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February 18, 2019

Notary Oath of Office Information

Filed under: Technical & Legal — Tags: , — admin @ 10:40 am

Some states require a Notary Public to take an Oath of Office. The verbiage of the Oath changes from state to state. What you need to know is that you have to swear under Oath to a statement in front of a Notary Public. This is normally done in the county clerk’s office. Then you file your Oath which is in the form of a document that has been signed, sworn to and notarized — you file that with your county clerk and pay a small fee for their service.

The oath and bond must be filed with the county clerk within 30 days of the beginning of your commission in California.

Here is some sample wording for a general Oath of Office

State of California
County of Los angeles
I, (name), do solmenly swear (or affirm) that I will support and defend the constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear the faith and allegiance to the Constitution of the United States and the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to ender and during such tim as I hold the office of (name of office).

Signature _______________

Subscribed and sworn to before me (name of notary) by (name of affiant) this ___ date of month, year.

You might also like:

Filing your Oath & Bond in California
http://www.sos.ca.gov/notary/checklist/bond/

Notary Public Oath of Office information 2012 edition
http://blog.123notary.com/?p=2545

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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

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

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

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

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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Keywords:
Credible Witness Notary
California Notary Credible Witness
Credible Witness for Notary
Credible witness california
Credible witness acknowledgment
Credible witness affidavit for California
2 Credible Witnesses
Affidavit of identity by credible witness
CA credible witness requirements
Ca notary 2 credible witnesses
California credible witness Notary
California notary how to acknowledge two credible witnesses
California swearing in a witness
California Notary credible witness form
California Notary Oath of credible witness

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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 15, 2019

Notary Etiquette 104 — Confirming the Signing & At the Signing

CONFIRMING THE SIGNING & AT THE SIGNING
Return to Table of Contents for – Notary Etiquette 104

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1. Call to confirm the signing.
First introduce yourself on the confirmation call. Then go over all pertinent points. Make sure the ID proves the name on the documents and that all the signers will be there. You should also verify that there is a clean table to sign on. You should go over how long the signing should take, if there is anything going back to the document custodian and if they have used morphine or Jack Daniels within several hours of the signing. Nothing beats a sober signer or a well-organized Notary Public.

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2. Introduce yourself at the door.
It is good to mention that you are Joe the signing agent and that it is your job to facilitate the signing. Mention that they can address all of your questions to you, but that you cannot answer specific questions about their loan, but only general questions about loan documents and Notary procedure.

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3. Small talk is good.
People like a friendly Notary who can talk about small talk. But, avoid any topics that could be controversial such as gender issues, sex, guns, and how born-again Christians should have a second birth certificate for when they were born the second time.

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4. Don’t discuss guns and religion.
Unless you are notarizing the Obamas, don’t bring up Joe the plumber, or religion. But, if you are notarizing the head of the NRA then you might reconsider guns. If you ask him to shoot you an email, don’t be surprised if he asks what you want him to shoot it with! Yee-haw!!!

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5. Don’t park in the driveway.
The driveway is for the residents to park in, not you. You are their humble servant who parks on the street (sorry).

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6. Call if you’re going to be late.
If you are going to be late, call and let them know ahead of time rather than keeping people hanging.

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7. Don’t rush the borrowers.
On the other hand, if you have another appointment to go to, let them know when you have to depart. If you are under a time crunch, you can discuss their right to rescind if applicable and remind them that they have borrower copies.

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8. No drinks on the table
Drinks can spill, so unless you want your Deed of Trust drenched, keep the drinks on a chair or a separate table — no exceptions.

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9. Know when to call the Lender.
If the borrower asks questions, you need to know in advance which questions you can answer and which questions to refer to the Lender. You should have the phone numbers for Title, the lender, and any other relevant party. You can answer questions about what information is where in the documents as well as Notary questions. You should not answer questions specific to their loan.

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10. Middle initials
If the signer doesn’t want to sign with their middle initial, politely tell them that they need to sign the way their name reads on title otherwise their loan might not fund.

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11. How long to wait for return calls
If you try to reach one of the contact people for the loan such as Title, Loan Officer, Lender, etc., and they do not answer, try to give them a reasonable amount of time to respond. Twenty minutes to an hour seems reasonable.

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12. Dress for success.
People get very put off if you do not dress like a business professional. Business casual or business formal is fine. Avoid jeans and definitely don’t wear flip flops, shorts, bathing suits, heavy makeup, short skirts, or night club apparel. Signers get in trouble all the time for not dressing for success.

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13. Don’t bring your kids.
Believe it or not, some Notaries will bring their family to the signing. This is very intrusive and rude. Either keep your family at home, or in the car, but don’t bring them to the signing.

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14. Don’t complain.
Don’t tell the customers how bad certain signing companies are or who didn’t pay you. Keep your personal business personal. It makes a terrible impression if you talk about this stuff.

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15. Don’t give opinions about the loan.
The worst thing a Notary can do is to give an opinion, especially a negative opinion about a loan. You can get fired, blacklisted or even sued because of this. Some borrowers might cancel their loan because you told them they were getting ripped off.

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16. Following instructions
If you were asked to sign in blue, then sign in blue. If you were asked to start at page four, just do it, don’t explain or make excuses, just follow instructions. If you are asked to fax back page 1 to 28, don’t complain, just do it.

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17. If you make a mistake
If you make a mistake as a Notary, you might have to go back out there and fix the mistake. So, don’t keep people waiting. Go back out there and clean up after yourself.

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18. The grace period
As a Notary, you might be asked to answer emails after a job is done. There might be a problem, error, or just an inquiry. If you don’t answer your email or phone because you are on vacation or just don’t feel like it, that can cause a big problem.

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January 5, 2019

A forged Notary seal ends someone up with a prison sentence

A man from Glendale, CA earned himself a ten year prison sentence by forging a Notary seal in an attempted to conduct a 5.4 million dollar Mortgage fraud scheme. There were two co-conspirators who each served sentences themselves. One was for 6.5 years and the other for 4. years.

The fact that the criminal had altered an “authentication feature,” made the sentencing longer according to federal guidelines. The criminal used falsified documents using his false seal to fool county recorders.

Crimes like this involving Notaries engaging in fraud relating to real property (such as houses, etc.) are the worst crimes that a Notary can commit and normally end up in jail time. There are other things Notaries typically do wrong like falsifying dates on certificates which can also get you in a lot of trouble. Notaries typically do not administer Oaths correctly, or at all which can result in your commission being revoked. As a Notary, you really need to consider the fact that if you fool around with your commission, it can be taken away from you.

There was another case where a Sacramento Notary was involved in a 19 million dollar fraud scheme by impersonating NNA’s 2007 Notary of the Year. The perpetrator fled to Lebanon and was arrested upon re-entering the United States. Sampson, the Notary whose name was fraudulently used protected herself by showing her journal to prove that she had not performed those notarizations.

Let this be a lesson to those who say, and often in a whiny voice, “My state doesn’t require journals.” Without that journal, you could be accused of conspiracy in a 19 million dollar fraud scheme or identity fraud, or worse…

You might also like:

See our string of posts about Notary fraud
http://blog.123notary.com/?s=notary+fraud

California man pleads guilty in stolen Notary ID case.
https://www.nationalnotary.org/notary-bulletin/blog/2012/01/california-guilty-notary-id-case

What is the burden of proof for Notary fraud?
https://www.avvo.com/legal-answers/what-is-a-burden-of-proof-for-a-notary-fraud-in-ca-2629309.html

Notary Public Seal
http://blog.123notary.com/?p=21411

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What is the penalty for notary fraud?
Notary Fraud California
Notary Fraud New York
Notary Fraud Florida
Can a Notary be sued for fraud?
Fraudulent Notarization Pennsylvania
Fraudulent Notarization California
Fraudulent Notarization New York
What is the legal charge for witness and notary for fraudulent signatures
What is the punishment for an attorney notarizing a fraudulent document?
What to do about a fraudulent notary signature

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January 1, 2019

eNotary — Electronic Notary & Electronic Notarizations

Can I get an electronic notarization? Can I get an eSignature notarized?

The answer to this question is that it depends on what type of document you are having notarized. Additionally, the notary needs to be able to identify you.

A Notary must apply for a special and separate eNotary commission that is above and beyond their regular notary commission. This is only allowed in specific states as well.

To become an eNotary, just become a regular Notary and then say, “Vanna, can I buy a vowel?” Just kidding. Please ask your secretary of state’s notary division how to apply to be an eNotary.

Many of the states that allow eNotarizations require the physical appearance of the signer before the notary public for all transactions. I heard that in Virginia, an eNotary can notarize people remotely in any part of the world. Please read this FAQ page to read the details of remote notarizations.

Remove Notarizations allowed for Virginia eNotaries
https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary-faq/

Colorado eNotary
Personal appearance is also required in Colorado.
https://www.sos.state.co.us/pubs/notary/eNotary.html

West Virginia eNotary — West Virginia Electronic Notary
This state requires physical presence of the signer for eNotarizations alghough the signature can be digital.
https://sos.wv.gov/business-licensing/notaries/Pages/ElectronicNotarization.aspx

Texas eNotary — Texas Electronic Notary
https://www.sos.state.tx.us/statdoc/gettingstarted.shtml

Virginia eNotary — Virginia Electronic Notary
https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary/

The Pros and Cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations (old)
http://blog.123notary.com/?p=228

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December 14, 2018

Notary arrested for stealing spices from borrowers

Filed under: Popular on Twitter,Virtual Comedy Themes — Tags: — admin @ 12:29 am

It is common for people to go to other people’s homes and steal Oxy-codene. However, this is a new one. There was a rash in what I call spice-jacking in the Orange County area of California. It turned out to be just one guy, and a notary. But, the authorities caught on and published some public awareness materials about the subject…

You may not know if you have been spice-jacked. Answer this questionaire, and if you said yes to five or more items on this list — contact the authorities immediately — you have been spice jacked…

Have you been notarized in the last six months?
Did the notary ask you to swear on your mother’s cooking instead of a bible? Or did he substitute the bible for a Julia Child’s encyclopedia of cooking?

Has your cumin come out?
Has your coriander meandered?
Has your rose-mary been annulled?
Is your mint no longer in mint condition?
Is your tarragon just gon?
Are you no longer on the same page with your sage? (or is it showing age?)
Has your card-amom been declined (or expired)?
Have your bay leave(s) become bay left(s)?
Has your garam masala (Indian spice mix) lost its kick?
Has your turmeric’s turm expired?
Has your oregano become ore-went-and-did-not-come-back?
Has your aleppo pepper been receiving funds from Putin?
Has your haba-near-o become haba-far-away-o?
Have your c-loves turned to c-hates?
Has your ginger disappeared and then reappeared on a deserted island with Gilligan?

If so, you may have been spice jacked. Please call 888-888-8888 for immediate assistance.

The notary who committed these crimes had a last minute call for an airport notarization. Someone needed one of those permission to travel forms to have their uncle take their kid to Zacatecas in Mexico. These forms typically need to be notarized if going to Mexico. So, the notary did the notarization, got paid cash, and then proceeded to the airport restaurant. At the next table over some TSA personel were having lunch. Then some other TSA people came over with their K-9. The K-9 started sniffing the Notary’s bag. The officer was sure that they would find drugs, but all they found were remains of… you guessed it… oregano and some exotic imported red pepper powder from Egypt. The authorities then had the Notary bring them to his car where they found a huge stash of stolen spices which the Notary had obtained from his various Notary appointments. He loved Notarizing Indians specifically for this reason. The authorities contacted Orange County police and the Notary got busted.

To be safe, from now on, keep your spices under lock and key just in case some other culinarily inspired Notaries get the wrong idea about your marjoram or herbs du provence.

You might also like:

A forged notary seal ends someone up with a prison sentence
http://blog.123notary.com/?p=21355

Best notary comedy articles 2010 to 2014
http://blog.123notary.com/?p=20288

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December 7, 2018

Stormy Daniels accuses Notary of having intercourse with her

Filed under: Humorous Posts — admin @ 5:18 am

After the whole Trump fiasco, now Stormy Daniels is accusing a California Notary by the name of John Q. Public of giving her hush money not to talk about the secret affair they had twenty years earlier.

STORMY: You know I’m gonna let society know what you did, you little rascal.

JOHN: Have I been a very very bad boy?

STORMY: I have a little dirt on you that I’m going to hold against you.

JOHN: Just like you held me against you?

STORMY: Not exactly the same way. But, you forgot to put a state in your venue, and that is an omission.

JOHN: Are you saying that I didn’t have any ink in my seal, are you saying that I’m shooting blanks? Because I assure you that I’m fully loaded.

STORMY: Well that’s the problem. You were so loaded you couldn’t do your notarization correctly without drifting off in the middle. You also forgot to administer an Oath on my Jurat. That’s fraud baby, and I’m going to report you.

JOHN: How much more hush money do you want? Actually, my commission’s over, so it doesn’t matter anymore.

STORMY: It does on a felony conviction.

JOHN: That was twenty years ago, so the statute of limitations is over. Actually, I need to see my Attorney to verify. I owe her hush money too, so I’ll multi-task.

ATTORNEY: Hey Stormy, you should be embarrassed to have done it with a Notary. You should be paying him hush money.

STORMY: Hmm, I never thought of it that way. Especially since I was thinking about running for office. Maybe you’re right. Let’s just call it even, and make a toast with my brother Jack.

ATTORNEY: Deal. But, calling it even, there are still Attorney fees. Okay. Two bottles of Jack will do it.

STORMY: That’s money down the storm drain — pity, but makes a great pun on my name.

You might also like:

Texas suspends Notary who handled Stormy’s hush money
http://blog.123notary.com/?p=22331

Perhaps Trump will take notary competency more seriously now that he is affected
http://blog.123notary.com/?p=22335

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November 20, 2018

123notary’s Index of Popular Notary Articles

I am not sure how this is going to go, because there are more than a thousand articles on our site. So, wish me luck and I hope this post is valuable.

COURSES
http://blog.123notary.com/?p=20276
Beginner Notaries 103 Course – http://blog.123notary.com/?p=21112
Notary Etiquette 104 – http://blog.123notary.com/?p=21132

TECHNICAL POSTS
Journals — http://blog.123notary.com/?p=20272
Certificates — http://blog.123notary.com/?p=20268
Notary Acts — http://blog.123notary.com/?p=20280
General Notary Information — http://blog.123notary.com/?p=20264
Documents — http://blog.123notary.com/?p=20258
Law Suits & Legal Risks – http://blog.123notary.com/?p=20478
Credible Witnesses – http://blog.123notary.com/?p=20414
Index of posts about Power of Attorney – http://blog.123notary.com/?p=20255

MARKETING
Notary Marketing 102 Course – http://blog.123notary.com/?p=19774
Index of Marketing Posts – http://blog.123notary.com/?p=20284
Snapdocs Compilation – http://blog.123notary.com/?p=21531
Phone Etiquette – http://blog.123notary.com/?p=20505
Compilation of certification posts – http://blog.123notary.com/?p=16264
10 rules for negotiating fees – http://blog.123notary.com/?p=19620
How to write a notes section if you are a beginner – http://blog.123notary.com/?p=16698

PUBLIC INTEREST
Find a Notary – http://blog.123notary.com/?tag=find-a-notary
Posts about fraud – http://blog.123notary.com/?p=21527

GUEST BLOGGERS
String of guest blogs – http://blog.123notary.com/?cat=230
Compilation of guest blogs – http://blog.123notary.com/?p=22472

HUMOROUS & DRAMA POSTS
Best comedy articles 2010 to 2014 – http://blog.123notary.com/?p=20288
Stories on the blog – http://blog.123notary.com/?p=21898
Posts about Notary & Politics – http://blog.123notary.com/?p=20357
Compilation of mafia related posts – http://blog.123notary.com/?p=20352
Best Virtual Comedy Posts to 2018 – http://blog.123notary.com/?p=17693
Notary Restaurant Post Compilation – http://blog.123notary.com/?p=17442
Notary Dating & Romance – http://blog.123notary.com/?p=17451
Compilation of Notary Sit-Com Episodes – http://blog.123notary.com/?p=15949

GENERAL
Best blog posts since 2010 – http://blog.123notary.com/?p=21650
Posts about 123notary – http://blog.123notary.com/?p=20648

COMPREHENSIVE GUIDES
12 questions to ask for hospital notarizations – http://blog.123notary.com/?p=20519
How to make more as a signing agent – http://blog.123notary.com/?p=20418
Notary Public general info – http://blog.123notary.com/?p=20075
How to negotiate signing fees like a pro! – http://blog.123notary.com/?p=19198
When to refuse a notarization – a comprehensive guide – http://blog.123notary.com/?p=18974
10 things a notary can do to screw up a notarization – http://blog.123notary.com/?p=18864
A comprehensive guide to notary organizations – http://blog.123notary.com/?p=17088
A comprehensive guide to notary pricing – http://blog.123notary.com/?p=16504
123notary’s comprehensive guide to getting reviews – http://blog.123notary.com/?p=16290
Everything you need to know about writing a great notes section – http://blog.123notary.com/?p=16074
10 tight points on loose certificates – http://blog.123notary.com/?p=15449
Notary journals from A to Z – http://blog.123notary.com/?p=8348
Notary Seal information from A to Z – http://blog.123notary.com/?p=8337
Signing Agent best practice 63 points – http://blog.123notary.com/?p=4315
Borrower Etiquette from A to Z – http://blog.123notary.com/?p=2995
Backdating from A to Z – http://blog.123notary.com/?p=2424
Mobile Offices from A to Z – http://blog.123notary.com/?p=535

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November 14, 2018

What are my best memories of 123notary?

Filed under: General Stories — admin @ 9:18 am

I have many memories of 123notary going far back.

I remember not being able to transfer the name notarywilltravel.com back in 2000. That is why I had to register the name 123notary. That changed my life. I think angels were involved and had a plan for me. Or perhaps I’m watching too much Joel Osteen.

I remember when my father built a system for updating listings back in 2001. He had to teach me a little bit about the FTP process for me to be able to use it. It was very primitive, but got the job done.

I remember when I first met Carmen back in 2003. I taught her about loan signing and then begged her to work for me. I still have the contract she signed about commissions.

I remember learning SEO from Mark at eMarketing Associates back in 2008. Mark changed my life. He taught me about breadcrumb links and a lot more.

In 2009, an irate Notary from Louisiana made some B.S. excuses for not getting back to me about a complaint. She claimed to be in a hospital, and then raised holy hell when I asked for evidence that she was in the hospital.

Mitch got me started on blogging in 2010. My first blogs mostly didn’t fly with the audience, but some of the articles I wrote in 2010 are the most popular that I have ever written. Beginners luck?

I remember 2012 being the most profitable year of my life, or was it 2013? I guess the Mayans were wrong.

Writing Bartender Notary was a great memory. I don’t think the post was that successful, but I really enjoyed writing it along with My date with Jeremy.

Hiring Andy to help with comedy writing was a great memory. We still work together and he really helped add humor to my Notary Public 101 course which the Notaries are still complimenting me on. Lucky! Sometimes comedy backfires.

In 2017 I removed more than 1000 certifications from people who either cheated on their original test or just had no idea what they were doing. It is so sad to see so much ignorance and obstinence. This is my worst memory.

I will remember all the phone quizzes I did and how much people hated it. There were a few happy memories of people I could elite certify, but not that many.

I hope I have some good memories of 123notary in the future. Honestly, I love the work, but I do not like the anger and lazy attitude that the majority of the Notaries have. It really drains the life out of Carmen and myself and it is so unnecessary and counterproductive.

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You might also like:

123notary 2018 Certification Standards
http://blog.123notary.com/?p=20120

The History of 123notary
http://blog.123notary.com/?p=17458

123notary behind the scenes
http://blog.123notary.com/?p=2499

The story of 123notary.com
http://blog.123notary.com/?p=710

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