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December 13, 2011

Can a notary help draft documents?

Can a notary public help drafting documents?
 
Notaries are discouraged from engaging in the unauthorized practice of law. The definition of unauthorized practice of law differs from state to state.  However, as a general rule, assisting someone in drafting a document that will be used in court, or submitted to a judge, or used for any legal purpose would be unauthorized practice of law, or giving legal advice. A Florida notary should not draft any type of document for any client, whether the document is of a legal nature or not because rules are tighter there.  New York notaries should be on guard too as standards for unauthorized practice of law are enforced more stringently there. 
 
But, my client needs my help drafting this document
You need to tell the client that it is up to them and their attorney to draft their document, or to fill out their power of attorney form.  There are standardized power of attorney forms that are sold in office supply stores.  Notaries should not notarize a document with blanks in it, however, they should also not assist in filling in those blanks or even putting lines through the blanks.
 
What if I arrive at a job and the document hasn’t been written yet?
If you are a MOBILE NOTARY and you travel to homes, businesses, hospitals, etc., it is up to you to double check with your clients to make sure they have their documents all filled out and ready. You should make sure their identification is ready too.  Most states require identification not only for Acknowledgments, but also for Jurats too!  Don’t get in your car until the documents and identification documents are all in order. 
 
Can a notary witness a signature on draft documents?
A notary can witness a signature on any document if you like.  However, if you have a notary notarize a document which is going to have a new draft printed out after the fact, the NEW version of the document would have to be notarized all over again if it is to be notarized.  You can not change wording or pages in a document which has already been notarized.

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December 2, 2011

How much can a notary charge in 2014 / 2015?

How much can a notary charge for a …

Q. How much can a notary charge for a witness signature?
A. The notary can charge whatever your state’s maximum notary fee is if you are notarizing a signature of a witness. Please visit our find a notary page, and then look up your state.
http://www.123notary.com/find-a-notary-public.asp

Q. How much can a notary charge for travel?
A. Most states allow a notary to charge whatever the client will pay for travel, but a handful of states have travel fee restrictions such as New Hampshire, Arizona, and a few other states. Please visit
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4231

Q. How much can a notary charge for a copy of a journal entry?
A. In California, 30 cents per journal entry. However please visit the state notary division website of the state in question for a state specific answers. This type of notary act does not have a fixed fee in most states by the way! Californians are lucky that they get to capitalize on this rare opportunity!

Q. How much can I charge to notarize for an inmate? How much to charge for notary services in Jail?
A. The actual fee for the notarizations is whatever your state maximum fees are. However, travel fees and waiting time fees are whatever you and your client agree on unless you are in a state that has travel fee restrictions.

Q. How much should a notary charge for swearing in a witness or a signer?
A. Most states have a set fee for administering an Oath… you can charge that fee.

Q. What is the maximum fee a notary can charge for an Acknowledgment in 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum fee a notary can charge for a Jurat in 2013, 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum charge for a notary in my state?
A. The fee depends on the notary act, so please look your state up on our find a notary page on 123notary.

Note to readers
This blog entry was written in 2011, but modified in 2013 & 2014. Prices in 2015 & 2016 should be the same as in 2014 in most states. Find a great notary on 123notary!

Tweets
(1) How much can a notary charge for Travel, Copies of journal entries, Witness signatures & more!
(2) How much can a notary charge for an Acknowledgment, Jurat, or notarizing an inmate?

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Q & A about various notary fees in 2013
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Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Read blogs about California Notary issues!
http://blog.123notary.com/?tag=california-notary-public

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November 29, 2011

Can a notary perform a wedding or marriage?

Can a notary perform weddings?  Can a notary perform a marriage?
 
There are only three states that allow notaries to perform weddings.  If you are a Florida Notary Public, Maine Notary Public, or a South Carolina Notary Public, you can solemnize a marriage or officiate at a wedding. However, you might need some extra qualifications and authorizations from your state, so please ask your state notary division what you need to do to be able to officiate at weddings. Being a member of the clergy is helpful but not necessarily required to become a wedding officiate.
 
Can an Arizona notary perform a wedding?
No, an Arizona notary may not perform a wedding.
 
Can a California notary perform a wedding?
Sorry, that is not possible. Please find a specialist who is authorized to perform a wedding such as a priest, rabbi, clergy member, magistrate, marriage commissioner, or ask your local county clerk’s office, etc.
 
Can a Florida notary perform a wedding?
Some Florida notaries have the paperwork necessary (and the skill / specialty) to perform marriages.  123notary.com has a handful of Florida notaries who perform marriages as their primary vocation.
 
Can a Maine Notary perform a wedding?
Maine notaries can get licensed to perform marriages.  There are a handful of Maine notaries who perform marriages on a regular basis, and you can find them on the internet.
 
Can  a Maryland Notary perform a wedding?
No, a Maryland Notary may not officiate at a wedding.
 
Can a New Jersey Notary perform a wedding.
No, a New Jersey Notary may not perform a wedding
 
Can a New York Notary perform a wedding?
No, a New York Notary Public may not officiate at a wedding.
 
Can a Pennsylvania Notary perform a wedding?
No, a Pennsylvania notary can not perform a wedding ceremony.
 
Can a South Carolina notary perform a wedding.
With special authorization from the state, a South Carolina notary public may perform marriages.
 
Can a Texas notary peform a wedding?
Sorry, that is not allowed. Please consult a priest, rabbi, clergy member, or your local county clerk’s office.
 
Don’t see your state mentioned?  If you are not in FL, ME, or SC, a notary may not officiate at your wedding!

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November 21, 2011

Can a notary get in trouble?

Can a notary get in trouble?
 
Notary trouble…
Do you know a notary in trouble?  Have you ever heard of a notary losing their commission or getting fined for misconduct or neglegence?  The answer is — yes, but they generally don’t get caught.  If you are a notary public, it is your responsibility to know your state notary laws, and keep up to date with law changes.  Notary laws change little by little, year by year.  As a general rule, if you deliberatly do something fraudulent that injures another party, you could get in huge trouble or even jailed.  If you make an honest mistake and someone else has a financial loss, you might get in trouble too. If you make a minor mistake or are neglegent in maintaining your certificates or journal, you could get in trouble, but there would be no pressing reason for the authorities to catch up to you.  My advice is to be an expert in your trade and don’t goof!!!  Don’t take liberties, and follow the law to the letter without going to excesses.  Some notaries on our site go overboard and don’t want to advise someone to breath without consulting an attorney — those people are extremists!!!
 
Can a notary get in trouble for notarizing a family member?
Notaries can not notarize a document that they have a beneficial interest in, and family business might be of financial interest to you.  I would avoid notarizing your spouse’s signature or close family member’s signature especially if the document has any financial overtones.  However, distant family members where you have no financial entanglements might be okay.  This is a gray area, and it is better to be safe than sorry. It’s more “kosher” to find a notary who is a third party who is not involved in your life.
 
Can a notary get in trouble for not witnessing a signature?
A notary must witness the signing of a document when performing a Jurat.  However, the notary is NOT responsible for witnessing the signature in an Acknowledged signature.  But, the notary MUST witness the signer signing the notary journal (if your state requires journals — and it is a good idea to keep a journal in any case).  A notary is not exactly a witness except they can function as a witness as an official notary act in Delaware and New Hampshire as far as I know.  The notary’s main responsibility is to identify the signer and be sure that the signer is the one who really signed the document.
 
Can I get in trouble for being a notary?
Just follow the laws and have E&O insurance, and you will most likely be okay.
 
Can notaries get in trouble? Can a notary be in trouble? Could a notary be in trouble?
Yes they can get in big trouble, but if they follow the law, then they will most likely be okay.
 
Can a notary get in trouble for goofing a signature?
The notary signs their own signature on the certificate form generally nearby where their stamp goes.  But, it is the signer who signs the document, and it if the signer goofs their signature, they can sign again.
 
Can you get in trouble for signing a loan document?
Yes, the borrower is responsible for the loan that they sign. The notary is responsible for making sure everything is signed properly.
 
Have notaries ever got in trouble?
I have only heard of one serious case where a notary commited some serious intentional fraud and was put in jail.  Most notaries do not know what they are doing and fill out forms incorrectly, but for some reason don’t seem to get in trouble.
 
How can a notary get in trouble?
If you engage in fraud involving real property you can be jailed, and that is the most serious crime that I have heard of for notaries.  Assisting a party forge a signature and getting notarized is very serious in any case.  If you send notary certificates without a party being notarized, that is a case where a notary can be fined and lose their commission.  There are notary handbooks that go over several dozen types of violations and what the fines are. The fines are different across state lines, but notaries can be fined, and their commissions can be revoked, suspended, terminated, or their notary division could refuse to renew their commission, etc.
 
So, now you have learned a few of the ways that a notary can get in trouble.

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November 19, 2011

How do I fill out a Notary Journal Entry?

How do I fill out a journal entry?
 
Please keep in mind that rules and standards for notary procedures can vary from state to state across the United States.  As a general rule, there are certain areas of confusion that we want to make it a point to clarify.
 
Q. Do I need to have a separate journal entry for each signature that I notarize
A. Yes!  Imagine that you are notarizing signatures on a set of loan documents.  Let’s say that there are four documents to be notarized and both husband and wife need to sign each one — you have eight notarized signatures and eight journal entries. 
One journal entry per notarized signature.
 
Q. Does each journal entry need to be signed?
A. Yes!  The individual whose signature you are notarizing needs to sign the corresponding journal entry.
 
Q.  What about thumbprints? Do I need to take a thumbprint?
A.  Sometimes!  For Deeds and Power of Attorney documents in California, you must take a thumbprint.  For other states, there are different standards, but it is always better to have a journal thumbprint just so you can be 100% sure of the signers identity.  ID’s can be forged, but thumbprints of a live person in front of you can not be forged!
 
Q.  What goes in a notary journal entry?
Date &Time,
Type of notarization (i.e. acknowledgment, jurat, oath, affirmation, protest, etc.)
Name of the document being notarized (i.e. affidavit, deed of trust, occupancy affidavit, etc.)
Document date (documents don’t always have a document date, but if you have 20 documents called “affidavit”, you need to distinguish them somehow and a date might help)
Name and address of signer
Identification of signer
Additional notes
Signature of the signer
Thumbprint of the signer (optional in many states)
 
Q.  What if I’m doing a signing that starts at 11:55pm and ends at 12:05am the next day, what date do I use?
A.  You can use either day, but I would date the notary act at the exact time that the signer signs your journal since that is a definitive POINT in time, rather than a range of time.  Some notary acts allow the signer to sign the document BEFORE they see the notary making the document signing a poor choice for a definitive point in time to date the transaction.
 
Q.  Can I make recommendations for what type of notarizations the signers should get since I know more than them?
A.  No! That is considered giving legal advice  (unauthorized practice of law) in many states. Let them choose on their own, although you can tell them what is “normal” as well as explaining the characteristics of each type of notary act in your state.
 
Q. What if many documents I am notarizing all have the same name?
A. It is good to distinguish documents by other characteristics. If you have 20 Grant Deeds to be notarized by the same signer on the same day, you can note the property addresses indicated on the Grant Deed to distinguish which document you were really notarizing. Otherwise, if you ever go to court, you will not be able to tell the judge if you notarized a particular Grant Deed for that particular signer. Imagine what would happen if he did a 21st Grant Deed after you left and forged your seal on the certificate section and claimed that you notarized it.  If your journal doesn’t describe EXACTLY which documents were notarized, you can get duped by a sophisticated fraud!
 
Q.  Name and address of signer, do I have to write this for each entry?
A.  You can write the name and address of a particular signer, and then draw an arrow down for all documents with that person’s signature being notarized. Each document gets it’s own journal entry per signer.  If you have Joe signing four documents and Sally signing four documents, make sure the journal entries for Joe are all sequential so that they will be consecutive and all in the same place.  Then below those entries you can write Sally’s name and address and a separate entry for all of her documents that she is signing.  Example: Lets say your journal page has eight entries.  Entry 1, 2, 3, and 4 would be for Joe. Joes name and address would be on the first entry along with a particular document name and other information.  For entry 2, 3, and 4, you would see different document names, and an arrow indicating that the signer was still Joe and that his information was the same.  Journal entries 5, 6, 7, 8 would be for Sally and her information would go on entry 5 along with a particular document’s name, and then 6, 7, 8 would have document names and an arrow in the name/address field to indicate that it is still Sally who is the signer.  Make sure Joe signs all four of his entries, and that Sally signs for all four of her entries, otherwise you get in trouble if audited.
 
Q.  How do I identify a signer?
A. Rules are different from state to state.  Some states allow a notary to personally know a signer to constitute being positively identified.  Others allow credible witnesses.  All states allow a signer to be identified through the use of current identity documents such as drivers licenses, passports, state identification cards, etc.  The documents (cards) must have a photo, signature, physical description, name, address, expiration date, and serial number to be acceptable.  Some states allow a card to be used for a grace period after it expires.  If your state allows the card to be used five years after it’s issue date, then you need to be able to read the code on the card to figure out when it was issued.
 
Q. Additional notes — what is that for?
A.  If you use credible witnesses, you document their signatures and other information in the additional notes section.  If you want to document unusual situations, or unusual characteristics of the signers, that is the place to put it.  If you are ever called to court, the information in your journal is the ONLY way you will remember the signing in many cases, especially if you do four signings per day over a course of 12 years.  Example: “The male signer Joe looked like a walrus.Sally had a squeeky voice and seemed nervous.”
 
Q.  Signature area – who signs in the signature area?
A.  The signer of a particular document signs in the signature area (not the notary).  Only one signature per journal entry.  If two people are signing the same document, just create a new journal entry for the second signer with the same document name.  This is not rocket science!
 
Q.  Thumbprint area – do I need to have a thumbprint?
A.  Please educate you on your state law. Some states require thumbprints for particular documents and others don’t.  It is better to have a thumbprint just in case you are called into court.  Your court case might be faster (or not happen at all) if you have proof of the identity of the signer such as a thumbprint.

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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!

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Fraud and Forgery related to the notary profession
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Loan signing process and pitfalls
http://blog.123notary.com/?p=2780

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November 15, 2011

Where Can I find a Chinese Speaking Notary?

Where can I find a Chinese speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time.  Where can I find Roger Smith, he is a notary in Louisiana?  He notarized a document for me a year ago, and now I can’t find him.  I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state.  I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question.  I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get.  The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard. 
 
Where can I find a Chinese speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Chinese Speaking notaries, however, they are all spread out, and there are dialects too.  Someone who knows Min-Nan-Yu only might not be fluent in Hakka for example.  These are Southern dialects from Guang-Dong and Southern Fu-Jian by the way.  The more common dialects are Mandarin, Cantonese, and Taiwanese in American metros.  You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site.  You can do a search by zip code and then use the language filter on the upper right side of the page.  Try inputting the term Cantonese, and then try Chinese as a second search. See what happens.  I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well. 
 
If you can’t find a Chinese speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary.  You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Chinese speaking notaries, but they might not advertise much as their business might come from word of mouth or (peng-you tui-jian gao-su peng-you) as the case might be.
 
It is common for Chinese people who function mainly in Chinese to pick service providers who also speak their language.  However, this might not be a good idea.  If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice!  “Zhu ni hao yun!”.

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Power of attorney signings

Can a notary witness a will or notarize one?

Notary procedure for Affidavit of Support Documents

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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

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2016 version – Affidavit of Support
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Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

Modern Family – An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?p=10989

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October 7, 2011

Notary Acknowledgment Information

Notary Acknowledgment Information 

The most common notarial act is an Acknowledgment.  Other common notary acts include Jurats, Oaths, and Copy Certification of documents.  Notary law and current notary wording vary from state to state, but certain laws are fairly standard. 
 
The signer of an acknowledged signature may sign the document BEFORE seeing the notary. The point of having a notary acknowledgment is to prove that you acknowledge signing a particular document, and for the notary to positively identify you. 
 
Current Acknowledgment wording varies from state to state
Although the wording can vary, the basics include: (1) A venue that should indicate the state and the county where the notarization took place. (2) That the signer APPEARED BEFORE the notary public.  You can not have an acknowledgment unless the signer appears before the notary.  The only notary act that allows the signer not to appear before a notary is a proof of execution, and few notaries have ever completed that act.   (3) The date when the signer acknowledged the signature before the notary should be included in the verbiage. The signer could sign the document five years previous to seeing the notary, but the date the signer appeared before the notary is the date that the signature was acknowledged.  Incidentally, you could have the same signature on the same document acknowledged twice on different dates. (4) There should be wording to indicate that the signer acknowledged signing the document.  Basically, the act of coming to a notary to have an acknowledgment is considered a non-verbal acknowledgment that you signed the document. The document is refered to as an “instrument” in many states. It is also noted that the signer’s name is subscribed within the instrument meaning that the name is written in part of the document. The notary should check the signature on your identification to see if it matches too.  (5) The name of the signer and the notary must be documented in the verbiage. (6) There should be some documentation stating that the signer’s identification was proven.  Sometimes the wording, “Positively identified” is used.  The term “Satisfactory evidence” is often used to refer to a number of ways that a signer could be identified.
 
(7) The signature of the notary is commonly documented as the “seal” of the notary. This is not to be confused with the physical inked seal which is also a seal (confusing).   (8) Additionally, there should be a place for the notary to affix their official notary seal (stamp).  Some notaries use an embosser which is a type of seal that looks like a clamp and that can leave a raised impression in the paper with or without ink.
 
Summary
Acknowledgment wording should include:
(1) Venue
(2) Appeared before
(3) The date (i.e. 08-04, 2012)
(4) That the signer acknowledges signing the instrument that their name is subscribed to within
(5) Name of the signer and the notary.
(6) Proof of identity of the signer
(7) Signature (seal) of the notary
(8) A place for the notary to affix their official notary seal.
 
Sample Wording from California
 
State of California
County of Los Angeles
 
On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
 
I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
 
WITNESS my hand and official seal
 
——————————————                                        (affix stamp here)
       (Signature of Notary)
 
See some other pages with information about acknowledgments

Notary Public 101 – Basic Notary Acts
http://blog.123notary.com/?p=19500

Florida Acknowledgment Information

California Acknowledgment Information

Michigan Acknowledgment Information

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September 20, 2011

Notary is pushed off stairs by borrower!

Well, I thought I had heard it all.  I hear a lot of wonderful, interesting tales here at 123 from our members. Some are entertaining and funny while others are very sad and depressing. This, unfortunately is one of these stories and unfortunately it is the worst to date. It is nothing short of horrendous and shameful. Although I have her permission to tell her story, I promised her I would not reveal her or the area she lives in. So, here we go…

This particular notary public who is female took a signing from a signing company, she confirmed her appointment, prepared her docs and met her borrower at the the specified time. As she went through the documents, he saw that his interest rate was 1/2 percent more than he had been told. He then became enraged. He requested (using vulgarity) that she leave his home immediately. She packed up her things up and prepared to leave the premises.  As she proceeded to the door the  borrower followed, continuing to rant and rave using foul language incessantly. He was VERY angry with this 1/2 of a percent increase that nobody had bothered to inform him of (sadly, a  story we all are familiar with and have heard many times)  and, to top it to make matters even worse off, the loan officer had not been in contact with him and had been unreachable for several days.

So, as she walked out of the door onto his front porch. There were 4 steps to go down to the walkway that would lead to her car… But, before she could take that first step — with the force of both of his hands on her shoulders he pushed her down and off the porch. She went flying off the porch, and by the grace of God she somehow pivoted her body onto the grass instead of his cemented walkway  that was directly in front of her but unfortunately in trying to break her fall she broke her left wrist. In disbelief and shock she just laid there. The borrower went back into the house and shut and locked his door.  However, fortunately for her, the borrower’s neighbor who was mowing his lawn at the time witnessed the whole thing. He called out to his wife to call the police and the paramedics and he came to her aid and sat with her until they arrived. (A knight in shining armor). The paramedics attended to her and after the police got the story from both the notary and the neighbor one of the officers went to the door of the borrower , rang the bell and the borrower did not answer. At that point the officer yelled out to him to open the door or else. He did eventually open the door, and then was immediately  handcuffed and  placed under arrest and was put in the back of the police car.

Now folks get this — as the paramedics worked on our notary public to prepare her for the trip to the hospital and the police filled out their report the borrower (hand cuffed in the back seat of the police car) was still ranting  and raving non stop with vulgarities that they (the police and paramedics) needed to get this you know what off his grass and property. One of the police officers obviously fed up with this behavior as well as the noise went over to the borrower and told him that he needed to shut up and slammed the car door. He then asked the neighbor if this  behavior was characteristic  of this man. The neighbor and the wife just looked at each other and nodded yes… I just cant believe this man and his behavior, I am still in awe of all of it.

The paramedics said that if she had fallen  onto the concrete instead of the grass she would have broken both wrists and god knows what else in the process. All things  considered she was lucky-it could have been way worse.

She ended up staying in the hospital of 4-5 days instead of the day and half  she was originally told due to an infection she developed in her wrist.

Now it is 1 month later and she is finally back to work. She is healing well I asked her how she felt about her career now (she is a full time  signing agent) and if she felt like giving it up…and she said no way. She says she loves her job and knew this was just something that happened. Kudos to her! She and DA have filed charges and he has 3 counts against him and there will be a civil suit as well. I hope he gets ALL that is coming to him….I say throw the book at him.

Now, of course the signing service that gave her the assignment wants to know why the loan wasn’t closed. Well get this; When she called in to tell them  what had happened from the hospital — the person on the other end of the line laughed and said “you could have come up with a better excuse than that”. So, in order to clear her name she had to send in the police report, hospital records etc….( and yes she did manage to call the day of the signing)

So, all of this leaves me with a few thoughts. I really feel that this could have been avoided if the loan officer had done his job. This is so often the case where the loan officer knows exactly what the numbers are way ahead of time but avoids sharing this information with the borrowers and we go out at the final hour when they know these borrowers are desperate and for the most part are stuck and cant turn back now, and they regrettably just sign. And we get stuck in middle — and in this case — pushed down a flight of stairs. Now some of you will disagree and put up a fuss but this is why when I call and confirm with the borrowers I ask them has the loan officer been in touch and have they gone over the figures with them. If the answer is yes then I ask them what are the numbers supposed to be. This way if the number con-inside with what I see, we are good. If not, I can alert the hiring party that we have a problem before I waste the borrowers time or MINE.  I can avoid problems at the table-situations like the one I just described to you here. (aLthough it is rare and the first time I have heard such of a thing happing it is now a reality that it is possible). This technique does not always work but it is sure worth a try. And it might save you some trouble. I have been doing it for years. Now I know some of you will chew my head off about this technique of mine but this is my business and I run it as I see fit-just as you will run yours as you see fit. But, remember this is for the most part why are economy is shot…to many lies and games being played in the refinance word, and we are usually abandoned and stuck in the middle.

Now, most of you know I preach about your worth and the fees that you charge — this story just reinforces my feeling that you need to be paid what you are worth. I know this is an extreme case but we stick out necks out every time we take an assignment. We NEVER know where our notary public assignments will take us or what we will have to deal with when we get there. We deal with bad attitudes, late documents, traffic, bad neighborhoods, filthy homes, terrible smells, pets, incompetence, etc., and sometimes bad people. So my point is you need to be paid what you are worth. If you continue accepting these low fees that they are offering nowadays not only do you hurt yourself you hurt all of us: the notary community as a whole…..Now in this case a higher fee would not have stopped his unthinkable behavior but I feel that because we deal with so much adversity in this business we need to have our pay more in line with our efforts and the things that we are subjected too. For me, without fair compensation this profession is just not worth the effort or trouble.

Until next time!! BE SAFE!!

Written by Carmen Towles

You might also like:

Part 2 of Notary is pushed of stairs – the sequel!

Power of Attorney at a nursing home

Why notaries don’t last

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