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August 24, 2017

Letter to Donald Trump about the sad condition of American Notaries

Filed under: General Articles — admin @ 12:56 am

Dear Donald Trump,
I run a nationwide Notary Public directory called 123notary.com and have some sad commentary about the general state of affiairs in the Notary industry. The most pressing is the dismal quality of the knowledge of general Notaries about their rights and responsibilities as well as the poor level of screening that the state notary divisions engage in.

Since you have entered office, my personality has changed. According to feng-shui principles the members of an organization tend to take after the leader of the organization in some subtle or not so subtle ways. Since April, I have been preverbially draining the swamp of “fake notaries.” Some people with absolutely no Notary knowledge whatsoever are commissioned by states run by idiots who will commission anyone — sad! What the states don’t realize is that bad Notaries are a danger to society by empowering and facilitating identity thieves. An improper notarization or improper bookkeeping at a notarization done by a shoddy Notary can make it easy for an identity thief to drain a person’s equity from their property, steal their property, or defraud people in other ways.

In a nutshell, the real problem is that the states do not screen their applicants, do not educate applicants in all aspects of Notary education and do not have sensible testing either. California’s screening is far better than any other state, but still falls short of the mark as our local California Notaries do not always know how to explain notary acts, keep proper records, or which acts are legal versus illegal to do.

My solution is to suggest some Federal guidelines with Federal enforcement. Since the states don’t enforce proper notary procedure with the exception of California who audits journals (but, not anything else), it is necessary for the Feds to step in and add another thin, but intelligent layer of regulation to the industry. Here are my ideas.

1. Standardized Notary Education and Enforcement.
Many states have differing Notary Acts, and that is not a bad thing. However, if there would be a core of universal Notary Acts used in all states, territories, and military bases, that would make education and enforcement easier on a national level. The most critical elements to teach would include:

(a) Proper identification of signers
(b) Proper journal record keeping
(c) Oath giving (Notaries are required to do this but more often then not don’t know how or don’t bother)
(d) General understanding of Notary law, acts and procedures.

2. Reduction in the quantity of Notaries, with an increase in quality.
Judging the quality of Notaries might be hard for you to do, but I do it daily and have the art refined in certain ways. I will vouch for what I condsider the characteristics of a good Notary verses a bad one.

(a) An IQ of 100-120.
Being a Notary requires a certain amount of intelligence as a rudimentary knowledge of law, and applying the laws relating to Notary Public are required to perform the duties of Notary Public and faithfully discharge your duties lawfully while accepting lawful requests and declining illegal requests. Most Notaries do not correctly distinguish between what they are allowed to do and what is illegal and prefer to rely on what they feel comfortable with which is neither here nor there. Those unlawful Notaries need to be weeded out. Notaries that are too smart tend to leave the industry early and are not a detriment, but will not be likely to stick around.

(b) Attorney Notaries are not generally good Notaries.
Many states like the idea of having Attorneys do certain Notary functions such as loan signings. In my experience, Attorneys are over-priced, the least likely to be available, and also are the bottom of the bottom of the barrel in the legal world and are so incompetent that their average stupidity exceeds that of our average non-Attorney Notaries. I am not against Attorney Notaries providing they can pass a tough Notary test to prove their basic knowledge. Attorneys should also be declined any special privileges in the Notary world. In New York, I heard an Attorney can become a notary without a test at all which I feel is a mistake.

(c) A clerical background is desireable.
If someone has a background doing clerical work in a capacity which requires being picky and attentive to detail, that would be a good background for being a Notary Public. Notaries fill out certificates and journals and being nit-picky and anal precedes you as a good Notary. On the other hand a clerical background filled with clerical errors that have gone unnoticed for years would be a disaster.

(d) Being meticulous and having integrity.
Those who dot their i’s and cross their t’s are the types I would like to see as Notaries. Those who are ethical and care about safeguarding society are also idea. Having a generally good attitude matters too.

(e) Willingness to study and learn.
My biggest complaint about Notaires Public is that so few of them read their state’s Notary Handbook. If you aren’t willing to read your state’s laws and Notary rules, how on earth can you possibly enforce them?

3. Regular auditing of Notaries
Notaries need to know someone is watching them as few uphold the law. If Notaries are audited by a mystery person who appears to be a client, that client can ask them to do something seemingly illegal to trick them into incriminating themselves. This is the only reliable way to catch large quantities of bad Notaries. Having Notaries come to the county clerk for a pop quiz once a year is another highly recommended idea. The quiz should be hands on Notary work in addition to multiple choice questions. To audit all Notaries twice a year requires there to be less Notaries to audit.

4. Higher pay for Notaries
To attract good Notaries, there needs to be a good minimum wage for Notaries. I suggest $40 per appointment minimum on the East and West coasts and $30 in the interior states. Additionally, many Notaries travel and states should have minimum travel fees of $40 for appointments that are 30-60 minutes away plus waiting time. Travel fees should be paid in cash at the door or by paypal to eliminate what I call “Beneficial Interest” which is a term that depicts a person who is named in a document who stands to benefit from the document being signed in financial ways or by gaining privileges. By being a Notary whose travel fee is contingent on a document being signed, the Notary will be swayed to accept non-matching identification or comply with illegal requests so they will get their measely travel fee so they can pay their rent. Notaries who are poor are likely to bend the rules to ensure they get paid. Having travel fees paid up front as a matter of law will safeguard the public from Notaries having any semblence of beneficial or financial interest in a document or set of documents being signed.

5. Universal Notary Acts
Most states have Acknowledgments, Jurats, Oaths, Affirmations, and perhaps a few other acts such as Copy Certificaiton Safety Box Opening, Attestations, Witnessing, etc. The problem is that the rules for these acts are not always consistent across state lines which causes a lot of confusion especially to those of us who run nationwide Notary directories. I suggest these as universal acts.

WITNESSING
Some Notary acts require rigid identification rules. It would be nice for those who don’t have identification or don’t have identification with the correct name variation on it to be able to get notarized on informal documents in any case. Having a witness notarization with optional identification would be convenient without being a risk for identity fraud since the documents being witnesses would not concern large sums of money by definition.

A signer could:

(a) sign in the presence of the Notary in a witness notarization.
(b) Identification could be a choice of a thumbprint, an ID with a non-matching name, or an ID with a matching name.
(c) The description of the ID should ideally be documented on the Notary certificate for this act as well as the Official Journal of Notarial acts.

Some states already have an official notarial witnessing act. But, having universal and flexible standards would be wonderful.

ACKNOWLEDGMENTS
Formal documents such as Deeds, Powers of Attorney and contracts normally use an Acknowledgment. Acknowledgments in most states require:

(a) The signer to be identified by the Notary using state approved types of ID cards such as passports, drivers licenses, etc.
(b) The signer has to acknowledge having signed the document in the physical presence of the Notary in a non-verbal way by presenting the document to the Notary with the request for it to be notarized.
(c) California requires the signer to be named in the document
(d) There is an Acknowledgment certificate which must be embedded in the document in question or added as a loose piece of paper and then stapled to the subject document.

The first issue with Acknowledgements on a national level is that there are six states which specifically require an Acknowledged signature to be signed in the presence of the Notary Public while the act intrinsically does not require this. The second issue is that Notaries in states that do NOT require the Acknowledged signature to be signed in the presence of the Notary typically require the document to be signed in their presence because they feel uncomfortable with the alternative. Notaries let their petty comfort related concerns supercede the law which is a problem that needs to be dealt with and enforced. This constitutes the denial of a legal request which by definition is not legal as Notaries Public must provide the public with Notary work for all legal requests unless (in particular states) there is some legitimate reason why the Notary feels that it would not be safe to notarize the person. Standardizing the rules of Acknowledgments makes a lot of senses as that single act constitutes 80% of Notary work nationwide. For those signatures that must be signed in the presence of a Notary, there are other acts such as Jurats and Witness notarizations that require that.

JURATS
Jurats are notarial acts where the signers must sign in the presence of the Notary Public and swear under Oath to the document in some way shape or form. Whether they swear to the truthfulness of the document, or whether or not they signed the document using their own free will, or whether they agree to the terms of the document could all reasonably be sworn to. Most Notaries omit the Oath or give an Oath which makes no sense under the circumstances which is unacceptable.

OATHS & AFFIRMATIONS
Most if not all states have these acts. However, some states (such as Florida) require a certificate for an Oath. If a certificate is to be required, it should indicate the nature of the Oath. Florida’s documentation of Oaths does not require any indication of what the Oath was about. There is no point in keeping paperwork if the paperwork has no pertinent information on it. As a former Notary, I will vouch for the importance of issuing certificates as it is a record for the customer to keep of what happend. The more critical information the merrier (without going overboard.) Notaries need to be taught how to administer good and relevant Oaths and Affirmations as 90% do not know the difference. Oaths use the word swear and normally mention God while Affirmations use the word Affirm or state and leave God out of it which is something that ultra-religious and athiests both agree upon.

6. Thumbprinting
Journal thumbprints are a matter of contention. California is the only state to require it for Deeds affecting real property and Powers of Attorney. Several of the Notaries listed with us were able to provide critical pieces of information to the FBI which helped nail identity thieves, ponzi schemers and other fraudulent menaces to society. Many companies and individuals object to being thumbprinted which creates pressure for the Notary to not thumbprint unless required to by law. Therefor, the only way to safeguard the equity in your real property from being syphened by identity thieves is to require journal thumbprints nationwide.

Since journals are NOT required in all states, it would be necessary to require journals in order to require journal thumbprinting. I recommend a thumbprint requirement for all notarizations of Deeds, Living Trusts, Powers of Attorney, Subordination Agreements, or notarizations where the identification did not completely match the signature on the document.

7. Proper Journal Entries
Most Notaries who I deal with keep a journal, but do not keep it correctly according to what I consider best practices to be. It is common for Notaries to enter multiple documents on a single journal entry which is signed once by the customer / signer. This is a bad practice because it would be possible for the Notary or someone else to add extra document names to the journal entry AFTER the signing was over which would constitute fraud. It would also be possible for someone to accuse the Notary of fraud when he/she did not engage in fraud with such shoddy bookkeeping practices. Therefor, it should be necessary by law to have one journal entry per signer per documents which would be six entries if you had two signers each signing three notarized documents at a particular appointment. The primary purpose of a journal is not to please the state where the notary is commissioned. The primary purpose is to please judges and investigators who use the journal as perhaps the primary or only piece of evidence in an identity fraud court case or investigation. The journal is the only evidence a Notary Public has of what Notary work they have done, so it behooves society to ensure that journals are filled out prudently, completely and correctly.

.

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Letter to California Notary Division
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August 8, 2017

What is someone signs in the wrong line in my Notary book?

Filed under: Technical & Legal — admin @ 9:57 am

We recently got a bunch of questions from newer Notaries about journals which were interesting. Here are the questions and my commentary.

1. What if someone signs in the wrong line in my Notary book?
If someone signs in the wrong line in your Notary journal, this poses a problem. If they signed above the journal entry in someone else’s entry, if it covers the other signature, that is a problem. Just cross out the wrong signature without defacing the signature that belongs there. On the other hand, if someone signs below in a blank journal entry, just cross the entire line of journal entry out and have them sign in the correct place. If you are doing a husband and wife notarization and you fill out your journal for all of the loan documents for each signer — and the husband signs where the wife is supposed to sign (but hasn’t yet) just cross out the entire entry, make a note of what happened in the journal and make a new entry for the one that got botched.

It is better to watch signers and use your finger to point to where they are supposed to sign as they will likely sign in the wrong place.

2. What if someone forgets to sign my Notary Journal?
If you are doing a notarization, you need to fill out your Notary journal BEFORE you stamp anything. Yes, you can fill out the Acknowledgment and Jurat forms before the notarization or before the person signs or swears under Oath. But, you cannot complete the notarization by signing your signature to the certificate or stamping until the person has signed your journal and the corresponding document.

If you make a mistake and forget to have someone sign your journal — call them up and go back. Get them to sign after the fact. That is better than not getting a signature at all. Tell them that their notarization could get “nullified” or not recognized if there is no signature in your book. In real life, a Notarization can only be “disqualified” after the fact if there is a formal investigation by an Attorney, investigator, Secretary of State, etc., who determines that the Notarization was done fraudulently or incompletely. So, you can scare them with this information and they will most likely be willing to sign your journal. However, don’t scare them unless they refuse to cooperate just to be polite!

3. What if I am signing two documents for two signers — how many journal entries?
Two documents that two signers will sign both of? That’s easy. That is two entries per person = FOUR journal entries. Just prepare all four journal entries with the name of each document and signer, plus all other pertinent and required information in each journal entry. Each person’s name will appear in two entries — one for each document.

Jan 1, 10am John Doe Ack Power of Attorney Address CA Dr. Lic 5553334 Exp.10-01-21 Fee… Signature Thumbprint
Jan 1, 10am John Doe Jurat Affidavit Ditto Ditto Fee… Signature. Thumbprint
Jan 1, 10am Sally Doe Ack Power of Attorney Address CA Dr. lic 1234566 Exp. 10-09-19 Fee. Signature. Thumbprint
Jan 1, 10am Sally Doe Jurat Affidavit Ditto Ditto Fee Signature … Thumbprint

You can NOT say ditto for the other signatures. Signatures must be signed. If your state law requires thumbprints on Powers of Attorney or Deeds, then do so for all entries for a Power of Attorney documents and Deeds. There is no penalty for always taking a thumbprint as it is prudent.

There is MORE… to be indicated in the journal entry than I indicated. Document Date, Notes about the signing that might help jog your memory after the fact.

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August 3, 2017

Black Notaries vs. White Notaries: The Notary Manual

Filed under: Best Humorous Posts,Humorous Posts,Popular on Facebook (very),Popular on Linked In,Popular on Twitter,Popular Overall — Tags: , — admin @ 9:55 am

Black Notaries vs. White Notaries: The Notary Manual

TEACHER: Hello class. We are gathered here today to talk about Notary terms, and the state Notary manual. But, first I would like to ask what the manual means to you.

SHELLY: I see a short book designed to teach the Notaries of tomorrow the rules of the road in order to safeguard the integrity of notarized transactions which protects society at large in a broader sense.

TEACHER: Very good Shelly! And very wonky.

KIM JONG “AKA Korean mom”: It’s so very difficult to understand. Half the terms don’t show up in my English-Korean dictionary. What a pain! I have to use my English dictionary and then translate the words in the definition into Korean to figure it out. How will I pass my test? I tried to use that as an excuse to get out of jury duty but they chose me anyway until they found out I didn’t understand any of the legal terms they used! Like “If it doesn’t fit, you must acquit.”

TEACHER: Okay, just let me know if there are any terms that I can explain to you. I may not understand Korean, but I can break the complicated terms down in an understandable way.

SHALONDA: I see three things. (1) I see a technical manual that teaches the state & civil laws affecting Notaries public, and more that could help Notaries deter fraud, keep transactions official, and keep paperwork straight. (2) A book that teaches the how-to of doing daily Notary work and (3) A book full of new names for black people to name their kids — you know what I’m saying?

TEACHER: Well, I hadn’t thought about it like that before.

SHALONDA: Oh yeah. I named my kids after Notary terms several years ago. Jurat and Venue… that’s short for Venuetta.

SHELLY: Do you swear under Oath you named your kid Jurat?

SHALONDA: I most certainly do (raising her right hand). But, Jurat is more of a jokester. He doesn’t have a solemn bone in his body. The tread on his boots is shaped like a Notary seal, and he was playing outside after it was raining. It looked like we had impressions of notary seals all through the house. I told him to take his boots off after that.

SHELLY: All of this studying for the Notary exam is tiring. I heard that reading too much can be bad for your eyesight. No wonder Trump doesn’t need glasses.

KIM JONG: I know. That’s why my kid Myong is forbidden to study more than six hours a night. We are recommending dropping his study time from seven hours to five hours and forty-five minutes with the last forty-five minutes mostly study-oriented games, songs or something where he is not staring at a book or computer.

SHELLY: Well we were going to increase Tommy’s study time from forty minutes to an hour and twenty minutes after we found out how hard college is. But, we don’t want him to ruin his eyes, so we’ll compromise at seventy minutes a day.

KIM JONG: How will he possibly compete with those studying five hours a day?

SHELLY’s HUSBAND: She has a point. Tommy will never survive in college unless he studies more. What he does now will affect him for the rest of his life. And if he does poorly in school like my brother, then he might get stuck driving a garbage truck for the rest of his life. Or an Uber.

SHELLY: Or worse — he might have to become a Notary. What has four wheels and flies?

SHALONDA: Ooh! I know this one! A garbage truck.

KIM JONG: No, that’s the junior high version of the joke! The answer in this context is a Notary who is late to a signing because he would be driving so fast!

SHALONDA: Good point. Not funny point, but good. But, honestly, to be a Notary you need to study too. In some states you need to study at least 30 hours to pass the Notary test and then another 30 hours to be a good signing agent. This profession isn’t for jokes — that is if you want to succeed in it. And by the way, you should say what has four wheels and screeches, because when you round those corners, you’re gonna be screeching those tires, girl.

TEACHER: Well class, we do seem to be diverging now don’t we. Being a Notary is a very honorable and noble profession and not for those who lack character. No wonder Trump was never a Notary.

SHALONDA: But, it is for those who lack a high school diploma. There is no educational standard for this job other than passing a test. California, Louisiana and New York make the test hard. But, the other states will just hand out seals to any fool who applies. Like Presidential Seals. Where’s the nobility in that?

TEACHER: Good point. Well, in theory it is supposed to be noble.

SHELLY: Theory doesn’t cut it when a clueless Notary assists a fraud in stealing the Title to your house.

TEACHER: You’re right. Maybe having a longer course than our six hour course would help. Perhaps a background screening too not just for being a signing agent, but for being a Notary.

SHALONDA: In California, the FBI, DOJ, and KGB all check us, but in these other states there doesn’t seem to be a system of checks and balances.

KIM JONG: Perhaps, being a Notary should be regulated federally instead of by a bunch of irresponsible states who can’t keep anything straight. And that wasn’t a reference to the gay parts of California.

TEACHER: Well perhaps you’re right. In any case, let’s practice notarizing a Jurat.

SHALONDA: You’re going to notarize my daughter?

.



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May 10, 2017

Notary for a USA President Candidate

Filed under: Ken Edelstein,Popular on Facebook (some),Popular Overall — admin @ 8:40 am

The call comes in for an urgent notarization. We need to file some important paperwork within the next 2 hours; can you positively guarantee arrival within that timeframe? Knowing the 5 star hotel was only a mile away I replied “sure”. Oddly, for an “individual” request; the caller stressed that the notarization had to be “absolutely perfect” and withstand close scrutiny. I assure the caller that my work would stand up to any examination; and that I required “Govt. issued photo ID” and acceptance of the standard oath given by Notaries. “A by the book Notary is exactly what we require”; please be sure to be on time.

The caller had identified as an aide to the affiant, but assured me that the affiant had a driver license that was current. May I speak to the person signing, I asked. Sorry, no; however we will prepay on your web site your fee; and I can assure you there will be no problems. Moments later the familiar “ding” comes from my phone – the sound of a PayPal payment. Figuring “movie star”, I depart for that rather expensive hotel. Traffic was kind and I arrived within an hour.

Manhattan has many celebrities, and a tiny fraction of them have called upon my services. But I was unprepared for the scene upon my arrival. There were barricades around the hotel entrance and a large police presence. Not the usual police, these had the big guns and riot gear. Groan, how would I ever get into the hotel? I never suspected they were there to protect my client! I did not even know the client’s name – yet. The one thing I did have was the room number.

Stopped at the security perimeter, I was asked my business at the hotel. I explained that I was a Notary Public with an appointment to go to room xxx to notarize a document. Someone in plain clothes is called over by the uniformed officer. That person talks into a device, and a moment later I am cleared past the outer barrier. The polite person follows me into the lobby. “I will need to inspect your bag” – fine, it’s just notary supplies. A very detailed search is made. “To go to room xxx I will need to search your person”, “it will be a very complete search of your body, do I have your permission to search you?” – “do you have any weapons?” – I have no weapons, go ahead. I am taken to a small room off the lobby. The agent proceeds to very thoroughly search me, hat to shoes; making sure there is nothing anywhere on my person that is a weapon.

After the search I am escorted to the door of room xxx. Behind the door is a bank of computers and a full staff busy at work. I am taken to a desk and told to wait. A few minutes later the aide who initially called me hands me my fee (again) – this time in cash. I reply that my fee has already been paid. This is extra for the delays in granting your clearance. We also ask that you do not disclose to anyone who you will be notarizing or the nature of the document. I agree, and am asked to sign a non-disclosure document; I read it and sign it.

A few minutes later in walks a person wanting to become President of the United States. That person gives me a warm greeting and actually asks if I would like some coffee! I decline citing that it’s bad procedure to have liquids on the same table as documents. A warm smile and a chuckle – followed by “of course, that’s a good policy”. The notarization proceeds in a routine manner with ID, signing, oath and notarization (with embossing). Afterward, the aide hands me a paper cup of coffee and walks me out past the security screen. That’s all I can say.

.

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May 4, 2017

Where can I find a Spanish Speaking Notary?

Filed under: Public Interest — Tags: , , , , , , , — admin @ 10:52 pm

Where can I find a Notary who speaks Spanish?
Look no further. 123notary.com has many Spanish speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Spanish speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Spanish box and find only Spanish speaking Notary service providers.

How good is their Spanish language proficiency?
On 123notary.com, we have many Notaries who speak Spanish. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from Spanish speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your Spanish speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary Spanish — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Spanish?
Notaries may Notarize a document that is in Spanish, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Spanish?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Spanish language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Spanish and the Notary knows Spanish, you can conduct your Oath in Spanish.

How can I get a Spanish language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Spanish to assist you in this matter. Just visit our Advanced Search page and look up a Spanish Speaking Notary by zip code!

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March 21, 2017

When to refuse a notarization: a comprehensive guide

Filed under: Comprehensive Guides,Popular on Linked In,Technical & Legal — Tags: , — admin @ 9:38 pm

Most clients you have will have legal requests, but from time to time, there will be someone who wants you to bend the law, or someone who doesn’t understand proper protocol. Here is how to handle the difficult requests.

Situations where a signer is not appropriate to notarize
(1) If you cannot prove the signer’s identity with satisfactory evidence. Some states allow personal knowledge of the signer, so please study your state rules. Satisfactory evidence normally involves current, or near current driver’s licenses, passports, or other government issued ID. Each state has different variations on what is acceptable, so know your state rules!

(2) If the signer doesn’t appear before you.
This means that they should be a few feet from you and fully visible.

(3) If you cannot communicate directly with the signer.
This means that the signer needs to speak the same language that you speak. If you speak the signer’s language as a second language, but don’t know it well enough to understand all of the communication necessary to give instructions and answer questions regarding the notarization, then you should decline.

(4) If the signer refuses to swear under Oath if an Oath is required as part of the notarization.

(5) If the signer is being coerced to sign or pressured to sign.

(6) If the signer is drugged (perhaps in a nursing home or hospital,) confused, or disoriented. If they can’t answer basic questions about the document, they are not in a clear enough mental state to sign.

(7) If the journal entry requires a thumbprint by law and the signer refuses to furnish you with one.

(8) If the signer refuses to pay the Notary fee

(9) If the signer is so incapacitated that they cannot sign their own signature.

.

Situations where the document is not satisfactory

(1) If there are blanks, or omitted pages in the document.

(2) The document lacks a notary certificate and the signer refuses to tell you which type of notary act they need done.

(3) The document is a vital record, or a type of document that may not be notarized or be copy certified.

.

Situations where the Notary cannot notarize due to conflict of interest

(1) If the signer is your parent, spouse, child, or other close family member. It might be okay to notarize for cousins and more distant relatives although it is generally better to avoid notarizing anything important for a family member due to conflict of interest.

(2) If you are named as a beneficiary in a document or have any type of financial interest in the document being signed.

(3) If you are the signer of the document, you may not notarize your own signature (contradictory to popular belief.)

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I created this blog because of a discussion I had with a Notary who went to another Notary at a UPS store to get notarized. The Notary refuseed to notarize because the signer (also a Notary) refused to be thumbprinted. I had to look this up. California state law did not discuss the issue, but did say it was illegal for a Notary to refuse service. I researched what NNA had to say about this issue and they concured with California in an article about when to say no. In any case, I hope this article was helpful.

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The whole purpose of being a No-tary is to say No!
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Are you a Yes-tary or a No-tary?
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Just say no #3
http://blog.123notary.com/?p=376

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February 7, 2017

Notary Wording

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 12:32 am

Notary Wording Varies from State to State
There is no official American Notary wording. Notary verbiage differs from state to state, and varies based on what type of Notary act you are having done. There are various common types of notarizations such as Acknowledged signatures, Jurats, Oaths and Affirmations. The vast majority of notarizations are Acknowledgments whose wording states that the signer appeared before the Notary, was positively identified, and signed the document.

Notary Certificates — what type of wording is included.
Your typical Acknowledgment or Jurat Certificate will include several sections with wording.

1. Venue
The venue states the state and county where the notarization is taking place. Please note that the Notary is not always commissioned in the county where the notarization is taking place. So, if you are in Orange county, but the Notary is from San Diego, please make sure they put the venue county based on where the notarization is taking place, and not where they live.

2. Boiler Plate Wording
The main body of the text could be worded in an infinite variety of ways, but normally state the date of the signing, name of the signer, the name of the Notary, the fact that the signer appeared before the Notary, the fact that the signer signed the document, and if an Oath was included (Jurats by definition have Oaths) then the fact that the signer swore before the Notary. The verbiage “subscribed and sworn to before me this (date)” is commonly used in many states especially in New York where the cabbies enjoy the swearing part more than any other part of the Notarization.

3. The Signature Section
The bottom of the notary wording or notary verbiage has room for the Notary’s seal which might mean their signature or their official notary stamp. In most states the Notary signs and stamps, or might even emboss with a non-inked embosser as a secondary form of stamp.

Types of Acknowledgments
Normally, when people want to be Notarized, they ask the Notary if they can notarize a Jurat for them. In actuality, most Notarizations are for Acknowlegments. Normally people can use an All Purpose Acknowledgment, but in Ohio, there is such thing as a Corporate Acknowledgment and Attorney in Fact Acknowledgment.

Where Can You Find Your State’s Wording?
If you visit our find a notary page, you can click on your state and find current notary wording for your state. Or Google your states notary wording. Example: “California Acknowledgment Wording.”

Sample California Jurat Verbiage

State of California
County of Lake

Subscribed and sworn to (or affirmed) before me on this 5th day of January, 2017, by Jedadiah Goldminer, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Seal)

Signature_______________________

Loose Certificates
Many documents have preprinted notary wording on them. However, it is legal to attach a loose certificate form using a staple. NNA is a great source for Notary certificate pads such as Acknowledgment Certificates, Jurat Certificates, and even Copy Certification by Document Custodian if you want to get fancy.

Filling out the Forms
It is common on Notary certificate forms to have sections where there is he/she/they or signature(s). You have to cross out the non-applicable word(s). If you are Notarizing a woman, cross out the he and the they and the (s). If you are notarizing a man and a woman in the same notary act, cross out the he and the she, but keep the (s). If you are notarizing a man who used to be a women — your guess is as good as mine — good luck, you’ll need it.

You might also like:

Notary Boiler Plate Wording
http://blog.123notary.com/?p=2432

Notary Certificates, Notary Wording & Notary Verbiage
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We caught a bunch of frauds using Notary Verbiage
http://blog.123notary.com/?tag=notary-verbiage

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January 17, 2017

Notary vs. Signing Agent

Filed under: Popular on Linked In,Popular on Twitter,Technical & Legal — Tags: , — admin @ 12:21 am

We write about this topic every so often. It is so basic and so critical that all new Notaries should understand. Every year, hundreds of thousands of Americans become Notaries. As Notaries they can perform tasks such as Acknowledging signatures, performing Jurats, administering Oaths, and other tasks which might be state specific. Notaries can hold their heads up high as their function is to identify signers, keep good records (in most states at least) and deter or prevent fraud. But, that is only if they are doing their job correctly — and most states do not vet their Notaries well enough to know the difference.

What is a Notary?
(1) A Notary Public is a state appointed official that is authorized to perform particular Notary functions. All states allow Notaries to perform Acknowledgments, Jurats, and Oaths, while some states allow Notaries to act as an official witness, safety box opener, proof of execution, protests, take Depositions, and more.

(2) A Notary receives a formal certificate of commission from their state, and a commission number.

(3) Many states require a Notary to have an official notary seal that has the Notary’s name, commission number, expiration date, state andcounty.

(4) Many states require the Notary to keep a bound and sequential official journal of notarial acts.

To be short, a Notary can perform certain basic Notary functions that their state allows them to function. Their state offers them a formal certificate of commission, and normally allows them to get one or two official Notary seals with their name, commission number, expiration date, city and state, etc. Notaries use prescribed state specific wording for particular Notary acts and that wording can be used on loose certificates that they can purchase from businesses who sell Notary supplies. A Notary is a public official, although most Notaries don’t understand that on an emotional level. They are appointed by their state as an official who will uphold (or at least are supposed to) the laws of their state at all costs.

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December 27, 2016

The Care and Feeding of Mentors

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: — admin @ 11:01 pm

The Care and Feeding of Mentors
Jeremy published an excellent article on finding a Mentor – http://blog.123notary.com/?p=16793 OK, you followed the advice and found one willing to work with you. Now what? That is the essence of this post.
“I’m in a hurry, I don’t have much time in my schedule to devote to study or research; the bottom line is this: I want to know specifically, using my Notary License, exactly what you can do to make me rich”.

Believe it or not, that is essentially what several Mentor requesting notaries have asked me. A common theme is that they want the “fast path” to the Big Bucks. They perceive their Notary status as having the deed to a gold mine, if only they could find the exact location of their mine, to pick up the nuggets lying about for the taking. In a similar manner, when I go to the NY State Dept. offices (which administer Notary and Real Estate Broker license tests) I often hear the prospective Brokers discussing the “killing” they plan to make by selling the Empire State Building – “that commission alone will set me for life”.

There is nothing wrong with having high aspiration, but it’s real life that it also requires a large amount of perspiration to “get there”. Delusional can be defined as a false or mistaken belief or idea about something. I don’t use that word to be critical, but rather to stress the point. A Mentor devotes their time, and shares their skills and knowledge; generally without compensation. That is not always the case. I had a request to teach how to process some rather complex documents – it took a full “hands on” day; and I was paid accordingly. However, that is a rare exception.

Most requests for me to Mentor come via email and start with a liberal dose of flattery. OK, it makes sense to say something nice to someone you want to do you a favor. As covered in the above mentioned blog; I really don’t want to create competition “across the street”. So far, that has not been the case. It’s a heavy lift to train someone to be a Signing Agent from “scratch”. So I usually suggest they take a course on the subject and really learn the material. There are several sources for “basic training”. It’s just too time consuming to cover the Venue, ID requirements, Oath, and such. When I was learning to fly an airplane, initially I read about theory, and then flew simulation on my PC, graduating to renting a plane and an instructor. Getting in the plane with instructor and not knowing anything would be inefficient.

The following scenario has repeated itself several times over the past decade. I receive the request, with flattery, to help someone who wants to grow their business. Rarely is there a specific question included, just the general goal of self improvement (scores intent points) and, of course, the desire for more money. That’s fine with me – they are, in my mind, a “contender” wanting to better themselves. So, with my very first email reply I want to determine if they are willing to really WORK for their goals.

I give a “homework assignment” – it’s always the same. I ask that they read my last dozen, or more if they wish; blog entries. Then, citing which blog they are referring to: ask 12 detailed questions that relate to an issue or concept in that blog that is unclear or should be expanded upon. Why? If I’m to spend time being a true Mentor, I have to “know” the person I am working for (yes it’s working for). They have to show me that they really will put “skin in the game” and work for their own benefit. I also want to see their writing skills and get a sense of what they consider important to learn. This dispels the myth that I have a bucket of knowledge that I can simply pour in their direction. As Jeremy mentioned, there is a vast wealth in the blogs, of which my stuff makes a minor, but often useful contribution.

Sad to say: to date not a single “student” submitted their homework – not one! My intent was never to “chase them away” – If I wanted to do that I would simply reply that I was too busy. Beginners: let your prospective Mentor know that you are willing and able to WORK hard “with” them, for your gains.

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December 21, 2016

DOJ — and the risks of unsupervised notaries public.

Filed under: Popular on Linked In,Technical & Legal — Tags: , — admin @ 12:18 am

On Feb 9, 2012, the Department of Justice released some settlement terms for some of America’s largest lenders regarding the mandate of proper training and supervision of notaries. In October, the Consumer Financial Protection Bureau released their Examination Manual which included requirements for the proper and correct execution of notarized documents.

There are risks to hiring uneducated and unsupervised notaries. Many do not know how to give Oaths, or properly fill out Acknowledgment or Jurat Certificates. Companies are exposed to losses should their notaries make serious mistakes. If you hire notaries, you should make sure you find a way to test them on basic notary procedures and inspect the forms that they fill out. Additionally, you should ask them all about what types of identification is acceptable and how to fill in journal entries. More than half of commissioned notary publics really don’t know what they are doing.

February 9, 2012, the U.S. Department of Justice released settlement terms for some of the nation’s largest financial institutions; including the mandate of proper training and supervision of notaries public. October 2012, the Consumer Financial Protection Bureau released their Examination Manual which includes requirements for proper execution of notarized documents.

For years, educators and advocates of notaries public have warned employers of the risks associated with uneducated and unsupervised notaries public. Employers of notaries public can no longer ignore the risk to which these vital employees expose our institutions and companies. This live audio conference outlines the critical protections your company should put in place to protect your reputation and financial assets, above any statutory or regulatory responsibility to do so. In addition to the relevant settlement released in February 2012, precedent setting case law demonstrates the need for employers of notaries public to take a closer look at their notary education standards, management program, and disciplinary actions to protect their company and business transactions from losses that result from unrelated or from their own uneducated notaries public. Considering that the majority of the commissioning agencies of notaries public do not require any education of your notary-employees; your company is exposed to losses as a result of their errant processes.

After completing this live audio conference, you will understand basic notarial responsibilities, identify specific actions of notary-employees that expose your company to risk, and be able to implement a management and supervisory program that includes basic notarial education and performance expectations for all notary-employees.

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