual identity. One ID, but they consider themselves two persons. Possibly one gender sometimes, different other times. Technically it’s proper for me to enter two names in the notary section when only one person is before me and taking the oath. This comes directly from the NY County Clerk office. If the affiant has two passports with a different name on each document – they have “proved” both names and “they” have the option of having each name entered on the notary section.

With the rampant rise of identity theft and similar crimes; the role of the notary has become more, not less, important in commerce. More important yes, but not of greater scope in our basic function. Many are the “notary signature only” documents I have seen included with the packages. Fortunately for me it is illegal in NY as a notary; to make statements of fact. The most common being for me to state that I have determined the identity of the affiant(s) to an absolute certainty. The State standard is to view “adequate proof” – not absolute proof. These statements by the notary will only admit you to the litigation chain if, in fact, you were conned by a good looking forgery of the ID.

But, let’s get back to the gender issue. A person is a person, nobody will refute that. We notarize people, they come in a wide variety – and it’s our job to accommodate all of them; within the bounds of our respective state codes. I leave my notarizations “open” to be all inclusive. It’s for others to decide issues of gender. It’s so easy to make false assumptions. I have asked the Sister of the affiant to sign on the Spouse line. Ouch, that was awkward for a moment. Clearly including the name, as taken from the ID is what works for me. Of course care should be taken to not provide an “open ended” notarization to which some additional name(s) can be added at a later date. As the County Clerk told me: “You notarize the name as on the ID, nothing else”. Thus, I make no determination as to he, she, or they, and leave the form alone.

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10 tight points on loose certificates
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Notarizing John W. Smith
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Notary certificates and Notary verbiage
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