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February 26, 2013

What tasks can you do which are worth $1000 per minute?

Notaries complain bitterly if a job assigned to them will use slightly more of their toner or gas than some other job. They are relentlessly thinking about saving pennies or losing pennies. Others complain grievously if their advertising rate goes up even by a few dollars. The only question they ask is, “What did I pay last year?”. I ask, “Do you ask your gas station attendant what you paid for gas last week?” It doesn’t change anything, does it? The question you should ask is, “What is my investment worth, and what does it get me?” Notaries spend so much time whining about small quantities of money, while they are losing tens of thousands by not doing certain things which are critical.

Did you know that notaries with great notes sections get far more clicks and jobs than those with mediocre notes? How long does it take to write a nice notes section and what are the rewards? Most notaries say, “I just don’t have the time”, or “I’ll get around to it”. It takes 20 minutes to write an award winning notes section, and that notes section can win you $20,000 more per year in business. That translates into $1000 per minute.

Is your time worth $1000 per minute? Do you HAVE TIME for that minute? Or, are you too busy doing something more critical with that minute? Could you please inform me of what you are doing with that minute that is worth more than $1000? The notary job you accepted pays you $100 minus costs and takes you 2.5 hours. That translates to about $25 per hour after expenses. That is 40 cents per minute. Why not cancel the signing, and write a great notes section, and then you will have more offers for signings that probably pay even more than what you were offered. If I ask, “Do you want 40 cents or $1000”, most notaries will choose the 40 cents, because they are used to thinking about the moment, and not investing in their career!

What about asking for reviews? Do you not have time? How long does it take to ask for a review? 1 minute. But, having a handful of reviews can double your business. So, you make $60,000 instead of $30,000 per year. What is the cost involved? 30 minutes. But, non-consecutive minutes. Over the course of 30 weeks, you might have 30 clients who love you. You ask each one to write a review, and send them a link in an email. Out of 30 requests, you might get 5 reviews which will probably double your income. Your 30 minutes yielded you $30,000 extra in a year. Is your time worth $1000 per minute? Do you have something better to do in that minute? Early Christmas shopping? Getting that extra laundry detergent? A television show?

What about answering that phone call during an inconvenient time? Do you pick up and tell them that you can’t talk? Or, do you simply not answer? What if that person will give you $10,000 per year in business? That 10 minute call will yield you $10,000. Once again, it is $1000 per minute.

What about giving a courtesy call to all of your clients once a month. Each call might take 2 minutes, but might make the difference between being forgotten about when business is brisk at the end of the. That 2 minutes could yield you 5 extra signings worth $500. That translates to $250 per minute which is not as good as $1000 per minute — but still, not bad!

Spending that extra minute in the right way can change your life — so, spend a minute thinking about what you can do with that special minute!

BTW — the five minutes you spent reading this blog entry could have been used to do business related tasks that could yield you $5000 over the course of one year. On the other hand, if you hadn’t read this article, then you wouldn’t know what those special tasks were that you could get such dramatic results from on a minute by minute basis.

Tweets:
(1) Most notaries dwell heavily on small increases in expenses, but completely ignore opportunities to make big bucks.
(2) Spending a few minutes writing a great notes section could yield you 1000’s in long term income.
(3) 3 ways to supersize your notary business that only take a few minutes per day!

You might also like:

Comprehensive information about writing a great notes section
http://blog.123notary.com/?p=1076

A comprehensive guide to getting great reviews
http://blog.123notary.com/?cat=287

5 things you can do that are worth $1000 per minute
http://blog.123notary.com/?p=20521

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February 15, 2013

Signing agent best practices: 63 points

Here are a few tips about best practices. Maybe none of your clients will care, or maybe they will even adamantly dislike your best practices. But, if you have any self-respect, you will engage in best practices.

LEGAL & TECHNICAL BEST PRACTICES

(1) Hand written documents.
As a notary, it is not illegal to notarize a hand written document. The issue is if there are cross-outs, or blanks. Blanks make it illegal to notarize, but cross outs are a question mark. Personally, if you care about best practices, and not ending up in court for some stupidity that the signer did, then require typed documents with no cross-outs or blanks.

(2) Don’t pick the type of notarization for your signer
That is their job. Legally, you can not choose for them.

(3) Blanks in documents
Put a line through the blanks or refuse the notarize. (that was quick)

(4) Cross-outs
I would avoid notarizing anything with a cross-out. If you can do a cross out, you don’t know if it was there before the notarization or not. If there is one before, what prevents there from being more after. You can forge an initial without being detected, so cross outs are an indication that you need a redraw.

(5) Affixing your seal over wording
This is illegal in many states. The notary seal should be placed in an area of the paper where there is no wording, and do not sign or write over the stamp impression or you void it. If there is no space, then attach a loose notary certificate and make sure you document all pertinent facts on it.

(6) Loose certificates
NEVER send a loose certificate in the mail or hand it to a client. Always attach the loose certificate to the document, preferably before affixing your notary seal. Always document the name of the document, document date (if any), number of pages in the document, document description on the certificate in addition to filling in the standardized state wording, signing and sealing the form.

(7) Journals
Keep thumbprints in your journal. If your state doesn’t require journals, write them a letter about how poor their standards are and then go and buy a journal from the NNA. Also, there is a section called, “additional notes” in your journal (hopefully). Please use this to write down anything unusual about the signer during the signing, or anything unusual about the circumstances. Write it so thoroughly, that when you are in court five years later about that signing which could have involved fraud on the part of the signer, that you will have your evidence handy! Impressive!

(8) Oaths
If you do sworn Oaths, make sure to have the affiant (know this term) raise their right hand. Make sure to study up on formal Oath wording. Oaths are serious, and you are a state appointed official, so keep it official, okay?

(9) Embossers
If you don’t have a 2nd notary seal, get one. Embossers create a RAISED inkless impression. Use it as your secondary seal, and you can affix it to all pages of all documents you notarize for security. There are many frauds out there who do page swapping after the fact. To avoid page swapping (which could lend you in court for something they did after the fact) use an embosser. That way when you get a phone call 2 months later to notarize that separate page they are adding, tell them that you have to do the whole thing all over again. Sorry Charlie, that is a best practice!

(10) Learn the correct verbiage for power of attorney signings
But, there are four accepted verbiage variations. My favorite is Joe Doe, as attorney in fact for Mary Doe. Always call the lender to find out what type of verbiage they want at a signing. Remember, it is their loan, and just as long as you are not breaking the law — do it their way!

(11) Overseas documents
People overseas have bizarre standards. Some require the stamp to be on the document itself no matter what, but they didn’t put the verbiage in for your state. There is nothing LESS legal about attaching an acknowledgment form, but it is not about the law at this point. It is about whether or not THEY like it! So, find a legal way to handle their overseas the way they like. Once I manually wrote in the California Acknowledgment verbiage by hand and then sealed it. It was legal. Not exactly a best practice, but if they won’t accept best practices, then settle for “best practices under the circumstances”. Chinese are a tough crowd — you will find out!

(12) Initialing
Many Title companies don’t like suffixes such as Junior, or IV at the ends of names. But, if you are Louis Remy Martin IV, then the IV is part of your name, the 4th part of your name to be precise. Ronald R Rubin initials RRR. Get the initials to be correct and thorough. And if a lender doesn’t like it, should you break a best practice for their happiness? I don’t know of any laws about initialing, but making an initial of each part of the name is only logical, right?

(13) Signing for confused elderly people
If you sign for a person in a hospital, or someone who is just elderly. Make sure you have whomever calls you READ the identification over the phone to you including the expiration date. Have them read the name on the document too. Elderly people can never find their ID’s, and if they assure you that they have it, don’t believe it, they are lying. Trust me. I know! I am experienced and you are not! Otherwise you would be writing this blog. Do not notarize an elderly person if they can not move their arm on their own. Do not let their daughter drag their arm across a page that they are signing. You can use the daughter’s arm as a brace, but not a movement device. If the elderly person can not paraphrase what the document says, DO NOT NOTARIZE. And, by the way, the night daughter might be a con-artist who is pretending to help the elderly woman, only to be trying to cheat the old lady out of her money. Notaries beware!

(14) When in doubt, call your state notary division
Sometimes the handbook is just not enough. It doesn’t include all situations, and it is not written in English either. Legalese is not my mother tongue, what about you? Call them and bug them. Do it right or not at all. The NNA offers a good notary law hotline too, but get your information from the SOURCE and call your state notary division as your first choice!

(15) Safeguarding your seal and journal
Keeping it under lock & key is the rule of many states. A locking bag, a locking file cabinet. Keeping it in your car, etc. But, honestly, property DOES get stolen, and you need to protect yourself the best way. If your goodies are in your car, keep in in a place where it won’t get taken in a break-in. Keep it under the seat, or behind some large container in the trunk. I kept it in my trunk, but where the robbers could see it. Everything was in a little bag, and they probably thought it was a lap top and valuable. They were in a rush and didn’t inspect it before they took it. If it is at home, keep it in a locked file cabinet instead of hanging around in your locked bag. Go above and beyond the law for best practices. Keep your seal in a place where it is least likely to be “robbable”.

(16) Be an expert at your state notary laws.
Look them up in your state notary handbook. Keep this book with you. It is your bible when you are at work.

(17) Be an expert at credible witness procedure, and signing by X procedure in your state.

(18) Be an expert at all notary and signing related knowledge.
Don’t half know it or kind of know it. Be an expert, and it will show. You will be higher on people’s list if you are.

(19) Keep four phone numbers with you at signings.
In jail you get one phone call. But, as a notary you get many, and should have three phone numbers. The number of the signing company, the lender, the borrower, and the lenders’s wife. Just kidding about the last one. You need to call the lender half the time at a signing because they are such a careless bunch, that they will not have thoroughly prepped the borrower for the signing, plus there might be unexpected surprises on the documents as well. Be prepared!

(20) Using your seal on a blank piece of paper.
ILLEGAL. However, if you go to a jail, they require this for security. So, affix your seal, and then cross it out and write the words void. It is no longer illegal. It is the BEST way to clean up a WORST practice that the jail makes you do. I joked with them and told them that I thought it was funny that I was being forced to break the law by a guard at a jail. What is the world coming to?

(21) Check the signature on the identification
Does the signature on the identification match the one on the document? Did you check? Start checking.

(22) Bad identification?
Is the identification peeling? Is the signature above the lamination? Does it look like a fake identification document? Do you even have a reference guide to know if it is fake? It is your business to know. Get the NNA book on identification and drivers licenses. Also, take thumbprints. Standards for identification should be a government issued photo ID with a physical description, serial number, signature, and expiration date. Nothing else will do. Whether or not the government issuing the document need to be in the USA or not depends on what your state laws are!

(23) Thumbprints
Take thumbprints for all Deeds, recorded documents, power of attorney — as a minimum. Do this regardless of what your state requires. It could keep you out of court, and time is money. Get an inkless thumbprint pad from the NNA. Get this today. You should not be without it for one nanosecond. They can fake an ID, and fake a signature, but you can not fake a thumbprint.

(24) Don’t notarize for people who ask you to break the rules or who look suspicious.
Are you notarizing a kidnapper, or is the signer under duress? Stay away! It is not worth the money and you could get involved in a nightmare that just doesn’t end. What if someone asks you to notarize them under a different name variation than is what their identification says, and you tell them it is not legal. What if they say, “Oh, come on!!!”. What if they threaten to not pay your travel fee if you don’t? First of all your travel fee should be paid in cash at the door, or just leave. Avoid this type of people. They will make your life twisted.

(25) Don’t backdate
Signing companies will put you under pressure to do this if a borrower will lose their lock. Just say no. Tell them that their lock is their business and that your business is obeying the laws of your state which say, “No backdating“. Tell them that the security of your commission is not worth their convenience. Just leave. Don’t deal with these frauds.

(26) Don’t use white out
White out is a worst practice and will get you fired. Cross outs are a bad practice as well.

(27) Name changes the kosher way
A processor I used to work with instructed me not to cross anything out. Just have the borrower initial under the last several letters of their last name and then sign the way the new name will be typed in the document. After the fact, the processor can type in the new name. The cross-out simply doesn’t help. They just need the initial. The processor can cross it out in a way that they think is professional.

(28) Don’t explain the specifics of the loan or when the loan will fund
Just explain the basic definitions of loan terms such as APR, or rate if your state allows that. Specific information particular to their loan is for their lender to discuss with them. You can get in trouble if you make any explanations or commentary about information specific about their loan. On the other hand, you should be an expert at looking up specific pieces of information. APR is on the TIL and perhaps the Settlement Statement, so tell them that and show them where it is. The interpretation of what the information on the Settlement Statement is up to them and their lender, not you!

(29) Don’t notarize for someone who you can not communicate directly with
Some states allow the use of interpreters. I say you should not as a best practice. The interpreter could be lousy, and misinterpret something that you said. You are leaving yourself open to communication gaps. If you speak a little Spanish and can get by, and the signer understands you and vice versa, that works. Don’t create opportunities for communication gaps. I have traveled to enough foreign countries to know that people in different cultures communicate differently, they say yes when they mean no, they lie, they misrepresent, they save face, and fail to explain things thoroughly (especially asians who do the quickie explanations that leave out 95% of the meaning). I am not knocking foreigners — I just don’t believe half of what they say — and I don’t believe half of what Americans say either since Americans are a bunch of liars too! Speak directly to your signers! Learn oath verbiage in Spanish, or whatever your rusty foreign language is. Learn how to ask if you understand the document.

(30) Have a registered business name
We have notaries on the site who change their business name on our site every month. Each month it is the name of the month. This is illegal. If you have a registered business name that is registered with your county, then that is your business name, and you should have a bank account that takes checks paid to that name.

(31) Don’t draft documents
Unless you are an attorney, or authorized to draft documents, don’t get involved. You can get into bad trouble.

(32) Don’t give legal advice
If you are not an attorney, do not give legal advice. Interpreting laws, or suggesting that a person take a particular legal action might be construed as legal advice or the unauthorized practice of law.

(33) Consult an attorney before doing modifications
Although modifications could be legal in some states under some circumstances, they are often done in an illegal way, and YOU are not knowledgeable to know the difference, or to know what you can or can not do. Consult an attorney or stay away!

PRACTICAL BEST PRACTICES

(34) If you don’t get paid on time, contact the Title company.
They might fire or discipline the signing company in that case.

(35) Charging travel fee in cash upon arrival
It is ILLEGAL for a notary to have beneficial interest in the signing. However, many clients including Title companies will simply not pay the notary if the documents or loan packages don’t get signed, notarized, and funded properly. Unfortunately, that is illegal to put the notary in the position where they will only get paid if they notarize. It is actually a MISDEMEANOR in many states to ask the notary to do something illegal which could include having beneficial interest. If you don’t get your cash up front BEFORE you see the signers, documents or identification, you will be sorry. Get your cash, and THEN see the document. If it is incomplete, that is their problem. No identification, or the names don’t match? Their problem. Signer is in a coma and can not talk — their problem. Some situations will merit waiting time, and you will have no way to enforce your WAITING FEE if you don’t have your travel fee. You will not be in a bargaining situation as they will have the upper hand. If you have your $40 cash travel fee, you can say that you want waiting time when the clock strikes 20 minutes otherwise you are leaving. You have the power that way, and you DON’T have beneficial interest anymore (learn to define this term to be professional).

(36) Contracts with signing companies
Have your own contract that you make companies sign to get a better price with you. Make sure you indicate that if there is any ISSUE with the signing such as a last minute cancellation, no-sign, redraw, or anything unusual, that you get paid quickly. These are exactly the types of situations whre notaries typically get stiffed. So make them pay you faster in these situations so you don’t get stiffed. Even if you charge them a discounted fee. Make them pay within 10 days for these types of signings or charge them a penalty. No contract on your terms, then no discounts for you! Take the upper hand. You are a business person!

(37) Background check all companies who want to hire you
Check them on NR and the 123notary forum — OR ELSE… You will live to regret it if you don’t.

(38) Don’t put the Fedex in the drop box
Fedex is a great company, but they do hire human beings which is their downfall. Not recommended. If a driver changes routes, the new driver might goof (once in a long while) and that drop box in a remote area might not get picked up on time — or at all. Drop your Fedex at a staffed location. The deadlines are later, and it will be in the right hands 100%. Be safe.

(39) Printing on the road
This is a business best practice. If you can print on the road, you will be on time to more appointments, and can print last minute documents in a flash. You will be popular with lenders, plus gain people’s respect for being a prepared trooper. It is very expensive to have a comprehensive mobile office, so be ready to pay through the nose.

(40) Don’t go to houses that smell bad
You can end up in a hospital with a serious bacterial infection. If it is really filthy or smelly, tell them you will do the signing at Starbucks and that you have to leave at 5pm. Risking your lungs is not a best practice.

COMMUNICATION & ETIQUETTE BEST PRACTICES

(41) Don’t talk about the wrong things at signings
Don’t talk about politics or religion. Stick to the weather and traffic, but not in the context of complaining!

(42) Call back etiquette
Announce who you are when you call back. Don’t demand to know who they are until you are politely introduced yourself and explained that you received a missed call from that number. Also, don’t call people back only to tell them that you can’t talk. That is plain stupid and is a worst practice.

(43) Announce who you are when you answer the phone
Do you say, “This is Linda”, when you answer the phone? Or do you say, “Hullo?”. Be professional.

(44) When you confirm the signing, make sure all signers are there
If you do a signing where the wife is not on the loan, she might be on a few of the documents such as the Deed of Trust, Right to Cancel, and one or two others depending on what state you are in and who the lender is. Make sure you know where the wife will be during the signing, otherwise it might be a short signing. Remember, that you don’t know what is on the documents until you get the e-documents which is within minutes of the signing. Plan ahead and confirm the signing.

(45) Make sure your answering machine states your name!
Don’t make people guess if they dialed the correct number.

(46) Don’t ramble, make long pauses, or give opinions
Nobody wants to hear your life story, especially not me or my staff. Nobody wants long answers to quick questions. Nobody likes it when you ask them a question and you pause for 45 seconds to think. Don’t criticize others or give opinions either. Your job is to be a notary. Notaries don’t have opinions — or at least shouldn’t.

(47) Leave enough time between appointments
There is no point being late because you were delayed at your last appointment

(48) Determine how long your signing session will be.
Charge based on time. When you go to a massage therapist, you pay for a 60 minute session. If you go over 60 minutes, the next victim is waiting and they have to stop. Notary signings should be no different. Agree ahead of time how much time they want, and make them commit to that, or don’t work with them. If they want 90 minutes or 120 minutes, that is fine. Have them agree to that up front, and pay accordingly. Your job is not to be delayed endlessly. After all, your next appointment has the right to see your face showing up on time, right?

(49) Don’t have noise in the background when you talk on the phone
If someone calls you and there is noise. Apologize for the noise, and then walk to a quieter location. Don’t let the background noise continue otherwise you are unprofessional in my book.

(50) Don’t park in the driveway.
Your job is not to notarize, don’t put the Fedex in the drop box, and don’t park in the driveway. These are my three golden rules for notaries. Notarize only if it is legal to do so. Bring Fedexes to staffed locations, and park on the street unless there is a good reason why you should call the borrowers and ask if you can park on their driveway.

(51) Know your hours of operation
Never say that you are flexible. Tell people when you are available. I am available from 11am to 2am seven days a week unless I am already engaged, on vacation, or dead. That is a quick and professional answer. Don’t say that it depends. Don’t say that you sign anytime. People who say anytime have such restrictive schedules that they won’t sign any time other than 9-6. Flexible means 9-5:30. These terms mean absolutely nothing. Act like a professional and give people hard numbers when they ask a question — and don’t keep them waiting.

(52) Use your notes section to describe your service thoroughly
Don’t use empty adjectives like thorough and professional. Describe what YOU are like at a signing which is unique to you, so people can get to know you through your notes rather than reading something that looks like you copied it from 3000 other boring notaries who use exactly the same adjectives in exactly the same order. Talk about how fast your laser printer is. Talk about your exact counties or cities that you cover. Give people real information in your notes section, not some empty sounding sales literature that tells them nothing.

MARKETING BEST PRACTICES

(53) Get certified by ALL listing agencies who you advertise with.
If you advertise with ten companies, do all of the certifications. You look like an idiot if you can’t even be a professional at your profession!

(54) Having reviews on your profile from esteemed Title Companies looks great.
It is not a crime to have reviews from “nobodies”, but it is a best practice to have the people who review you be as reputable as possible. Their reputation is your reputation when they write a review about you.

(55) E&O insurance looks professional
E&O insurance looks professional, but is it? It makes it attractive for a company to hire you. E&O doesn’t protect you that much though. You can still get sued if the lender makes a mistake and the borrowers sue all parties involved. This happened before. You will not be covered. It actually encourages lenders to make claims rather than reducing your liability! E&O insurance makes you look good, so get some! But, is it a best practice? Being covered is better than being not covered, so I will call it a “better than nothing practice”. Or, I can call it something that looks like a best practice to the uninformed.

(56) Background screening
If your state doesn’t screen notaries as well as California does with the FBI, DOJ and KGB, then there might be some merit in a background screening.

(57) Advertise on all major directories
Have a well filled out profile, amazing notes, and reviews if possible.

(58) Call all local title companies
Call them up and announce yourself. Call them every month to remind them that you are good, and that you want to work.

(59) Get on the list of all nationwide signing companies.
Fill out the paperwork each signing company requires ahead of time. Make it a best practice to be on as many company’s lists as possible.

(60) Read notary blogs
The more you know, the more impressive and knowledgeable you will be. Know as much as possible to be the best that you can be. 123notary has an interesting Facebook, Linked in and Twitter profile as well. The more you read, the more you know!

(61) Don’t lie about your number of signings
Keep a count. Look them up in your journal. When someone asks you how many signings you have done, don’t ramble about how many years you have been in business. Nobody wants to hear that. Tell them how many you did. 1012 signings, plus there will be another one tonight! Don’t tell them you did two yesterday and three the day before. Nobody has patience to hear you count. Don’t think — KNOW!

(62) Guarantee your work
If you goof, go back and do it again for free. Make this a policy.

(63) Send complete bills regularly.
You need to know exactly what information goes on the invoices you send out. Name of borrower, loan number, address, date of signing, name of lender, etc. Bill regularly and keep good records, including the CHECK # of incoming checks. Otherwise you won’t get paid.

Tweets:
(1) Is it legal to notarize a hand-written document? What if there are cross outs?
(2) Blanks in documents? Put a line through it buddy!
(3) It is illegal to use your seal on a blank piece of paper. Yet jails usually require this! (cross it out)
(4) Notary topics: Hand-written docs, Blanks in docs, seal over wording, loose certificates, overseas docs.
(5) Don’t go to houses that smell bad #mobilenotary
(6) Notary contracts, fees at the door, background screening signing co’s, call Title if not paid on time.

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You might also like:

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

The 30 Point Courses – a free loan signing course
http://blog.123notary.com/?p=14233

Notary Marketing 102 – a free marketing course for Notaries
http://blog.123notary.com/?p=19774

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February 9, 2013

2013 Phoninar Quick Course

Filed under: Best Practices,Loan Signing 101,Posts With Many Comments — admin @ 11:26 pm

Here is the study guide for the phoninar!

The purpose of the phoninar is to help notaries learn some of the basics of signing without taking an actual course. Many notaries do not want to take a course, or they already took a course without mastering the material. My solution is to have a free quickie course to start them out with. If they can pass our over the phone test, we will keep them on the site. However, if they fail miserably, then we will most likely remove them from the site if they have a free listing.

Topic #1
The Right to Cancel
Most notaries have a rescission calendar that they refer to when calculating the last day to rescind. Few notaries know when all of the Federal holidays are. Many notaries also can not think clearly about how to calculate the last day to rescind mainly because they have never practiced calculating this date. If you want to come across as a professional, learn to give quick and accurate answers to simple everyday signing questions.

In a residential refinance, the borrower has (3) days to rescind not including Sundays and Federal Holidays. Be careful, Presidents day and Washington’s birthday are synonymous. Also, Flag day is not a Federal Holiday, but banks might be closed. Some lenders do not count SATURDAY as one of the (3) days to rescind, but formally, Saturday is considered a business day in terms of calculating rescission. Other lenders allow the Friday after Thanksgiving to be considered a holiday when legally it is not. Basically, each lender is different, but you have to know the basic laws effecting rescission instead of relying on what the handful of lenders you work with say.

Here is a list of Federal Holidays — memorize these for the test
(1) New Years Day, (2) Martin Luther King Day, (3) Washington’s Birthday, (4) Memorial Day, (5) Independence Day, (6) Labor Day, (7) Columbus Day, (8) Veteran’s Day, (9) Thanksgiving, (10) Christmas

Quick Facts
(a) There are two blanks for dates in the RTC which are generally filled in by the lender. Once in a while the notary needs to fill in these dates or correct them. The technical terms for these dates are the Transaction Date and the Rescission Date. Please memorize these terms for the test.
(b) The date of the signing is NOT included in the (3) days to cancel. If a loan is signed on Monday then Tuesday is day 1, Wednesday is day 2, and Thursday would be the 3rd or last day to cancel.
(c) Loans must be cancelled in writing by the deadline in writing by fax or mail, but not by email.

Pop Quiz
(1) Name all Federal holidays that come in January
(2) If a refinance is signed on the Wednesday before Thanksgiving, when is the last day to rescind?
(3) If a refinance is signed on a Friday, when is the last day to rescind?

===================

Topic #2
The APR
Most notaries know a little something about the APR, but this topic is actually very critical for your success as a signing agent. Every borrower wants to know why their APR is higher than their Rate. How good is your explanation. Here is what we want you to know for the phone test. Sure, there is more to know than what we are telling you, so learn the basics from us, and learn more on your own.

Definition:The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

Quick Facts
(1) The APR is documented on the Truth in Lending Disclosure
(2) The APR is usually but not always higher than the Rate
(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.
(4) If you mention that the APR is often used to compare loans, you get points on the phone test
(5) If you mention that the APR might be compounded, you get points.
(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.
(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.
(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

You might like:
Definitions of the APR
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5844

Pop Quiz
(1) Which document contains the APR?
(2) What are some fees that might be incorporated into the APR
(3) Please create and rehearse your definition of the APR so that you will sound professional before your borrowers

===================

The Rate
The Rate or Interest Rate is more of a topic of confusion with the notaries than the APR although it is much simpler to understand and actually easier to find. Traditionally, the Rate is always documented in the Note. The note by definition discusses the Interest Rate, monthly payments, and prepayment penalties (if any). Once in a while there will be a Rider associated with the Note that might discuss these issues as well.

Inexperienced notaries typically claim that the best place to look for the Rate is on the Truth in Lending. Half of them say this because they are so uneducated that they can not distinguish between the APR and the Rate. The other half choose the Truth in Lending Disclosure because the Rate is actually documented there in many cases. But, let me ask you — if you are in front of the borrower and want to make a good impression — would you look for the Rate in a document where it sometimes is, or in a document like the Note where by definition it ALWAYS is? I vote for always because you will look like a fool if you go fumbling through the documents trying to find the right information in the wrong place.

Quick Facts:
(1) The Rate is always located in the Note
(2) In loans over the last few years the Rate is also generally documented in the HUD-1 Settlement Statement which comes later in the documents than the note unless it was sent separately.
(3) Some lenders include the Rate in the Truth in Lending, although this should NOT be the place you look for it first since it is not always there.

Pop Quiz
If you want to show the borrower the rate, which three documents would be where you would look, and in which order would you source those three documents?

=======================

Dealing with errors in signings

Errors on Notary Certificates
From time to time in a signing, there will be an error in the notary certificates. Please keep in mind that handling an error in a certificate might be handled very differently from an error in the actual documents, or in the body of the actual documents, so please make the distinction.

If there is an error in the notary certificate — such as an acknowledgment or jurat certificate to name examples, there are various ways to rectify the situations. The problem is that each method has an upside and a downside.

(1) Cross-out and initial
This is a messy way to solve a problem on a legally significant document such as an acknowledgment. If a person’s name is spelled incorrectly, crossing out an initialing could get the document rejected by a county recorder. One notary had to cross-out wording on an out of state certificate that claimed that she personally knew the signer when in fact she did not know the signer. She crossed that out, and the document custodian was very upset. I told her to consider adding a loose certificate.

REMEMBER, it is the notary who initials changes on notary certificates and NOT the signers.

(2) Add a loose certificate and start all over
Legally, you can always add a loose certificate. However, the person or entity to whom you are submitting the documents to might not like it. Please distinguish between what makes your work legally acceptable and popular as the standards often do not match. The loose certificate has the advantage of having whatever name and wording you want it to have so you don’t need to cross anything out.

(3) Notarize the document twice?
Not illegal. You can do two journal entries and notarize twice. Notarize the original acknowledgment embedded in the last page of the document with the cross outs, and add a fresh certificate as well assuming you have a 2nd journal entry to match that one. Document this well in your journal for your protection.

(4) Redraw?
Redrawing documents is time consuming and expensive. It involves making new appointments and risking not getting paid. But, for an out of state that needs to be worded in a particular way, you can have them word it however they want it to be worded, so that no cross outs or illegal claims or acts are necessary.

==========================

Errors in the right to cancel
Notaries typically do not know how to fill in the dates of the right to cancel. From time to time a signing will be postponed a day, and you need to change the two dates in the right to cancel which are the transaction date (the date you sign), and the rescission date (the last day you can legally cancel). Please try to appear educated and don’t say the signing date, or the cancel date as these wordings are not educated sounding and are also not clear.

To fix the dates on the right to cancel you can:
(1) Cross out, right the correct dates and have both borrowers initial
(2) Pull a fresh copy from the borrowers copies and start all over. The borrower’s copies might or might not have the dates printed in the blanks. If you made a mistake correcting dates, then sourcing the borrower’s copies definately makes sense.

==========================

Fees on the HUD-1 Settlement Statement
If someone wants to know where their fees and closing costs are, please direct them to the HUD-1 Settlement Statement. But, which fees are on the HUD. There is a huge conglomeration of information on the HUD. Too much to teach. But, to impress us, you should be able to rattle off a handful of fees on the HUD without batting an eyelash. Here are a few fees typically on the HUD.

Services: Abstract of Title Search & Title Charges, Appraisal Fee, Attorney fees, Document preparation, Notary Fees
Transaction Costs: Assumption fees, Broker fees, Credit reporting fee, Escrow account deposits, Escrow Fees, Loan Origination fees, Points or commissions, Settlement or closing fees
Inspection Fees: Lead based paint inspection fee, Termite inspection Fee, Other Inspection fees
Insurance: Flood insurance Fee, Hazard insurance, Mortgage insurance application fee, Title insurance
Payments: Interest, Cash payments

================================================

Initialing
There are no legal standards for initialing. However, the purpose of an initial is to have an abbreviated way of writing your name in a document.

Andrew B Clay Sr.
His initials could be ABC, or ABC Sr. Which is better?

Some lenders don’t want a Jr., or Sr., on an initial.
However, if it is part of the signers name on Title, then it is part of their name.
The initials for Junior would be Jr. Therefor in my opinion, it should be part of the initial representing the forth word in the name.

What about Andrew Hooper III
I would have him initial AH III

There is no way to shorten the III part. But we don’t want to confuse him with his father and grandfather who might have been on title, so we will include the III unless asked by the lender not to. There are pros and cons in the different ways of initialing. Be thorough unless asked not to be by the lender.

=====================

Parties involved in a loan
Many notaries don’t realize how involved the loan process is, and how many parties there are involved. So, if you make a mistake signing a loan, you might be inconveniencing more parties than you think. Here are a few:

Lender
Notary Public
Borrower
Relatives of the Borrower
Signing Company
Settlement Agent
Escrow Agent
Broker
Insurance Companies
Title
Loan Servicing Companies
Loan Holding Companies who purchase the loan from your lender (at great risk)
Attorneys
Inspectors
Appraisers
County Recorders
Oh… I almost forgot — the pets of the borrower
======================================

If your stamp was smudgy
If your stamp (notary seal) isn’t clear on notary certificate forms, recorded documents might be rejected by the county recorder. If there are cross-outs, or anything that the recorder doesn’t like, they might reject the document as well which would mean that the notary would have to notarize the document all over again which is very time consuming and involves scheduling. Each county recorder is different and there are over 5000 different county recorders throughout the United States!

=========================================

Attorney in Fact wording
If Sam Smith is signing in his capacity of Attorney in Fact for Sharon Smedley, how would he sign? There are at least two ways: Here they are.

(1) Sam Smith, as attorney in fact for Sharon Smedley (I like this way best)
(2) Sharon Smedley by Sam Smith, her attorney in fact (ambiguous as to who you are in the signature)

Memorize the wording including the commas if you want to pass our phone test!

=========================================

Fraud & Journals
Not all states require you to keep a journal, but for your protection you need one regardless of what your state says. No state forbids you from having a journal. In your journal you record the date & time of notarization, type of notarization, document name, document date (if any), signers name and address, type of ID used, ADDITIONAL NOTES where you record anything unusual about the signing, or if you used credible witnesses, the signature of the signer, and a THUMBPRINT.

Quick Facts:
(1) If a signer is accused of committing fraud. OR, if a third party is accused of tricking a signer to sign something or of forging a signature, then the thumbprint in your journal could keep protect you.
(2) The thumbprint could stop an investigation in its tracks since you have evidence
(3) A thumbprint could drastically reduce the time involved in an investigation or court case. Imagine being stuck in court for 30 days with no income because you did a risky notarization for an elderly lady in the hospital who was on morphine and couldn’t think straight.
(4) Warning — beware of notarizing the elderly. Make sure they understand what they are signing and can paraphrase what is in the document for their protection and yours. You are not legally required to understand the contents of the document, but they can get into huge trouble, and drag you into the trouble if they are being tricked into signing something — especially a power of attorney or deed.

================================

Spouse not on loan?
This question is very state specific. New York deals with spousal issues differently.

As a general rule, if the spouse is not on the loan documents, they might need to sign any Deeds including the Deed of Trust, (Mortgage), Right to Cancel, Truth in Lending, Correction Agreement, HUD, and perhaps a few others.

==================================

Define beneficial interest
If a party is a beneficiary to a document being signed, they would have beneficial interest. But, who else might have beneficial interest too? If you are a relative of the signer such as a spouse or child, you might benefit from the document being signed. If you are a notary who won’t get paid unless the document is signed, then you have beneficial interest in the document being signed which is illegal. To keep it legal, make sure you get paid regardless of if a document gets signed to keep yourself impartial and above board. A notary’s job is not to notarize, but to say NO when necessary. Stand in front of the mirror and practice saying NO!

=====================================

What is the difference between e-documents, e-signings, and e-notarizations

e-documents are documents that are sent to the notary electronically via the internet. A password and various types of downloading software would be necessary for e-documents as well as a high speed internet connection and a fast printer with good ppm.

e-signings are signings typically signed on a laptop with a wireless card. Some of the documents are still physical, and the journal used is physical.

e-notarizations require a special eNotary commission. Only about (9) states have such a commission. The signer is still required to appear before the notary in all, or almost all cases (varies over time and state by state — AZ at one point had some exceptions to the personal appearance law). ENJOA or an eJournal is used for e-notarizations. Unfortunately, county clerks offices are not always able to fulfill their legal obligation to be the custodian of eJournals after a notary’s commission is over. An interesting twist on some new technology that has many serious issues.

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Notary Public 101 from 123notary
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Beginner Notaries 103
http://blog.123notary.com/?p=21112

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January 26, 2013

The war between men and women notaries

When the 1940’s New Yorker artist and writer James Thurber came up with the idea of “The War Between Men and Women,” he wasn’t thinking of notaries. He was simply thinking of the way things are…sometimes. Well, let’s face it: the ‘Men are from Mars, Women are from Venus’ idea isn’t new. Men and women are complementary…not always complimentary. So it should come as no surprise that notaries–male and female–appear to have slightly different ways of doing the job. The war between men and women continues…right in our own backyard.

http://www.lileks.com/bleats/archive/12/0812/0803art/welcome1.jpg Here is an original Thurber drawing that shows you Thurber’s idea of the war between men and women. When the man comes home, his wife’s role or tendency to dominate is grossly exaggerated: the whole house has become the woman. She has taken over, and is seen as a bully. As one joke goes (obviously created by a man who felt unfairly treated by women), “If a man is alone in the forest and he says something–and there is no woman to hear it–is he still wrong?” People (borrowers?) often see spouses as adversaries, and sometimes seem to have a dread of the opposite sex. Male borrowers or clients may feel more comfortable hiring a man…and the wife–if she is the one in charge–may want to hire a woman. Are men and women notaries competing for work? Do clients have a preference?

Eighty percent of the male notaries we talk to generally seem to be all about business. They don’t tend to go to signings on dirt roads at night…perhaps because they are not feeling as pressured to take on any and all assignments at the beginning to get paid. They find ways to get the borrowers to read the documents and understand them, but they don’t go overboard. They know how to make people feel comfortable, but they are not inclined to chat or stay longer than they have to. Yet they are great at figuring out and explaining the logistics and numbers so that title companies and borrowers and clients are served. Male notaries have less patience for signings that go on and on, and they run a tight ship. Still, they know a good deal or a bad deal when they see one, and are able to persuade clients when to call a loan officer or attorney. The male notaries don’t always see the value of reviews at first…but when they start getting reviews, they are unstoppable and no woman can compete with them. They get lots of work, lots of praise, and they close. That remaining 20%, though, already seem to have all the good qualities noted above, plus the compassion and patience and good humor of the women who are notaries. It’s a bird, it’s a plane–it’s Super Notary! Ladies, beware!

Of the hundreds of female notaries we’ve talked with, on the other hand, almost all have this amazing sense about people. They listen. They repair situations that are falling apart. Women who are notaries make friends easily. The paradox is they may not always make good choices at first about where to go for work or where to meet clients, and they don’t always stand firm and get people to sign; in a difficult situation, female notaries often leave. But women who are notaries get people to relax, feel good, and spend extra time (“time wasted,” grumbles one ferociously successful male notary) helping borrowers or clients, driving them places, or listening to their problems. For the most part, they are the opposite of the domineering image of a woman Thurber portrays in the cartoon above! People like their style and their compassion, and although female notaries seem to spend more time doing their jobs, the satisfaction, praise, and reviews they get in return keep them going…and going…and going. They, too, are good at numbers and details, and at explaining documents. As one male notary told me today, “Female notaries sometimes have trouble because there are some men [borrowers] who like to intimidate women. Period.” Yet although they know when to leave, the women often prefer to stay and make friends. “If you want a sympathetic notary, hire a woman,” one young male notary told us. “I am a contract closer, not a hair stylist who will embody compassion and discuss your most intimate secrets,” he quips. “Well,” says one successful woman who is a notary with agencies in several states, “they say, If you want it done, ask a man; if you want it done right, ask a woman.”

Which notary should I hire? Compassion is important to me; if both sexes displayed this trait, there would be no war between men and woman…and no war in general. But compassion is not what counts most in the notary business. The female notary who is organized and has mastered the journal and the no-nonsense “time is money” approach does well as a notary, and never fears going into any situation because, besides her can of pepper spray and years of experience and praise, she brings the confidence that she is the equal of any man, and any client. It also helps that this Super Notary (Woman) or Notary Woman is impeccably dressed, always on time, always patient yet never loses control of the situation and the time–and is trained in every kind of document and exception to every rule. She is not masculine in any way, and is, in fact, often so gorgeous or personable that she frequently gets asked out by the single males she does notary work for…and even sometimes by the married ones. However, Super Notary (Man) is also a force to be reckoned with, a mix of upbeat kind remarks, punctuality, courtesy, humor, and an ability to explain and present documents concisely in just the right way, firmly, and in record time. He knows when someone is being cheated, and knows how to steer that borrower to discover it for him-or-herself. Super Notary is strong yet laid back, personable but never unprofessional or suggestive…and everyone feels he really cares and would defend their interests to the death…because he’s “a good guy at heart,” the Christopher Reeve of the notary world. Aw gee.

It seems the best notaries I’ve met on 123notary are those who exhibit the traits traditionally associated with both men and women. So how to decide? I have two in mind (you know who you are!) Which notary should I hire?

Which one would be most likely to assist me if anything went wrong? The notary with the best manner…or the best journal? I need to hire a notary. I’ve narrowed it down to two. Given a choice between two notaries I have in mind, one male and one female–I am totally baffled about which to choose. They both answer their phones, are sensible and savvy, have certifications and wonderful reviews, and solid lives that show that they themselves are financially sound and exemplify good decision-making. Which notary should I hire?

The one with the most experience who can also give the clearest and kindest explanation…no matter how long it takes…without pushing me or rushing me or getting angry.

No woman could be quite as fearsome as the woman pictured in the Thurber drawing above (I hope), or any man as dull or spineless as that tiny husband. But any pleasant, upbeat, reasonably competent male or female notary would easily win out over these–well–cartoon characters…because real people are compassionate as well as accurate and on-time, funny as well as serious, strong in some ways and weak in others…and all flawed in their own inimitable ways. Which notary should I hire? If it’s an important loan I really am not sure about, I want nothing less that the best in the business, and that has to be decided on the basis of references and quality and concrete evidence. After all, that’s how notaries get paid.

So tonight, I’m going to flip a coin.

.

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http://blog.123notary.com/?p=19196

How much do signing companies lose by hiring bad signers?
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If you were hiring a notary, what would you look for?
http://blog.123notary.com/?p=16750

The ADD culture and notary marketing
http://blog.123notary.com/?p=22309

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December 24, 2012

I make mistakes too!

Filed under: Carmen Towles,Notary Mistakes — Tags: , — admin @ 6:57 am

The most dreaded thing happened to me after all these years. I get a call from one of my regulars of many years now asking me when I can come through. She has a fee notarizations for herself and her husband. The own an architect firm. We set up a time for the following day. I arrive about 10 minutes early which is what I always try to do. She pleasantly sits me down in our usual conference room, excuses herself and leaves briefly to get the documents. She comes back into the room and hands me one document in particular from a stack that immediately looks familiar. It was a document that I had previously notarized the week before. She goes on (while handing it to me stating that the county clerk had rejected it. I am thinking WHAT!?!?! Are you serious??…cant be so. But unfortunately is was so. It seems in my haste I had forgotten to put the ‘notary public’ after my name. (For those of you in other states this is now a mandatory requirement for all California notaries.) And of course the county clerk had rejected it. They had attached a nice little note with instructions for me to fix it. Which of course I did.

I was thinking ( and I told my client ) ‘I am so sorry, I cant imagine what was going on in my head’ to forget to do this, I assure her that after all that I certainly know better”. ‘But I am human’ as she told me. “We all make mistakes”. But this mistake in my eyes was unacceptable and now I have inconvenienced the client. They have to go back to the county clerk. So to make amends I adjusted my fee. I would have liked (at no charge) to offer to take it to the courthouse for them…but didn’t think of it until later in the day.

So remember to check your work. ALWAYS! Try not to let outside influences distract you. This can easily happen but It can cost you jobs and regular clients. I am sure they will call me back. But I really felt bad about my error. I know better but for me this was a wake up call. I was careless and did not check my work. And ultimately, I could have paid for it by losing a valuable client Or even worse yet it could have been a time sensitive document and because of my error they could have lost their valuable client and/or they could have missed a deadline and I could have gotten sued…god forbid. So don’t forget to check BEFORE you leave them. Doesn’t matter if it is one document or 20. make sure you have done your job. We can’t afford mistakes!

Until the next time, be safe!

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Common mistakes
http://blog.123notary.com/?p=4553

Power of Attorney notary processing mistakes
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August 5, 2012

Power of Attorney and Verifying Capacity

Powers of Attorney and Verifying Capacity 

Recently, we had two notaries that had situations where they felt obligated to stick their head into other people’s business.  Both notaries were doing signings for an attorney in fact, and both notaries wanted to see the power of attorney to verify if the signer indeed had that capacity.  But, this seems to be going above and beyond the job of a notary public.  A notary’s job is to identify a signer, and make sure the signer really signed the document, keep a journal, and fill out certificate forms.
 
So, does the notary need to verify the capacity of the signer: i.e. as an attorney in fact?  In California, notaries are prohibited from identifying a signer’s capacity.  But, what about other states?  I have no idea!  Maybe our readers can comment. We will have a facebook discussion on this topic as well to stimulate dialogue.
 
I feel it is only the notary’s job to notarize the signature of the signer, and acknowledge that that particular person signed a document.  If that person claims to be an attorney in fact, that is their business. Whether the signature on the notarized document will be recognized in court as an official siguature of an attorney in fact is another story, especially if the “missing” power of attorney form doesn’t show up. I saw let the courts worry about authorization, it is beyond your job as a notary!

Tweets:
(1) When you notarize for an Attorney in Fact, is it your job to verify the signer’s capacity?
(2) It’s only the notary’s job 2identify the signer, not to determine if they’re authorized to sign in a particular capacity.

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POA — proceed on alert
http://blog.123notary.com/?p=14661

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http://blog.123notary.com/?p=9862

Parties involved in a Power of Attorney
http://blog.123notary.com/?p=21439

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May 23, 2012

Where do credible witnesses sign the notary journal book

Filed under: Credible Witnesses,Journals — Tags: , , , — admin @ 12:26 pm

Where do credible witnesses sign the notary journal (register)(book)? 

Some states require notaries to carry an official journal of notarial acts while others recommend it, but don’t require it. Some states call the journal of notarial acts a journal, while others call it a registry or a book.  The main thing to remember, is that a good notary journal must be bound and sequential. Each entry must be in chronological order.  Different journal manufacturers make journals differently.  I recommend getting one with a thumbprint section and space to write notes. Most states don’t require notaries to take thumbprints, but for your security as a notary, you need thumbprints to keep you out of court if anyone questions whether the signer was a fraud or imposter.  Thumbprints are a better proof of identity than any other means.
 
The credible witness signs the notary journal in the additional notes section!
They do NOT sign in the signature area!!!  Signature areas are for the document signer, and only one document signer can sign in a particular journal entry’s signature area. If there are two signers, then make two journal entries!  The credible witness must sign in the notes section because there is blank space there.  You should document the credible witness’s identification, phone, and address to be thorough.
 
The notary needs to administer an Oath to the credible witness where the credible witness must swear to the identity of the signer. Make sure the credible witness really knows the signer well, otherwise they are not really qualified to identify someone that they know only as “Ralph”, and don’t even know his middle or last name!

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Index of posts about journals
http://blog.123notary.com/?p=20272

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April 4, 2012

How much should a notary charge for swearing in a…

How much should a notary charge for swearing in a … 

Please keep in mind that notary rules, and notary prices vary from state to state.  Also, notaries engage in various types of notary acts involving Acknowledgments, Jurats (which include Oaths), Oaths, Affirmations, Protests, and more depending on what state is in question.
 
How much should a notary charge for swearing in a witness?
Notaries can swear in witnesses, and so can a judge, as well as other types of state appointed officers such as a justice of the peace, etc.  When you are swearing someone in, you are administering an Oath to them.  You might have the affiant raise their right hand and ask them, “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”.  They might say, “Yes”, or “I do”.  
 
An Arizona Notary can charge $2 for administering an Oath
A California Notary can charge $10 for administering an Oath.
A Florida Notary Public can charge $10 for administering an Oath
An Illinois Notary may charge $1 for administering an Oath
A Maryland Notary may charge $2 for administering an Oath
A Michigan Notary can charge $10.00 for administering an Oath
A Notary in New York can only charge $2 for administering an Oath
A Notary in New Jersey can charge $2.50 for administering an Oath
An Ohio Notary can charge $1 for administering an Oath
A Pennsylvania Notary can charge $5 for administering an Oath
A Texas Notary can charge $6 for administering an Oath
A Virginia Notary can charge $5 for administering an Oath
A Washington State Notary can charge $10.00 for administering an Oath
A Washington DC Notary can charge $2 for administering an Oath
 
Note:  The price for Oaths and Affirmations in the mentioned states are identical.  We are only showing rates for highly populated states, and the rest of the state notary prices and notary rules and be queried by visiting our find a notary page.
 
Swearing in a Credible Witness?
If you need to use a Credible Witness as part of a signing, please consult your state notary manual to see if you can charge extra for each Oath you administer to them.
 
How much should  a notary charge for swearing in an affiant who is signing an affidavit?
Any time a person signs an Affidavit, or other document which requires a sworn Oath, the Notary (if they are using a notary) needs to have them raise their right hand and swear under oath.  The notary generally has to choose the verbiage for the oath which requires a small amount of skill and extemporaneous “improv” talent.   The notary should charge whatever their state allows as a fee for an Oath.
 
How much should a notary charge for swearing in someone who is not signing anything?
Sometimes the Oath accompanies a document that is going to be notarized, and other times it is an Oath of Office, an Oath for getting a commission, an Oath swearing them into court, or for a variety of other purposes.  The notary price for this type of Oath should be whatever the local state you are in allows a notary to charge for an Oath.
 
How do you document an Oath without a signature as a notary public?
Not all states require a notary to have a journal, but without a journal, you can not document any of your transactions, many of which might be very sensitive such as notarizations of Deeds, Powers of Attorney and other important documents that  could have high stakes involved.  If someone is taking a purely oral Oath with no paperwork involved, you should document this in your journal, and have the affiant sign your journal. You should document in the notes section of the journal that you administered an Oath, and write a few words describing what the oath was about.  The exact wording of the oath is not critical for the journal entry.  The notary price or notary fee for this type of act should be whatever the state in question allows a notary to charge for an Oath.

 Travel fees and waiting time?
Many years ago, I went to a lady’s house in Los Angeles.  She was having a court case by phone, and I was there to swear her in before the judge on the other end of the line.  I had to wait for 45 minutes, and had to drive twenty minutes as well. So, I charged a travel and a waiting fee.  I was a very reliable notary and got to this very critical appointment early, so I feel entitled to my fee!  Not all states allow travel fees or waiting time fees, so you need to know the notary prices and acceptable charges in your state of commission.

Tweets:
(1) How much can a notary charge for swearing in a Witness. A state by state fee chart!
(2) Notary Fees for swearing in witnesses range from $1 to $10 in the states we compared.
(3) How do you document an Oath that has no accompanying documentation? #Notary #Journal

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March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different dates.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those split signings are tricky, and are more likely to have to be redrawn.  But, just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

You might also like:

A lady lost a great account because she wouldn’t backdate!
http://blog.123notary.com/?p=22229

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

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February 21, 2012

All you need to know about notary work

All you need to know about notary work 

There is a lot to know about notary work.  You should visit your state’s notary division website to learn what they want you to know about your state’s notary laws. Regardless of what state you are in, you need to know:
 
Who can become a notary?
Generally state residents who are 18 or older who don’t have a felony conviction or misdemeanor involving dishonesty.  Some states allow residents of neighboring states to apply to be a notary as well.
 
What is the application process to become a notary?
Some states have online applications, while others require you to mail it in. Each state has a different application fee. Check your state’s notary division website for more information
 
What is the procedure to get my official notary seal (notary stamp)?
Most states require the use of a notarial seal, but some states have authorization forms to get your seal.
 
How do I get my notary commission paperwork?
Most states will mail this to you.  Many states require you to file an Oath and Bond at a county recorder’s office, or some other government office in your area.

 Do I need to be bonded to be a notary?
Refer to your state’s notary division website for information
 
What notary acts do I need to know about?
Most states allow notaries to perform notarial acts such as:Acknowledgments, Jurats, Affirmations, Oaths, and Protests.  Some states allow copy certifications for particular documents, and there are other types of notary acts as well that are particular to certain states. Please read your state’s notary division website to learn the details.

 Do I need to keep a journal of notarial acts?
Most states require a journal, but even if they don’t, you should keep a journal for your records in case you are called into court.  A well maintained journal is evidence that can be used in court, or keep you out of court.  You will not remember someone you notarized five years ago, so keep good notes in your journal if something strange happens at the notarization.
 
How do I identify signers?
Generally, a current drivers’s license, state identification card, or password will do.  The ID should be a current government issued photo-ID with a physical description, signature, serial number, and expiration date.  Other forms of identification might be allowed, so please visit your state’s notary division website to learn the details of your state’s rules
 
Attaching certificates.
Notary acts such as Jurats and Acknowledgments require notarial paperwork to accompany the act.  Oaths often do not require a certificate though. Notary certificates come in pads, and you simply fill out the certificate with information about the document and the signer, the date you notarized the document and a few other pieces of information — then you stamp the certificate paper, and staple it to the document.  The document itself might have the certificate on it which means that you do not have to attach a loose certificate.
 
What else do I need to know?
You could learn about how to use credible witnesses, signature by mark, and other types of notary procedures.  You should learn how to take journal thumbprints for your security in identifying potential frauds.  Become an expert on your state notary handbook (if your state has one).  You are responsible for all laws pertaining to notaries in your state.
 
Can a notary notarize outside of their state?
There are some weird exceptions in two states, but as a general rule, you are not authorized to perform notary acts outside of your state boundaries.  If you live near a border, consider getting commissioned in the neighboring state if that state will allow it.
 
How long is a notary term?
Notary terms can range from three years to life, however, the majority of states have a four or five year notary commission term.
 
How do I make money as a notary?
Become a mobile notary, get a loan signing course from 123notary.com, and advertise on our site to get business as a loan signer and mobile notary if your state allows loan signing!

You might also like:

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

Penalties for Notary misdeeds & misconduct
http://blog.123notary.com/?p=2067

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Where do credible witnesses sign the notary journal?
http://blog.123notary.com/?p=2508

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

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