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November 13, 2018

The Delaware Oath revisited

Filed under: Technical & Legal — Tags: , — admin @ 10:22 am

I have started asking questions that intentionally lead you into going off on an unnecessary and illogical tangent. Notaries go on tangents all the time. So, if I have multiple choice answers or questions that would lead an illogical person off track, I get to see who is on the ball and who is not. Here is a scenario that I ask about a lot.

An Affiant appears before a Notary and asks for an Oath on a document that says, “I live in Delaware.”
The Notary declined the job because the Notary is an Illinois Notary, and not a Delaware Notary. What did the Notary do wrong and what should the notary have done?

COMMON ANSWERS

1. The Notary should have checked the ID.
If you are going to decline a Notary job, checking ID will not help. If your state requires identification for Oaths (most if not all probably do although I don’t know that for a fact) then identify the person and keep a journal entry.

2. Just change the venue to Illinois.
The document has no venue. It just says, “I live in Delaware.” The word Delaware is part of a statement and not a venue. If your state requires a certificate for Oaths, the certificate would have a venue, but most states do not have certificates for Oaths. No certificate = no venue.

3. He should look up Delaware wording
There is no state specific wording for Oaths in any state that I have heard of. Check your handbook for a real answer as I am not educated in state notary law although I read ALL the handbooks from all states regularly. An Oath is just an Oath and the notary or signer have the freedom to word it and craft it as they see logical and appropriate.

4. He should use Illinois wording on the Oath.
Once again, you do have to follow the notary laws in your state regardless of where a document is going to be recorded or where the custodian of the document is located. However, the document is NOT a Delaware document. It is a document that has no location at all — it merely states that the Affiant lives in Delaware.

5. The Notary should say, “Do you solemnly swear that you live at such and such an address in Delaware so help you God?”
This Notary is adding content that is not on the document. You can’t do that. Just administer an Oath as to the content of the document.

6. Add a Jurat
In this question you are giving an Oath only if you follow instructions. Oaths do not have Jurats, but Jurats have Oaths or Affirmations. You were not given permission to add a Jurat either, and might be considered UPL to choose the Notary act on behalf of the Affiant.

7. Just give an Oath.
The correct answer is to just give an Oath based on the content of the document. There is no state specific wording necessary. You could say, “Do you solemnly swear that the contents of this document are true and correct?” Then the Affiant must say, “I do.”

This question is really an easy question that tests whether you do your job, or get sidetracked by inconsequential details. You would be surprised at how many notaries just cannot do their job the minute they get distracted by something tiny that throws them off.

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November 8, 2018

Fixing certificates is a state specific nightmarish issue

Filed under: Technical & Legal — admin @ 11:44 am

I like to ask people questions about what to do if a certificate is wrong and you are asked to notarize using that certificate. The problem is that different states handle this differently.

MD does not allow a Notary to add a certificate — period.

CA does not allow Notaries to fix certificates. You have to start the procedure all over if there is any mistake.

OR does not allow Notaries to play Attorney and make decisions as to what can be crossed out, or added, so in Oregon a notary really has their hands (and stamps) tied.

There might be other states with odd rules about fixing errors, but those are the ones that stand out. Making changes to Notary certificates looks like tampering and could cause a nightmare in court. Adding new certificates can raise recording costs and alter the information on the HUD. You are damned either way. So, learn to deal with these issues without getting in trouble with your state.

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November 6, 2018

Compilation of posts about credible witnesses

Filed under: Compilations,Credible Witnesses — Tags: , — admin @ 10:49 am

Here are some helpful posts about credible witnesses. Not all states allow credible witnesses, and the rules are state specific.

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

Notary Public 101 (covers many Notary issues, but not Credible Witnesses.)
http://blog.123notary.com/?p=19493

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

Credible Witnesses, the ins and outs
http://blog.123notary.com/?p=19634

Credible Witnesses
http://blog.123notary.com/?p=18911

See our string on Credible Witnesses
http://blog.123notary.com/?tag=credible-witness

Credible Witness protection plan
http://blog.123notary.com/?p=18831

Where do credible witnesses sign the journal book?
http://blog.123notary.com/?p=2508

How much can a Notary charge for a credible witness?
http://blog.123notary.com/?p=2700

Credible Witness requirements
http://blog.123notary.com/?p=2464

What is a Credible Witness notarization?
http://blog.123notary.com/?p=2408

Oath of two Credible Witnesses
http://blog.123notary.com/?p=2405

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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November 1, 2018

Comedic suggestions for slogans for particular names of notaries on our site

Filed under: Humorous Posts — Tags: — admin @ 8:05 am

Every time I look at a Notary’s name, I get ideas for slogans. Sometimes I tell Notaries these slogans. Look for your name here. I am only listing a small percentage of our Notaries, but you might be there.

Carmen Bland — “Call me if you want a truly tasteless Notary.”

Sally Cripps — “Call me for drive by signings.” (I changed the first name so as not to offend anyone.)

Robert Burger — “Over 1 billion signed.”

Sheila Mabry — “Yes, No or Mabry Notary Services.”

Charles Cook — “Kiss the Notary” or “Well-done notarizations with Charles Cook.”

Carmen Towles — “Throw in the Towles Notary Service.”

Jenny Kong — “Queen Kong Notarizations.”

Mary Potter — “Get notarized by me and I’ll use my brother’s magic Notary seal.”

Shirley Silver — “Not quite gold standard mobile notary.”

Mary Jane Jock — “Tired of being notarized by nerds? Call me!”

Catherine Minor — “Have you ever wanted to be notarized by a minor? Now’s your chance!”

Vene Moses — “Let me lead you out from being lost in the Notarial desert.”

Ann Dye — “A Notary Service to Dye for.”

Donna Mooney — “Looney Mooney Notary Services.” or “Full Mooney Notary Services.”

Robert Crouch — “Crouch ain’t no slouch.”

Sharon Wolf — “A Notary service in sheep’s clothing.”

Christine Loya — “You don’t need an Attorney, you need a Loya… Loya Notary Services.”

Kathleen Spies — Shaken not Stirred Notary Services.” or “007 Notary Services.” or “Double Agent Notary Service.”

Paige Borel — “You can’t replace this Paige.” or “Call me and we’ll be on the same Paige.”

Yvonne Blankenship — “My ship might be blank, but I do not notarize documents with blanks.”

Jennifer Winkler — “Get Notarized by the Fonz’s sister and say — eyyyy…”

Leslie Worth — “When you’re tired of those other worthless Notaries, call me!” or “Looking for a Notary where you get value? Look no further.”

Eva Sommer — “All Season Notary.”

Kathryn Reynolds — “The Notary who wraps things up.”

Shelly Booth — “The Notary Booth Notary Service.”

Tresia Burrow — “Ground hog Notary services.” or “A Notary who digs deep into Notary issues?”

Debra Wise — “Wisdom Notary Services — we never wise off to our customers.”

Wendy Gray — “50 Shades of Gray Notary Service.”

Robert Hyatt — “We notarize even after check out time.”

Etta Bell — “A Notary with a nice ring to it.” or “The Notary whose name rings a bell.” or “Heard of Etta? No, but the name rings a bell.”

Pearl Champaign — “Bubbly Notarizations.”

Robert Pratt — “A notary who never falls or clowns around.”

Dorothy Holmes — :Holmes equity line of credit Notary Service.” or “Mortgage your home with Holmes!” or “Your Holmes or mine Notary Service.”

Barb West — :Your business will never go South with me.” or “Call me for a Notary who is the best in the West.”

Tammy Mello – “Call me for a relaxed signing.”

Lucille Frost — “Chill Out Notary Services.”

Brian Quick — “Quick Signings Notary Service.” or “Call me for a quick signing!” or “Call me for the fastest Notary anywhere!”

Denise Lytle — “A lot from a Lytle Notary Services.” or “Call me for a Notary who works a lot, but only charges a Lytle.”

April Risley — “Spring Notary Services, let us spring into action.”

David Love — “You’ll like my work but you’ll love my prices.” or “You’ll love my work. or “For a Notary you’ll love.” or “I love you, man – Notary Services.” or “All is fair in love and Notary work.”

Sandy Moose — “Antlers in the head lights Notary Service.” or “Call me for a Notary who spends three hours parked in the middle of the road blocking traffic for no apparent reason.”

Julie Key — “Let me be your key to a successful notarization.”

Elizabeth Lock — “Lock & Key Notary Services.” (Maybe she should do a merger with Julie Key…)

Amanda Deel — “Deel me in Notary Services.” or “Great Deel Notary Services.”

Cheryl Bass — “There’s nothing fishy about this Notary.” or “For a Notary who is low key.”

Kelly Ruble — “Dollar for Dollar Notary Services.” or “You’ll never get a bad exchange rate with us.”

Heather Day — “Day or Night Notary Services.” or “24 hour notary services.”

Brittni Couch — “Coach Potato Notary Service.”

Gina Sas — “The Notary Service That Never Talks Back.”

Amber Dates — “Amber Alert Notary Service.” or “Blind Date Notary Service” or “Dates & Times Notary Services.” or “Medjool Notary Service.” or “Get notarized by pitted Dates with us.”

Pamela Knight — “Day or Knight 24 Hour Notary Services.”

Karla Hand — “Lend me a Hand Notary Service.” or “Hands on Notary Service.” or “Witness my Hand and official seal Notary Service.”

Angela Ma — “Not just another Ma & Pa Notary Service.”

Judy Weddle — “Don’t Meddle with Weddle.”

Verna Wright — “Get the Wright Notary at the Wright Price.”

Stephanie Story — “Chapter and verse Notary Service.” or “Once upon a time Notary Service.”

Coleen Ho — “Who you callin’ a Ho Notary Services.” or “Call me for a Notary who is gung ho.” (we changed the first name so as not to offend anyone too badly.)

Karen Wynn — “Wynn Wynn Notary Services.”

La Donna Penny — “Pennies on the Dollar Notary Service.”

Edwin Forte — “Notarizing is my Forte!”

Julia Hill — “Up Hill Notary Services.” or “Over the Hill Notary Services.” or “It’s all down hill from here Notary services.”

Robert Getter — “Getter is Better and will notarize your document or Letter!”

Ricky Salmon — “Wild Alaskan Notary Service.” or “Omega 3 Notary Service.”

Frank Tabacca — “Pipe Dream Notary Service”

Liz Demera — “I’m Liz Demera of Madera County.”

Stoney Wright — “Looking for Mr. Wright? Look no further.” or “Mr. Wright Notary Services.” or “Wrights and Responsibilities Notary Services.”

Julie Sleep — “I’m so experienced I can sign in my sleep.”

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You might also like:

The Noterator
http://blog.123notary.com/?p=19116

Names for Notary businesses that can get you trouble
http://blog.123notary.com/?p=19064

Geographic Notary Business Names
http://blog.123notary.com/?p=19060

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