How do I fill out a journal entry?
Please keep in mind that rules and standards for notary procedures can vary from state to state across the United States. As a general rule, there are certain areas of confusion that we want to make it a point to clarify.
Q. Do I need to have a separate journal entry for each signature that I notarize?
A. Yes! Imagine that you are notarizing signatures on a set of loan documents. Let’s say that there are four documents to be notarized and both husband and wife need to sign each one — you have eight notarized signatures and eight journal entries.
One journal entry per notarized signature.
Q. Does each journal entry need to be signed?
A. Yes! The individual whose signature you are notarizing needs to sign the corresponding journal entry.
Q. What about thumbprints? Do I need to take a thumbprint?
A. Sometimes! For Deeds and Power of Attorney documents in California, you must take a thumbprint. For other states, there are different standards, but it is always better to have a journal thumbprint just so you can be 100% sure of the signers identity. ID’s can be forged, but thumbprints of a live person in front of you can not be forged!
Q. What goes in a notary journal entry?
Date &Time,
Type of notarization (i.e. acknowledgment, jurat, oath, affirmation, protest, etc.)
Name of the document being notarized (i.e. affidavit, deed of trust, occupancy affidavit, etc.)
Document date (documents don’t always have a document date, but if you have 20 documents called “affidavit”, you need to distinguish them somehow and a date might help)
Name and address of signer
Identification of signer
Additional notes
Signature of the signer
Thumbprint of the signer (optional in many states)
Q. What if I’m doing a signing that starts at 11:55pm and ends at 12:05am the next day, what date do I use?
A. You can use either day, but I would date the notary act at the exact time that the signer signs your journal since that is a definitive POINT in time, rather than a range of time. Some notary acts allow the signer to sign the document BEFORE they see the notary making the document signing a poor choice for a definitive point in time to date the transaction.
Q. Can I make recommendations for what type of notarizations the signers should get since I know more than them?
A. No! That is considered giving legal advice (unauthorized practice of law) in many states. Let them choose on their own, although you can tell them what is “normal” as well as explaining the characteristics of each type of notary act in your state.
Q. What if many documents I am notarizing all have the same name?
A. It is good to distinguish documents by other characteristics. If you have 20 Grant Deeds to be notarized by the same signer on the same day, you can note the property addresses indicated on the Grant Deed to distinguish which document you were really notarizing. Otherwise, if you ever go to court, you will not be able to tell the judge if you notarized a particular Grant Deed for that particular signer. Imagine what would happen if he did a 21st Grant Deed after you left and forged your seal on the certificate section and claimed that you notarized it. If your journal doesn’t describe EXACTLY which documents were notarized, you can get duped by a sophisticated fraud!
Q. Name and address of signer, do I have to write this for each entry?
A. You can write the name and address of a particular signer, and then draw an arrow down for all documents with that person’s signature being notarized. Each document gets it’s own journal entry per signer. If you have Joe signing four documents and Sally signing four documents, make sure the journal entries for Joe are all sequential so that they will be consecutive and all in the same place. Then below those entries you can write Sally’s name and address and a separate entry for all of her documents that she is signing. Example: Lets say your journal page has eight entries. Entry 1, 2, 3, and 4 would be for Joe. Joes name and address would be on the first entry along with a particular document name and other information. For entry 2, 3, and 4, you would see different document names, and an arrow indicating that the signer was still Joe and that his information was the same. Journal entries 5, 6, 7, 8 would be for Sally and her information would go on entry 5 along with a particular document’s name, and then 6, 7, 8 would have document names and an arrow in the name/address field to indicate that it is still Sally who is the signer. Make sure Joe signs all four of his entries, and that Sally signs for all four of her entries, otherwise you get in trouble if audited.
Q. How do I identify a signer?
A. Rules are different from state to state. Some states allow a notary to personally know a signer to constitute being positively identified. Others allow credible witnesses. All states allow a signer to be identified through the use of current identity documents such as drivers licenses, passports, state identification cards, etc. The documents (cards) must have a photo, signature, physical description, name, address, expiration date, and serial number to be acceptable. Some states allow a card to be used for a grace period after it expires. If your state allows the card to be used five years after it’s issue date, then you need to be able to read the code on the card to figure out when it was issued.
Q. Additional notes — what is that for?
A. If you use credible witnesses, you document their signatures and other information in the additional notes section. If you want to document unusual situations, or unusual characteristics of the signers, that is the place to put it. If you are ever called to court, the information in your journal is the ONLY way you will remember the signing in many cases, especially if you do four signings per day over a course of 12 years. Example: “The male signer Joe looked like a walrus.Sally had a squeeky voice and seemed nervous.”
Q. Signature area – who signs in the signature area?
A. The signer of a particular document signs in the signature area (not the notary). Only one signature per journal entry. If two people are signing the same document, just create a new journal entry for the second signer with the same document name. This is not rocket science!
Q. Thumbprint area – do I need to have a thumbprint?
A. Please educate you on your state law. Some states require thumbprints for particular documents and others don’t. It is better to have a thumbprint just in case you are called into court. Your court case might be faster (or not happen at all) if you have proof of the identity of the signer such as a thumbprint.
You might also like:
Index of posts about journals
http://blog.123notary.com/?p=20272
Bounced Checks, Collection Agencies, FBI reports: Learn which companies are involved!
Bounced Checks, Collection Agencies, FBI reports…
For some of you, this is old information that you have already been following. However, many notaries do not have time to read everything that goes on on the forum, and this news about signing companies will be of interest and a convenience to them! It is hard for me to keep up with what is going on on the forums on a daily basis, but I have noticed that a lot of bad things happened in September 2011. There were a few loan signing companies that had a reasonable reputation that suddenly stopped paying notaries. One or more companies was reported to be out of business. I am going to summarize the more important events of the last month or two here. I will only mention the more noteworthy signing companies here.
All Service Notary & Signings
Sept 16 – A notary gives up on trying to collect their bill and hands it over to a collection agency. Additionally, this notary reports the signing company to a credit bureau! Another notary reports trouble getting paid from this company. A third notary says, that after a long time, they finally received their check — but, that was in early August. The situation looks like it has deteriorated since then.
CRES Closers
One notary says that they are the BEST to work for! Another says they met his fee and that they were great to work for. A third notary claims that they sent payment super fast! Wow, it is nice to hear good things about a signing company these days!
Equifax Settlement Services
One notary got paid, but says the company says that they will take THREE MONTHS to pay for jobs in the future because they have to wait until the loans fund. Another notary discusses the letter they sent to the BBB about this company. A third notary discusses the difference in what this company offers different notaries for the same work. One gets $85, while another is offered $125!
FASS – First American Signature Services
Notaries are complaining, but not about payment issues. One notary was taken off the list because FASS found a less expensive notary. Back in 2010, FASS took over service for a big Title company and dropped the notary who had been servicing the signings for that Title company. Another notary feels that they were treated rudely after some sort of argument about “quality issues”. Although there is a lot of complaining going on here, I don’t see any wrongdoing on the part of FASS. They are just shopping around to find the best notaries for them — and trying to get high quality service as well. America is a free country and nobody is obligated to keep the same notary for life.
Final Link
Three notaries have complained that this company doesn’t do a good job of getting back to people. Not returning calls, etc.
First Preference Signing
Four notaries all claim in unison that this is the best company that they have ever worked for.
Harvard Abstract
Three notaries are claiming that this company is easy to work for and that they pay quickly.
HVR Notaries
Two notaries claim that this is a good company to work for. One says, “They met my fee”, which is a very good sign these days with all the low balling.
Insured Closings
Notaries claim that there have been several reports of BOUNCED CHECKS from this company. Watch out!
National Loan Closers
This company is reported to be asking for $25 to keep notaries on their list. This is causing a lot of disturbance in the notary world. Notaries feel that companies should be paying them, and not vice versa.
Nations Direct
We have gotten many complaints about low-balling and micromanagement. One notary’s signing was interrupted by a phone call, where she was asked if she was using a blue pen. On the other hand, it is prudent for a signing company who uses many newer notaries to call and check up on people. Obviously, many of the notaries they hired screwed up and ruined many loans which is the reason for all of the babysitting. Please try to look at things from the signing company’s perspective. They are trying to get the job done. Also see: Nations Direct has been around for more than a decade!
Nowclosings.com
Many notaries are claiming that this is one of the BEST signing companies they have ever worked for.
N3 Notary
A few notaries are complaining that company has badgered them too much during their signings.
Pacific Document Services
Checks that they sent out have allegedly gotten LOST in the mail. One notary has filed an official complaint with the FBI to try to get this company shut down. Another notary received a check that BOUNCED. This is one of the most serious cases I have seen all year! The opinions expressed here are the opinions of particular notaries and not of 123notary.com.
Safir Signing Agents
Multiple notaries are complaining about no-pay and SLOW-PAY.
Service Link
This company has lowered their fees, and we have had many complaints from notaries about LOW-BALLING from this company.
Superior Closings
The people that run this company have been functioning under four different business names over the course of time. They are reported to be out of business now.
The Notary Biz
Many notaries are discussing whether or not this company is still in business. One notary had a discussion with the owner who claimed that they were no longer in business.
The R&R Group
Several notaries are complaining about non-payment, and one is owed $375 by this company
Trans State Services
Many notaries are really happy with this company. Good working conditions and timely pay!
Vital Signings
This company has a good payment record, but many notaries are complaining that there are too many steps involved in the signing process and a lot of babysitting.
Tweets:
(1) Here is a list of companies that bounced checks, had FBI reports, or were notorious late payers to notaries!