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November 18, 2011

Notarizing multi-page documents

Issues with Notarizing Multipage Documents / Documents with multiple pages
 
Most notaries can barely function doing the simplest of simple notary jobs.  When confronted with anything harder than doing a simple Acknowledgment or Jurat signing where the signer has acceptable identification and can easily sign — will throw most notaries off guard. There are many situations where you need credible witnesses, subscribing witnesses, have a power of attorney signing, attorney in fact signing, or other issue which can become a snag to many notaries.  Multi-page documents (documents with multiple pages) seem easy to notarize, but are they really? There are issues, but is the notary you erroneously hired aware of these issues?
 
Page swapping after the fact
Most notaries think they are there to notarize signatures on documents, and that is it.  The bigger function of a notary is fraud deterance, and to identify the signer.  If a notary does the minimum of what their job description requires, they might be acting within the law, but are they really being helpful to their clients, or to society as a whole?  If a notary notarizes a ten page document or multiple page document, and the document custodian (whomever is in charge of the document after it is signed) decides that page four needs to be edited, then what? 
 
In some circumstances a corrupted signer or document custodian will substitute page four with a newly written page four.  He/she/they will unstaple the document, hopefully as cleanly as possible, remove page four, and add another very similar looking page four, and hope nobody notices.  If there are two signers to the document and both have a copy, then there is evidence of tampering, but what if you don’t have copies, or you lost your copies.  There is no way to prove that the document was tampered with other than the faulty looking stapling job which would make any judge say, “hmmmm” and raise his eyebrows (judges often have bushy eyebrows by the way).  
 
Should you have the notary come back?
One signer asked me to kindly give them a new notary certificate for the new page they were adding to an already notarized document. I told them that documents are notarized as a whole and that if you change even one word, that the whole thing needs to be re-notarized.  They didn’t like that since they had already paid a travel fee. I made them redraw the signature page too, since I wanted fresh signatures which reflected the fact that they were signing in agreement to the whole document.  All of my prudent behavior aroused tremendous resistance, “oh come on’s”, and other complaining. The law is the law.  If you want to screw around, you shouldn’t be hiring a notary in the first place, right?  So, I made them start all over again with a complete redraw despite their complaining, and we notarized everything, and it was kosher.
 
Safeguards against fraud
In the case of multipage documents, the most effective way to safeguard against fraud (page-switching) is to emboss all pages of every document notarize.  If someone protests your embossing, tell them that you don’t have TIME to go to court after they do something fraudulent with their document, therefor, you take precautions against any tampering by embossing every page.  It is hard to forge an embosser, and hard to use it in the same way a notary uses it.  It might be easy to spot a false notarization which is important to get you out of court fast.  Imagine how many hundreds you would lose every day you were hijacked by a court case!
 
Initialing changes?
Initialing is a technology that I don’t like much.  If someone adds a new page to a multipage document, the initials “prove” that all signers agree to it, and safeguard against page-switching after the fact.  But, initials lack the same characteristics as a well established signature.  People don’t initial that much, and it is easy to forge them without detection. I think that initialing is better than nothing, but a poor safeguard against fraud.  I feel that if a signer gives a thumbprint on all pages of a document, that is much harder to forge.  I see no harm in signing all pages of a document. That is better than initialing since a signature is usually consistant (more or less) each time you sign.  Initials might not be, and it is yet another mark with it’s own characteristics.
 
Notarizing multiple pages without initials?
Not all multiple page documents require initials.  It is up to the company who drew the documents if they want initials or not. There is no law requiring that documents have initials, but Deeds of Trusts and Mortgages normally have places for the borrowers to initial at the bottom of all pages.
 
Forging initials
It is common for Title companies to forge someone’s initials on Deeds if the signer forgets to initial.  Forged initials on date changes are common as well.  Illegally forging someone’s initials on a name change happens all the time.  It is very hard to know for sure if an initial is forged, but the people who illegally forge signatures, are usually overworked clerks in large companies who have very little time — and they are sloppy how they forge initials. The forged initials don’t look at all like the real ones.  These workers need to know that they might have to go to jail for a crime like forgery, so they should refuse to do it!

You might also like:

Signing agent best practices
http://blog.123notary.com/?p=4315

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

Fraud and Forgery related to the notary profession
http://blog.123notary.com/?p=2294

Loan signing process and pitfalls
http://blog.123notary.com/?p=2780

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November 13, 2011

Can a notary witness a will or notarize one?

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
You might also like:
 
Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

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November 12, 2011

Texas Notary Law and Journal Thumbprints

Notary Public Texas: Texas Notary Public Law and Journal Thumbprints
 
I am a person who likes to take precautions. Life is more fun when you have less disasters, right? Disasters are more likely to happen when you don’t take precautions, right?  Today, I was visiting our Facebook profile, which I generally do every day or two.  I notice an interesting response to one of my posts about how essential journal thumbprints are for your safety as a notary public in any state!  However, one lady wrote that the National Notary Association now counsels Texas Notary Public members (Texas notaries who are clients of the National Notary Association) NOT to take journal thumbprints due to house bill 3186.  This notary claims that the mentioned bill states that a biometric identifier (such as thumbprints captured for a commercial purpose may be disclosed only under certain circumstances and must destroyed within a certain amount of time.
 
I am not sure if I agree with the National Notary Association on this one.  But, on the other hand I am not an attorney and don’t give legal advice. I will say this though:
 
(1) If you are a notary in Texas, or any other state, and one of your signers is accused of identity fraud or forging a signature, without a thumbprint, you can not prove that they were the one that really appeared before you.  Picture identification is really easy to fake.  China has many experts who will sell you a professionally made fake for US$200.  You might end up in court for a week because you didn’t have a journal thumbprint.
 
(2) Thumbprints in journals are NOT taken for commercial purposes, but are part of a notary public’s official job in their official capacity. Notaries are offering a service which they may or may not be charging for, and the thumbprint is only a security measure used in conjunction with the service. Nobody is “Selling” a thumbprint in the notary public business. 
 
(3) A notary journal is the EXCLUSIVE property of the notary in Texas and in any other state that allows Journals.  Only people making inquiries about particular notarizations may  have access to a particular journal entry and this qualifies as disclosure only under certain circumstances.
 
(4) As far as destroying journal thumbprints, that is up to the county recorder who receives your journals at the end of your term. It is THEIR property when you end your term, and up to them what to do with the thumbprints.  Keeping thumbprint records during your term seems legal unless a specific law says you can’t keep them this long.  The thumbprints are to protect the public from fraud and are not used frivolously or shared with the public in any way.
 
In any case, if you are a Texas notary public, you need to be familiar with the notary laws of Texas, and that is your responsibility. Please take my commentary as opinions, because that is exactly what they are.

You might also like:

Multiple title companies told notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Thumbprint taking state by state
http://blog.123notary.com/?p=1689

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November 11, 2011

Notary Journal Thumbprints – they can save your neck!

Notary Journal Thumbprints
 
How adamant are you about taking journal thumbprints?  As a California notary public, you are required to take notary journal thumbprints for deeds effecting real property and power of attorney documents.  Notary thumbprint taking is a serious business and can keep you out of court.
 
Taking precautions as a notary
I have written other blog posts about precautions that notaries can take.  Notaries can use an inkless embosser in addition to an inked seal.  They can emboss every page of every document they ever notarize as a precaution against page switching which is a common crime that takes place after multi-page documents have been notarized. Taking a precaution of taking journal thumbprints is smart also, and can keep you out of court.
 
Suspicion of identity fraud
Let’s say that you notarized a signature on a document and that someone involved in the transaction suspects identity fraud.  The first thing they will do is to track down the notary who notarized the signature on the document and start asking questions about the signer. You will not remember the signer well, unless you took notes in your journal about what they looked like, how they acted, how old they were, etc.  But, if you have a thumbprint, that is absolute proof of the signer’s identity.  No two thumbprints are identical, and you can’t fake a thumbprint (forge a thumbprint) in front of a notary.
 
The investigation ended once I produced a thumbprint
If someone questions you about a particular notarization, and you say you have a journal thumbprint, the investigation might just end right there.  It happened to me as a California notary public during my first four year term. I saved myself from a potentially long visit to court.  I got a phone call from someone investigating fraud.  Someone had cheated some elderly people whom I had notarized.  One of the documents used to allegedly cheat them had been notarized by myself in my capacity as a California notary public. Since I had a journal thumbprint, the identity of the signers was no longer in question.  The person said they had no further questions the minute I told them I had a thumbprint. They didn’t even want a copy of the journal entry with the thumbprint.
 
Weak thumbprints with the elderly
The flaw of thumbprints are that elderly people often lose the tread on their fingers.  I am talking about really old people, perhaps in their eighties or nineties.  There is nothing you can do in that case, but at least you have a print, no matter how featureless it is. Personally, with signers over eighty, I recommend a retinal scan, which is not possible for a notary to take in 2011, but maybe in 2015… we can always hope.
 
Regardless of your state of commission
Whether you are a Florida notary public, a California notary, or notary in another state, if you are notarizing signatures on a power of attorney or real estate deeds, get a journal thumbprint whether it is required by law or not. That thumbprint could save your neck.  It is not a bad idea to require signers to give thumbprints for all documents and even oaths or affirmations.  It keeps them honest.  The minute they start making excuses why they shouldn’t have to be thumbprinted, that is suspicious behavior, and you might want to refuse service to them.
 
Bring wipes!
Don’t forget to bring wet naps or wipes of some sort.  It is polite to have something for the signer to wipe their hands off with.  Even with the NNA’s inkless thumbprinter which is a product I always had several backups in stock of, you should offer a wipe.  I strongly recommend having at least one inkless thumbprinter in your notary carry all bag!

Please visit our notary search page to see our notary public California page and notary public Florida page!

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You might also like:

Thumbprinting in Texas
http://blog.123notary.com/?p=19672

Multiple title companies told Notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Notary Public 101’s guide to Notary Journals
http://blog.123notary.com/?p=19511

Thumbprint taking step by step
http://blog.123notary.com/?p=1689

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September 7, 2011

What goes WHERE in your notes?

We have close to 7000 notaries, and most of them have written a notes section.  I am always stressing that the length and quality of the notes section strongly effects how many calls you will get.  I recommend a few paragraphs of notes. Browsers want to compare notaries and read through many different profiles before choosing who they will call first. If you leave your notes blank, or only have a few choppy sounding lines of text, I assure you that you will get left behind.    But, there is more.  Experience is very important and should go on top.

What goes at the top?
The first sentence or two of your notes is visable on the search results, and strongly influences readers.  Their decision to click, or not to click is heavily based on the first two lines of notes you wrote, and whether or not you offer 24 hour service, or are certified by 123notary.com.  It’s that important!  If you have reviews will strongly effect how many clicks you get too!  People write about many things in their notes sections. They write about their equipment, their coverage areas, types of loans they are familiar with, and experience.  They might also write about professional memberships, jobs they did before they became a notary, and anything else they think will impress or move a potential client.  If you look at all of these various types of information, there is one that triggers a reaction in the reader most, and that is what separates you from the pack: experience.

Put your experience at the top
If you have a lot of experience, that is the single most important trait that a client looks for.  If you are on the white glove list for some well known large company, that makes a huge impression.  If some other notary covers twenty counties and has some great equipment, that means something, but it doesn’t make up for lost experience.  Any fool can purchase expensive equipment, but how many fools have signed 15,000 loans with a 99.9% error free track record?  Any nitwit can sign a Reverse Mortgage (this is valuable experience by the way), but how many nitwits are on the approved list for some major American Title agency and have 20 years of experience? All pertinent information has a value, but there is a hierarchy to which information is the most valuable, and you need to put the most critical selling information (experience) on the top of the list.

What comes next?  Credentials & memberships
3rd party credibility is key to getting work.  If you say you are good and write well, that counts for more than nothing, but not that much more than nothing. If someone else says you are good, that counts more.  People who are already certified by another agency claim that they don’t “need” 123notary certification, however, to get the credibility of the green certification icon you actually DO “need” our certification.  That is 3rd party credibility from an agency who has been very serious about the notary business for 11 years and has 6500 clients.  Having testimonials is another form of 3rd party credibility.  So, writing about your professional memberships and credentials means a lot, and that comes right after experience.

Coverage Areas
Coverage areas comes third ideally. You can write about where you service, and which areas cost extra.

Specialties is fourth
If you want to put specialties as 3rd instead of 4th, it would be about the same.  Telling the world what types of loans you are familiar with is very important.  If you have a long list of impressive types of loans, you might put it higher on the list just to make an impression. If your specialties are very run of the mill doing refinances and reverse mortgages, etc., then put it third or fourth on the list.

Equipment & Insurance
Equipment can really make a difference and set you apart from the rest of the locals.  However, it is not quite as important as the other things I mentioned unless you have a very impressive mobile office which makes you one in a thousand.  If you have slightly above average equipment, you can mention it at the bottom just to be thorough.  E&O insurance can be put in the equipment section.  If you have a million dollars of E&O, then maybe put it in the first line to knock people’s flip flops off.  If you have been background screened or listed with the BBB, that could go here too.

Other information
If you want to talk about identification, legal considerations, or your unwillingness to give legal advice, put it here.  Parting notes should come here at the bottom as well.  I usually discourage discussing details of your rate structure, but that would be good at the bottom as well.

Here are some interesting things people put in their notes that stood out.

Keep in mind that some of the individuals offering these services are attorneys.

Adoptions; Probate; Preparation of Wills; Trusts;  Movie set notarizations; Constructions loans; Foreclosures; Medical power of attorney.;  Car title Affidavits; Durable powers of attorney;  Time-Share docuements; Rental Property Agreements; e-signings; Inspections; Debt Consolidation;  Courthouses; prisons; hospitals; Balloon mortgages.

You might also like:

Notary Marketing 102 – Your Notes Section
http://blog.123notary.com/?p=19788

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

Excerpts from great notes sections
http://blog.123notary.com/?p=1043

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April 24, 2011

Jury duty vs. human trafficking – they are more similar than you might think

Filed under: General Stories — admin @ 9:26 am

When we think of jury duty we think of doing our duty to our country in order to ensure one of the facets of due process in that we provide the opportunity to a defendant to have a fair trial that is free of bias, partiality, and prejudice. The down side of the way jury duty is practiced in the United States is that in order to ensure the rights of the accused, regular citizens are stripped of their freedoms for an indefinite period of time while they are trapped in long and arduous court cases — and often without financial compensation other than $15 per day which does not even cover lunch or a cab fare.

However, upon further and closer inspection it seems that jury duty is not only a sacrifice of the juror’s short-term rights for the benefit of a defendant, but much worse. Jury duty has many parallels with human trafficking and actually meets the definition of human trafficking to a T.

HUMAN TRAFFICKING
Human trafficking can be defined as the transport of human beings from one location to the other in order to perform forced labor or sexual exploitation. Although it normally includes various other types of abuses as a matter of practices, those other abuses are not part of the definition.

JURY DUTY
Jury duty involves what I call “self-abduction under duress” as a primary stage of the process. This means that a jury member or prospective juror forces himself into a vehicle of some sort because he or she realizes that he/she will face a $1500 fine or possible incarceration if he/she doesn’t comply with the request made in writing by the court administration. The mafia also makes threats when they want you to do something. They threaten you with physical harm or threaten to harm loved ones or your possessions. Maybe the supreme court is more similar to the mafia than we think.

Jury duty involves the transportation or trafficking or “self-trafficking under duress” of jurors or prospective jurors from one location to another (home to a court building) for the purpose of forced labor in the form of decision making shoddily performed intellectual labor. The irony is that most jurors do not have the intellectual capacity nor care enough about their cases to give the defendant a fair trial.

Here is a satirical line from one of my comedy routines:
“Your honor, I believe that jury duty is similar in essence to human tracking. Both involve the transport or self-transport of individuals from one location to another for the sake of sexual exploitation or forced labor. I am relieved that I am here for forced jury related labor and not for sexual services because quite frankly your honor — you’re not my type.”

LEGAL QUESTIONS
Kidnapping is the unlawful abduction, transport, and holding of a person against their will. But, is it lawful for the court system to hold people against their will in a court room? If a juror does not complain about being there it does not appear that they are being kidnapped. But, what id they do announce that they do not consent to being strong-armed into staying there? Denying a person their freedoms as a law abiding person is a violation of their human rights. Is it legal for a court to cheat you out of your human rights? Is holding someone in court against their will hostage taking, kidnapping, or none of the above? I am not an Attorney and don’t know, but it seems that a lot of these accusations are up to interpretation.

EXCESSIVE WAITING
Since America has a policy of offering a public trial by jury to criminals and also sometimes for civil trials, that necessitates having a jury. Whether the jury is assembled by paying them, giving incentives, or forcing them to come under duress seems to vary. But, putting aside whether jurors are consensually performing their duty or paid is one issue — whether they should be allowed to be required to wait for five hours in a room doing absolutely nothing is a very different consideration.

Imagine a brain surgeon whose time is worth $2000 per hour is summoned (or as I call it “drafted”) to do jury duty. But, all he does is sit in a room all day long. That is a gross waste of the individual’s time. And that waste is justified because the law stipulates that a jury needs to consist of a cross section of society. But, to get the higher level members of the cross section of society, is it fair to waste $1600 of their time having them just sit around? That seems criminal to me, yet society in its incompetence allows this.

The duration of trials is another point to be considered. Some trials go on and on and on with new evidence and witnesses being called in slowly day after day. If you have a critical job, you will get very behind while you are trapped in a court room which could affect your co-workers, boss, and customers. It seems that there should be limits as to how long a trial should last. It also seems logical that those with critical jobs be put on shorter trials. The courts used to honor hardship, but these days they do not which is dangerous.

Personally, I feel that for smaller cases, there should be an option to have a very quick trial where all witnesses come at once, there is almost no waiting time, and you get in and out in a few hours. Jury selection is another topic that takes time. But, a pre-selection could be done online or over the phone to see what a juror’s prejudices are which would help the court choose what type of case to put them on.

I wasted two hours in a court room where a police man was on trial a few years ago. I spent five hours waiting in the waiting room, then spent two hours in a court room only to find out that they couldn’t use me, perhaps because I mentioned having had several bad experiences with Los Angeles Police Department members. If my style of jury preparation had been used, all of the screening would have happened by phone the night before and they would have picked a nice short trial the next day for me to go to with no waiting time. Efficiency saves a lot of money, but the court system is government run and therefore not very good at erring on the side of efficiency.

I hope that my article was thought inspiring. I am very frustrated with having to do jury duty. I like being on a jury, but cannot stand being virtually kidnapped by the court system and than having my time wasted. When bank robbers rob a bank and then find themselves surrounded by the police, the hostages in the bank do very much the same activities you do on day one of jury duty — namely sitting in a room for hours on end doing absolutely nothing — oh, and having to ask permission to go to the bathroom.

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April 19, 2011

Judge Duty vs. Jury Duty

Filed under: General Stories — admin @ 9:27 am

Once upon a time there was a mean judge who never gave jurors a break. Many of the jurors on his cases had hardships meaning that nobody could replace them at work or that they didn’t get paid for even one day of jury duty. He caused so much suffering to so many people and didn’t even care. But, one day his luck changed.

The judge woke up in the morning, went to the kitchen to find a little box of chocolates on the kitchen table with a note. The note said that some people needed his help in Mexico to decide on a disagreement between cartels. He would receive instructions later. Someone had picked the lock and quietly entered, turning off his high-end alarm system somehow and getting out without making a sound. Obviously the work of seasoned professionals.

The next day when the judge went to work he noticed some shady looking people walking slowly through the neighborhood. He called the police, but the police informed him that they were not in fact committing a crime, so they could do nothing. That night he got a phone calls from a man with a Mexican accent telling him that he should get up early tomorrow and await further instructions.

By this point the judge was terrified and called the police again. But, the police said that no crime had been committed and that there was no evidence of a break in and no fingerprints either.

The next day, the judge woke up to find his car was missing, but there was a brand new Cadillac SUV in his driveway with keys on his kitchen table. There were instructions to drive to a particular municipal airport and not to call the police, otherwise there would be trouble. Fearing for the safety of the wife and kids he did what the instructions said and drove to the airport. From there he was escorted onto a small plane that flew into Zacatecas province in Mexico.

He was to do a quick trial between the Zacatecas cartel and the Sinaloa cartel. They ad a disagreement over money that would lead to a huge shoot out if not resolved quickly. The cartel guys who hired him informed the judge that although this is inconvenient for him, it will greatly benefit society if he provides his service. The judge agreed although he didn’t want to be there.

The judge was given free hotel accommodations courtesy of his contact person Juan who was very polite to the judge. Meals were provided by Juan’s sister Carmelita who made the best tamales in Zacatecas. But, tamales were not for free. They charged the Judge 32 cents per Tamale. Juan explained that at court snack bars, the jurors are not there by choice, but at least they get snacks for a reasonable price so he would extend the same courtesy to the judge.

The next day, the judge was informed that the expert witness would be delayed and the that court case would be delayed for two weeks. No phone calls were allowed during this time. Finally, the witness showed up, and there was another delay because the Sinaloa cartel couldn’t show up. So, a few more days waiting time. After 17 days, finally they were ready for a trial. The judge listened to both sides of this crazy argument and worked out an agreement.

After that the judge asked why they wanted him of all people. They explained that they didn’t like Mexican judges because they were all corrupt and that they wanted a nice gringo judge. It took the judge five hours to work out their problems. Then they flew the judge back to Los Angeles, gave him his car back and left him alone.

The next day, there was a thank you present once again on the kitchen table with cash paying the judge $15 per day for his service — exactly what California jurors are paid for their service. He also got paid 34 cents per mile radius from his hotel to the court room plus mileage fees for the flight to Mexico which was paid for by Juan. $468.26 cents was what the judge got for his service.

Meanwhile the judge lost his job due to being absent. The judge’s wife left him because she was terrified and his own kids were not allowed to talk to him. All for $468.26. On the other hand, he probably single-handedly prevented dozens of people from being gunned down which makes it worth while in some way, shape or form.

The moral of the story is that jury duty can be very beneficial for society and justice, but it also causes severe problem to people’s lives, their bosses, customers and family. The courts think they can pay pennies for disrupting our lives, but they don’t seem to understand how much harm they exact on us for some benefit to society.

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April 3, 2011

Notarizing an arsonist who blew his fingers off

It was just another afternoon, when I got a call for a notary job from an attorney in downtown Los Angeles. I was to meet the attorney at “Twin Towers” which is our most famous local jail to do the job. When I arrived, he was there on time in the waiting room. The room was filled with Los Angeles’ finest looking women, who apparently won’t date you unless you are a criminal. We had to fill out a small form and give it to the lobby guard. We then went through security and I took out all of the contents of my pockets: cell phone, wallet, coins, jacket, bag, belt, shoes, etc. The guards and parking attendants all knew me because I was a regular. They always went through my bag and asked about all of my various stamps, staplers, staples ( which are considered to be deadly weapons in a prison ), etc. They took my stapler apart to inspect its interior. Luckily I wasn’t strip searched. The guards often missed the refill staples in my which could be dangerous if they got in the wrong hands. Staples can be used to pick locks, and can even be a deadly weapon. Even a small piece of paper can be made into an instrument of death by jailbirds — so I hear.

The hallway of doom
Then, after security, it was time to traverse the hallway of doom. Each step down that lifeless  foreboding hallway had an echo and the distant sounds of metal doors clanking shut pervaded this ominous stretch of endless corridor. It twisted and turned at forty-five degree angles for hundreds of feet. The walls were made of cement bricks and there is always a stark and desolate feeling. For those of you who have never done a jail job before, there is always an ominous long hallway. Every jail has one, or at least should have one just to set the mood. If you go often enough, you will no longer notice the feeling of dread, apprehension, or the echo that each footstep makes on your seemingly endless journey to the elevator. Think of what it feels like to go down that hallway all alone on your first visit!

The elevator
Then, after what seemed like an eternity, we finally got to the elevator. We used the intercom to get permission to visit the fifth floor. We waited for what seemed to the lawyer to be like an attorney-ty. I mean, an eternity. We finally got to the fifth floor. We had to ask the guard to get Gary so we could notarize his signature.

Meeting the inmate
I noticed that Gary had been in an accident. His face was cut up and he was missing parts of his fingers. He had a hobby of making explosives and he had accidentally blown up his apartment and lost one eye, and several fingertips in the process. Terrifying!  But, he was a very gentle soul, kind at heart. He had only nice things to say about the guards. Not surprisingly, I had a bit of trouble getting the required thumbprint. I took a fingerprint of an index finger instead of a thumbprint and made a notation in my journal of which finger on what hand I used.  Then we notarized one or two documents.  We left after that.  They attorney had Gary’s identification.

I went to see the same inmate two months later with the same attorney. The inmate was looking much better. The cuts and scratches were mostly healed. Unfortunately, his fingers hadn’t grown back.

Meeting the jurors by coincidence.
The real irony took place eight months later when I went to notarize two Asian-American residents of West Hollywood. I thought I was just going for a regular notary job. They said they needed documents notarized regarding a court case. They said the case was about a guy who blew up his apartment. I said, “His name wouldn’t happen to be Gary?”.

Their jaws dropped.

.

You might also like:

A notary caught some frauds who stole credit info while at a hotel
http://blog.123notary.com/?p=20090

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April 1, 2011

The Judge, The Jury & Waiting Room

Filed under: General Stories — admin @ 9:28 am

I am always upset when I have to do jury duty. I like being on a jury, but all the waiting time, delays, and inefficiencies drive me up the wall. Most of all, I don’t like being held captive for an indefinite period of time. I have things to do and I lack patience.

I think that for a jury to give someone “justice” they should not only be impartial, but intellectually capable of understanding a complicated case with conflicting information. Additionally, they should have the discipline to go through all aspects of the case during deliberation point by point in a meticulous way. When I was on a case, the other people did not want to discuss the case during deliberation. They all made up their mind within one second just like that. I was a bit offended, but what could I do. I wanted to discuss the benefit of the doubt, but they wanted to vote guilty as they had no doubts.

For a jury to be a good one, people should be tested to see if they are really impartial and can make fair decisions. Most people cannot. Most people don’t have the patience to sit in court for days and sort complicated issues out. But, what if juries were trained and selected so that only people who were fair and disciplined could be on a jury. And what if those people were paid as well? This is not the same as being a professional juror, but a screened juror. Just my idea.

THE STORY
A judge had to be in court by 11am for his case. He went to the gas station. It was closed, and there was a sign on the front saying, “closed for jury duty.” A guy cleaning up in the back called the clerk for the judge. The clerk was in the court building but in the waiting room doing nothing. The judge was out of gas and needed help. He needed to be towed to the next closest gas station, but the tow truck only took cash. So, the judge went to the bank, but the bank had a line 80 people long because most of the tellers were on jury duty. The manager at the bank called the tellers on the judge’s behalf only to find that they were also in the waiting room and not on a case. Finally the judge called the tow truck company and told them he could not get cash in time. They said it did not matter anyway because they were short staffed as their main driver was doing jury duty, but once again not on a case as he was in the waiting room.

Having juries is an important part of American due process and justice. However, society suffers when services are not rendered because people are on a jury. Perhaps that is a price that society has to pay for justice. But, society also pays a price when the court system virtually hijacks people and makes them sit all day in waiting rooms — however, there is no benefit to society to force people to sit idle for hours on end. Maybe one day the court system will figure this out.

In any case, the judge had to walk to court in the rain. It took him two hours. But the time he got there it was 12:30pm. By the time he got there the jurors were all at lunch. So, he had to wait until 1:15pm to get started. Finally, 1:15 arrived, a bunch of jurors came up to see if they could be selected. However, the case involved a police officer who had been involved in some type of misconduct. The prospective jurors were interviewed briefly by an Attorney who dismissed all of them as they all had some type of bias against police officers. The moral of the story is that the jurors had their time virtually stolen from them not for jury duty but for court inefficiencies which was bad not only for them, but for their clients.

The tow truck juror gave the judge a lift to his car, and then came back with a tow truck, and then towed him to another gas station. The judge got gas, thanked everybody and then went home only to find a summons. The judge had been selected for jury duty. He would have to give up all of his cases indefinitely because he too had jury duty and would be on the hook indefinitely as they don’t accept hardship as an excuse anymore.

I hope you enjoyed my cute story. The moral of the story is to screen people over the phone or using an app rather than having people sit doing nothing all day long for no reason. I’m sure the millennials will agree with me on this issue.

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March 3, 2011

Mobile Offices from A to Z

Mobile offices and their advantages
 
One of our notaries in Maryland commands higher prices for his loan signing services due to his expertise in signings and also because he has a mobile office which facilitates last minute notary jobs and last minute quick changes to documents.  This notary has state-of-the-art equipment that comprises his mobile office in his pickup truck.  He has a scanner, regular sized printer, laptop, extra toner, paper, a special inverter, cables, a powerful alternator, and extra heavy duty fuses.  His internet connection is courtesy of Verizon Wireless Broadband.  Additionally, he considers it really important to have a really powerful battery because the equipment puts a heavy load on the battery.  Another interesting fact is that he uses a police squad laptop holder so he can work comfortably while in the drivers seat.   He prints by putting the printer in the back seat.  His wires are directly wired to the car’s electrical system instead of using a plug in that would go in the cigarette lighter.
 
What are the technical issues of a mobile office?
This notary started his mobile office in 2004.  He has lots of experience with mobile offices and the issues related to them.  He claims that someone with a regular car might not have enough battery or alternator power to handle the load of a laser printer.   He used to blow fuses to do overload, but learned that buying top of the line heavy-duty fuses and having a state of the art alternator he could handle the demands of the job.  Our Maryland notary public learned that it was not technically feasable to run a printer and laptop simultaneously using his mobile office.  So, what he does is to put the laptop on battery only while printing documents
 
Printing
With a mobile office, a signing agent can download documents while you are driving.  Imagine the time you can save multi-tasking.  Our Maryland Notary Public uses a regular sized printer without any issues.  However, the printer gets hot, so a firewall is necessary.  He uses wood covered by velcro to make sure that no fires are created when he places the printer on a seat or on the floor. 
 
How does this help his business?
You can get more money for signings having a mobile office because you can do last minute quick prints of last minute documents.  Imagine that the lender has a quick change to the Settlement Statement or other critical document.  No problem, it can be reprinted at the signing.  What if there is a quick name variation change, or change for a critical figure in the loan.  Again, this is easy to printout at the last minute.  Many loans have to be completely rescheduled due to the notary’s lack of equipment, but not if you have a mobile office!
 
What does it cost?
You could spend $2000-$3000 for a mobile office.  The inverter is about $100 and thats critical for good electrical flow.  Scanners and printers a few hundred each.  The biggest expense is the laptop, and those can run anywhere from $500 to $2000 per unit.

Tweets:
(1) One of our notaries commands a higher fee simply because he has a sophisticated mobile office!
(2) Having a mobile office is perfect in the “unlikely” event that a lender sends you docs late when ur on the road.
(3) You could spend up to $3000 for a really good mobile office. Don’t forget to start w/an inverter!
 
You might also like:
 

Erica’s mobile office story

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