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August 28, 2016

July 13, 2016

Are you a Yes-tary or No-tary?

It was a month or so ago. I was asking Notaries Notary questions about what you can and cannot do. Unfortunately, Notaries often don’t take Notary rules seriously or have just never been adequately trained. The “more, but not less rule” is no good unless you understand which direction the rule runs. The ID can have more than the document, but 40% of Notaries think that it is okay if the name to be notarized on the document has more meat on it than the name on the identification. Good God! My point here, is that the whole point of having a Notary is to verify people’s identity who signed documents. The Notary profession helps to deter and prevent fraud as a result. But, if Notaries do whatever, and don’t follow state rules, then the purpose of having a Notary is defeated or undermined.

To put it shortly, the entire point of a Notary is to say No. If you feel uncomfortable or awkward saying No, then you should not become a Notary. In many Middle-Eastern and Asian cultures it is considered bad manners to say no, so they say, maybe, or later, or perhaps next time, or make up some excuse for not saying yes. Since they can’t outright say no, they beat around the bush. But, as a Notary, you might be facilitating fraud by not saying no. So, get used to saying no. Stand in front of the mirror and say, “No…. NO…. NO!!!!” Do it the way Joey from Friends practices saying, “How you doin’?” in front of the mirror dozens of times mastering his facial expression and verbal inflections. Take pride in saying no. However, for those Notaries that don’t like saying no, worry not! There is a solution. Become a Yes-tary.

But, what do Yes-taries do? Yestaries say yes to illegal requests. Unfortunately they cannot be commissioned and don’t have a stamp. But, maybe they should have an unofficial Yestary Public stamp just to make their job more comedically offiicial. What would be the duties of a Yestary? If someone wants to be Notarized as Mickey Mouse but lacks sufficient ID, you say, YES. If someone claims to be Kim Jong Un and looks Korean enough to you, say yes and stamp his document. If a Taiwanese client wants you to stamp a loose piece of paper because their government requires such a Yestary act, you can do it as a Yestary, but not as a Notary. Because a Notary’s job is to say No!

But, what if they won’t pay your travel fee if you say no? It is actually illegal in many states for a Notary to notarize a document in which they have a beneficial or financial interest. I feel that if the Notary will not get paid a travel fee if they refuse to notarize, then they now do have a beneficial interest of a sort and would be willing to break the law so they would get paid. Get your travel fee up front before you see the signers or the documents or the identifications. That way if a signer isn’t there, or if the name on the ID is not matching, or some other problem, you can forfeit your Notary fee, but still get paid for your trip. Remember, your job is not to please the client, but to uphold the law even if that means hurting someone’s feelings by saying no. Hurting someone’s feelings is better than going to court as a result of facilitating fraud or having your commission revoked!

One last note, it has been reported that some Yestaries have gotten a rare intestinal disease from saying yes too much to illegal requests. Some call it an illness, I call it karmic retrobution. The disease is called “yesentery” and comes from ingesting unclean Notary requests. If you get this disease, just consult your doctor and take some prescribed antibiotics. Good luck!

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Seven error free ways to identify a signer
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ID: a growing problem
http://blog.123notary.com/?p=15074

Credible witnesses: The process explained
http://blog.123notary.com/?p=16695

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July 5, 2016

Credible Witnesses — The Process Explained

What is the process for using credible witnesses? First of all, not all states allow the use of credible witnesses.

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

One Witness or Two?
Some states will allow the use of one credible witness that knows the Notary and also knows the signer. Other states require the use of two credible witnesses. You need to know your state law to know what your state allows.

Knowing the Signer
The next question is, how well does a credible witness need to know a signer in order to swear under Oath that they know that person as a particular name? Most credible witnesses know the person as Joe, and have no clue what the last name is. They are swearing under Oath to something they were verbally told at the time of the notarization and they don’t really know Joe that well. In my opinion, credible witnesses should not be legal unless there is more scrutinizing to see how well they know the signer and how they learned the signer’s name before they were told at the signing what the Notary wants the signer’s name to be. Perhaps the Notary should ask the witness what the signer’s name is rather than telling them.

Journal Requirements
Credible witnesses must SIGN the notary journal, but NOT in the signature section. They must sign in the notes section. The Signer signs the journal in the signature section — get that straight! The Notary should write down the name, address, and driver license number of the credible witness as well.

Oaths
Finally, the Notary must administer an Oath to the credible witness(es) asking them to swear that the name of the signer is John Q Doe, etc.

Summary
The idea of having credible witnesses is the best thing that ever happened to the Notary profession. Using credible witnesses you can legally notarize a signer as Mickey Mouse or Ronald Reagan — and all without any form of identification. We recommend you take journal thumbprints of the signer for proof that the signer really is who they say they are just in case fraud is suspected. Most states do not require journal thumbprints, but take them anyway because you will get investigated one day — and perhaps by an investigator named Mickey Mouse.

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Where do credible witnesses sign the notary journal book?
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Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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March 24, 2016

Two guys with the same name; One cashed the other guy’s check!

Filed under: Drama & Tragedy — Tags: , , — admin @ 6:25 am

Imagine your worst nightmare. Someone else with your same name. But, it’s not identity fraud if the person really is you, or at least shares your name. We had a Notary in Alabama and another Notary in Indiana who had this exact situation. I am not sure if their middle initial or middle name is the same, but the first and last were. They were both on the same database for several signing companies. The problem was that the guy in Alabama did a bunch of jobs for several signing companies, and then the guy in Indiana got paid for those jobs — and deposited the checks.

I actually personally know both of these people and remember a conversation I had with one of them three years ago. He thought his bill was too high and kept saying, Jeremy…. Jeremy…. Jeremy…. Jeremy… with this amazing tonality. He got removed from his high position because it was too much trouble to bill him. Now he has a free listing at the bottom of the list. He might not get that many jobs down there, but if he can get paid for the other guy’s jobs in Alabama, I guess it all works out just fine — for the mean time!

In any case, let this be a lesson to be learned. If you have children, and you have one of those standard type names like Jack Smith, or David Rutherford, consider a name change. Either change your last name, or name your children something that nobody else would name their kids such as Bullwinkle, Shakazulu, or Pleiades! Think in the future, and pick a name that is out of this world, or at least out of this constellation!

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Two notaries assigned the same job?
http://blog.123notary.com/?p=1060

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March 15, 2016

Do you know how to sign Applications? Is it even legal?

In the old days, Notaries did a lot of Refinance signings. Then after the financial crisis of 2008, there were many changes in the Notary world. There was less work at first, and then new types of work sprouted up in the ashes of the lending crash. The new types of work for Notaries included:

Types of financial products
Purchases, Sales, Construction Loans, Annuities, Structured Settlements, Loan Modifications, Debt Consolidations, Reverse Mortgages, and also Applications. Additionally, there have been more VA, FHA, Jumbo, Conventional, Non-Conventional and other types of financial products.

Ignorance can cost you
The problem is that not all Notaries are familiar with all of these financial products, and ignorance can really cost you. The first problem with inexperience is that you might not know how to price particular Notary jobs. If you are doing signings for the elderly, that can take a lot longer. Reverse Mortgages are normally for older folks and it can take up to two or three hours to get in and out. FHA’s involve much longer packages than good old fashioned Refinances. Then there are loan products that I never saw such as Annuities, Structured Settlements, etc.

Loan Modifications
Loan Modifications were a source of legal concern as many of these packages involved suspected fraud. Many states required Attorneys to be present at the signing of Modifications as well. Perhaps the borrowers were getting scammed, but many Notaires were paid on time by Modification companies.

Construction Loans
I remember signing a few construction loans back in the day. There were more packages, but the signer was a saavy business person who had signed these types of packages many times before. He signed so fast I couldn’t believe it. We were done in twenty minutes! Then, there was a signing for a literary type which was a deconstruction loan — just kidding. In Vegas they have demolition loans — anyone seen one of those?

Applications
I cannot comment on whether a Notary can legally assist with applications. That is up to you to research, but many Notaries get large amounts of work in this department and it is good business sense to know how to get this type of package signed!

Your Notes Section
At 123notary, we recommend that you impress the world by telling them not only how many signings you have done, but what types of signings. The longer your list of types of financial products you know how to handle is, the more you will get paid.

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Augmenting your skill set to make more money as an NSA!
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January 1, 2016

Notary aptitude test

Have you ever had your aptitude tested as a Notary? Other than the various certification tests? Well, maybe it’s about time that you did! But, what types of questions would be asked? Maybe it would be like the NSAT. The Notary SAT’s.

(1) Stamp is to Fraud as Pen is to:
(a) omission (b) signature (c) backdating (d) ink

(2) Name on document is to Name on ID as Name on signature is to:
(a) Name on AKA statement (b) Name on occupancy statement (c) Fees on the HUD (d) Name on Notary Seal

(3) Date of Rescision is to Signature Date as New Year’s Eve is to:
(a) A really bad hangover (b) A party that was “rescinded” early (c) Midnight of the 4th (d) The 3rd (e) Confession where the borrower says, “Forgive me Father, for I have rescinded.”

(4) The Signature date is to the Rescission Date what Backdating is to:
(a) The Document Date (b) The Transaction Date (c) the day before the Signature Date (d) The eDocument Date

(5) Notary is to Signing Agent what Mortgage Broker is to:
(a) Escrow Agent (b) Title Agent (c) Settlement Agent (d) A really good Mortgage Broker who actually knows what he/she is doing

(6) A Notary who doesn’t cross out the he/she/they is to Mortgage Broker as a Mortgage broker who:
(a) Is always late (b) Rips off his borrowers (c) Doesn’t explain the terms of the loan or why the APR is so high to the borrowers (d) Multitasks as an Escrow agent.

Hope you enjoyed this little test. It was fun to write.

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You know you’re a notary when
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30 point quiz: Jeopardy
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How good is your technical knowledge, should you learn more?
http://blog.123notary.com/?p=16683

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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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August 26, 2015

Do you use a Notary embosser?

Filed under: Technical & Legal — Tags: , , — admin @ 11:07 am

I read a discussion on Linked In about using an embosser for Notary work. I realize that I used to write about this a lot long time ago. Perhaps it has been since 2010 or 2011 since I have written about using an embosser. Here is what you need to know.

(1) Each state has its own rules about using seals and embossers. Some states don’t even require using a Notary Seal. I personally feel that it is not professional for a notary not to use a Seal and a Journal for all transactions regardless of what their state’s standards are. I have not heard of a state prohibiting the use of seals and or journals, although many make it optional. If you need to query a critical record for a Deed for a million dollar property, that will be impossible if you don’t keep a sequential journal!

Some states allow the use of a secondary non-inked embosser. Ask your state notary division if your state allows this. California allowed the use of an inked seal, and supplemental use of a non-inked embosser when I was a California Notary Public. As a general rule, if you are allowed to use an embosser as a primary seal, it must be inked. However, I recommend using it as a secondary seal because it doesn’t fit in small places, the text is round and hence harder to read, etc.

(2) Embossers help to deter fraud.
The correct use of an embosser as a secondary notary seal is to emboss each page of every document you notarize. That way frauds will think twice about switching pages after the fact which is a common crime.

(3) Embossers help to identify fraud
If someone is stupid and decides to commit fraud by Xeroxing a notarized document, the embosser’s three dimensional raised impression will not show up in the photocopy. Additionally, if a page is swapped, you can easily identify that page by its lack of an embossed impression

(4) Embossers don’t deter fraud unless you use them on every page of every document you notarize. If you get an embosser later in your career, make a notation in your journal of the date when you started using it, and keep notes in subsequent journals of when you started using it. The notes go in the COVER of the journal where you can’t miss it. That way, if any of your notarizations are investigated, you will have easy to query records of when you were using an embosser and when you weren’t. And remember, if you only use it on some documents, if a fraud is committed, you won’t remember if you used your embosser or not, so use it on every document and on all pages, no matter how many pages.

(5) Some people like to put the embosser through all the pages of a document all at once at a particular part of the document. This technique would make it obvious if someone used a forged embosser after the fact. The location and nature of the impression of the embosser would be different and lighter on each page that it went through. I didn’t use this technique because the impression would not be legible if it went through more than several pages. I did each page separately. Some notaries even put the embosser at the edge of the paperwork so only half of the embosser’s seal goes through the paper and the other half goes through air.

(6) The NNA and other notary supply companies can help you purchase an embosser. They cost around $30 when I was a Notary. They might be more now. You might need a letter of authorization from your state notary division to purchase one. Good luck!

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All mortgage fraud is investigated by the FBI
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My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Do a half fast embossing
http://blog.123notary.com/?p=19981

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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!

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2014 excerpts from great notes sections
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Sending loose certificates is illegal
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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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April 22, 2015

Point (28-30) Beneficial Interest; Negligence; E&O;

Filed under: (2) Technical and Legal — Tags: — admin @ 10:53 pm

Marcy had to go back to the hospital to notarize Esmerelda, the old lady who could barely talk. Her family assured Marcy that it would be okay this time. Marcy wanted her travel fee in cash at the door. She explained that if the signer was not fit to be notarized, she would legally have to decline notarization, but didn’t want to have any issue getting her travel fee should she decline. A month back, she drove an hour to a jail, waited for another hour only to be told that the inmate had been moved. The client who met her there didn’t want to pay a travel fee because Marcy “didn’t do anything.” Additionally, Marcy would have a beneficial interest in getting the document signed if she didn’t collect her travel fee at the door. She would want it to be signed so she could collect her $30. In any case, they paid Marcy her travel fee. Esmerelda was able to communicate and actually did understand the document. She summarized it. Marcy was able to do the Signature by X procedure and get her notarized that evening.

An hour after the hospital notarization, Marcy had a loan signing. At the signing, the borrower asked about the pre-payment penalty. Marcy found it in a snap since she had been studying what information is in what document (like all good Notaries should.) But, Marcy started to read the pre-payment penalty to the borrower and even explain what the terms of that part of the agreement meant. Marcy had overstepped her bounds. She knew she couldn’t give legal advice, but she wasn’t aware that explaining a prepayment penalty could be construed as legal advice. Luckily for Marcy, the Lender gave her a quick lecture on not giving legal advice, and Marcy was very careful from that moment onwards.

After Marcy’s two jobs, she came home only to find Patricia waiting for her on the front porch. Patricia had something urgent to tell her. One of Patricia’s other friends who was a Notary was getting sued, and her E&O insurance wouldn’t help. Marcy asked why. Patricia said that the error was not a Notary error, and that E&O only insures you against Notary errors or omissions. It was the Lender who made an error, and the borrower was suing everyone in sight. Even the Notary who had nothing to do with it. It would have cost this Notary $30,000 in legal fees to defend herself from this angry borrower. Then Patricia told Marcy what a Hold Harmless Agreement is. The Lender has their documents, but if you make the borrower sign a Hold Harmless, that can prevent them from suing the Notary as they agree not to hold the Notary responsible should anything go wrong with their loan. Patricia was a great source of knowledge tonight. So, Marcy consulted an Attorney and got a quick Hold Harmless Agreement written out, and she kept a stack of them in her car so she would be sure to have one for every loan signing form that day forward. She didn’t want to end up like that other Notary! Good God!

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Point (28) Beneficial Interest
It is illegal to notarize a document that you have a Beneficial Interest in. But, what constitutes Beneficial Interest? If you or a close family member is named in the document as someone who will receive money, or privileges, then you could be said to have Beneficial Interest. If you would gain in any way from the document being signed, you have Beneficial Interest.

One interesting twist on this concept is that Notaries who get a travel fee don’t always collect the fee in advance. If you are in front of the signer who doesn’t have proper ID, and they ask you to notarize them anyway or you won’t get your travel fee, then you have Beneficial Interest. You won’t get your $35 if you don’t comply with their illegal requests. As a Notary, you are expected to uphold the law, and if your travel fee rests on you bending the law for someone, you are not only encouraging yourself to do something questionable, but you have Beneficial Interest in the document being signed which is purely illegal.

Financial Interest means that you will benefit financially from a document being signed, while Beneficial Interest means that you will benefit in one way or the other — perhaps financially, or perhaps in some other way.

Point (29) Negligence
What constitutes Notary negligence?

Failure to administer an Oath
Failure to take a thumbprint in your journal for a deed or Power of Attorney
Failure to identify the signers
Failure to inspect signatures
Failure to make sure signer signs in front of you for a Jurat
Failure to completely fill out a journal entry

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Point (30) E&O insurance

Many companies want to hire Notaries with E&O insurance. It makes the Notary look more professional and covered. In real life, it protects you only from honest mistakes on notarizations. Most of what you are doing involves overseeing large business deals that get sent back to the lender via courier. Most of the problems you could encounter might include signing the wrong way (even though it might be notarized correctly), getting documents back late, a missing bank check, cross-outs, no-shows, or other mistakes. Notary errors on notarized documents might account only for 25% of the problems that occur in signings that could lead to damages.

If the Lender makes a mistake that causes the borrower damages, you could get sued, and E&O will not cover you since YOU were not the one who made a mistake AND because it is not a Notary mistake. One of our Notaries dropped out because she got sued for more than $100,000, because of some fraud that the Lender was accused of committing. The borrower was so angry that they want to sue everyone in sight regardless of fault. Unbelievable!

Additionally, in 2013 Notaries who had enormous E&O packages were being sued on a regular basis. You are like a guy in a Mercedes driving around a slum. You have the word “Target” written on your forehead and taped to your back. Sooner or later you will get mugged. Think like a Ninja. You don’t get mugged — you mug THEM!

My advice is to think carefully before investing in a handsome E&O package. If it will land you a good account with Chicago Title, then do it. Otherwise, it might make sense to have a smaller E&O premium and have all of your borrowers, Lenders and signing companies sign a HOLD HARMLESS agreement. The agreement should be drafted by an Attorney and could state that if there are any damages by negligence or omissions by the Notary, that you (the Borrower or Signer) will not hold the Notary responsible.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

The 30 Point Course Final Quiz – Jeopardy!
http://blog.123notary.com/?p=14557

Posts about E&O Insurance
http://blog.123notary.com/?tag=eo-insurance

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

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