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May 31, 2016

Changed! Form 4506 Request for Copy of Tax Return

Changed! Form 4506 Request for Copy of Tax Return
Also changed is the similar Form 4506-T. Both forms being reviewed are September 2015 (look in upper left hand corner). The big change is the addition of a Mandatory check box next to the signature area. The signer must check box to attest to having authority to sign either form. “The form will not be processed and returned to you if the box is unchecked”. So, heads up about this – make sure they check the box when they sign. As we are there to make sure forms are completed correctly – take a few minutes and read the instruction page.

Most of the time the package will include Form 4506, but, perhaps not. The 4506 now has a fifty dollar fee per year requested, in addition to the above mentioned check box. There is another new option for the 4506. It’s a check box (at the extreme right) “If the copies must be certified for court or administrative proceedings”. That is probably necessary if the document is to receive an Apostille, but not sure. Either spouse may sign the form, or both may sign – I usually try for both.

Form 4506-T is quite different, rather than requesting a “copy” of the actual return; it requests a “Transcript” of the entries made on the return. This one is processed free. Oddly the contents of the 4506-T are specified on the 4506. At the top of the 4506 it states “The transcript provides most of the line entries from the original tax return and usually contains the information that a third party (such as a mortgage company) requires”.

Form 4506-T contains several options (again with check boxes on the right hand edge). Line 5 (where to send it) probably should be completed with the address of title or similar; otherwise the info is sent to the taxpayer. Prior to the check boxes the choice of which form must be entered – most would probably enter 1040. Then it’s on to selecting what type of transcript is required. It’s all on the form, so I’m not covering options 6-a to 6-c. Line 7 is interesting – here you request from the IRS proof that you did NOT file a return for tax year(s). Line 9 is where the tax years requested are specified.

The attestations of authority checkbox and signature areas are basically the same on both forms.
So, with the 50$ fee for the complete copy; many are likely to move to the 4506-T, processed at no charge. Thus, it would be wise to print them both each has only one page of instructions. Read the instructions carefully and understand the difference between the two. It’s unlikely that the borrower will know what options are required on the 4506-T. It’s best when you see it to review your instructions for what options are wanted. If no information is given, call for details. It appears that 6-c and option 8 provides the most complete information.

Fortunately, neither form requires notarization, yet? What sets us apart from the “bank notary” is our dedication to keeping up with changing requirements and understanding the need to have forms completed properly. Make sure that line 5 (shipping address) is not overlooked. And, if you have a 4506-T to work with, know what entries are required – don’t guess. And don’t rely on “them” to pre-enter the necessary information. Get it right the first time and be the one they call regularly.

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You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

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April 26, 2016

The Signature Name Affidavit

The Signature/Name Affidavit
It is most likely that you are not processing this simple form properly. First, the good news; of all the forms in various loan packages this one is probably one of the most uniform. There really is little variation in how this form is structured. I will get to where most “go wrong”; but first a bit about the purpose and structure of the SNA.

The package comes from many sources. There are bank docs, title docs, escrow docs and perhaps some from other sources. It’s a virtual certainty that the borrower name will have some slight variation on documents. Of course the key name is the one on the ID and that is the name that you will notarize; we all know that. But, how about the name variations present in the package? This form is used to state, under oath, that the affiant is “also” known as. It’s a one way form. It can only be used to add variations to the notarized name as proven. It cannot be used to “prove”, for notarization purposes a name that does not match the ID presented.

The first entry is the legal name, which I define as what is on the ID. Thus, if the middle name is on that line it must be on the ID. If, for example the middle name is NOT on the ID, it should be redacted from the top line (proven name only) and that name “demoted” to an “also known as” line in the second area. Yes, the 3 part name is their legal name, BUT – as it was not proven to me I cannot notarize it. If the ID has only the middle initial, that is the “first line” entry. They can “acquire” the middle name in full as an “also known as” in a subsequent entry.

All subsequent entries (AKAs) should include variations, including but not limited to maiden names. The most common variations are the inclusion and omission of middle initials. One approach to completing the form is to keep it on the table while processing other documents. Add to the AKA section each name variation as noticed. Ask the borrower to print and sign the AKA in parallel to processing the bulk of the package. The printed name on the left will have the variation; usually the “matching” signature on the right will be the same for each entry.

The SNA can be used in court, along with a handwriting expert; to determine a signature is authentic on a document. As the signatures were witnessed by a notary, they can be accepted as valid when comparing to a different document. For this reason it’s a good practice to N/A any unused AKA lines; so subsequent names / signatures cannot be added; do you do that?

At the start of this entry I said you probably are not processing this properly, now to prove that statement. After the AKAs there is usually a statement “and that (usually filled in with the preprinted AKA(s)) are one and the same person”. However, you probably added one or more names to the AKA entries, and had the borrower sign on the right. What you might be overlooking is the need to ALSO put the added AKAs to the statement at the bottom! Take a look at an AKA form; there is a reason that they left plenty of room. That section is often overlooked!

It’s a signing, not a closing for most of us. We are there to collect signatures and initials. It’s rare for ALL the docs to have precisely the same name; rarer still for that name to be exactly what is on the presented ID. Proper completion of the SNA is mandatory, and avoiding a redraw will mark you as both a hero and a skilled professional. But don’t go overboard; adding your own SNA is probably not a good idea. If you need one and it was not supplied, call for “what to do”!

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You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

The Signature Affidavit – what it is and its purpose!
http://blog.123notary.com/?p=22541

What defines what a signature is?
http://blog.123notary.com/?p=22173

Index of information about documents
http://blog.123notary.com/?p=20258

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April 19, 2016

Good Deed Bad Deed

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

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You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

Index of information about documents
http://blog.123notary.com/?p=20258

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February 26, 2016

January 28, 2016

I’d rather stop being a Notary than carry a gun

Notaries have very conflicting attitudes about carrying guns. Some are violently against it, while others just see guns as a fact of life. For people growing up in Haiti or Israel, there are people with machine guns everywhere. It is just a fact of life. But for Americans, guns are not so common unless you are a gangster, or drive a pick up truck in a red state. So, how can Notaries defend themselves?

(1) Some Notaries let their husband know where they will be and to call the police if they don’t hear back from them by a particular time.

(2) Other Notaries carry pepper spray. Pepper spray is nice because you don’t do any real harm to the victim. It is not expensive, and not difficult to use. Additionally, you can use it on dogs. In my experience, dogs are more of a realistic threat to Notaries (and mailmen) than humans

(3) Some Notaries always place themselves between the signer and the door so they can run if the going gets rough. You would be surprised how much anger the APR can cause!

(4) At 123notary, we recommend getting advanced training in Okinawan Japanese style Notary-jitsu. Notary-jitsu teaches you how to defend yourselves from the tactics of violent borrowers. You learn to protect yourself from knife attacks, beatings, and small dogs that say “yap.” Yes, this all-inclusive training could save not only your life, but your dignity.

(5) Having a gun. Guns are dangerous. If you use a gun, you will end up in court, and possibly in jail. I am not convinced that having a gun is a good idea, however, in dangerous areas, you might not have a choice. Even in “safe” areas, you could encounter trouble at any time. There are many psycho people out there. They don’t come out all at once — only when you are not expecting it. For some reason, our local taco place has the nicest employees, but the freakiest customers. I have had to call the police once, and on another occassion a woman was beaten so that the thief could steal her mobile phone and then casually walk away — not run, but walk away.

A gun could save your life in an emergency, but pulling a gun could also get you shot. If you can’t pull your gun in time, the gun won’t save you either. Or if someone has you at gunpoint, it is too late to draw. It is up to you to figure out what to do.

(6) Bringing a large flashlight
I used to have a huge flashlight with me when I was doing pizza delivery back in the day. Military flashlights are the only method for being able to read the numbers on someone’s house. They can also be used as a weapon. I used such a weapon to kill once. Don’t get your hopes up, the victim was a rat, not a human. The rat had invaded my bedroom and jumped into bed with me and then ran away. I cornered it and herioically bludgeoned it with a bash to its head. It was all over in a second. He/she felt no pain.

(7) If you were Crocodile Dundee you would bring a huge knife to the signing table. If the signer offered you an apple and was cutting it with a knife, you could say, “That’s not a knife — THIS is a knife!”

It is up to you what types of weapons you use. In my opinion, all women should know some type of self defence. If someone has you from behind, you should know how to stamp on their food and elbow them. You never know when trouble will come, but you should be ready.

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You might also like:

Some folks feel more comfortable having a strange female at their house than a man.
http://blog.123notary.com/?p=22243

Compilation of mafia related notary posts
http://blog.123notary.com/?p=20352

Psych: busting the Russian Mafia with help of a Notary
http://blog.123notary.com/?p=19963

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January 6, 2016

Notary Jury Duty

I was just at Jury duty. I was lucky. I was called in to a nine day case. I sat on the bench and listened to each one of eighteen individuals introduce themselves one by one. The Attorneys asked everyone questions. After several hours, I was asked if I had any negative experiences with the Police and I said that I had. I was released shortly after that. I am not at liberty to discuss the case, so I won’t.

It seems that Jury duty supports the rights of Americans. The rights of particular Americans — namely Defendants. However, it doesn’t support the rights of the Jury members who are virtual hostages. I think that Jurors who are self-employed, medical professionals, or other busy people should have the option to serve at night so that we don’t have to sacrifice our work. Additionally, I feel that instead of serving one day or one trial, we should serve a particular number of days each four year period.

Say for instance that you are super busy at work, and then Jury duty hijacks you and forces you to serve on a 12 day trial. They will no longer accept hardship excuses from most people in California. When you come into Jury duty you can’t plan your life. You don’t know if you will get called into service at all during your designated week. And if you are required to show up, will you sit in that big room all daylong to daydream or will you get picked on a murder trial that will last six months? It is not fair to the Juror.

My suggestion is have 10 days of service every 4 years. If your service is above 10 days because a trial drags on, you should get paid $150 per day regardless of what you normally earn. We are putting in our time as slaves for the benefit of the defendants. They should pay if they use more of our time than they deserve. Can you imagine using 12 Jurors plus back ups day after day for a long drawn out case? It almost happened to me. You could do your ten days all at once, or you could go trial by trial and spread it out over several years. You should also be able to choose day or night, or weekend court. Jury duty should be for the convenience of the Jurors,not for the convenience of the Judge and Attorneys who are getting paid a huge salary. The Jurors get nothing!

But, what if you were a Notary sitting in that big room turning tricks while waiting? It is not illegal, and you could make a fortune! Have your clients come to you. Just hope to God you don’t get called, otherwise no notary income for you for potentially many days.

ATTORNEY: Now, Mr. Swengsly, do you consider the duties of a live in maid to be something they should be accountable 24 hours a day, or less than that?

NOTARY: Ummm, just as long as they keep the joint clean. Can you hold on a second, I think my client is at the door.

JUDGE: Order in the court. What is going on?

NOTARY: Oh, I thought I could have my notary client meet me here. They need an Affidavit signed. It will only take a minute.

JUDGE: Are you trying to show contempt of court?

NOTARY: No your honor, I’m trying not to! (whispering) sign right here… perfect. Raise your right hand…

JUDGE: I’ve never seen anything like this. You are relieved of Jury duty effective this instant.

NOTARY: Oh great. Just one second. Do you solmenly swear to…

JUDGE: OUT!!!!

CLIENT: Let’s continue this in the snack bar next to the metal detector.

JUDGE: In my 35 years as a Judge I have never seen anything like this — BAILIFF!!!

In short, I feel that Jury duty is a valuable American tradition and system. However, I feel that Jurors are treated like dispensable slaves and treated with complete disregard as far as their personal lives go. Your life is put on hold indefinitely for someone else’s court case. Can’t they hire retired people or college kids on summer break for the long ones?

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You might also like:

How often do notaries end up in court?
http://blog.123notary.com/?p=19914

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Notaries without makeup
http://blog.123notary.com/?p=15405

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October 30, 2015

Compilation of Notary Sit-Com Episodes!

Filed under: Compilations,Sit-Coms — Tags: — admin @ 11:32 am

123notary has been writing sit-com episodes for over a year now. It is time that we put them all in one compilation so you can see them all at once! Many of these links are strings to multiple episodes from over the last two years. Here they are!

POPULAR
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Shark Tank
“Good Sign” seeks an investment of 2 million dollars!
Good Sign will reward Notaries by not forcing them to do fax-backs once they have proven a reliable track record for accuracy!
http://blog.123notary.com/?tag=shark-tank

Seinfeld
(1) George’s parents get a vow renewal
(2) The List. Kramer has to get his hands on the list of signing companies.
(3) George Needs a Notary
http://blog.123notary.com/?tag=seinfeld

Psych
A man dies of accidental food poisoning and Shawn solves the case using his psychic powers. They find a Power of Attorney behind the Disneyland document that solves the case. But, Shawn is upset that the Notary will not notarize his stuffed penguin
http://blog.123notary.com/?tag=psych
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ALPHABETICAL
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All in the Family
Archie needs his drug test notarized
http://blog.123notary.com/?tag=all-in-the-family

“Apprentice” — see “The Apprentice.”

Big Bang Theory
Feeling in control Notarizing
Raj wants to take Notary lessons. Sheldon wants to know if being notarized can make them sexy…
http://blog.123notary.com/?tag=big-bang-theory

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Cheers
Sammy gets a name change notarized
http://blog.123notary.com/?tag=cheers

Comedy Central Notary Roast (na/new)
See how Don Rickles and Amy Schumer make commentary about the Notary world.
http://blog.123notary.com/?tag=comedy-central

Family Guy
Peter joins ISIS by mistake & needs a notarized conversion
http://blog.123notary.com/?tag=family-guy

Family Feud
http://blog.123notary.com/?tag=family-feud
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Flashpoint
Notary job for a hostage with a multimillion dollar contract.
http://blog.123notary.com/?tag=flashpoint

Friends
Phoebe’s boyfriend won’t take No-tary for an answer
She’s trying to break up with him, but he always thinks she’s kidding.
So, she needs to get a notarized statement to prove she means it!
http://blog.123notary.com/?tag=friends

George Lopez
George needs a Notary for Carmen’s report card and wants to use the paginas amarillos.
http://blog.123notary.com/?tag=george-lopez

Good Times
JJ draws a Notary Seal
http://blog.123notary.com/?tag=good-times
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Happy Days
The Chinese equivalent of the Fonz appropriately named, “The Fong” needs to get notarized and says, “Don’t touch the leather.”
http://blog.123notary.com/?tag=happy-days

Leave it to Beaver
Notarized parental consent form
http://blog.123notary.com/?p=13180

Lifestyles of the Rich and Famous (new/na)
See how infamous signing companies who don’t pay their Notaries are living it up.
http://blog.123notary.com/?tag=lifestyles-of-the-rich-and-famous

“Lucy” — see “I Love Lucy”
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Minions
A scene from the Minion Loan Signing.
http://blog.123notary.com/?tag=minions

Modern Family
An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?tag=modernfamily

Noternity Court
Your honor, it was 20 years ago. I can’t possibly remember if I notarized that document…
You are…. the Notary!
http://blog.123notary.com/?tag=noternity-court
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The Middle
Sue calls the Notary about an Occupancy Affidavit
http://blog.123notary.com/?tag=the-middle

Notarization on the Steve Harvey Show
Carol meets someone who notarized her 20 years ago and they fall in love!
http://blog.123notary.com/?tag=steve-harvey

Notary Housewives
http://blog.123notary.com/?tag=notary-housewives

Taxi
Reverend Jim becomes a Notary
http://blog.123notary.com/?tag=taxi
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Two and a Half Men
(1) Learning the ropes. Charlie goes to a hot Notary who goes easy on him.
(2) Impaired Judgment. Charlie finds it therapeutic to notarize documents and brings a bottle of vodka for the signers!
(3) Charlie learns the fine art of deterring Notary fraud.
(4) Charlie’s mom needs a Power of Attorney for property management
(5) The intercontinental notary seal
(6) A notary experience
http://blog.123notary.com/?tag=twoandahalfmen

Wheel of Fortune
http://blog.123notary.com/?tag=wheel-of-fortune

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October 3, 2015

Oct Best Signing Company Gossip

Filed under: Popular Signing Co. Lists,Signing Company Gossip — Tags: , — admin @ 1:05 am

Here is some of the best signing company gossip that we’ve had for the last half year.

Locate Notary
A Notary registered with Locate Notary. She had responded to an email from them about a Notary assignment. The company sent an email promising to send them the necessary information within an hour. However, the information never came. Then the Notary asked to be removed from their list. Nothing happened. The fee was $150, so she didn’t want to give up the assignment…
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4915

Sunshine Connection
The notary claimed this company had a “new” method of payment. But, there were four jobs that were not paid for. The checks had allegedly been sent. However, the checks were in the email attachment which the Notary never checked as he was checking snail mail. Bizarre!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6994

US Notary Service
One notary claims they have many stories for non-payment.
#1 Wrong paypal address
#2 They had an alleged paypal receipt
#3 Claims they mailed the check. Notary called back in a week. They claim they are sending it.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5678
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5562

SnapDocs
You can’t download the documents unless you agree to the terms of the particular signing service. But, what if you don’t agree with the terms?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6962

Bankserve
A Notary was accused of using the wrong documents at the signing. But, the Notary did not send themselves the documents. The documents were sent to them. Unless there were two versions of the same documents. Hmmm.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4302

Premiere Notary Service
Scroll down to April 11th. This company offered a Notary additional work when an outstanding invoice that was 60 days late had still not been paid! Amazing!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5739

Timios Title
Timios is one of the all-time favorite Title Companies out there. But, a few Notaries claim that they used to love Timios more before the mass emailing system and the lower price jobs started happening!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4907

Signature Closers – OH
Payment is always direct deposited on the 5th, even if the job done was the last day of the previous month!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4901

Meymax Title
The loan officer upset the borrowers and the Notary was blamed! The borrowers were angry that the LO didn’t give them all of the pertinent information. Additionally, there was a written agreement for a $50 cancellation fee.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6950

Title Source
One Notary loves the weekly deposit system Title Source is using. It is just like a pay check just as long as you don’t make mistakes. This Notary claims Title Source is their bread and butter.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6035

Find out how a job involving 275 pages. The notary accepted, then declined the job. Then a happy salesman called the Notary and tried to sweet talk him. Did the notary mistake them for another company?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=7033

Premier Notary Service
One Notary says this company resolves issues fast. Jeremy was polite and conscientious and took care of everything. Not the same Jeremy as me though. I take at least 48 hours to resolve anything!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=7040

Mortgage Connect LP
One Notary want to blackball this company and get them shut down. This Notary wants to network with other Notaries at the annual conference to find a way to force Title companies to pay up. Do you think he/she will succeed?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3430

FASS
One notary is upset that this company calls in orders that are too far away. Then, the Notary claims that docs are always late and that $75 is not enough. Boy oh boy!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2829

Notary on the Run
The accountant is only there twice a month, but the invoice was 90 days old.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5681

Speedy Closings
The Notary was to get $40 for printing and travel. Now, the Notary wants to go to small claims court to collect.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2345

Skysail Group
Their website keeps track of all your signings online and you can access it by mobile phone!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6058

Nations Direct
The check was sent to AR, not AZ. This Notary used to like Nations Direct, but they started paying her more — and that’s when the punctuality of the payments became an issue.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2436

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July 26, 2015

10 tight points on Loose certificates

I have not written about this topic for a long time because I take for granted that Notaries are experts on the topic. In real life, it is possible that many Notaries do not know how what to do with a loose certificate. So, here are the correct steps to take.

(1) Purchase Certificate Pads from the NNA
Why the NNA? In my experience, they are the best source of 1-stop shopping for Notary supplies. They have great journals and pads. You cannot attach a loose certificate if you don’t have one, so keep them in stock and guard them with your life. Your career as a Notary rests on having the correct forms. You need Acknowledgment Forms, Jurat forms, and perhaps Copy Certificate by Document Custodian forms. Make sure the wording is acceptable according to the current laws of your state!

(2) Keep the Pads in your Notary Bag
Having the right forms is no good if you don’t keep them with you. Clients don’t want to hear the old, “I left it at home” routine. It sounds like your dog ate it. We are not in junior high anymore! Keep your law primers, journal, pads, seal, and anything else you need on you at all times and remember to keep your journal and seal under lock and key when not in use!

(3) When to use Loose Acknowledgments
If you need to notarize a document and the document doesn’t have notorial wording, it is time to use a loose certificate! If a document has incorrect notary wording for your state, you need to consult your state laws to see if they will allow out of state wording. Most states will allow out of state wording providing that the wording isn’t substantially different. If the venue or the name of the signer(s) is wrong or has an extra signer, or leaves the name of a signer out — you might want to attach a loose form.

Also See: Do you Notarize loose certificates as a Notary?

(4) Fill Out the Form
Filling out forms is not rocket science, but more than 50% of notaries omit crossing out the he/she/they and the capacity(ies), etc. If Joe signed the document, then cross out the she/they unless you know more about Joe than we do. You might cross ou the (ies) too. Don’t forget to fill out the venue, stamp, and sign the form. If your state doesn’t require a stamp, consider moving to a better state!

(5) If the Glove Don’t Match, you Must Attach!
Certificate forms must be attached to corresponding documents by law in many states. This means by staple, otherwise it will most likely be detached which could lead to a lot of confusion and potentially to law suits. You should also indicate the document name, date and length on the certificate as well as any other pertinent and identifying information about the document just in case the certificate gets separated. Many Title companies detach certificates which is completely illegal, but they don’t care because they are above the law — or think they are — or never got caught — yet…

(6) NEVER Send a Loose Jurat in the Mail
You can go to jail and lose your commission if you send a loose certificate in the mail. Lenders often ask you to just send a loose “Jurat” in the mail if the one you sent is not acceptable for one reason or another. You can request that the original document is sent back to you. That way you can destroy the original Acknowledgment or Jurat and add another one and staple it to the document. If you send a loose one, it could be attached to a different document and used for fraud, and you might end up in court.

(7) Some People Create Their Own
Some notaries who are penny foolish create their own Acknowledgment pads. You could put company branding on it to gain attention for your company. Just make sure you don’t goof as this is a legal document.

(8) Thumbprints?
Most Notaries only put thumbprints in their journals if they thumbprint at all. But, the NNA’s certificates have, or used to have (I’ve been out of the loop for a while) room for thumbprints. It looks more official for really critical documents if you get that extra thumbprint. For documents going overseas, I recommend this as foreigners think you are the best Notary in town if you give thumbprints — and embossing looks really official too!

(9) Two Certificates?
Sometimes you might need to attach multiple certificates for a single document. This is fine. One for his, and one for hers. They might even be notarized at different times. The custodian or recipient of the document might or might not like that, but it is all perfectly legal! You might have a lot of staples if you attach them at different times, but that is how the Notary business works.

(10) Jurats with Oaths
Sometimes if you are administering an Oath on a short statement, you can write the statement right on the Jurat form. In this case, you don’t need to staple the form to a document as the form includes the contents of the document as well as the Notarization. Don’t forget to have them raise their right hands and swear under Oath!

You might also like:

2014 excerpts from great notes sections
http://blog.123notary.com/?p=13613

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

What goes where in your notes section?
http://blog.123notary.com/?p=1076

What is so critical about crossing out he/she/they?
http://blog.123notary.com/?p=22223

Can a notary sign on a different day?
http://blog.123notary.com/?p=22084

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July 17, 2015

Honey, You Can Kiss my App!

GPS: You will be approaching the Deed of Trust in 3 seconds… You have arrived at your destination.

MARCY: Well, I’m a new notary, so what do I do now?

GPS: What do you think is next, do you want me to tell you to wash your hair and then repeat?

MARCY: I’m sorry, could you repeat that?

GPS: Never mind. Have the borrower initial all of the pages of the Deed of Trust in the small horizontal line in the bottom corner.

MARCY: But, this has 15 pages!

GPS: You heard me girl.

MARCY: Okay, we are going to sign the Note now, and then these other documents…. Okay, we finished signing the HUD-1.

GPS: You go girl! Okay, now let’s take a look at that Flood Affidavit.

MARCY: Gee, the app says you can explain this to me in Chinese, but I don’t speak Chinese. Hmm, I wonder what happens if.

GPS: Qing ni zai qian ge ming zai zui hou de ye.

MARCY: Yet another thing that was made in China. I better switch it back to Chantelle.

GPS: Do you realize what you just did?

MARCY: Yeah, I switched you to Li-Wen for 30 seconds. I didn’t know what that button did.

GPS: Well, you should be more careful. That app doesn’t exactly steer you towards the nearest Chinese restaurant, and if it did, it would steer you to the type of restaurants with dishes that the owner says, “you no like.”

MARCY: I think you’re right. I went to one of those restaurants. I ordered something called “zhu chang” and the owner said, “You no like.” I asked what it was and he said, “Pig intestine with ox brain.” And I said, you’re right, I no like! And then he said, “you think you no like? how you think ox felt?” And then I said, “You’ve got a point. Let’s stick to kung pao!”

GPS: Yeah, and if you had kept on with Li-Wen, should wouldn’t direct you to the fork in the road. She would have directed you to the chopsticks in the road. Then, you’d really be in trouble!

MARCY: Yeah, because I don’t know how to use chopsticks.

GPS: Yeah, but Li-Wen could probably hook you up with some training sticks.

SIGNER: Less talk, more signing please.

GPS: I saw that in a fortune cookie once.

SIGNER: Gee, Chantelle, you do seem to know a lot about China for a GPS. Have you been to China?

GPS: Honey, I was born in China. My parents were nine year old kids who didn’t get decent child labor laws for Christmas.

SIGNER: So, you grew up in Peking, not Pittsburg.

MARCY: Gee, I never thought of you as Chinese.

GPS: Well, think again! I grew up in the basement of a electronics chop shop in An-Hui province. I got plenty of love, but my parents were mad at me for not being a boy.

MARCY: Well, couldn’t they have made you into a boy?

GPS: Don’t think they didn’t try! They didn’t have the voice overs to do that, so they were stuck with what they had. And they had to keep me due to the one-child policy.

SIGNER: Well you seem very polite.

GPS: I had to be. My parents said that if I acted up, they would export me.

MARCY: It’s fun talking to you, but honestly, the way you explain the documents isn’t thorough enough. The app literature claimed that you would be a lot more detailed in your instructions.

GPS: Well if you don’t like it, then you can kiss my app!

MARCY: Well, I’m new at this, so I need a little more mentoring.

GPS: Fine. Have it your way. I’m auto-switching you to Charles. You’ll be sorry now.

CHARLES: (British Accent) Hello, this is Charles.

MARCY: Oh, you sound Brittish. So, what’s the next step in this signing?

CHARLES: Well, if you were Queen Latifah, I would courtsey.

MARCY: No, the signing. We just signed the Flood Disclosure.

CHARLES: Well, just sign the other documents and be done with it.

MARCY: Don’t you understand loan signing?

CHARLES: Well, there’s nothing to know actually. You just sign as your name is printed, and that is that!

SIGNER: I don’t know why Marcy opened her big mouth, but we were much better off with Chantel.

CHARLES: This was the way I was programmed.

MARCY: Well, we need more than this, and the app we bought was guaranteed to be thorough in its descriptions of documents.

CHARLES: Well if that’s the way you feel then Cherio. I’m switching you to Li-Wen.

LI-WEN: Ni hao, wo jiao li-wen. Wo zen-me ke-yi bang zhu ni?

MARCY: Do you speak English?

LI-WEN: Sorry, no English.

MARCY: The app said that the voices would be in English.

LI-WEN: Not all of them. 1.3 billion people speak Chinese these day.

MARCY: Well this is not going to work.

LI-WEN: If you no like, then — Honey, you can kiss my app!

.

You might also like:

Affiant: A social media site for Notaries
http://blog.123notary.com/?p=6410

Apps that Notaries never heard of that could change your life
http://blog.123notary.com/?p=16311

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