January 2019 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

You might also like:

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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January 28, 2019

Can a Notary Act as a Witness?

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

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

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

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

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

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January 27, 2019

Witnessing a Will

Filed under: Technical & Legal — Tags: , — admin @ 3:53 am

It is traditional procedure for Will signings to be witnessed. Normally, there would be two witnesses over the age of eighteen to witness the signing of a Will. In Vermont, there would need to be three witnesses. It is not a bad idea, but not necessary to have a Notary Public be one of the witnesses.

A Notary Public does not normally notarized the principal’s signature on a Will unless an Attorney asks them to in writing. However, it is not a bad idea for a Notary Public to notarized the signatures of the witnesses at a Will signing for a Last Will and Testament.

It is very critical for a will to be signed using the same name variation that is printed below the signature line. It is also critical that the signature is dated appropriately. The signature must be at the end or bottom of the document. Witnesses must not only sign, but also print their name very clearly and legibly below their signatures and the date.

It is a good practice for the witnesses to inscribe (write) their address and perhaps phone number as well should they need to be contacted by investigators at any time for any reason. The witnesses should not only see the principal signer sign, but should also witness each other sign.

When choosing witnesses, be advised that they might have to be questioned or even appear in court after the fact. The closer their know you the better. However, the fact that they know you and/or watched you sign is technically enough. The witnesses should not have a beneficial interest or financial interest in the signing of the Will. So, it is better to have people know you, but not people who are inheriting money, rights or property from you as witnesses to the signing.

Once the will is signed, you should make photocopies, and can consider having your Attorney, executors, and/or document custodians have possession of the copies. Please consult your Attorney to make sure you have the correct party having possession of your will. And if amendments need to be made, the document custodian will need to have the revised edition. The actual documents should be saved in a safe, dry place — perhaps a file drawer or lock box.

You might also like:

Witnessing a Will
https://www.netlawman.co.uk/ia/sign-will

Witnessing a Will according to LegalZoom
https://info.legalzoom.com/rules-witnessing-20722.html

Preparing to sign a last will and testament
http://blog.123notary.com/?p=19967

Living Will vs. Medical Power of Attorney
http://blog.123notary.com/?p=18966

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

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January 24, 2019

California Acknowledgment

The 2018 California Acknowledgment is a little different than before. Please reference this link:
http://notary.cdn.sos.ca.gov/forms/notary-ack.pdf

Above the venue (county & state), there is a box that says, “A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.”

Note:
The meaning of this statement is that the Notary’s job is to identify the signer properly. Additionally, the Notary certifies that the signer appeared before the Notary on a particular date. It is not the Notary’s right, responsibility or job to verify, ascertain or know if the corresponding document is true or not. However, if the Notary knows the document is false, then he/she should contact the state notary division and check the handbook to see if you are allowed to notarize documents that you know are fake. Last I heard, a California Notary should not notarize documents that are not truthful, but that information could be outdated.

State of California
County of _________________

On (date) before me, (name of notary or officer) personally appeared (name(s) of signer(s)) who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.

Signature ______________________________ (Seal)

Note:
It is considered perjury if the Notary enters false information on a certificate. This applies more vigorously to Jurat certificates. It common for Notaries to claim in writing that they administered an Oath when they either did not administer an Oath, or did not administer a relevant Oath based on the signer swearing to the truthfulness of the document. A California Notary may charge $15 for executing an Acknowledgment.

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You might also like:

The name on the ID vs. the Acknowledgment, Document and Signature
http://blog.123notary.com/?p=20186

What’s your sign? A guide to spotting fake ID’s.
http://blog.123notary.com/?p=19638

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

When do I need to use a California all purpose Acknowledgment?
http://blog.123notary.com/?p=20133

California Notary Acknowledgment and Jurat Information
http://www.123notary.com/California/acknowledgment_jurat.asp

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January 23, 2019

What are Mobile Notary Fees?

The states decide what a Notary can charge for Notary services, but few states have rules for what a Mobile Notary or Traveling Notary can charge for mobile services and waiting time.

Notaries in most states (NV & MD have restrictions I’ve heard) can charge whatever they want for Mobile Notary Fees. There are many factors that determine a Notary’s fees. I will list these factors below. Rates generally range from $20 to $50 for mobile fees plus notary fees which differ by the state.

Experience
Notaries with experience typically set their rates higher. The fee depends on how desperate or arrogant they are. Rates can really vary, so shop around. But, realize that getting the best rate is not always the best idea because knowledge and experience count. Also note, that years of experience rarely translate into knowledge. Most Notaries are show offs and typically brag about how many years they have been doing this job. But, when you drill them on knowledge, you might find out they have about the same knowledge as someone doing this for two years who reads Notary tutorials and handbooks regularly. A word to the wise!

Distance
Notaries charge for distance. Some calculate distance based on miles, while others focus more on how long it will take. Others charge by what county you are in or what particular area you are in. It will save you money if you find someone close.

Time of Day
If you hire a Notary during the day, there are more Notaries operating, and the price is lower. If you want a Notary to go to a hospital at 3am, you might be looking at paying double or triple the normal fee. Sometimes the Notaries who offer 24 hour service will yell at you and ask, “Why are you calling me so late? Do you have any idea what time it is?”

Type of Job
If the job is a document signing or loan signing the price will be more of a standard price. Most Notaries do loan signings for $70 to $110 unless they consider themselves to be fancy in which case the price would be $125 to $175. Hospital and Jail jobs cost more because there is more involved, more legal risk, more waiting time, and the clients are normally more difficult. Additionally, since fewer Notaries will do hospital and jail signings, the price by default goes up.

Printing
If the Notary needs to print or fax anything the price goes up.

Waiting Time
If you keep an experienced Notary waiting, they will normally want to get some sort of compensation for their time. Some have a set rate while others have a very foggy idea of what to do if you keep them waiting. Try to be prepared so you don’t keep anyone waiting.

Legal Advice
Please do not ask a Notary for legal advice. They are not authorized to give any, and you will not get good information from a notary about legal matters anyway unless they are an Attorney Notary. Ask an Attorney who is competent and specializes in whatever your question is.

Document Drafting
Ask an Attorney where to get your document drafted and what terms to put in it. Notaries should not help in drafting documents unless they are legally authorized to do so which is rare.

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You might also like:

A comprehensive guide to Notary pricing
http://blog.123notary.com/?p=16504

How much does a Notary charge in 2019?
http://blog.123notary.com/?p=21308

Best humorous Notary Posts
http://blog.123notary.com/?cat=3241

If you overcharge — notary fines and penalties
http://blog.123notary.com/?p=6903

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January 22, 2019

Notarized Letter

Do you need to get a Notarized Letter?

Find a notary on 123notary.com to get your letters, documents, affidavits, and forms notarized. Please visit the advanced search page or use the masthead search methods above. Lookup a mobile notary by city, county, or zip code. Our data is current, scrutinized regularly and edited edited daily.

FAQ – regarding notarized letters

Q. Where can I get a notarized letter?
A. Just get your letter drafted, sign it (you might need to sign in front of the Notary depending on what Notary act you get), and then have a Notary notarize the letter. You will need appropriate and current identification. Then you will have a notarized letter.

Q. What is a notary letter or notary letters?
A. There is no such thing as a notary letter. However, you can get a letter notarized by having the signer appear before a notary public with appropriate identification.

Q. I need to know where to get things notarized?
A. You can either visit a notary office somewhere nearby you. You can ask around to see if anyone knows a notary public office nearby. Mailboxes places, attorneys, real estate, and insurance offices usually have a notary on staff. Or, if you want a mobile notary, please find one by searching on 123notary.com

Q. I need to know where to get notarized.
A. You can either visit a notary office somewhere nearby you. You can Google nearby notary offices or mail box places, or ask around to see if anyone knows a notary office nearby. Mailboxes places, attorneys, real estate, and insurance offices usually have a notary on staff. Or, if you want a mobile notary, please find one by searching on 123notary.com

Q. Where can I get a letter notarized?
A. You can find a notary on 123notary.com, or in your neighborhood to help get your letter notarized.

Q. Where do I go to get a paper notarized.
A. You can find a notary on 123notary.com, or in your neighborhood to help get your paper notarized.

Q. I need to get notarized signatures, what do I do?
A. Simply find a notary and you can get your signatures notarized

Q. What is a mobile notary introduction letter?
A. Mobile notaries often like to introduce themselves to prospective clients. However, there is no official letter called a mobile notary introduction letter.

Q. Can I write the Notarized Letter on a Notary certificate itself?
A. In the case of a Jurat (a type of notarization), you can write the content of the statement on the form itself if the Notary uses the NNA form that has room for that wording. You would write it in with handwriting in this case and you would have to swear to the truthfulness of the statement.

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You might also like:

Notary Public General Information
http://blog.123notary.com/?p=20075

Notary Public 101
http://blog.123notary.com/?p=19493

How do I get a notarized Power of Attorney?
http://blog.123notary.com/?p=18909

How do I get a Spanish language document notarized?
http://blog.123notary.com/?p=18822

A notarized love letter
http://blog.123notary.com/?p=15433

Notarized Letter FAQ
http://www.123notary.com/notarized_letters_faq.html

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January 21, 2019

A Notary discusses costs with Jeremy

Filed under: Business Tips — Tags: , , — admin @ 12:37 am

JEREMY: So, you read my article about how studying to be elite certified is worth $533 per minute and worth $320,000 in extra income potentially over the next ten years?

NOTARY: Yes, but I have a more pressing issue.

JEREMY: More pressing than $320,000 in extra income which is enough to buy a four bedroom house with a jacuzzi?

NOTARY: Yes. I did a signing for XYZ signing company, and they had me print out documents and then cancelled the job. According to my calculations, I lose 67 cents in toner and $1.29 in paper. Should I try to collect?

JEREMY: Listen Spock, I think you should land the ship in a safe place before you try to collect your toner bill, and try to not interfere too much with the local population.

NOTARY: I’m considering suing for my $1.96 in lost costs.

JEREMY: Why don’t we spend half an hour talking about your $1.96 and completely ignore the $320,000 extra you could make if you studied.

NOTARY: I don’t like studying. I don’t feel it is necessary.

JEREMY: Yes, but the people who might hire you often do think it is necessary. Do you want to please fancy title companies, or enjoy not having to apply yourself? Studying to be elite certified has been estimated to be worth $533 per minute and instead you waste your time worrying about $2 that you will never get back? If you ask me, you have a problem identifying priorities and understanding return on investment. Families that get ahead invest in education, and Notaries that get ahead do the same. You don’t need to spend ten years on a PhD., only ten hours studying our free materials — you don’t even have to pay at this time!

NOTARY: Can you guarantee that I pass if I study?

JEREMY: Can you guarantee that you will do a thorough job studying?

NOTARY: Of course! I am always thorough!

JEREMY: No disrespect, but you got 40% last time I tested you. That is not very thorough.

NOTARY: Well, that is because of THE WAY you phrased the questions.

JEREMY: I phrased about forty questions the way I phrase them for a lady who studied thirty hours and earned an elite certification two days ago. She got 95% average and was not complaining. I think if you are unfamiliar with the subject matter, it doesn’t matter how I phrase the question, you will not understand it and not pass. I think you need to stop making excuses and hunker down and study if you intend to get ahead.

SUMMARY
It is clear that the majority of Notaries spend a lot of time complaining, making excuses, and a few even write hateful things in emails, blog commentaries and on Notary groups online. This negativity is very upsetting to me and drags the industry into a moral cesspool. Notaries focus on tiny things like small problems they had with companies rather than focusing on big things such as being experts in their field (and getting elite certified by 123notary.)

Additionally, most Notaries fool themselves and try to fool me into thinking they are experts in their field when they cannot adequately describe any particular Notary act in its entirety correctly, and normally have a 40% (average) understanding of Notary procedure. The deception, the arguing and the ignorance are not acceptable. This is why we request that you all study from our online materials on a regular basis. We publish free courses because you need to know how to be a good Notary rather than be good at pretending to be a good Notary. Start cracking the books instead of cooking the books so to speak.

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You might also like:

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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January 19, 2019

Notary Etiquette 104 – Contents

Filed under: Etiquette — Tags: , — admin @ 1:26 pm

Doing well in the Mobile Notary business involves more than just stamping documents. You have to be on time, develop contacts, do more than claim to know what you are doing, and use proper etiquette. 123notary has written many articles on Notary etiquette before, but this one is a course with multiple sections that is intended to be a well organized reference guide.

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CONTENTS

1. Phone Etiquette for initial calls – http://blog.123notary.com/?p=21134

2. Confirming the signing & At the signing – http://blog.123notary.com/?p=21136

3. General Etiquette Tips – http://blog.123notary.com/?p=21197

4. Answering questions the way they were asked – http://blog.123notary.com/?p=21138

5. Miscellaneous – http://blog.123notary.com/?p=21142

6. A humorous guide to Notary etiquette – http://blog.123notary.com/?p=21208

7. Relevant links about etiquette – http://blog.123notary.com/?p=20505

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January 18, 2019

Notary Etiquette 104 — Miscellaneous

Filed under: Etiquette — Tags: — admin @ 10:32 pm

MISCELLANEOUS NOTARY ETIQUETTE TIPS
Return to Table of Contents for – Notary Etiquette 104

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1. Don’t sell people’s signatures or personal information.
It is bad manners and possibly illegal, and definitely unethical to sell or distribute anyone’s private information.

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2. Don’t second guess family relationships.
I once thought the wife was the guy’s mother. Oops!

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3. Handling criticism
Notaries can get very rude or defensive if criticized. The psychology of a Notary is one who claims they know everything when in reality they typically know about 30% of what they need to know and manage to get by with this sub-minimal knowledge. If you make a mistake and someone calls you out on it, don’t argue, just try to understand what you did wrong or allegedly did wrong and learn from that experience. I sometimes quiz Notaries by phone and they get very hostile when I tell them they made a mistake. You won’t learn to be smarter or impress your clients by getting belligerent when criticized — treat it like a learning experience and it might just better you.

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4. When to call the Lender
Some Notaries will call the lender if they don’t know if they should sneeze or not. Calling the lender can end up in a forty minute phone call. You will have trouble getting out of the house where the signing takes place if you call the lender. So, only call if you absolutely have to. In the 30 point course on our blog we have a chapter all about when to call the lender and when not to.

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5. Is it rude to ask for a thumbprint?
This is a topic of debate and even hostility with the Notaries. For your safety you need to take thumbprints. But, many Notaries think that it is not only unnecessary but bad to take a thumbprint because what if you offend someone? I am more concerned with what happens if an imposter drains the equity in someone’s house, the Notary ends up in court for two months without pay, and someone goes to jail. To me that scenario weights a lot more heavily than if someone is offended because you ask them for a journal thumbprint. If the FBI is investigating you because you notarized an identity thief, the falsified information, fake name, fake ID, and fake serial number from the ID will lead the FBI nowhere and they can name you as a suspect in a conspiracy and you could end up in huge trouble. A thumbprint could save your life, so take it seriously.

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6. The document is not in English
You need to refer to your state’s notary laws. Many states will allow you to notarize a document in a foreign language providing the signer understands what they are signing. If you are going to upset someone by saying no to a transaction, make sure you have the right to turn down the transaction before you ruin their day.

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7. Notarizing the elderly
If you are notarizing people who are very old, or in a hospital, ask them some polite questions about current events. Make sure they know who they are, what the document means, and if they know who is in the White House these days. Some people are out of it, so find a nice way to drill them a little bit.

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8. Rude posts on social media
If you think that nobody is reading your social media posts, think again. There are a lot of very hostile and psychotic Notaries out there who are bashing all types of Notary companies including our own. This is rude and belligerent behavior. Many title companies will not hire Notaries who are involved in this type of behavior.

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9. Being obstinate about answering questions.
When companies ask Notaries Notary questions, many Notaries do not want to answer. They feel they are professionals and therefore should not be questioned. The sad reality is that most Notaries do not have a solid notary knowledge and that is why those questions are a necessity. So, be polite and just answer a few questions without trying to wiggle out of it.

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10. Answer emails and phone messages fast.
Keeping people waiting is very rude. Try to get back to people as soon as possible.

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January 17, 2019

Notary Etiquette 104 — General Tips

Filed under: Etiquette — Tags: — admin @ 3:19 pm

GENERAL TIPS
Return to Table of Contents for – Notary Etiquette 104
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1. Dress for success.
Business casual is great. People get complaints more for dressing poorly than for being a horrible Notary. So, go to Men’s Wearhouse first, and then buy that Notary course you were thinking of. And remember — it’s not what you know — it’s how you look! Notaries who show up in shorts and flip-flops get some serious complaints and even a bad review on their profile. In short, don’t dress like me.

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2. Forms you should carry
Carry loose Acknowledgment, Jurat and other certificates in your Notary Carry All Bag that you purchased from the NNA. Carry a thumb printer, wipes, and pens with you. Nothing is worse than a Notary that doesn’t have pens except one who wears flip-flops. Having good professional equipment makes you look like you know what you are doing even more than actually knowing what you are doing.

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3. Arrive on time
Nothing is worse than a late notary other than one who wears flip-flops.

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4. Follow up punctually
If you have to get the FedEx back, do so immediately. Do not wait to drop a package unless you are waiting for a callback. If you wait 90 minutes or more for a callback, consider that title needs their docs back and it might make sense to just drop it. That is a judgment call, so think carefully about it. If you get emails, answer them asap.

You have to be available after signings for up to the rescission date and sometimes later. If you become unreachable after the signing, you will get very serious complaints. The worst complaints we get about notaries are that they were rude, or unresponsive after they had completed work.

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5. Don’t be rude
If someone is rude to you, don’t reciprocate. Your reputation is on the line. You can get penalized for being rude even if the other person deserves it. So, watch yourself!

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6. Animals
If you are uncomfortable with animals in the room with the signing, you can politely ask if the animal can be put behind a firmly closed door. Dog owners assume that since they enjoy Fido jumping over them that it’s okay that Fido jumps all over you — after all, it’s okay because Fido’s a nice doggy.

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7. Where to sit
You are the facilitator of the signing, and you call the shots where people sit at the signing. It is often easier if you sit at the head of the table with husband and wife sitting next to each other. That way when person #1 signs and turns over the document, the second person can turn it over and sign it assembly line fashion.

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8. Tips for Jurats
In a Jurat, the signer has a choice of doing an Oath or Affirmation. Many Notaries today are very politically correct to the point where they assume that the borrower will be offended by an Oath and by default only do an Affirmation. This is offensive to those who want an Oath and also not legal. It is up to the borrower to choose which type of Notary act to choose, so just say,

“To execute a Jurat, we will need a statement made under the penalty of perjury as to the truthfulness of the document… would you prefer to swear under Oath under God or affirm on your honor?”

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9. Leaving a business card
At the end of the signing it is not bad manners to give them a business card. You never know when they will need another notarization.

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10. Do you answer the phone during a signing?
It is generally a bad idea to have phone calls during the signing. Some signing companies forbid this altogether. However, you might not be able to get your next job unless you answer your phone. So, if the phone rings, give the caller a minute before you cut them off. It is rude to answer the phone only to tell someone you can’t talk, and it is rude to the borrowers to have a long conversation with someone unrelated to the loan. This is a judgment call. However, it is sometimes hard to get a chance to talk to a Notary due to the fact they are always busy, because they are either at a signing, between signings, eating, or at church — with notaries this busy there is no good time to talk to them… ever!

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Please Also Read:

Best marketing resources for Notaries. This entry goes over active vs. passive marketing in detail
http://blog.123notary.com/?p=16322

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

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