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

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

November 30, 2016

Notary Acknowledgment Wording

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

.

You might also like:

Use 123notary to Find a Notary
Find a Notary

Can you send a loose Acknowledgment?
http://blog.123notary.com/?p=16168

California Acknowledgment Wording Explained
http://blog.123notary.com/?p=8459

Optional Information on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

Share
>

November 29, 2016

Subordination Agreement

Filed under: (4) Documents — Tags: , — admin @ 10:24 am

What is a Subordination Agreement?
A Subordination Agreement is a notarized document that establishes the order of liens against a property. If the property owner defaults in a payment resulting in a bankruptcy, the lien mentioned first in the subordination agreement gets paid off first from the proceeds.

If you are refinancing your first mortgage and have an existing second or home equity line, one could “subordinate” the second mortgage: request that your second mortgage holder go back into the second lien position when you replace your existing first mortgage with the new refinance loan. The Subordination Agreement is the document used for this purpose. The Subordination Agreement always needs to be notarized and recorded with the county recorder.

How can you notarize a Subordination Agreement?
The Subordination Agreement is commonly notarized with an Acknowledgment. You would need to personally appear before a Notary Public with this document signed by you. Then, you would sign the Notary’s journal (in most states) and acknowledge that you signed the document. You would need to be identified by the Notary with a driver license, passport, or other current government issued photo ID with a physical description. Then the Notary would fill out the Acknowledgment wording, sign and seal the paperwork, and you’re done. This document needs to be recorded at your county clerk’s office as stateed above!

You might also like:

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

Best blog articles for advanced Notaries
http://blog.123notary.com/?p=14736

Share
>

November 28, 2016

Strategies for efficiency in the Mobile Notary Business

For those of you who are mobile Notaries who want to get ahead, being efficient is half of the game. Here are some strategies that can help you use the most of your time, so you can make more money.

1. Take jobs that are close.
If you are running all the way to the other side of the county to make a lousy $75, you won’t have time to take job offers for closer jobs. Try to manage your distance and charge for it. Time wasted in labor-intensive work takes away from your availability which has a value.

2. Advanced payment
Tired of chasing down your fees? Are you tired of wasting time faxing invoices again and again? You will save a lot of time and grief if you require companies to pay up front. You migth not require all companies to pay up front, but at least ones with spotty track records should. Additionally, companies that use you a lot that you did several jobs for and haven’t gotten paid yet since it has only been a few weeks — you might have a credit limit for them and make them pay up front if they want more than three or four jobs done before you receive payment.

3. Fuel efficient cars
If you drive a car that guzzles your gas, that will eat into your profits. If you think that’s a problem now, think about ten years from now. Gas is more likely to be more expensive than less, unless China and India disappear from the face of the earth. With the rate of cancer in China, they just might disappear, but don’t hold your breath on that one.

4. Faster printers
Do you waste time waiting for your cheap printer to print stacks of documents? Perhaps you should invest in a really fast printer if you are committed to this industry. If you can print a set of documents in three or four minutes, that is fast. Each time you print two sets, you might save ten minutes. That adds up.

5. Faster eDocs
If you work for companies that send documents fast and don’t keep you waiting, you will save big amounts of time. The slow companies need to be charged extra, and unknown companies need to build a track record with you before you trust them. Not having to wait three hours for edocuments is actually a big deal. Waiting cuts into your time you will need for other customers, many of which will call at the last minute.

6. Know thy Fedex stations
If you know where all the Fedex stations are in your general area, you’ll know the fastest route to the nearest Fedex no matter where you are.

7. Mobile Printing
Instead of having to come all the way home to print, why not print on the road? Imagine all the time you’ll save. We’ve written several articles on mobile offices over the years. See if you can find those articles (good luck — they’re buried deep.)

8. Confirm the signing
Lots of time is wasted when you go to a Notary job only to find that people aren’t ready, don’t have proper ID, or didn’t ask their wife to come too. If you confirm and make sure everybody’s wife and ID are in order, your appointment will go more smoothly and you won’t have too many evenings ruined by a lack of preparation.

9. Shorter packages
If you know which banks have shorter packages, you can charge less for those. That way you get in and out of appointments fast.

10. Pray to the signing Gods
If you pray that your signers will sign fast, you’ll get in and out of appointments quickly. I said a similar prayer, but in a very different circumstance. I had to go meditate at a place that closed their gardens at 5pm. I prayed that they would not kick me out at 5pm. My prayer came true — and this was the only time I’ve been there out of dozens of times they let me stay so late. Unfortunatley, I got locked in and had to beg the nuns to let me go. If they hadn’t come so quickly, I would have had to pray to the nun Gods that the nuns would come. Prayer is tiring work!

Share
>

November 27, 2016

The Notary and the Paypal Hold

Filed under: General Articles,Popular on Facebook (A little),Popular on Linked In — Tags: — admin @ 11:13 pm

Most of our customers make orders using 123epayment.com or talk to Carmen. Whenever people order through Carmen, we never have trouble with those orders. Carmen talks people through the transactions and tell them every detail about what they need to be aware about. The problem is when people order from Paypal.

We have been accepting Paypal transactions for over ten years now. Most transactions go through just fine. But, there are issues that pop up every month or two.

1. Vacation — If I’m on vacation and a stranger orders a course via Paypal, I will only be informed if I check my email. When I’m on vacation, I check my orders at 123epayment.com at least once in four days. But, I sometimes don’t go into my gmail for security reasons. I don’t want to get hacked by using a public computer. Sometimes people will create a claim or a dispute on their Paypal order because I am behind schedule processing their transaction.

2. Missing information — Most people who order from Paypal have a company name on the transaction and not a personal name. I look people up in my system by personal names. I can often track the email to their account, but not always if they use a different email. I often have to ask people what they purchased and what their n# is. Paypal has a NOTES section where you can write who you are, what you purchased, the name of the ecourse, the level of the position, etc. Most people choose not to inform me and make me guess or ask what they purchased. If everybody did this we would have to rename them PayNpal as they would be a Payn in the butt to use as a result of their clients (Not Paypal’s fault.)

3. Immediate Response Required — Somebody ordered a renewal from me on Paypal. I processed the renewal right away. The next day they sent me an email. I took more than 24 hours to respond to the email, so they filed a hold on the Paypal transaction. What a pain! I told the person that I answer emails daily, but I don’t sit 24 hours a day by my email in case someone emails me. I have many tasks to do, and their task is not the only task I have to do all day. Some customers think they are the only customer in the world. I take care of people as fast as I can, but conflicting tasks and limited time makes it hard. Even when I’m in town, I do not answer all emails within 24 hours, only most.

4. Not asking questions first — Some people buy something when they don’t know what they are buying. They also don’t tell me in the Paypal notes what they are buying. This results in a long email discussion going back and forth creating a long string. It is easier if people just talk to Carmen before buying something. She is an expert and can help.

Summary
The bottom line is — if you order from us via Paypal, we prefer that you are an existing customer. It is better that you are renewing something existing rather than doing a new purchase. It is excellent if you source your n#, name, and level of listing that you are renewing or the name of the ecourse. That way I know what you are getting and we have it in writing the first time. Also, it is better if you email me and ask for instructions for what to put in the Paypal transaction. That way we get it right the first time.

Share
>

November 26, 2016

I felt like I was being used (Snapdocs assignment)

Another Notary worked for Snapdocs and had an emotional reaction after the fact. She got one of those low-ball assignments, took it, and then complained she felt like she was being used. If you don’t like working for below market rates, nobody is putting a gun to your head! This new signer was concerned about wear and tear on her car, ink, paper, gas, etc. The bottom line here is that anyone who uses you is using you no matter the price. You sell your services for money. The question is, do you know the value of your time and do you know the itemization of your expenses for various types of jobs?

There is no set value on your time, so you have to create your own value. If you don’t know your value, how will you accept or reject jobs. For newbies, the value of getting work under your belt is much more than the value of your dignity. An inexperienced Notary in my book is not worth much. If you have less than 1000 signings and no certifications, I personally wouldn’t use you for anything. If you have 5000 signings and three certifications, then you become valuable as long as you have a good track record.

SIGNING CO: Would you do this modification for $100?

NOTARY: I will not – I have morals

SIGNING CO: How about $1,000,000?

NOTARY: Well, okay…

SIGNING CO: How about $150

NOTARY: What kind of Notary do you think I am?

SIGNING CO: We’ve already determined that, we’re just haggling over the price.

You might also like:

Do you compare yourself with others on the 123notary search results
http://blog.123notary.com/?p=18882

What is a high spot on 123notary worth?
http://blog.123notary.com/?p=16720

The state of Notary advertising in 2016
http://blog.123notary.com/?p=16738

Share
>

November 25, 2016

Credible Witness Protection Plan

Filed under: Credible Witnesses,Uncategorized — Tags: , — admin @ 10:58 pm

A Notary from 123notary was doing a highly sensitive Notarization regarding a mafia deal for gun sales. Unfortunately, the signer didn’t have identification. And if he did, it would probably be a fake ID from China. So, the Notary required them to use credible witnesses. The problem was that nobody would agree to be a credible witness unless they were offered a credible witness protection plan with a safe house.

So, the witness identified the signer, swore under Oath to the signer’s identity, signed the journal and then was rushed to the safe house in Chula Vista, CA. Meanwhile in Chula Vista, there was another Notary signing going on and the witness being protected was asked to be a credible witness again. It was kind of a “while you are here” type of a thing. So, the credible identifying witness happened to know the signer in Chula Vista and identified him. Next thing you know, the signer was also a criminal from a rival mafia and once again the credible witness needed a protection plan.

So, the local police got him a nice room with a comfy bed in the back of the police station. It was kind of a make-shift type of arrangement. Twenty years later the witness is still there and has to be escorted to work. So, if you ever ask anyone to be a credible witness for future signings — just know what might be involved in the worst case scenario!

You might also like:

See our string of credible witness posts
http://blog.123notary.com/?tag=credible-witnesses-2

The mafia guy who could make witnesses disappear
http://blog.123notary.com/?p=17013

Share
>

November 24, 2016

Photocopy of ID for a Power of Attorney?

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 11:38 pm

Photocopy of ID for a Power of Attorney?
Confession is good for the soul, though sometimes it might land you in the Pokey. With trembling fingers and much trepidation; I relate the following sad story. Before doing so, please understand that I receive many of my blog entries from what happened to me: http://kenneth-a-edelstein.com

It’s a close call, perhaps even a tie. No, I’m giving the Power of Attorney top billing for fraud potential, first runner up will be the Deed. I have heard the Power of Attorney referred to as “the cocaine of legal documents” – strong language indeed! With that, and the first paragraph as background:

The call comes in from a highly distraught caller, the parent is terminal. The sibling needs a Power of Attorney – urgently and quickly. It was difficult to obtain the information I require to determine if the request should be accepted. I don’t have “higher” ID requirements to process a Power of Attorney; to me a notarization is a notarization. Sometimes the methodology differs, but, basically we ID, witness signature, give oath, then complete notary section. In addition to a nice clean, well inked, stamp; it is my custom to emboss every time.

Back to the caller. With hospital situations the ID is often a problem. I managed to learn that both the patient and the sibling have driver license photo ID. Never skimp on the oath with any part of a Power of Attorney. So, I inquire as to the patient’s ability to understand the document, my notary oath; and is able to sign unassisted. OK so far, there will be two copies processed of the Power of Attorney; and both the Principal and the sibling Agent will be notarized. As this was to be done in the room of a terminal cancer patient, I was told I would have to “suit up” to protect the patient.

In a prior blog http://blog.123notary.com/?p=16469 – I had harsh words for notaries who refused a blind affiant. Well, I’m sure many would not want this assignment. Going into a terminal cancer situation is emotionally taxing. Again, I stress the “ground rules” for me to be able to notarize. The Agent wishes to PayPal, immediately – probably assuming that would assure my arrival. She mentioned that the hospital was in possession of the patient’s credentials, and that obtaining the driver license would not be a problem.

Surprise. I am shown a photocopy of the Patient’s driver license. I gently go into my explanation of why a photocopy cannot be accepted. I had to. Unfortunately, the Agent broke down in tears. The Power of Attorney, while not being a Health Care Proxy; was desperately needed for some expenses. I am as empathetic as most, but a Photocopy? Not a chance – not because it’s a Power of Attorney, but because that does not (in my sole opinion) meet the NY State standard of being shown “adequate proof”.

“The Patient Representative just delivered it to me”, “they cannot release the patient’s property unless I have a Power of Attorney”. Verifying with the Patient Representative, who had multiple hospital photo ID tags prominently displayed, “I cannot release any items, but did provide the driver license photocopy, made moments ago”. I accept the photocopy as valid ID, now being “adequate proof” – in my opinion.

I suit up. Facemask, hand washing, rubber gloves, cap and complete cover all gown. The patient cannot talk due to apparatus in throat; but is aware and answers some basic “understanding” questions with head motions. Patient, now Principal on the Power of Attorney, is just barely able to sign. I administer the oath and receive an affirmative series of “nods”. We adjourn to a conference room to process the Agent of the Power of Attorney and complete the paperwork. Another “rough” one, complete with a variance from “standards”.
I’m glad I was called first. I would not want “declining notaries” to exacerbate my client’s mental state.

Share
>

November 23, 2016

Bad Notary Reviews and the Law on the internet

I am not an Attorney, and this blog article does not constitute legal advice, but only my experience talking to Attorneys as well as “practical” advice.

Many internet sites have review systems.
Yelp, RipOff Report, 123notary, Travelocity, and others. People who get a bad review sometimes get upset and want to sue. The question is, who can you sue, and how hard is it? What I have been told (consult an Attorney for a “real” opinion) is that the sites that publish reviews are off the hook. The law protects their right to publish information that someone else wrote regardless of whether it is true, false, based on evidence, or not. However, you do have the right to take legal action within a time frame of perhaps a year or several years depending on your state based on the Statute of Limitations. You would need to contact an Attorney to see what that time frame would be.

The Statute of Limitations
On the other hand, if a slanderous statement is published on the internet which just sits there, even if it had been there for years, you could claim that since it is still being “published” that it is within the time restraints of the statute of limitations and perhaps a judge might buy that (good luck.)

Who can you sue?
If you want to sue someone, you need to go after the individual who wrote the review and NOT 123notary or whomever published it. Step one is to find out who they are which an Attorney can do. You need to know their legal name and address, etc. You can have an Attorney write to them and try to get them to take the review down. If you sue them, it is likely that they are broke, especially if they write in broken English like so many do. So, good luck collecting.

How much will it cost?
But, you do have rights. It might cost you $5000 just to establish the identify of the individual who wrote the review. It might cost another $10,000 to go after them depending on who you hire, what state you are in, and how good the Attorney is, etc.

Bad Notary Reviews?
Very few Notaries on 123notary get bad reviews — only about two per month. However, most Notaries are paranoid that it will happen to them and that their life (as they know it) will be over. Notaries with bad reviews stay in business and do not lose that much market share. What they do lose is their pride more than anything else.

So, for Notaries, you should just leave the Attorneys alone and forget about it. Just write a rebuttal and wait for three years and I’ll remove it. Cover up your bad review with good reviews. If you have ten good reviews and only one bad review at the bottom of the stack, people will see the bad review in proportion or might not even read it at all. A bad review will not ruin you life. Just deal with it like a pro instead of making it worse and provoking a huge conflict with 123notary. After all, it is not our fault you got a bad review. Also, should we disable our entire review system just because one Notary complained bitterly about a bad review and threatened to sue. If we removed his/her bad review we’d have to do it for everyone and then we wouldn’t have a review system at all. Review systems are a very practical way for the publish to defend themselves from bad service providers.

Share
>

November 22, 2016

Definition of Oath

This article deals with Oaths in general as well as how Oaths are significant in the Notary Profession.

What is an Oath?
An Oath is a solemn and formal statement of fact or promise that is worded in a sacred or official way. An Oath is a formalized vow normally taken before others in a formal situation.

Types of Oaths
It is common for people to take an Oath or swear under Oath when becoming a public official which would be called being sworn into office. People also take Oaths when they get married or when they are sworn into court as a defendant, plaintiff, Attorney, witness or juror. People take an Oath of citizenship when becoming a citizen. Those in the medical profession take a hippocratic Oath. But, zookeepers do not need to take a rhinocratic Oath contrary to popular belief.

Hand Gestures
It is common in the United States for people to raise their right hand with their palm facing forward at the beginning of an Oath proceeding. Different parts of the world might have different hand gestures or no hand gestures.

Some People Refuse Oaths
Some Christians refuse to swear under Oath as they always tell the truth (or claim to.) They seem to not understand that the purpose of the Oath is not to prove to themselves that they are telling the truth, but to impress upon others that they are — while the others might not have the same opinion as to the integrity of the affiant. The Notary profession now allows for Affirmations instead of Oaths for those religious people who don’t believe in oaths.

Affirmations
An Affirmation is a formal statement that currently carries the same and identical weight and meaning as an Oath. A Notary Public can swear someone in using an Affirmation instead of an Oath merely by substituting verbiage. Instead of saying, “Do you solemnly swear that this document is true and correct?” you could say, “Do you solemnly affirm that this document is true and correct?”

Affiant
An affiant is the person who swears under Oath typically in a written statement called an Affidavit.

Affidavit
An Affidavit is a written document, often a legal document where the Affiant swears before a Notary Public as to the truthfulness of the document.

Jurat
A Jurat is an official Notary act where the affiant swears under Oath to the truthfulness of a written statement or document. Some Jurats have handwritten statements written by the signer who is also the affiant. Others are drafted up by an Attorney, government or professional agency.

Notarial Oath
Jurats are not the only Notary act that can have an Oath. Notaries use Oaths in many aspects of their work. Notaries take an Oath of Office to get sworn into duty when their commission begins. Notaries routinely swear in Credible Witnesses who are used to identify a signer who doesn’t have identification. Notaries swear in Subscribing Witnesses as well who witness people signing a document. There are also just plain Oaths that Notaries administer. The Oath might not be written or recorded. If Notary administers an Oath, they should indicate in their journal that they gave an Oath regarding a particular subject and have the Oath taker (affiant) sign the journal in that corresponding entry.

Acknowledgments with Oaths
Acknowledged signatures normally do not have Oaths, but they could have an accompanying Oath. Acknowledgments allow the signer to sign before they see the Notary Public. However, the Oath would have to be taken in the presence of a Notary Public.

Oaths in Mortgage Loan Signings
Mortgage loan signings normally contain several affidavits such as the Signature Affidavit which requires a sworn Oath. So, if you perform Loan Signings, be prepared to be an expert at the art of Oath giving.

Question
If Physicians take a Hippocratic Oath, what type of profession would take a Rhinocratic Oath?

You might also like:

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

Share
>

November 21, 2016

Old reviews from 2009-2012 removed from 123notary – don’t panic

Filed under: Reviews — admin @ 6:16 am

Old reviews are like milk and not like wine

A good wine gets better with age. A fine scotch can sell for $1000 per bottle if it is properly aged. But, your reviews become worthless with age. Our users want to see reviews from the last three years. Google also rewards us for having newer reviews. There is a huge reward for having reviews from the last six months, and some reward for having reviews that are up to two years old. However, reviews from 2011 do not gain us any points.

Clients using 123notary who see that you have four reviews will feel let down if your reviews are all from 2011. They will also feel that you are a washed out Notary — and they will be somewhat right. Notaries lose their steam over time and stop trying as hard. This is very evident if you look at your review section. The Notaries that are trying have new reviews, those who became sedentery do not.

In an effort to make our review system more helpful to the user, I removed reviews from 2009 to 1st quarter 2013. Any review that was more than 3.5 years old was removed. I still have the reviews in the database, they just don’t show up online. So, don’t feel sad and don’t panic. Nothing is wrong. Those old reviews were not helping you. They just make you look date stamped. If you feel sad that your old reviews are not there, get off your rear and ask for some new reviews. Many Notaries get complacent with age, and you need to stop being that way. Be methodical and aggressive and ask for reviews from anyone who likes you — and then send them a link to your review page.

If you have a favorite old review you want resubmitted, I will do that for you as a gesture. But, I am looking for quality, not quantity, and also new — not used (unless the used review comes with a warranty.)

Share
>
Older Posts »