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April 17, 2011

Seal Forgery – it happened to me!

Seal Forgery – it happened to me
I notarized a set of loan documents for a company back in 2003. It was a regular signing and nothing went wrong. You know how companies sometimes request that you send them another “Jurat” if the stamp isn’t clear on the initial one? California notary law requires that certificates be attached to the original document for security reasons. This means stapled. But, the loan companies protest whenever you ask them to send you back the document and ask why you are being so difficult. For many signing companies, the idea of obeying laws means you are being difficult. The company that forged my stamp did not ask for a loose Jurat, they were in a hurry and pulled a fast one.

I heard about it from a third party
A third party contacted me asking if I had notarized a loan package for a particular borrower. I couldn’t find the information in my journal for the specified dates, or even for the specified month. We figured that it must be a company that I had worked for before that had an impression of my seal on one of their loan documents, since I didn’t notarize that particular borrower’s loan that was in question. We had to be detectives to figure out what had happened.

Copying my seal
This company copied an impression of my seal that was on someone else’s loan, and copied it onto an Acknowledgment certificate for an entirely different loan that I had never had anything to do with. It was hard to tell since photocopiers are so good. I asked the third party to send me the notarized document and its Acknowledgment certificate. The forging job was so pathetic, it was funny when I saw it. The seal looked legitimate to my eyes, since I couldn’t tell it was copied. However, there were tell tell signs that I had not notarized this document.

(1) I always used an embosser on every page of every document. Embossers leave a raised impression in the paper. This document had no raised seal on it.
(2) The signature was a very girly signature which didn’t match mine even slightly. The lines of the signature were very curly and the i’s were dotted with cute little circles that only a girl would make like that.
(3) The acknowledgment certificate wording didn’t have the he/she/them and (s) verbiage crossed out where appropriate indicating that the person who fudged this job couldn’t have been a notary, or at least was a really pathetic notary.

I told them:
After I saw this pathetic attempt at something which is not even good enough to qualitfy as forgery, I told the third party that I had definately not notarized this and that it was fraud. Additionally, there was no journal entry to back up this job, and I took journal entries for all transactions in all cases.

My advice
If you always use an embosser on all pages of all documents, you deter the switching of pages after the fact on documents you notarized. You make it almost impossible for someone to get away with forging your notarizations. Additionally, you impress your clients with how thorough you are which can gain you more business. An embosser is less than $40, so get one today! Some states will require a government issued authentication of permission to get an embosser, so apply now!

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April 15, 2011

Leave a few spaces open in your journal?

Leave a few spaces open in your journal
 
Have you ever heard this phrase before?  These are the words a lender will tell you when they want you to backdate.  If you leave a blank page in your journal a day before the signing, then it will look like you really did notarize their loan documents on the date that you claimed you did.  This is completely illegal, but this is what many lenders will ask from you when they are in a pinch.
 
The lock
Lenders can offer their borrowers a particular rate, but there are expiration dates.  If a loan has a lock that expires on the 28th at midnight, and the loan documents were not ready to be compiled, sent, printed, etc., on the 27th or 28th, then the lender is in a bind. They will have to redraw all of the loan documents all over again and have a slightly higher rate, and an irate borrower. To save themselves this nightmare, they will often ask the notary to fudge a date when in this situation.
 
It’s your notary commission
If you get involved in this type of fraud, you could get fined by your state notary division, lose your notary commission, or perhaps even be looking at jail time.  Since there is no intent to harm anyone, jail time doesn’t seem probable, but laws differ from state to state, and the laws are always changing.
 
Lose the client?
I was asked to do this a few times.  I said no, and lost the client. Maybe I’m better off. Lenders love notaries who will lie, cheat, and steal on their behalf.  They will love you if you can look at a loan which is an obvious rip off and say nothing while the borrower is signing it. Of course, its not your job or entitlement to make commentary about someone else’s loan. You will be making someone lose thousands by butting in, and its not your right.  Lenders also love someone who will forge an initial or put yesterday’s date on a Jurat certificate upon request. You would not believe how many Title company staff members have forged omitted initials on Deeds of Trust, and other documents that require initialing.  Few of them would dare forge a signature as that would involve jail time, but some feel that its open season on initials.
 
Just say no
Don’t get involved in this nonsense. Its your life, your karma, and your commission.  If you get armtwisted once, you could easily get in the habit, not to mention feel ashamed for the rest of your life.   Additionally, it is recommended that you avoid screwy companies like the plague. These are exactly the same companies who will have no qualms about cheating a notary out of their pay for little or no reasons at all.

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http://blog.123notary.com/?p=20272

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Everything you need to know about journals

Signing agent best practices

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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.

.

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February 20, 2011

A Seinfeld Episode about a Notary

Filed under: Sit-Coms — admin @ 12:26 am

Jerry – Hey George, lets go get a bite to eat down the street.
George – Hey Jerry, I’d love to, but I have to go.
Jerry – Why? What’s the rush?
George – Ah… I gotta get something notarized.
Jerry – Notarized? Wow, that sounds important.
George – Oh, it’s nothing really, just some stuff for work…. I do it all the time.
Jerry – Work? You don’t have a job.
George – Well, I sort of do now. Gotta go.

———————————-
George – Hi, I brought the document…. and my ID. Here it is.
Notary – Great George, you’ve finally got your act together, no spending half an hour fumbling through your briefcase anymore.
George – Well, you live and you learn, hah!!!
Notary – So what kind of document do you have today?
George – It’s an affidavit that I agree to do some deliveries for my employer.
Notary – Deliveries, you’re moving up in the world.
( notary opens his journal )
George – Hey, what’s that, you notarized a document in Chinese? You don’t understand Chinese.
Notary – I can do that … hey! Why are you looking at my journal, you’re violating MY privacy. Do you mind?
George – Sorry, it’s just that you opened it and I couldn’t help noticing. It was in my “range of vision”, right?
Notary – Okay, please sign the document. Please raise your right hand. Higher… that’s good. Do you solemnly swear that you agree to the statement in this document?
George – I do.
Notary – Okay, here’s your Jurat.. Let me staple it.
George – Ummm… could you use the round seal.. I was just thinking.
Notary – This is the seal I use, okay? Hey, whose business is this anyway?
George – Okay… but, could you thumbprint me?
Notary – Thumbprint?
George – Yeah, you know… a journal thumbprint. I heard that was supposed to be good. You know.. Deter fraud.
Notary – I’m sorry, but you’re not… thumbprintworthy.
George – What? Not thumbprintworthy?
Notary – It’s running low on ink. I only have a dozen or so impressions left in the pad, I’m SAVING it for a Deed or something important.
George – Hey, I have people who can vouch for me. I’m thumbprintworthy baby!
( George calls Elaine )
George – Elaine – I’m at the notary, and I want him to thumbprint me, but he says I’m not thumbprintworthy?
Elaine – What? Not thumbprintworthy? I would thumbprint you any day. In fact. You are as thumbprintworthy as they come. Give the notary the phone…… Hello? Mr. Notary? I formally vouch for George — he is the most thumbprintworhty person that exists.
Notary – You and your friend are a lot of trouble. George — You’re BANNED!!!
George – Banned? You can’t ban me, you’re a PUBLIC notary, you are obligated to serve the public
Notary – How do you know that? Public Schmublic. You’re banned from my services. Pay me my fee…thats $10.. and get out!
George – Hey, look out the window!
Notary – What?
( George SWIPES the thumbprinter and leaves while the notary is looking out the window )
————————————————————————–
Kramer – Clarissa, Clarissa, how can I describe my love .. for you… oh… Clarissa.
Clarissa – I told you before, I don’t date guys from Brooklyn.
Kramer – But, wait a second, you think I’m from Brooklyn. No, no… you’ve got it all wrong. I’m from Manhattan. I just hang out at
a friend’s house there. He lets me use the house while he’s away. He gave me key privileges.
Clarissa – You expect me to believe that? Key priveleges. Nobody gives their key to anyone in New York, not even their own parents.
Kramer – Oh,… he gave me the key. My friends are like that. Look, I even have Jerry’s key. I go over there whenever I feel like it. You see, Jerry and I… we understand each other. And he’s cool about it too. He doesn’t even mind if I eat his FRITOS once in a while.
( phone rings )
Jerry – Hey Kramer
Kramer – Hi Jerry, how’s everything? I’m with Clarissa now.
Jerry – Oh…. Clarissa. I remember her (unenthusiastically). Hey, by any chance, you didn’t happen to have eaten any of my FRITOS, did you?
Kramer – Fritos, oh, yeah, I didn’t know you needed them.
Jerry – If I didn’t need them I wouldn’t buy them. You’re violating your key privileges. Keep this up. and I’ll de-key you.
Kramer – No… not that. I need my key.
Jerry – Well, I’m going to have to draw up a “covenant of the key.”
Kramer – A covenant? Nobody does that.
Jerry – They do now. Keep this up, and you will be in violation of … the covenant of the key!!!
( Jerry hangs up )
Kramer – Clarissa, Clarissa, what can I do to win your love.
Clarissa – Okay, you seem like a nice guy, so I’ll give you one chance. Get me a notarized affidavit stating that you live in Manhattan and give me your address. I’m leaving at 7pm for France, so get it to me by then!
Kramer – Anything for you.. my Clarissa.
————————————————————————————–
( Kramer calls George up.)
Kramer – George, you gotta help me. I’m in trouble, It’s urgent.
George – What, are you having appendicitis or something?
Kramer – No, its not a health emergency, its a … a LOVE emergency.
George – Oh… Love.
Kramer – Clarissa wants an affidavit saying that I live in Manhattan. She doesn’t believe me. You know that notary guy on the West side, right?
George – Oh, yeah, yeah.. But, um.
Kramer – What?
George – There’s a small problem.
Kramer – What?
George – I’ve been banned.
Kramer – Banned? No, you can’t be banned. You can’t be banned by a notary.
George – Oh yes, I’ve been banned.
Kramer – Well, he doesn’t know me, you gotta help me.
George – Okay, I’ll give you his number. But it’s 4pm now and he leaves at 5pm.
Kramer – I need to get it to Clarissa by 7pm… It’s … an emergency!
George – Okay … here’s the number. Call him now and make an appointment.
Kramer – Thanks … you’re wonderful.
——————————————————————–
( George drives Kramer to the appointment because there is no parking there )
Kramer – Hello, are you the notary?
Notary – Yeah, how did you hear about me?
Kramer – Oh, the yellow pages.
Notary – Yellow pages, eh.. Well I don’t advertise in the yellow pages. Only by word of mouth.
Kramer – Oh, maybe it’s the OTHER notary I found in the yellow pages.
Notary – Alright wise guy, what do you want?
Kramer – I need an affidavit notarized. Can you squeeze me in?
Notary – Okay. Be here at 4:15.
Kramer – Okay
——————————————————————-
(kramer arrives at the notary office)
Kramer – Hi, I’m Kramer
Notary – Paul…. let me see your ID.
Kramer – ID? I don’t think I brought it with me.
Notary – No ID, no notary, pal…
Kramer – Hold on, I think I left it in the car.
Notary – You got a parking place here? You must be a genius. Where did you park?
Kramer – I got lucky, I guess.
( Kramer runs down the stairs and comes back huffing and puffing with the ID )
Notary – I looked out the window. You didn’t park. You’re WITH someone.
Kramer – Oh, that’s just a friend.
Notary – Okay. Where’s the document
Kramer – Here it is.
Notary – An affidavit swearing that you live in Manhattan. What kind of a nut would want you to sign this?
Kramer – Oh, she’s a nut alright. You should see her.
Notary – I’ll pass.
Kramer – Hey, by the way, my friend usually has this done with a circular seal, do you have one?
Notary- (thinking out loud) Circular seal, didn’t the guy yesterday ask me for that?
Kramer – Oh, and could you … thumbprint me? I want it to look official.
Notary – Thumbprint? and circular seal, that sounds just like the last guy… WHO GOT BANNED! George was his name. It’s right here on the previous page. George Costanza. You know George.
Kramer – No really, I don’t know him.
Notary – Yes you do… He’s the one waiting for you in the car.
Kramer – No he’s not.
Notary – I’m going down, I want to see for myself.
( Kramer and notary go downstairs )
( Kramer motions to George to go and makes a motion near his throat )
( George shrugs his shoulders in confusion – then George sees the notary and bolts )
Notary – So it is George.
Kramer – I don’t know who that is. You didn’t even see him
( Kramer’s phone rings – the notary grabs the phone )
George – Kramer, he saw me.
Notary – AHA! It’s me. You’re the guy that got banned.. Well now your friend is banned too!
Notary – and YOU took my thumbprinter, it’s been missing ever since you were here last. Give it back!
Kramer – No… no…now what am I going to do.

——————————————————————————-
( Kramer and George drive off )
Kramer – Now what am I going to do. It’s 5pm and everyone is closed. Do you know any late night notaries?
George – Yeah, but you’re not going to like this. He’s in Brooklyn.
Kramer – That doesn’t matter.
George – Okay, let’s go.
—————————————————————————-
Brooklyn Notary – Hi-ya fellows. How’s everything?
Kramer – Its been a long day.
Brooklyn Notary – Why? What happened?
Kramer – What didn’t happen? Listen I need this form notarized. You wouldn’t happen to have a thumbprinter, would you?
Brooklyn Notary – Well, actually, mine just ran out of ink. I got a bit carried away, and used it on people who were not… well you know.
George – Say it, say it…. thumbprintworthy.
Brooklyn Notary – Well, I never thought of it like that.
George – You would never believe this, but I happen to have .. a thumbprinter!
Brooklyn Notary – where did you get this?
George – From a friend.
Brooklyn Notary – Great. Just give me the document.
Kramer – Here’s my ID.
Brooklyn Notary – It’s okay, I know your friend, that’s good enough for me.
Kramer – But, the law… you gotta have an ID.. I want this to be legit!
Brooklyn Notary – yeah yeah sure sure. I’ll put this all in the journal.
Kramer – Can you do the thumbprint now?
Brooklyn Notary – Sure… Here you go. Your Jurat … Notarized and all.
Kramer – How can I ever thank you.
Brooklyn Notary – It’s nothing.
———————————————————————————-
( Kramer and George drive back over the bridge, battling traffic, and make it to Clarissa’s house by 6:55 )
Kramer – Clarissa, my love. Here it is.
Clarissa – Oh, I’m so touched, so you really do love me!
Kramer – You don’t know what I had to do to get this.
Clarissa – Oh Kramer, I ….. LOVE ….. ( she glances at the document )
Clarissa – KINGS County?… wait a second. If you live in Manhattan, why would you get it notarized in Kings County? That’s Brooklyn.
Kramer – It says Kings County on it?
George – Yeah, you see, this is the Venue, and on the Venue it says Kings County. That just means where it got done. It doesn’t matter. You live in Manhattan.
Clarissa – We’re through. I’m leaving. I’ll send you a postcard from Paris.
Clarissa – Hasta la Au Revoir – Baby
————————————————————————————
Kramer – No, no, no…. it’s all because you got banned. How did you? .. Oh…It’s the thumbprinter. He banned you because you took his thumbprinter.
George – No Kramer, that happened after he banned me. I swiped it while he wasn’t looking.
Kramer – No, it’s the thumbpriner, you got us all in trouble.
Kramer – I have an idea. You can give it back to him and get him a new one, then he’ll be back on good terms with you.
George – You’re crazy.
Kramer – I insist. I need a good notary in Manhattan. He’s close. You gotta do it.
———————————————————————————
( George and Kramer go buy a thumb printer and go back to the Notary – he is there late at the office )
George – I just wanted to say… I’m sorry. This thumb printer somehow got shuffled up with my stuff and I didn’t even realize… Silly me.
Notary – My thumbprinter, it’s back…. I needed you…. Oh thank you..HOW COULD YOU!
George – It was an accident.
Notary – And you contaminated it with your germs. Now it’s tainted.
George – Now wait a minute, it’s a thumbprinter, its job is to be touched by OTHER PEOPLE’s Thumbs.
Notary – You used it, didn’t you.
George – Listen, we felt so bad, we went all the way to an office supply store and got you a brand new one.
Notary – Thank you… I’m touched…
George – Now can you notarize my friend. I’ll pay you double
Notary – Sure, come by any time.
( The Notary notarizes Kramer with the rectangular seal… not the circular one… and thumbprints him )
Kramer – Thank you so much…. Now my document is legit and has New York County on the venue. Clarissa will come back to me… My Clarissa.
————————————————————-
( Kramer and George leave )
Notary – That’s funny, the ink doesn’t come off. I must have gotten some ink on my thumb when I thumbprinted Kramer. And it got on my shirt. My shirt is ruined. And it’s on my table too.
—————————————————————-
(Kramer calls Clarissa… she is at the airport and her flight delayed.)
Kramer – Clarissa, I got it renotarized by a notary in New York County in Manhattan in my neighborhood.
Clarissa – I’m still at the airport, I’ll be here until 11. Get it to me.
Kramer – Okay.
(Kramer and George drive to the airport and get there at 9pm.)
Kramer – Here it is. Notarized in Manhattan. West 88th Street!
Clarissa – Wow, you really do love me. I will date you after all. Give me a hug.
( Kramer and Clarissa hug good by )
Clarissa – I’ll see you when I get back.
——————————————————————
( the plane takes off. Clarissa goes to the bathroom and comes back )
Clarissa – Hm, thats funny, there is ink on the back of my chair. Do you see ink?
Flight attendant – Hm, that does look like ink. Have you been thumbprinted recently?
Clarissa – No, why would I be thumbprinted?
Flight attendant – You know, when you go to a notary. You get thumbprinted. You must have forgotten to wash off the ink.
Clarissa – I was never notarized…. wait a second…. When Kramer hugged me, he put his thumbs on the back of my blouse and that got on the chair. Does my blouse have ink on it?
Flight attendant – Yes it does. You’ll have to bleach that a few times.
Clarissa – No!!!
( Clarissa gets to Paris and calls Kramer )
Clarissa – Nous sommes finit!!! We are over!!!
Kramer – What????

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February 1, 2011

Best excuses why a signing company didn’t pay their notary

Filed under: Tips for Getting Paid — Tags: , — admin @ 2:34 am

Top excuses why a signing company doesn’t pay the notary 

After looking through my list of signing companies today, I saw that the majority had more negative reviews than positive ones.  It is a shame.  Please do your homework BEFORE you accept a job from any of these characters.  However, if you ever want to start a signing company of your own, and string notaries along, you need to learn the ropes.  Here are some basic stringing along techniques.  If you follow these techniques to a tee, then I can almost guarantee you that you will get in trouble with the BBB, the FBI, ripoffreport, perhaps even the district attorney and even the Secretary of State if you are lucky! Additionally, you will win the grand prize of having everyone hate you, creating the worst possible karma imaginable,  and going out of business for sure which is the goal of 90% of signing companies – or so the evidence makes it seem.
 
Excuses for not paying notaries
 
1.  We pay the second Friday of each month… that Friday hasn’t come yet.
2.  Oh, sorry, my accountant is out sick this week (and probably every week)
3.  My Quickbooks keeps crashing
4.  My brother deleted the email you sent asking for payment
5.  My apologies, I lost your fax invoice… and the one before that… and the one two weeks ago on Thursday too (oops!)
6.  The check was sent out three days ago… check your mailbox
7.  Sorry, the loan never funded, so I can’t pay you
8.  Sorry, I’m not in charge of payment, please talk to Marsha (who never answers the phone or emails by the way)
9.  Sorry, but you made a mistake on the HUD-1, and we are telling you now!
10. Sorry, but we took over for XYZ company, and our new name is ZYX, and we can’t assume responsibility for their business with you.
11. We sent the check and here is the check number (a number which doesn’t exist)
12. You never sent us an invoice!
13.  Oh, sorry, did the check we sent you bounce?
14. Sorry, the check must have gotten lost in the postal system.  Maybe it’s because of their pay cuts!
15.  Sorry, checks are being sent out late, we are experiencing a “temporary” cash flow issue.
16.  We pay 60 days after the closing (take your chances!)
17. We are having a hard time getting in touch with the accounting department!
18.  Sorry, our phone is disconnected!!!
19. We can’t pay you until we get paid!
20.  Sorry, we don’t have a copy of your W-9 in our files! (even though you faxed it six times)
21.  Conversations always begin with – I have the easiest job for you today — but then it’s not so easy to collect on it.
22.  Sorry we were rude to you on the phone!
23.  Sorry, but the title company refuses to pay for second visits, even though it was because the documents weren’t drawn correctly the first time!
24.  The check will go out in the “next batch”.
25.  I am owed more than $100,000 and am paying as fast as I can.
26.  You were supposed to collect from the borrower for this signing — that was the arrangement (even though we didn’t tell you beforehand, and even though the borrower’s settlement statement shows a $175 fee for notary on it that already was paid.)
27.  You will get an answer in 10 business days!
28. It takes 3 months for the loan to fund.
29.  Please call back in five weeks because we have a “change in our system”
30.  An “email” will be sent to accounting
31.  Sorry, you must have been faxing to Gary… Gary is no longer with us.  I am the new contact person… just fax me your invoices for the $600 we owe you… It will get paid right away… I promise!!!
32. Sorry, we can’t pay the whole thing, we’ll send a partial payment!
33.  Please hold…….
34.  The check is in the mail…
35. Sorry, we didn’t have your current mailing address!
 
A third notary told some great stories.  He heard from R&R that they thought the check was in the mail.  The next excuse was that their Quickbooks crashed.  The manager’s brother deleted his email, and they kept losing incoming faxes.  Boy… I should write a book of excuses why signing companies can’t pay their notaries.
 
I have also learned that you can get convicted of wire fraud for engaging in crime via the internet! 941 18 U.S.C. 1343
 
Tell us your favorite (or least favorite) excuses.  It makes for good conversation.  If you RESEARCH your companies before you work for them, you won’t ever hear these type of excuses to begin with!

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Notary Marketing 102 guide to getting paid
http://blog.123notary.com/?p=19794

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January 29, 2011

Attorney States in the Notary Profession

Filed under: Technical & Legal — Tags: — admin @ 11:57 am

What is an Attorney State? Is that a state where everyone who resides there is an Attorney? What would they do all day long besides wake up, have breakfast and sue everyone? Or does it mean for an Attorney to state a fact about something? Neither.

An Attorney State is a state in the USA where only Attorneys are supposed to be able to do loan signings. Anyone else who facilitates a loan signing could be convicted of the unauthorized practice of law — or so I’ve heard. However, in these states which currently are Massachusetts, South Carolina, and Georgia (possibly a few others too) we do have Notaries who do loan signings for a living. They often do signings for out of state properties and think that they can get away with it.

One Attorney in Georgia that I talked to told me that if your two feet are on the ground on Georgia soil (or perhaps a hardwood floor) that you cannot conduct loan signings unless you are an Attorney — regardless of where the property is. Hmmm. Looks like people are breaking the law.

One Notary listed on our site got fined $40,000 over ten years ago or almost got fined that amount. They had to hire an Attorney to defend them in court. What an ordeal. And this was for unauthorized practice of law because they were doing loan signings.

If in doubt, consult an Attorney to see what your rights are as a notary to do loan signing in your state and ask what constitutes UPL as the definitions are frequently very arbitrary and convoluted.

You might also like:

UPL — Unauthorized practice of law in the notary profession
http://blog.123notary.com/?p=21317

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

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Flipping cars: ride with a quick-thinking WV Notary

Filed under: General Stories — Tags: — admin @ 3:23 am

One successful West Virginia notary public explains, “I do a lot of car title work for guys who flip cars. You know, buy them and then sell them quickly for a profit. I notarize all the documents that need to be done. A lot of people do this part-time to earn extra money. They buy cars from private people or even from auctions. They know about cars, and they know how to repair them. But they don’t know about fraud, ” explains the WV notary. “Through all my dealings with young men in this business, I have learned how dirty the used car market is and how to recognize a fake check or a counterfeit money order. Fraud is also a big business, particularly when people are out of work” she comments.

“One time,” says our bright-eyed West Virginia notary, “this gung-ho young man called me and told me he had just sold a car for $3000. Wanted me to notarize the car title so he could turn the title over to the buyer. In West Virginia, you have to notarize the car title. I met him a few minutes after his call. Anyway, in this situation, the seller had just given the car to the buyer a few minutes before. Oops.”

“This young man named Chris, the seller, showed me three money orders for $1000 each. I questioned that. Why would a buyer give him three separate money orders? I told the seller and suggested he wait before cashing them. He needed a ride home. When I gave him a ride home, we passed a bank. I asked Chris, ‘Let’s just stop for a bit. I know someone at this bank. My friend the manager knows all about counterfeit money and fraud, and has testified as an expert witness,’ I told him.”

“I took the money orders into the bank and showed them to the manager, who happened to be filling in for a teller that day. She touched one of the money orders and said they were fake! ‘Rub this circle, ‘ she said, pointing to a place on the face of the money order. ‘It did not turn white.’ She explained that it did not use the proper ink and chemical process and showed me it was also missing a line and some hidden text next to a watermark. The ‘buyer’ had probably gotten the counterfeit money orders off the Internet, where there is also additional information about the counterfeit money order scam,” explained our West Virginia notary.

“I went back to the car. Then, I called the buyer and told him my husband worked for the sheriff: ‘If you don’t return the car, you’ll have a whole batch of police on your back and worse. Fraud is a federal offense…’ Then I rattled off the penalties, which I happened to remember He got mad and tried to lie, but I told him to hold the BS and told him where to meet us off the Interstate. He was only 5 minutes away. We recovered the car!” smiles our West Virginia notary. “Over the past few years, I have done a lot of notary work for this young man. And– he is going to write me a review–not that I understand how that will help me,” she adds.

Over the past few years, this notary has kept in touch with Chris, who has provided her with a lot of referrals. Her husband the sheriff? That was a bluff; but by standing her ground and using her righteous indignation and knowledge, this notary did a good deed and also upheld the law. Pretty good for a morning’s work!

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January 26, 2011

5 Benefits Of Notarizing Your Business Documents

Filed under: Other Guest Bloggers — admin @ 4:25 am

The government does trust the notary public, so their signature or seal is a valid sign of document reliability. Below are a few reasons why you need to have a notary public present when you are signing your essential business documents:

Your contracts become ‘self-authenticating.’
Under the Federal Rules of Evidence, a contract with a notary public’s seal is considered to be self-authenticated; meaning that in the case of a case, the witnesses who signed the documents need not appear in court to verify their signatures. This saves plenty of time, money and acts as a huge convenience in the witnesses favor.

They ensure that your documents are signed under the right circumstances
Technically, the notary public notarizes your signature, not the documents themselves. They are reliable witnesses to the fact that the person whose signature is on the document in question is indeed the one who signed it. They also ensure that the person who signed it was of sound mind and not under any duress. Again, the notary public has to ensure that the witnesses who sign your documents are within the legal right to do so.

Notarization provides clarity
There are many legal documents now that stipulate the way people go about their lives. A Power of attorney is required by a grandchild to make significant, life-altering decisions for their ailing grandparent, or title deeds to transfer ownership of land. With a notary public’s signature, these documents’ validity can be ascertained to avoid grey areas that cause conflicts.

Notaries ensure that the documents in question are adequately executed
All legally binding documents hold the signer to a commitment, and one of the notary public’s duties is to ensure that the signer fully acknowledges the agreements and obligations. For instance, for a will to be valid, it needs to include the signature of the testator, and those of two witnesses, plus a QLD probate process to facilitate execution. Yet, some states will require that a will be notarized for it to be valid. Again, if disputes are litigated, it is crucial to have a notary present. A court considers sworn affidavits as valid if they are notarized.

Protects you from fraud, identity theft, and other kinds of crimes
Having a notary public present during the signing of your documents provides you with the safest possible fallback plan, if not a prevention plan in the case of forgery and other serious white collar crimes. In this age of technology and sophisticated forgery schemes, you cannot go wrong by having your documents notarized. Notarization is now a major risk management tool for all kinds of businesses.

Conclusion:
Many people avoid notarization services because they are an added expense and may take time. However, with e-notarization, you get quick and more convenient services to keep your business documents risk-free.

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January 25, 2011

The man who wouldn’t use his middle initial

Once upon a time, there was a man who didn’t want to sign with his middle initial.

This man was very uncomfortable using his middle initial and protested vehemently.

He wanted to use his regular signature to protect himself from identity fraud. He felt that signing in a slightly different way would make him succeptable to identity fraud.

During the initial signing, he was forced against his will to sign with his middle initial. This was during the time when he was doing a purchase on the property. Then, several years later on the refinance signing, the notary explained how he wouldn’t get his money if he didn’t sign with his middle initial.

No initial — No $200,000 — it’s that simple.

So, after a little coaxing, the signer did what the notary asked, and signed using his middle initial, and all went well.

And everyone lived happily ever after

The End!

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Notary Hyatt Regency

Filed under: Virtual Comedy Themes — Tags: , — admin @ 7:16 am

Have you heard of the Notary Hotel or Notary Motel? If you have been working for high paying title companies, you can now afford the Notary Hyatt, but the breakfast isn’t included unless you have a special arrangement.

CHECK IN

NOTARY: Hi, I’m here to check in. I have a reservation for tonight.

CLERK: Ah yes, Mr. Public We’ve been awaiting your arrival.

NOTARY: Do I sign your journal based on the date I made the reservation or the date I check in?

CLERK: The date you check in — of course. Sign right here. And I will need a thumbprint.

NOTARY: Well I’m all thumbs — and besides, I’m too nice to give you the finger. Is it one journal entry per person per room, or one entry per person regardless of how many rooms?

CLERK: Just one journal entry, unless it is a corporate sale.

NOTARY: Do I get one key or two? And how about a pool wristband?

CLERK: The wristband has your inmate number on it, but can no longer be used for notarization per the new civil code 4583.45.

NOTARY: Oh, that’s too bad, but I don’t see myself being notarized in the hot tub. This is the first time I’ve heard “notarized” and “hot” in the same sentence.

CLERK: We certify that it gets up to 125. Don’t scald yourself. But you can get notarized underwater in the pool using our new underwater eNotary technology.

NOTARY: Great. If they drown, I can notarize their Death Certificate. Is the underwater eNotary technology hands free? My mother told me never to use electric appliances in the bath tub.

CLERK: No you just use your finger like you would paying your bill at a restaurant on one of those eSignatures. You can even buy a wet noodle underwater using our system.

NOTARY: That’s great, because I want to visit your Chinese spot next door. Can I get a Chinese continental breakfast with Shao Bing You Tiao tomorrow?

CLERK: Sorry — wrong continent. But, I will give you a complimentary breakfast ticket. Use it from 6am to 10am downstairs — don’t lose this. And here is your room key. It looks like a notary seal, just affix it to the rectangular pad on your door to get in.

MAID SERVICE: You will love our soaps in your room. We have one soap that is made with squid ink — especially for Notaries. An ancient Chinese saying says it helps you notarize better.

NOTARY: Hmm, never knew Confucius ever needed a Notary.

MAID SERVICE: Oh all the time. During the analects, he had to see a Notary several times in fact. And one more thing. There is a password to get into your room. We do this to keep the fake Notaries out. The computer embedded in the door will ask you to give Oath verbiage just to make sure you are upholding the law as a Notary Public. If you fail to give an applicable Oath, you might have to come down for a tutoring session before you get to sample our soaps.

NOTARY: I heard the remote for the TV was shaped like a Notary seal.

MAID SERVICE: That it is. But it is not one of those PhD remotes. It is really simple. Here, let me emboss your breakfast card so you can get a free omelette.

NOTARY: Cool, I mean hot.

(meanwhile the notary goes to his room.)

NOTARY: Wow, this joint is plush city… I wonder what’s on television. Oh, the Notary Channel. Who would have thought. Oh, another Notary channel for adults — Lucy embosses the seven sailors. Very naughty. I wonder how I can see a movie. Oh, I need to be notarized to see a movie to make sure I did not hit the buy key by mistake. My remote does a print out, I sign it, and then maid service notarizes it? Hmm. Let me ring.

MAID SERVICE: Hola — lociento pero no Ingles senor.. Just kidding!!!! You rang? Need something notarized? I love this concept. I am notarizing a Notary. Isn’t that like marrying your sister?

NOTARY: Not exactly. Here is the printout. I am ordering the movie Nancy breaks down the acknowledgment process. Something nerdy to fall asleep to.

MAID SERVICE: Oh, that is a good film. Nancy gets arrested in part three because she does something illegal by mistake because she skimmed through the tutorial instead of mastering the materials.

NOTARY: Finally a notary so bad, even Nicholas Cage won’t star in it. I gotta see this. Okay, here is my ticket. Please notarize it.

MAID SERVICE: This is a form is the same as a credit card receipt. There is no room for my notary seal!!! Just kidding, we use a small one for these forms. We have a customized seal for it in fact that we use just for movies. It is cleared with the Secretary of State too.

NOTARY: Super. How much do I owe you?

MAID SERVICE: Just a review on Yelp please. That is worth more than gold — providing it is a good review.

NOTARY: Well I’m going to say how you ruined the movie by telling me what happens in part 3.

MAID SERVICE: But, I didn’t tell you how it ends… So there will still be mucho suspense!

NOTARY : Good point.

(At breakfast)

Wow, I just love these eight large bronze circular containers with lids. This is a high-class breakfast. Or should I say Hyatt class. Hmm, the breakfast skillet looks good with the sausage, potatoes, onions, and peppers, I’ve never seen this before except at Denny’s, well, the pictures in the menu at Denny’s. Oh, certified Costa Rican coffee. That looks good. I love this place. (20 minutes later) Time to go back upstairs.

(At door to room)

DOOR: Please administer an Oath to me for a document that says, “I want to take a shower.”

NOTARY: I don’t understand the question.

DOOR: Entry denied.

NOTARY: Hey, I paid a lot to stay here!!!

DOOR: But, this hotel is for Notaries only. If you don’t know how to administer an Oath, you are not a real Notary. You are fraud. Fraud alert buz buzz buzz. Fraud alert.

NOTARY: Okay okay okay. Do you solemly Affirm that whatever… that I want to take a shower.”

DOOR: BUZZZ wrong!!! You are having ME swear that I want to take a shower, not that YOU want to take a shower. And in an Oath, you swear not affirm. Don’t they teach you anything in Notary school?

NOTARY: In my state we don’t have Notary school.

DOOR: You can say that again. Please go downstairs for your tutorial and we will need to re-zap your key.

NOTARY: Is that the correct verb, to zap my key for another 24 hours of entry?

DOOR: Some people say “re-key” or configure your key.

(meanwhile downstairs)

TEACHER: Hello student. Do you know the difference between an Oath and an Affirmation?

NOTARY: Ummm.. Aren’t they the same?

TEACHER: They can be used interchangeably, but if the customer requests one, you cannot give them the other, that would be choosing the notary act for them and these are distinctly different, yet interchangeable notary acts.

NOTARY: Umm, but what if the signer doesn’t want to talk about God?

TEACHER: You can recommend an Affirmation if they don’t like God — their maker. But you cannot choose for them.

NOTARY: What if they object to the absence of God?

TEACHER: Not in this century. This is the no God century. I’ll be surprised if the entire earth doesn’t fry. Hell, fire and brimstone!!! Just say to the door, “Do you solemnly swear that you want to take a shower?” Then, wait for the door to say yes. Then, you will have to figure out how to get the door in the shower, and how it will have privacy where there is no door in the doorway.

NOTARY: Hmmm, very good point. But, wouldn’t it be the computer in the door that wants a shower? Perhaps we could give it a waterproof shower using new technology. Unless the door is just testing me.

(back upstairs)

NOTARY: I’m ready. I’m putting my key in, or my notary seal against the stamp pad. Open sesame.

DOOR: I have signed this paper and want an Acknowledged signature. Would that be okay?

NOTARY: Well I don’t feel comfortable notarizing something that you already signed. Can you sign it again?

DOOR: How badly do you want your shower with the soap with squid ink in it — in minute quantities of course.

NOTARY: Okay I’ll do it. Will I end up in jail like Nancy?

DOOR: If you read (not skimmed) but read your handbook, you would know. Access granted.

NOTARY: What a relief. Just as a disclaimer, the real Hyatt does not do stuff like this. They just let you into your room with your key with no notary questions. This blog is about the Notary Hyatt — completely different place. But, you know something. I like this place so much, I’d like to stay here for the rest of my commission until my expiration date. I wonder if they can make me a key that works for that long. In any case, I have appointments today, so I have to check out. Let’s see how that procedure works.

FRONT DESK: Please destroy your notary seal key and bring it to the Secretary of State County Clerk office on the main floor.

NOTARY: Where is that?

FRONT DESK: The next desk over. You will need to take your Oath of non-office there too now that you are checking out. It’s like a Notary Oath of office in reverse.

NOTARY: Got it. I’m filled with energy from the waffles, so I think I can handle it. See you next time.

.

You might also like:

The sleezy Notary motel
http://blog.123notary.com/?p=16118

Welcome to the Notary Hotel
http://blog.123notary.com/?p=8822

Notary Hotel 2 — The Sequel
http://blog.123notary.com/?p=9887

Discounts for early booking a Notary appointment? Hotels do this.
http://blog.123notary.com/?p=19072

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