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February 4, 2019

Compilation – Best blog posts from 2010

Filed under: Compilations — admin @ 6:10 am

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TOP

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

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MARKETING

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Bilingual Notaries – how often are they needed?
http://blog.123notary.com/?p=238

Business cards for Notaries
http://blog.123notary.com/?p=36

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

2010 version – everything you need to know about notary advertising
http://blog.123notary.com/?p=30

Getting Paid the ins and outs
http://blog.123notary.com/?p=27

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SOCIAL

Welcome to the 123notary Blog
http://blog.123notary.com/?p=1

Social Media – what we are doing
http://blog.123notary.com/?p=3

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

TECHNICAL

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

Everything you need to know about journals
http://blog.123notary.com/?p=70

Signature by X
http://blog.123notary.com/?p=203

911 and California Law Changes
http://blog.123notary.com/?p=212

New laws for Notaries in Illinois
http://blog.123notary.com/?p=198

Jail Notary jobs from A to Z
http://blog.123notary.com/?p=151

Credible Witnesses – When ID and docs have different names
http://blog.123notary.com/?p=230

Typical Things Notaries do Wrong
http://blog.123notary.com/?p=58

Meeting clients at a jail
http://blog.123notary.com/?p=274

12 points on eNotarizations
http://blog.123notary.com/?p=228

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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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December 20, 2018

Beginner Notaries 103 — Notary Etiquette

Filed under: Etiquette — admin @ 1:24 pm

Notary Etiquette
Return to Table of Contents for – Beginner Notaries 103

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New Notaries and experienced Notaries alike have a very poor sense of Notary etiquette. It is common for people to complain about small things and not communicate well. We are going to publish a course on Notary etiquette. But, here are some of the main points you should understand.

1. Answering questions the way they were asked
Most Notaries cannot give straight answers to questions. This is a sign of poor self-discipline and a scrambled mental state. If someone asks how many loans you have signed, most Notaries tell you how many years and tell their life story. This is annoying and is bad manners. Just give the person a number. If someone asks what counties you serve, don’t tell them your whole pricing strategy for each county, just tell them your counties. If they want pricing information they can ask.

2. Answer the phone stating your name.
Too many people answer the phone saying, “hullo?” It is unprofessional. Others say, “Why are you calling me on a Sunday?” Don’t do that. Be professional. Others answer the phone while answering a question to the person standing next to them. This behavior can be alienating to the caller as you don’t know who the recipient is talking to.

3. Don’t have family members answer your phone.
It is annoying and confusing when someone else answers your phone for you. If they don’t state their name, the caller won’t even know they are not talking to you and might start a long conversation with the long person.

4. Don’t have noise when you answer the phone
No Mortgage professional wants to have their conversation with you interrupted because of your screaming kids. If you are in a restaurant, apologize about the noise and explain to them where you are. Hopefully they will understand.

5. Don’t fail to answer calls in a signing
If you don’t answer calls in a signing, nobody will be able to reach you. Unless you signed a contract saying you won’t answer calls, answer your phone otherwise how will you get your next job?

6. Don’t answer the phone and then refuse to talk
If you answer the phone, give the person calling a minute or two to state why they are calling and let them ask a quick question or two. If you answer the phone and interrupt the caller only to tell them that you can’t talk — you should not have answered in the first place. It is rude and annoying to do such a thing.

7. Get documents back to the company fast.
Know your local FedEx stations and UPS stops. Get packages back as soon as you can. Nobody wants to find out that their package is in your trunk four days after the fact. They also don’t want to hear that you missed FedEx pickup because you waited until the last minute, got a last minute job, and then forgot to drop the package as a result. Drop it like it’s hot.

8. Accept criticism
Most Notaries think they are so knowledgeable and can do no wrong. But, get very hostile when anyone criticizes them. In real life agencies that list you or hiring parties might criticize you. Take it as constructive criticism and learn from it. Don’t argue and don’t be hostile.

9. Don’t brag
Nothing is worse than a Notary who has to prove to you have great they are and rambles on about how much experience they have. I ask people simple questions such as, “How many loans have you signed?” Instead of getting an answer, I get a long rambling session about how their husband works in Escrow and I learned so much from him over the years and I even attended a signing with him. You can offer to explain your level of experience to someone, but don’t just start bragging and talking nonstop. It is rude, unprofessional and makes you come across as undisciplined and inconsiderate. Be polite and answer the questions that were asked to you.

10. Dress appropriately
Business attire is what you should wear to a signing. Believe it or not, even experienced Notaries show up in flip flops, night club attire, mini skirts, or bring their screaming kids to a signing. You will get fired if you don’t dress the part, so dress like a business person and act like one too.

11. Confirm the signing
Let people know who you are, when you are going to arrive. Call if you are going to be late, etc. You can go over directions as well and it is not a bad idea to know how their name reads on the ID before you drive over.

12. Don’t park in the driveway.
The driveway is for the borrowers or signers to park. You can park on the street unless you are invited to park in the driveway. They might need that spot in their driveway and they might not appreciate the fluids you leak onto their driveway either.

Those are the basics. Read our etiquette course for more.

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December 19, 2018

Beginner Notaries 103 — Additional Reading List

Filed under: General Articles — admin @ 12:52 pm

Beginner Notaries 103: Additional Reading List
Return to Table of Contents – Beginner Notaries 103

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Are you starting out as a mobile notary and don’t know which direction to turn? We know where you should turn and what you should read. So, indulge yourself in this reading list.

How to write a great notes section if you are a beginner
http://blog.123notary.com/?p=16698

Notary information for beginners — best posts
http://blog.123notary.com/?p=10472

Why you should consider getting 123notary Elite Certified
http://blog.123notary.com/?p=20094

Real Life Notary Scenarios
http://blog.123notary.com/?p=19681

The 123notary 30 point course
http://blog.123notary.com/?p=14233

Signing Companies that hire new Notaries
http://blog.123notary.com/?p=7059

How to become a successful mobile notary from scratch
http://blog.123notary.com/?p=13340

Is having an NNA background check necessary for work?
http://blog.123notary.com/?p=10385

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

5 or 6 reviews doubles your business
http://blog.123notary.com/?p=8484

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

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

Signing Agent Best Practices
http://blog.123notary.com/?p=4315

Basic technical information for new Notaries
http://blog.123notary.com/?p=10472

Cattle Call Notary Offers
http://blog.123notary.com/?p=9841

$30 loan signings — is it worth it?
http://blog.123notary.com/?p=10456

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

Wannabe #1 on 123notary? Consider this first
http://blog.123notary.com/?p=9332

What’s your monthly marketing plan?
http://blog.123notary.com/?p=9683

Names for Notary businesses with commentary
http://blog.123notary.com/?p=20765

Tips for avoiding liability with the elderly
http://blog.123notary.com/?p=20040

How much E&O do I need?
http://blog.123notary.com/?p=20183

Who is the authority at a signing?
http://blog.123notary.com/?p=20175

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

Winging it as a Notary
http://blog.123notary.com/?p=19644

If you are named as an identity theft conspirator, you could pay $20,000 in legal fees
http://blog.123notary.com/?p=19481

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

10 risks of being a mobile notary public
http://blog.123notary.com/?p=19459

Airplane meals vs. Oaths and Affirmations
http://blog.123notary.com/?p=19549

Ken’s list of things Notaries might goof on
http://blog.123notary.com/?p=19427

Most of what Jeremy and Carmen at 123notary offer all day is free!
http://blog.123notary.com/?p=19359

When to refuse a notarization – a comprehensive guide
http://blog.123notary.com/?p=18974

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December 16, 2018

Beginner Notaries 103 — What beginners need to know

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:44 pm

Return to Table of Contents – Beginner Notaries 103

As a beginner Notary, there is a lot you need to know. Many things that experienced Notaries take for granted might take you a year or two to find out. Here are some quick pointers that might be valuable.

1. Your Listing’s Performance.
Listings on 123notary for new Notaries can give you miracle performance. However, no matter how much you pay for a listing on 123notary, the listing will not perform well unless you have a good notes section, reviews, and it helps a lot if you are 123notary certified (especially for newer Notaries.)

2. Your Profile’s Notes Section
Listings that lack a good notes section typically get ignored as that is the first piece of information that companies look for when they are hiring. If your notes are blank, short, or incomplete, your incoming phone log from companies will be equally blank. People want to get a sense of who you are, your professional background, and your skills before they invest in a phone call. Additionally, notes sections with spelling or grammar mistakes will be a huge issue for title companies who will bypass you if they have any cause for concern. 123notary’s blog has an entire section on how to write a great notes section with dozens of unique articles.

3. Notary Reviews
Reviews are your ticket to success. Never mind how great you say you are, talk is cheap if you are complimenting yourself. But, what your customers, especially title companies say about you really matters to those thinking of hiring you. 123notary has many articles about how to get reviews, so I suggest becoming an expert on the topic.

4. Reading Suggestions
Notaries should ideally read Notary blogs, forums, visit the NNA & 123notary Facebook groups (but not the private groups), newsletters, courses, handbooks, and anything else that could be considered helpful. Getting Notary advice from semi-unemployed Notaries who frequent Facebook is a very poor idea. Get your official Notary advice only from your state Notary division and no other source otherwise you might be very sorry.

Smart Notaries and dumb notaries alike realize that they need to spend time reading to keep up. Smart Notaries get courses from helpful companies and improve their skill sets. Smart Notaries also read what other Notaries say about various signing companies as some signing companies are not the best bet to work for. Dumb Notaries spend their time gossiping with other disgruntled Notaries on various private Facebook groups that generally engage in a lot of complaining and bashing. These dumb Notaries are also dumb enough to get Notary advice from Notaries on these groups who don’t know what they are doing. It is a perfect example of what Jesus said about the blind leading the blind. Get your notary advice from your state notary division. If you get any notary advice from any other source, cross check it with your state. We teach general notary concepts here at 123notary, but we cannot say with any certainty of our principles apply to your state.

5. Experience Counts
Signing and especially Title companies typically do not want to hire someone with less than two years of experience unless they are confident about that person’s knowledge. If you have an escrow background or are certified by 123notary, that will help compensate for your lack of experience. Knowing your documents inside out will help as well which would be a side effect of our certification.

6. Low-Ball Signing Companies
Companies that hire newer signing agents are generally not fun to work for. They require fax backs, micromanage, pay poorly and might nag you a lot. They have to, otherwise they would not be able to hire beginners and provide a high level of accuracy to their clients. So, expect to be treated like a child. Once you get some experience under your belt, you might be able to start accumulating title company clients little by little. On our blog we publish a list of companies that will hire beginners. You should talk to every company on that list.

7. Getting Title Company Work
Migrating from signing companies to working for title companies (who usually pay more, but how much more depends on how the industry is doing) is something people do as they gain experience, knowledge and skill. However, most Notaries cannot work purely for title companies after two years. It sometimes takes many more years before all of your clients are high paying wonderful clients who you love working for. So, there will be a lot of paying your dues.

8. Notary Etiquette
Most Notaries do not have good phone answering skills, nor do they have good communication skills. Having good Notary etiquette and good business skills can help you succeed. If your business skills are not completely up to par, it might be good to read our articles about etiquette and brush up. Answering the phone stating your name is a first. Answering questions the way they were asked without rambling on and on matters too. Accepting instruction from others and not engaging in bragging or whining matters a lot as well. Good etiquette will make you popular with all parties.

9. Notary Education
All Notaries need to study up and be experts at their state’s notary laws. But, knowing how to handle situations, and knowing your documents matters just as much. Reading blogs is a good way to keep informed, but there is no substitute for taking actual classes. For newer Notaries, passing our certification test is a great way to gain credibility as well.

10. Risks and Liability
It is risky being a Notary. 15% of our long term full-time Notaries have been to court at least once generally as a witness. A few Notaries even get sued or end up in legal trouble that can cost them big bucks. It behooves you to keep good records and follow Notary law to a T. Understanding Notary law is not enough. You need to know how to explain to clients what you can and cannot do as well as explain to a judge why you did what you did in a particular situation. One lady turned down a Notarization on correct grounds, got sued and lost because she could not communicate clearly to the judge what her reason was for declining the notarization. You also need to have direct communication with all signers and make sure people are aware of what they are signing, particularly if they are elderly. The Notary does not need to understand the documents, but the signers do, otherwise you might end up in court.

11. Your Attitude
Most Notaries have the attitude that they already know it all and there is nothing more that they need to know. Those who are NNA certified think of themselves as blessings to the industry. The fact is that those who have passed NNA’s test typically get very poor grades on our test. There is always more to learn in this business. It is best to stay open, assume that you do not know everything, and accept criticism from those in hiring capacities or those who run Notary agencies (like me.) You will be more popular with all parties involved if you are open to suggestion and take guidance from those who are a lot more experienced and knowledgeable than you are.

12. Advertising on 123notary.
Companies that pay well love 123notary. However, they typically only hire from the top of the list. If you are not in the top three or top five, you will probably only hear from companies that don’t pay that well. Top spots are not always available, so what should you do? Get the best spot you can, and then try to pass our certification, write a good notes section, and keep getting reviews. That way if a better spot opens up, I will be likely to give it to you rather than someone else. I give open spots to the most qualified member downline, so while you are waiting, try to work on your merit, so that you get the promotion!

13. Marketing Plan
Do you have a marketing plan? Many Notaries just wing it. That is not advisable. We suggest having a definitive, well thought out written plan. You can discuss that plan with others too for suggestions.

14. 123notary is here to help.
Smart Notaries come to us with questions, or ask for help with their notes section. We are here as a resource and much of our help is completely free. Dumb Notaries complain that we scrutinize them to maintain our standards, but smart Notaries take advantage of our free assistance. In the long run, which type of Notary do you think gets ahead?

15. Researching Signing Companies
Not all signing companies are good bets to work for. Read about them in the various forums to get more info. Additionally, Notary Rotary has something called Signing Central where you can look up ratings for the various signing companies. 123notary has a list of signing companies with reviews.

Good luck, and I hope you enjoy this short course.

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December 3, 2018

Compilation of posts about lawsuits & legal risks

Here are some posts about Notaries getting in legal trouble.

Notary loses $4000 in legal fees because fraud adds name to Acknolwedgment
http://blog.123notary.com/?p=19477

If you’re named as an identity theft conspirator, it could cost $20,000 in legal fees.
http://blog.123notary.com/?p=19481

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

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

A Notary gets sued because of a scrambled ID
http://blog.123notary.com/?p=19443

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Help, I’m being sued and E&O won’t help!
http://blog.123notary.com/?p=3570

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Who is the authority at a notary signing?
http://blog.123notary.com/?p=20175

Don’t have unprotected notarizations!
http://blog.123notary.com/?p=19467

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December 2, 2018

Complete guide for beginner Notaries

Filed under: Business Tips — Tags: — admin @ 10:58 am

As a beginner Notary, you need a fast way to get the knowledge you need, get your name out there, get business, and not get in trouble. We make this possible at 123notary.com. There will be some study time required but you can do it. Here is what we recommend.

EDUCATION
Before you get started as a Mobile Notary, you really need to know the ropes. You need to know how to do Notary work, and then how to handle Mobile Notary and Loan Signing jobs. We have free and paid courses that can help you with this. Notary Public 101 on our blog teaches the basics of Notary work and our 30 Point Course goes over loan signing. See our Loan Signing Courses page on our site for more comprehensive paid signing agent courses. We recommend you pass our signing agent test by phone as well. Skimming over the materials isn’t good enough. You need to know your craft inside out because you can get into legal trouble if you make mistakes handling situations and requests! Additionally, you need to know your state laws and we do not teach state laws — only generally prudent practices.

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

GETTING YOUR NAME OUT THERE
We have a list of loan signing companies that hire beginners. They pay less and micromanage a lot more, but that is how it is when you hire beginners. We also recommend talking to local title companies, real estate companies, Attorneys, Bail Bonds places, convalescent homes and giving them your card or contact information.

Signing Companies That Will Hire New Signers
http://blog.123notary.com/?p=7059

MORE ON MARKETING
Please read our comprehensive marketing guide Notary Marketing 102 for detailed marketing advice as well as our other articles.
http://blog.123notary.com/?cat=4624

ADVERTISING
123notary offers premium Notary advertising at a wide variety of prices. Talk to us at our 888 number and find out what is right for you.

YOUR NOTES SECTION
Please read — How to write a notes section as a beginner. http://blog.123notary.com/?p=16698

ADDITIONAL READING
Blog articles for New Signing Agents & Beginners
http://blog.123notary.com/?p=15891

Notary Information for Beginners — Best Posts
http://blog.123notary.com/?p=10472

Which Notary Directories get high paying signings?
http://blog.123notary.com/?p=19201

A Comprehensive Guide to Notary Pricing
http://blog.123notary.com/?p=16504

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October 15, 2018

Testimonial from Frank Tabacca

Filed under: Social Media — Tags: — admin @ 11:47 am

Hello Everyone

My name is Frank and I have been a Certified Signing Agent for over 9 years. Compared to some people out there that’s not a lot, but my point is this, after doing the same thing for a long time, many of us could get complacent. Well, I sure did.

I thought I knew more than most people in this business. I lost that excitement, like when you first started out. My desire to learn wasn’t like it used to be.

At first, I really did feel like reading the material, but once I started, I couldn’t stop, because I was learning things I should have known. I began to feel the desire to read more and learn more. As corny as this may sound, I feel like I’m back again. I feel like it gave me the jump start I needed that I didn’t know I needed.

I am self employed. This is my business and my company and if I don’t treat it as such, it will not produce the way it should or could.

We are all captains of our own ship. We have to lead not follow. I shouldn’t need someone else to get me motivated. We should all have the self desire to read this material and continue to review and search for any information that could help us increase our bottom line.

Since then, I have been vigorously pursuing the desperately needed updating of everything related my business, including my 123notary profile, other profiles with my clients, my own website, marketing, business tools and more.

I needed this.

I am glad 123notary decided to retest everyone. Especially ME!!

Thank you 123notary.

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October 7, 2018

Index of best posts about Notary Marketing

Filed under: Compilations,Marketing Articles — admin @ 2:48 am

Here is our index of best posts about Notary marketing

Notary Marketing 102 — a comprehensive course
http://blog.123notary.com/?p=19774

Best marketing resources for Notaries
http://blog.123notary.com/?p=16322

10 rules for negotiating notary fees
http://blog.123notary.com/?p=19620

Links to posts about Snapdocs
http://blog.123notary.com/?tag=snapdocs

$300 in 13 minutes. How Carmen cleans up in the Notary business
http://blog.123notary.com/?p=19284

Which notary directories get higher paying signings?
http://blog.123notary.com/?p=19201

Strategies for efficiency in the Mobile Notary business
http://blog.123notary.com/?p=18913

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

For background checks, NNA & Sterling come recommended
http://blog.123notary.com/?p=18835

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

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

Does knowledge matter any more as a signing agent?
http://blog.123notary.com/?p=19887

Answering the phone and then not wanting to talk
http://blog.123notary.com/?p=19640

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

Following directions – what’s the big deal?
http://blog.123notary.com/?p=19600

The 24 hour icon and what it means
http://blog.123notary.com/?p=19455

How to make a good first impression
http://blog.123notary.com/?p=19130

You want to get paid well as a Notary, but do you merit a good rate?
http://blog.123notary.com/?p=16687

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September 6, 2018

UPL — Unauthorized Practice of Law in the Notary Profession

Unauthorized practice of law… what does this phrase really mean? The sad truth is that this concept is widely misunderstood, and differs from state to state. The definition of UPL (not UPS) is generally arbitrary and is often set by bar associations set on protecting the financial interests of their Attorneys who don’t want any unnecessary competition in the legal services field. So, one could say that Attorneys as a group are engaged in a form of corruption and using the law to enforce standards that serve no purpose other than to eliminate competition (sounds like the mafia). Instead of burying you in cement, a bar association can investigate a person suspected of UPL, and sue them or perhaps fine them for huge mounts of money leaving the Notary essentially financially broken.

Case Study
One of the Notaries listed on our site lost or almost lost (forgot the story as it was from a decade or more ago) $40,000 for doing a loan signing in a state where Notaries are not allowed to do such things.

Attorney States
In certain states that we refer to as Attorney States, only Attorneys are allowed to do loan signings. The premise is that by engaging in the facilitation of a loan signing, that you are making an unstated assertion that you have the same knowledge as a Mortgage Broker, Lender or Attorney and that you can explain the documents. This is simply not true. When a Notary goes to a loan signing, some Notaries do not explain any terms or documents while some do. In my opinion you should catch a Notary in the act explaining a legal term and then bust them. But, merely by facilitating the signing a loan in an Attorney state, a Notary can get busted.

States where Notaries are not supposed to facilitate the signing of loans include Georgia, South Carolina, Massachusetts and perhaps others. This information could be outdated and the interpretation of the rules is far beyond my capacity. However, many Notaries in all of these states advertise on 123notary claiming that they do signings. However, I have heard that they typically don’t do signings for properties that are in their state, but only for out of state properties. I have heard that this is still illegal, but I guess people are not getting caught. My word of advice is to consult an Attorney before doing something that could get you in trouble.

Notary unauthorized practice of law
As a general rule, drafting a legal document, giving legal advice, giving advice about a court case, giving advice about how to draft a legal document, or helping to interpret a legal document might be construed as unauthorized practice of law. However, I am not an Attorney and cannot say with any certainty or authority what constitutes UPL in any state. I am just relaying to you what I have read over the years. Additionally, explaining the terms of a loan or what certain mortgage terms mean might be considered UPL as well – once again, I am not sure, but you can ask an Attorney if you really want a definitive answer.

Choosing the Notary Act
As a Notary Public, it is the choice of the client or signer which type of Notary act they want. The Notary has the right to explain the various Notary acts to them and the rules that apply, but the Notary cannot choose for them. Under many circumstances there might only be one particular Notary act that the Notary would legally be able to perform. In such a case, the Notary should explain the circumstances, how to change the circumstances and ask if the signer wants to proceed as is.

It is common for Notaries while administering Jurats to automatically perform an Affirmation because they are afraid to offend people by administering an Oath. First of all the Notary is required to give the signer a choice as to which Notary act they want to have performed. Second, many people might be offended by Affirmations more than by Oaths. However, I can state with definitiveness that dogs prefer Affirmations.

Drawing in a Signature Line
It used to be common in loan signings for a document to have no signature line, yet have an instruction that it must be notarized. You cannot notarize a document without a signature, and how can you sign without a signature line? If the borrower draws in the line, that is their business, but if the Notary does it, are they practicing law?

Oregon Standards
I have heard that in Oregon, a Notary may not cross anything out on a Notary certificate, nor may they attach a new Notary certificate. But actions would be considered practicing law there as far a I know in my layperson capacity.

Summary
Unauthorized Practice of Law is a crime and is a very wishy-washy state-specific convoluted subject. Please ask an Attorney for a professional opinion on this subject if you are at all concerned.

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You might also like:

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

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

Notary loses $4000 in legal fees because fraud adds name to notary certificate.
http://blog.123notary.com/?p=19477

5 books every notary should own and read
http://blog.123notary.com/?p=3668

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