You searched for business name - Page 19 of 23 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

May 9, 2013

Show me your ID

Show me your ID & you need to reimburse me for my lost time!

This is something a Notary typically asks a signer of documents. This time, the signer asked me, the Notary to show him my ID. Puzzled, I asked why. “These days, you never know who you are dealing with”, he said. I reminded him that the Title Company with whom he was working already informed him that I would be coming to notarize the loan documents. Because he seemed persistent and my goal was to complete the notarization & get paid (after spending the better part of an hour the night before printing everything in duplicate – 302 pages — and marking which docs needed to be faxed back), I showed him my Driver License and my business card which had the words, Notary Public next to my name.

The signer then had the temerity to tell me that someone form the Title Company had to reimburse him for the time that he lost waiting to sign the docs. To add insult to injury, he then nonchalantly tells me that because I was the Notary, the reimbursement should come out of my fees. Engaging the signer in this irrational argument with distorted logic would have been tantamount to banging my head against the wall. So, I listened attentively and ignored everything he said about reimbursement. I completed all of the notarizations and signings in 45 minutes and told him to contact the Title Company directly if he had any concerns. On the way out, he playfully asked to see my ID again. I politely said NO but gave him a couple of my business cards to give it to any of his friends who needed Notary services.

Lesson Learned: Don’t argue or engage in heated conversations with the signer who is angry over something you did not cause, contribute to or have any control over. Do your work correctly (you don’t want to go back a second time to correct your mistakes and this time the signer is even angrier because you made the error and what is worse you will not get paid the second time), get out, get paid and move on…

You might also like:

Identification for prison notarizations
http://blog.123notary.com/?p=22139

Notary Public 101 identification
http://blog.123notary.com/?p=19507

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Expired identification
http://blog.123notary.com/?p=8294

Share
>

May 3, 2013

Find a Notary — one who provides late night 24 hour service

I was thinking about this today. Everybody needs to sleep. In our search results for 24 hour notaries, we should document when their black hours are. Everybody sleeps sometime — even if it is during odd hours. If they are sleeping, then maybe another 24 hour notary would be a better candidate for a particular job. Some people go to sleep at 4am and wake at 8am, and they would be perfect for a 2am job. Don’t you think?

But, 123notary has tons of 24 hour notaries in our search results. Use the Find a Notary Public Search page to find these people. Roughy 25% of all of our 7000 notaries on the site provide 24 hour service (or claim to). This can be a real life saver.

The tricky part is that not all of these notaries are “real” 24 hour notaries. Some don’t answer the phone after hours, or even during business hours. So, how do you know which of our 24 hour notaries are real ones? Surprisingly, I have called many of these notaries myself and the MAJORITY do answer the phone late at night, even after midnight. Keep calling until you find one who can accommodate your job.

24 hour notaries are often used for last minute travel documents, hospital signings, airport signings, and loan signings for people who work unusual shifts. I did a loan signing at 2am for someone who got out of work at midnight. A bit unusual, but there was no traffic, and my client was very nice. It worked well.

Find a 24 hour notary public on 123notary.com on our Find a Notary page. Good luck!

You might also like:

Ideas for names for 24 hour Notary businesses
http://blog.123notary.com/?p=19062

Hospital notarization issues (string)
http://blog.123notary.com/?s=hospital

Names for Notary businesses that can get you in trouble.
http://blog.123notary.com/?p=19064

The 24 hour icon and what it means
http://blog.123notary.com/?p=19455

Share
>

April 28, 2013

Best Practices: When it is legal to notarize a document twice?

Q. When is it legal to notarize twice?

A. Any time you get two journal entries for the document in question and attach two separate certificates.

How is this?

Many notaries fall into unfortunate circumstances. We live in a day and age when old fashioned common sense is not a part of life any more — at least not in the Title industry. A notary will be given an Acknowledgment form with wording that just isn’t acceptable. Perhaps the venue is for a different county or state. Perhaps there are two names on the Acknowledgment when there is only one signer — and a cross out will just look funny. Maybe something else will be wrong. Use your imagination here — you are notaries!

So, should you cross-out Jim’s name on the Acknowledgment form since only Jane is there and Jim is on a business trip? Or should you attach an additional acknowledgment form and leave the original blank? The issue here is much more than what the law says. The law doesn’t address cross outs to my knowledge although it definately seems that it is not a “best practice” since it looks dubious and possibly fraudulent.

Do you really want your notarized documents to look tampered with? That is what notarizing a document with a cross-out looks like. Sure you do it all the time, but what if fraud really is involved and you get called into court just because you think it is fine and dandy to simply, “cross out and initial — I do it all the time”. Well, stop doing it all the time on notarized documents. It is a “worst practice”, not a best practice. Best practices include starting fresh with a clean acknowledgment and filling out properly with not only the state required wording, but also a document name, document date, document description, number of pages, etc. If you are smart, you will emboss every page on every document that you notarize whether the clients like it or not — for your protection. It makes page swapping after the fact very noticeable and detectable.

So, I recommend the fresh acknowledgment approach since it is clean and a best practice. But, on the other hand, what about notarizing the document twice and giving the lender a choice of the messy cross-out version, or the clean attached version. Some lenders HATE attachments (even though it is legal and kosher). Many lenders do not mind cross-outs even though it is abominable to anyone with standards. So, if you give them a choice, at least they will have less cause to be unhappy. They will know that you went above and beyond for them.

However, you will be committing fraud if you send a loose acknowledgment in the mail to the lender who doesn’t like your first attempt. Sure you already notarized it, but now there are two certificates floating around and not attached. The “best practice” here is to tell the lender you need the original back, you shred the certificate, add another certificate, and then send it back. Lenders don’t typically like best practices because it takes longer. Fraud is easier! But, don’t even think about it.

I will end this entry with a quote from a Yiddish folk story

Crime doesn’t pay, but oy, such good hours!

I will end this entry a second time, but this time with a line from a Mexican folk song about notarizations

Dos Acknowledmentos Un Documento?
Ay que paso en esta mundo?
Que voy aser con esta notario?
Llama el telefono a el Loan Officer por favor!

You might also like:

Must a thumbprint accompany a notarized document?
http://blog.123notary.com/?p=2289

Do you take control at a signing?
http://blog.123notary.com/?p=21104

Following directions is more important than you think
http://blog.123notary.com/?p=19608

What defines what a signature is?
http://blog.123notary.com/?p=22173

What if the signature is in the middle of the document?
http://blog.123notary.com/?p=20525

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

Notary Public 101 basic notary acts explained
http://blog.123notary.com/?p=19500

Share
>

April 21, 2013

Mistakes notaries make w/ Title Companies

Notaries all want Title Company business, but not all of them get it. Why?

Experience is half of the problem, and skills are the other half. But, what about the THIRD half?

Communication skills
Do you use bad grammar? Do you make spelling mistakes in your notes section?

I also make spelling mistakes. Fewer than I used to make ten years ago since I write more.

But, Title Companies will reject a notary based on these factors.

What if there is no useful information in your notes section?
Do you ramble when people talk to you, and go on and on?
Do you go off on a tangent during a conversation and not stick to the topic at hand?
Do you give dumb sounding answers to simple loan signing questions?
Is there background noise when a title company calls you?
Do you answer the phone by saying “Hullo?”
Do your children answer the phone?

Does your answering machine have unprofessional sounding music?
Does your answering machine state your name?
Is your message system full?
Do you have reviews on your profile?
Are you certified by 123notary?
Do you have a tone of voice that is uninviting?
Do you ask people to repeat what they said?

Notary: Hello?
Tammy: Hi, this is Tammy from Tammy’s Title
Notary: Who is this?
Tammy: TAMMY from Tammy’s Title
Notary: Tammy’s Title?
Tammy: Yes, Tammy’s Title! May I speak to Linda please
Notary: This is her.

Jeremy’s comment: Are you deaf? Tammy stated her personal and company name very clearly when she called you, what’s the problem. Are you not paying attention? Or, do you just not know how to respond, so you ask a stupid question? Tammy thinks you are very stupid by now. Did you know that roughly 15% of notaries ask me to repeat information that I stated very clearly? I am not sure what their problem is. If I ask a quiz question, then 80% of the notaries make me repeat the entire thing twice — but, that is more tricky, so it is allowed in that context.

BTW, it is bad etiquette to say hello when answering the phone. State who you are otherwise the other person will have to guess or ask you. Also, don’t say, “This is her” as that is bad grammar. “This is she” is correct even though it sounds strange.

To sum up the point of this article.
If you want Title companies to think well of you and hire you — don’t act stupid. Have your act in order, and be able to answer questions quickly. Be professional — otherwise they will hire someone else who is professional. Title companies pay up to $150 a pop and notaries line up for these types of jobs. Title companies have choices — you don’t!

.

You might also like:

The way you treat Jeremy might be the same way you treat title
http://blog.123notary.com/?p=19590

When a title company lies to you
http://blog.123notary.com/?p=19349

If you contact title companies directly, what do they want?
http://blog.123notary.com/?p=16110

Notary Marketing 102
http://blog.123notary.com/?p=19774

Share
>

April 20, 2013

A detailed look at the NINJA course

Filed under: Ninja Theme Articles — Tags: , , — admin @ 8:00 am

We have a new Elite certification textbook that accompanies the elite test. We will soon be using a 30 point test to evaluate the skills of our higher level notaries. But, what is this new textbook like? The ORDER of the information is subject to change as we re-edit the course and add content later on.

119 pages of riveting information!

This course integrates ancient Zen Buddhist philosophy, Ninjutsu strategy, and exciting stories with higher level notary & signing agent knowledge for the refined notary public! Here are some of the topics covered in the course.

(1) Presentation
Learn the art of interacting with prospective clients. Learn what to say and what not to say. How to answer questions gracefully, and how to stand your ground. Show your knowledge without seeming like you are trying to. Operate like a professional and negotiate like a professional.

(2) Strategy
Learn which type of advertising pays off and which should be avoided. Which certifications to get and which to skip. How to craft your advertising for maximum results; Which additional services to offer such as Apostilles and Livescan; How to choose your clients well; Picking company names; Contracts. E&O insurance; Getting paid; Handling difficult companies; Hiring other notaries to expand your empire; Handling low-ballers with ease; Marketing with Facebook and Web Sites; Researching companies; When to say no;

Scheduling strategies: Learn about the

Timed appointment strategy
The spring-it-on-ya strategy
The no surprises strategy
Business models that influence scheduling strategy
Dealing with late e-documents
End of the month scheduling strategies
Beginning of the month scheduling strategies
Tight scheduling strategies
High-brow scheduling strategies

(3) Business analysis
Advertising allows you to pick and choose; Analyzing where your calls are coming from; Assessing the companies you work for; Late Documents; Dealing with cancellations; Dealing with late payers; Managing contacts; Optimizing your client base; What do the statistics that 123notary keeps really mean?; How well do you communicate and how does that translate into clicks?

(4) Mastering the ancient art of the notes section
Which adjectives help, and which hurt? Does mentioning years of experience help? Which quick facts will win you clients and which are a waste of time? Overall recommended structure of a notes section; Analyzing your best selling features; What not to put at the top of your notes section; Expressing your personal style of doing business; 19 examples of great personal information used in notes sections; Specialties expressed in detail; How to use bullet points for your additional information; Where do you write about coverage areas, and how detailed do you get? Radius verses counties? Closing statements — call me whenever you are ready! Spelling and mistakes; Example of a bad notes section; Example of a nearly perfect notes section; Commentary on 16 notes sections; Selling features compared in detail;

(5) Miscellaneous points
Smelling good; How to dress; Calling people back; Professional answering machines; Company names; Complaining; Asking too many questions; Call back etiquette; Asking about specifications before price; Negotiating with people who won’t meet your fee; Evolutionary path to success; Charge less to get experience; The close job strategy; MOBILE OFFICES; Don’t call until the e-documents are ready; FULL-TIME or PART-TIME; 123notary’s 30 point test; Last minute appointments; The A list strategy; Precautions; Embossing; Journal thumbprints; Answering the phone at signings; Refining your notes; Dual state commissions; How many certifications; Does Facebook help; How do you let people know you are a notary; Can you afford to be expensive; Get reviews or perish; Are you available enough; Do you keep all of your paperwork; Emergencies are where you shine; Errors with bad seals; Showing up late; Complaints; Wrongful complaints; Rebutting complaints; Being selective about working for companies with potential.

(6) Zen and the art of teaching others to be on your team
Master the ancient art of: Selection, training, scrutinization, and comparison.
Choose people with the right: Attitude, pre-existing skills, ability to learn, reliability, and personability

Where do you start training? Scrutinizing the work of your new notaries. Comparing them to your other trainees.

(7) Comparing notaries
People change over time; Examining your local list of notaries to see the differences in each service provider; Elite certification; Skills verses presentation; Online presentation verses life presentation; Thinking about comparisons while you are working; What did you forget to think about?

(8) Impressions, dreams and nightmares
Where the money really is; How long does it take to do each type of signing; How do you analyze traffic; Should you charge by the minute; How much ROI do you need on your advertisement; Making an impression; The borrower comes first; Meeting at a nearby cafe; Cancelling nightmares before you get involved; What to know about a culture so you don’t get in trouble; Fedex and drop boxes.

(9) Following directions
When to call the loan officer; Sample questions; When not to coerce the borrower into signing; When to continue the signing; Listening exercises, communication exercises, following orders without a fuss.

(10) Notary knowledge revisited
Acknowledgments discussed in detail; Jurats; Official wording and cross-outs; Loose certificates; Backdating; Document dates verses notarization dates; County recorders & recorded documents; Copies of a document; The names must match; Credible witnesses; Errors on the Acknowledgment; Oath wording; Signature by X; Journals; What the OPTIONAL information section is for in Acknowledgments & deterring fraud; Embossers; Thumbprints; Seals; 10 Grant Deeds in a single session; Notary Fraud; Notarizing the elderly; Notarizing a dead person; The 4 parts of an Acknowledgment certificate; Misdemeanors.

(11) Signing Agent knowledge revisited
Understanding: The 1003, The 4506; Apostilles, Attorney States; Changing a name on Title; Checks in packages; Cross-outs; The Deed of Trust; Elizors; Identity Affidavits; The HUD-1; Initials go where? Letter of instructions; The legals; Maiden names; Prepayment penalties; The Right to Cancel; Rescinding; The security instrument; Signature Affidavit; Spousal signatures; The Subordination Agreement; Thumbprints revisited; The three magical phone numbers; Signature variations; Witness states; When to call the loan officer; Witness closings; Documents that are typically notarized.

(12) The APR & First payments
Yes, an entire chapter about the APR in detail. Learn typical incomplete descriptions of the APR that even the most experienced Loan Processors, Title Agents, and notaries use on a regular basis. Learn a professional definition and learn all of the components that go into computing the APR one by one. Show the world how knowledgeable you really are!
When is my first payment due.

(13) Interviews with our finest notaries and title companies
We get amazing points of views and endless new information by getting input from others in the industry. And then we share it with you on the forum, blog, and in our courses! We interviews many title companies. Many of these companies will be working with us on crafting and endorsing some very relevant signing agent questions. Notaries often ask why it is important for them to learn particular facts. But, if a title company who hires notaries and pays well tells you that you better learn it, then there is no excuse not to learn it,right?

We have some information from Title companies as of April 2013. We will be adding more information every month including statements about things that notaries did wrong that caused a lot of trouble. We will also be adding multiple choice questions endorsed by specific Title companies over time.

The interviews with the notaries this time were about topics of concerned to regular notaries. How do you handle low-ballers? How do you handle people who don’t meet your fee? What is your best attribute as a notary? What made you become a notary? Could you describe your evolution in business and how you became successful? Hoe do you introduce the documents and do your loan signing presentation.

The answers given by the top notch notaries interviewed were truly inspiring, unique, and fascinating. You will love this section the most of all the sections partly due to the great information, and partly because it is the most light hearted section of the course.

(14) The 30 point test
This section goes over the 30 point test. Notaries who pass this grueling and difficult test can elect to have their scores published on their listing. Test topics will include not only notary and signing agent competency, but other areas as well. We learned that following directions and communicating are huge problem areas even for the most experienced notaries, so we will be focusing on those during the test. The test will be timed and might be over the phone or online — or both! Retesting will be allowed, but we do not know what the retesting fee will be. Purchasing the Ninja course / Elite certification gives you one chance at the test providing you take it within (60) days of your purchase date. Good luck!

(15) Apostilles and Loan Types
Learn what our best notaries have to say about Apostilles, Authentications, FHA, HELOCS, Investment loans, Loan modifications, Purchases, Reverse Mortgages, VA loans, and more!

Thanks for your interest and ENJOY our Ninja course!

You might also like:

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

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Signing Agent Best Practices: a 63 point guide to being the safest and most thorough notary.
http://blog.123notary.com/?p=4315

Share
>

April 14, 2013

7 ways to use Facebook to market your notary services

Filed under: Social Media — Tags: , , , — admin @ 7:35 am

“The Dalai Lama likes Edna’s Notary Services.”

That would be an endorsement any businessperson would ki–errr…work very, very hard for. Though it is unlikely that His Holiness would indicate a preference for any one notary service over another, almost anything is possible when you use Facebook wisely.

1. Envision the Future. What do you want to get out of your online presence, and your Facebook presence in particular? Do you want more customers? Do you want to raise your status in the notary community? Do you want to promote certain causes related to your business? Your plan determines the cost and amount of resources needed to use Facebook as a marketing tool.

2. Do not rely on Facebook alone. Just as you would not rely on an attack cat as the sole component of your home security system, you should not rely on the world’s largest social media platform as your only means of promotion. Every business needs a website, and every business website should have its own domain name, for example: ednasnotarypublic.com, as opposed to www.bighugenotarysite.org/ednasnotarypublic. Domains cost in the low-to-
mid two digits annually, and you can just build a free blog site on WordPress or Blogger and point your domain to that. Your website should contain easily accessible contact information, directions, a list of services, and regularly updated News and/or Blog sections.

3. Create a Facebook page. It’s free, it’s easy, and Facebook walks you through the process with pretty pictures. Start here.

4. Promote your site from your Facebook page. Unless your website features copious amounts of nudity, your Facebook page is likely to see the most traffic of your online endeavors. But as the primary means of Facebook communication are short status updates (which may include links) and image or video posts, your website is the place for blog posts, file downloads, and types of content that you are unable to offer via a Facebook page. Whenever you update your website, post a link to the new content on Facebook. Be sure to use images in your website content, as this creates a more compelling Facebook post.

5. Get “Like”d. There are few things as uplifting in this modern age as a Facebook “Like.” When someone Likes your page, it is posted on their wall (see paragraph one of this post) for all their friends to see, admire, and emulate. Begin your quest for Likes by Liking other pages–other notary services for sure, but mainly target people, businesses, and organizations that reflect the type of customers you desire and/or those that reflect or compliment the values and mission of your business. The more Likes you give, the more you are likely to receive, Grasshopper.

6. Update regularly. In the case of a small notary business, every two to three days is a good rule of thumb. Let’s be honest–most folks do not want five updates a day from their notary. Your updates can be links to your own site, links to sites of interest to your preferred customer base, an event your business is hosting, a quote from one of history’s great notaries, a photo of a particularly fetching seal, or anything that will catch someone’s eye. Remember to use images
whenever possible.

7. Use Facebook Ads. Up until now, you have not had to pay Facebook one thin dime. All that is about to change. Facebook Ads let you create ads that target customers according to your criteria.

Al Natanagara is a writer, journalist, and blogger whose career includes stints with ZDNet, CNet, CBS, LexisNexis, and Law Enforcement. http://www.findatitlecompany.com/

You might also like:

New Apps for the iPhone 7 you have never heard of
http://blog.123notary.com/?p=10977

A social media site for notaries – Affiant
http://blog.123notary.com/?p=6410

Websites from some of our best Notaries
http://blog.123notary.com/?p=14677

What do you do to advertise your notary business?
http://blog.123notary.com/?p=10363

Share
>

Minimum Competency Test Study Guide

Filed under: Loan Signing 101 — Tags: , , — admin @ 1:21 am

We really want all of our notaries on the site to pass our certification test. So far, roughly 1700 people out of 7000 on 123notary (March 2013) are certified or elite certified by 123notary.com. The others are not, and they are not interesting in paying for any study guide or tests. So, my solution is to offer something more basic that is FREE.

We will have an online test eventually for minimum competency. In the short run, we will do an over the phone test. We don’t even have the programming for an icon for the minimum competency, but we will have one soon. In the future, we will set a requirement for how soon you have to pass our MC test to stay on the site. But, for now, there is no rule — only FREE study materials.

Here are the topics we are including in this test:

(1) Confirming the signing & confirming identification
Many signing companies do not want the notary to confirm the appointment. However, if you don’t, then the borrowers might not be ready for you when you come. If you have a busy night of signings, you can not afford to be kept waiting. Additionally, if a non-borrowing spouse is on three or four of the documents (which is typical), you need to make sure that they are there, or else you might not get paid. Be careful of companies that don’t want you to confirm unless they have a spotless payment record with you and on 123notary.com/s (i-phone accessible list of signing companies with reviews).

When confirming a signing, introduce yourself and let them know that you are the notary. Let them know what time you are going to see them, what their NAMES are on the documents, and WHO is required to show up.

Example.
Notary: Hi, my name is Charles Notarinsky, and I will be your notary public this evening. I will be showing up at 6pm. Peter J Selinsky, and Jane Doe will be signing documents this evening. Will both Peter and Jane be able to be at the signing at 6pm? Additionally, may I ask if Peter’s identification has his name typed exactly as Peter J Selinsky with the middle initial J, or a middle name starting with the letter J?

Borrower: Why do you care?

Notary: Legally, I will not be able to notarize Peter’s signature if there is no middle initial or middle name beginning with a J in his identification document. Additionally, I need to make sure that both signers have CURRENT government issued photo-ID.

Borrower: Oh, I didn’t realize that. Hmmm, let’s see. Yes, my ID is a current California Driver’s license expiring in 2017 and has the name Peter John Selinsky. It looks like we are in business. Jane’s license also has her name as Jane R Doe which is longer than the variation on the document. That is okay, right?

Notary: Longer on the ID works — shorter doesn’t. We are in business. See you at 6pm, and in the mean time — cross your eyes and dot your tees. See you soon.

Note: Some states will allow an expired ID if it was ISSUED within a specified number of years.

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

(2) What to say and what not to say
(a) Once assigned a signing, proceed to the signing at the appointed time.

(b) Don’t park in the driveway as that is considered rude — unless you have permission to do so. Don’t ask permission to park in the driveway unless there is a problem parking on the street. If the borrower has a one mile driveway that goes up a steep hill, or lives in a condo complex with assigned parking — ask for help.

(c) Don’t call the borrower a customer or client. The Title company is the end-user here hiring the signing company that hired you. You are the notary signing agent and they are the BORROWER.

(d) Answer the phone stating your name. Don’t say, “Hullo” and keep people guessing as to your identity. First of all it makes them ask who you are which is an unnecessary and aggravating extra step. Second, it is not professional. Third, they might confuse you with your daughter and start explaining the loan process to your daughter.

(e) Don’t let other people answer your business line. If your daughter uses the same line, then she must introduce herself when answering the phone.

(f) Don’t have background noise when answering the phone, and if there is noise, then apologize for the noise and move to a quieter location.

(g) Don’t answer the phone only to tell someone that now is a bad time to talk. If now is a bad time, then don’t answer the phone. If you answer the phone, give people at least 90 seconds of your time out of courtesy.

(h) Think twice before answering your phone at a signing. If you don’t, then you might miss the opportunity for your next job. If you do, then you will be being rude. Weight the factors before you answer your line.

(i) Tell the borrowers at the BEGINNING how long you can stay. Tell them that this is a signing appointment, and that if they need to read everything in detail, that they are welcome to read after the signing, and that they have (3) days to rescind if they don’t like what they read.

(j) This is a business meeting, so don’t talk about politics or religion as that might offend people. Even talking about the weather is off-topic. Your job is to get in, sign the documents, and get out to your nearest Fedex station as soon as possible.

(k) No drinks on the table — ever

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

(3) Signing as printed
Borrowers must sign their name exactly as printed — unless the lender or your contact person specifies otherwise.

If the name on the document doesn’t match the identification, then legally you can not notarize them under that typed name. In such a situation, consider using the Signature Affidavit to document the other names the person goes by and signing as the identification reads. In this situation you have a choice between satisfying the LOAN OFFICER, or your state’s Secretary of State. The lender can not put you in jail, but the latter party can. The law takes priority in this case.

If the signer’s name is James J Johnson, then they sign James J Johnson, and the middle initial J should ideally show up clearly. Otherwise the lender will have trouble selling the loan to a third party. Please take this into consideration as most loans are sold.

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

(4) When to call the Loan Officer, Title or Signing Company
If the borrower has any SPECIFIC questions about their loan, call the Loan Officer or whomever you have been instructed to call. If your appointment is under time pressure because you have to go to your next appointment, let all parties concerned know that you have to leave at 8pm whether their documents are signed or not. If you are knowledgeable enough to answer general types of questions about documents, you might consider answering them yourself unless your state has a law against notaries opening their mouth such as in Attorney states.

If the your contact person(s) is/are not there, then leave a message and wait 20 minutes for a return call. If you don’t get a call back, then leave another message and wait another 5 minutes before you give up.

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

(5) Your job is not to coerce
If a borrower doesn’t want to sign something, call the lender or your contact person. If you left a message and they don’t call back, don’t take matters into your own hands until after you called twice leaving the appropriate amount of waiting time between both calls. If you don’t hear back after the second waiting time, then explain how the borrower has three days to rescind and that they can talk to their lender during those three days to have the situation explained to them. Additionally, explain that their loan might not fund if they don’t sign.

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

(6) Reading instructions
Many loans come with an instructions sheet called a letter of instructions. Read that before doing anything. Take note about oral instructions too. Each lender has their own rules. It is your job to follow the rules. Some lenders want you to call them about any little thing. Others allow cross outs. A few don’t want you to confirm the signing. Many want you to break the law. Don’t break the law — but follow all legal instructions. By the way, if you don’t know your state’s law, then you won’t know if you are breaking it, and you can end up in court or jail very easily. Know the law!

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

(7) Following instructions
A lender named Chad assigns the notary a signing. Chad says that if there is any problem, to call him at 333-333-3333 immediately, otherwise you are fired. The notary goes to a signing for Joe. Joe gets half way through the stack and finds that he doesn’t like the XYZ document which is not notarized. Joe says that he refuses to sign. The notary calls the lender and gets, “Hi, this is Chad, I’m not here right now…”

Q. What is the next thing that the notary should do?

A. Leave a message and wait for a response. In the mean time, don’t twist the borrower’s arm into signing.

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

(8) Listening and answering questions
I ask notaries questions, and it is like pulling teeth to get responses.

Q. How many loans have you signed?

A. I have been signing loans for three years… actually, three and a half years.

Q. I think you didn’t understand the question. How many loans have you signed?

A. Oh, well, I do about five loans per week.

Q. I think we are having a communication gap, how many loans have you signed in your career?

A. Hmmm, I never thought about that.

This is an easy question, where the notary is really testing the signing company’s patience.

Q. What are your hours of operation?

A. Well, I’m flexible

Q. I’m sorry, but that is not an answer. I don’t know what flexible means. Please tell me what hours you are available to work.

A. Well, I start at 8am.

Q. Thanks for the starting time, without an ending time, I don’t know when you can work until, and this is incomplete information

A. Well, it depends.

Q. You are not being helpful. Please just tell me what hours you are generally available for signing work.

A. Hmmm, I guess from 8am until 10pm, unless my daughter is staying late for softball practice in which case only until 9:30pm, and then if I’m feeling tired then perhaps 8:45 pm, but then I am rarely tired, and then…

Q. I’m sorry, but I am filling in a form that has room for numbers — not stories. Do you have an ending time? If not, then I have to remove you from my list permanently.

A. Just put 8am to 8pm.

Q. Wouldn’t it have been easier for both of us if you had just started out saying 8 to 8? It was like pulling teeth to get a simple answer from you.

Many notaries cannot answer simple questions. If they are this incompetent about answering simple questions, how will they handle complicated snags in a signing? Will they do something that endangers the loan out of stupidity? I think we all know the answer to that question.

Q. How would you explain the APR to a non-borrowing spouse?

A. Hmmm, well in my state, the non-borrowering spouse is not responsible for signing the documents, except for the …. (long explanation)

Unfortunately, this notary is anwering a DIFFERENT question than the one asked. They will most likely get fired even though they are very knowledgeable. Signing companies need notaries who follow instructions and answer questions — preferably the same question that was asked.

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

(9) The RTC
For a non-investment refinance, the borrower has (3) days not including Sundays and Federal holidays to cancel their loan. The day of the signing is NOT included in counting the days. If you sign on a Saturday, then Monday is day one, Tuesday is day two, and Wednesday at 11:59pm is the deadline for cancelling the loan in writing by the acceptable stated methods (stated in the Right to Cancel document). Sometimes the notary is expected to write in the dates, or change the dates in the Right to Cancel. If you make a mistake you could ruin someone’s loan. Learn how to count the three days, and memorize your Federal holidays in sequential order. Also, some lenders do not allow CROSS OUTS in the right to cancel, so make sure you know what you are allowed to do or not allowed to do.

If the borrower signs where it says, “I wish to rescind”, then don’t cross out, just grab a borrower copy and start all over. WATCH signers, as they seem to sign in the wrong place a lot these days.

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

(10) Journal entries
Not all states require journals. However, your journal is your only evidence if you should ever have to go to court. Keep a THUMBPRINT of the signers in your journal just in case anyone suspects fraud. A thumbprint is the most potent piece of evidence about the identity of the signer. Keep in mind that identification documents can be forged. Additionally, women change their hairstyle a lot, so you might not be able to recognize them in their ID photo. Some states require journal thumbprints for documents effecting real property and powers of attorney. Since the notary’s primary job is to identify signers, why not use the most effective means of identification as a supplement to the identification? It is fast and easy and could keep you out of court!

Q. If two signers are signing three documents each, how many journal entries do you need?

A. A separate journal entry for each document per person, which equals SIX journal entries. Each entry needs to be completely documented and signed by the signer.

Please record any unusual circumstances of the signing in your journal if there is any blank space. Sometimes there is an additional notes section. That will be your evidence in court. So, write that information with the intention of understanding what you were talking about when you read it five years after the fact. Your memory will fade, so be as thorough as possible and include all details that will job your memory.

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

(11) Smudgy seals
New notaries don’t understand that certain documents get recorded with the county recorder. Each individual at each of the USA’s different county recorder offices has different standards. They have the right to be very picky if they like. They might not like cross outs, light seal impressions, seal impressions with missing corners, or smudgy seals. Be careful when you are notarizing a recorded document. If you smudge your seal, you can use a loose certificate, and attach it to the corresponding document. The lender might not like that, but the law likes that and recorders will not complain about that.

Deeds, Mortgages, Subordination Agreements, and documents with the term Lien are likely to be recorded in addition to some Powers of Attorney.

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

(12) Cross outs (Acknowledgments)
If there is wrong information on an Acknowledgment certificate, what do you do? Out of state wording that is not acceptable in your home state? Wrong information in the Venue such as a wrong county? What if the form says that two signers are showing up, but only one actually shows up? Should you cross out or attach a loose certificate? You can notarize a document twice if you have two journal entries in case you want to do both. If you add a loose certificate, make sure you LABEL the additional information section completely. A fraud could reattach your certificate to a DIFFERENT document signed by the same signer if you don’t document the name of the document, number of pages, document date, and any other information that your loose certificate might indicate.

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

(13) Don’t leave unsigned paperwork with the borrowers
If the borrower won’t sign one or more papers, then load it up into the outgoing Fedex. The borrower’s copies are for the borrowers, not the lender copies.

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

(14) Confirmation of completion
Confirming the signing before the signing
Just say, “Hi this is Frank, I completed the signing for the Mazzingos at 14 Cherry Lane, Twingsboro, MA. The Fedex tracking number is 3333-3333-3333, I repeat, the Fedex tracking number is 3333-3333-3333. Call me if you have any issues.

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

(15) Don’t backdate
If asked to put a date on a notarization different from the date you went out — that is illegal — just say no!

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

(16) Never use white out

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

(17) Fedexing the documents
As documents are time sensitive, get them in the Fedex drop box as soon as you can (or drop box of whatever courier you are using). If you need to hear back from your contact person concerning a signing, don’t delay getting the documents back while you wait, as you might endanger the lender from getting things processed before the deadline. If you wait until the next morning to send it back because you are waiting for the signing company to call you, you might get busy the next day, and forget to put the Fedex in the drop box. You might miss the deadline, the documents would get back late. The borrower could even lose their lock in the worst scenario and sue you for $20,000. Don’t play games with time sensitivity.

Also, use a drop box at a Fedex hub, or manned station. Drop boxes in remote areas are not always picked up on schedule, and you will be in big trouble if they are not picked up. Know your local stations by memory so you know where to go, and don’t procrastinate. Get the documents in the box the night of the signing. Don’t wait until the next day unless you are forced to.

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

(18) Don’t send loose certificates in the mail

Lenders are notorious about asking notaries to send loose certificates in the mail. That is illegal and can be used for fraud. If asked to do this, just ask for them to get the original document back to you with the original certificate. Then, destroy the original certificate and attach a new one. You do not need to see the signer again, just as long as there is only ONE well documented certificate floating around — attached to the document in question. Make sure to label the certificate with the document name, document date, number of pages, and any other identifying information you can think of to prevent the reattachment of that certificate to some OTHER document which would be frauduluent.

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

(19) Additional visits
You might be asked to make an additional visit to a borrower. Make sure that the company who hires you has a good payment record. You are much LESS likely to get paid for a second visit than you are for a regular signing as it might not be in the company’s budget. Be careful. On the other hand, companies will be very unlikely to use you in the future if you don’t make 2nd visits upon request — so also be careful.

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

(20) The 48 hour rule
Notaries need to be available by email and phone within 48 hours after the signing. If the signing company or lender needs to talk to you, and they can’t reach you, they will write a complaint on your listing on 123notary and that will stay there permanently. They might need you to go back to the borrowers, or they might need to clarify something with you.

Share
>

April 10, 2013

Grandma’s notary service & Paralysis notary service

Here are some more notary services that you probably wouldn’t want to hire!

Grandma’s notary service
No signing is complete without home made milk and cookies. And I have the experience to get the job done. I’ve been a notary for 60 years, sonny. I’ve been a notary since before many of you whippersnappers were even born! I know my community well, as I have been living here since 1924. My family has owned the house here since the early 1800’s you know!

Cleanup notary service
Half of our new jobs start out as repair work. A less experienced notary would originally be hired, they would screw up the paperwork, and I would be called after the fact to clean up the mess. And that is one reason we are called Cleanup notary service. You will know the other reason when you see the kind of obscene profits that we make!

Comfort notary service
We always make the borrowers feel comfortable. But, please make us comfortable too by paying us on time!

Roxanne’s Naughty or nice notary service
If you have been nice, you will get a present this Christmas. But, if you have been naughty, then call us!

Paralysis notary service
Specializing in hospital signings. We are very familiar with the Signature by X procedure with signing or subscribing witnesses. We use this procedure almost daily — or so it seems. We can also notarize the signatures of dead drunks. Call us for late night bar notarization services. We will notarize what is left of your signature and give you a ride home too!

ARM & LEG Notary
Specializing in Adjustable Rate Mortgages. Give us an ARM, and we will charge you and arm and a leg. How much of an arm and leg? An adjustable arm and an adjustable leg! Just call Armen Kachaturian or email us at armen@arm&legnotary.com.

The Notary Nazi
When you call me, don’t tell me your life story — I don’t want to hear it. You must communicate with me exactly as follows:
(1) Tell me your name
(2) Tell me the name of the document you need notarized
(3) Tell me what type of notarization you required. Don’t ask me to make recommendations. I don’t give consultations — Notariations ONLY! — NO EXCEPTIONS!
(4) Tell me what time you need my service
Signings are $40 travel fee and $10 per signature — No Exceptions
Any failure to abide by my clearly laid out instructions will result in suspension of notary services.
No Notarizations For You — 2 months! You are banned from using my service!

I got in this business because Elaine from Seinfeld divulged my soup recipes to everyone. These soup recipes have been in my family for generations. How could she! So, after that I refused to make soup for anyone ever again. I used to be known as The Soup Nazi. Now, I am The Notary Nazi.

Want a notarization — follow the rules — or else NO NOTARIZATION FOR YOU.

Excon Notarizations
Have your notary work done by an ex-con! And my prices are rock bottom, so it will be very exconomical! But, don’t try to fool me, you can’t fool a con! I know all the tricks. I can spot a fake ID from a mile away too. Excon Notarizations — put a little shadiness into your signings!

Shelly’s Bad Notary Service
Why should you hire us if we are bad? We are not bad. We are the notary service you call if YOU have been bad. Shelly’s Bad Notary Service — so good… it’s bad!

You might also like:

Comedic suggestions for slogans for particular names of Notaries on our site
http://blog.123notary.com/?p=20410

The Starbucks notary wises up
http://blog.123notary.com/?p=4207

7 famous quotes from our blogs
http://blog.123notary.com/?p=3663

Share
>

February 9, 2013

2013 Phoninar Quick Course

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

Here is the study guide for the phoninar!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dealing with errors in signings

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You might also like:

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

Notary Marketing 102
http://blog.123notary.com/?p=19774

Beginner Notaries 103
http://blog.123notary.com/?p=21112

Share
>

August 27, 2012

Notarizing Documents for the Elderly

Notarizing for the elderly: Making a difference

Notarizing documents for the elderly can sometimes be a precarious task. At best, it can also be very rewarding, a chance to save senior citizens from poor medical or financial decisions. Some of our notaries have recently done a great service by scrupulously looking out for this fragile population and speaking out in order to protect them.

A California notary tells us, “I was going to a signing, and I really didn’t have any information about the borrower. The caregiver for the elderly man answered the door, and said ‘Are you aware that Mr. Jones has Alzheimer’s? He thinks you are here to give him $3000. He was cleaning the house all night to impress you.’ Apparently, someone had called him from an Internet company and had gotten him to do the loan. The care attendant said she would have to call the man’s son. I left the loan documents with the man, and immediately called the loan officer. I said, ‘This man’s son has a power of attorney. If I hear of this man signing these documents himself, I will turn you in.’ I never heard from them again,” sighs the California notary, who knows to this day she provided an unanticipated service for Mr. Jones.

Another California notary from Oakland tells a similar story: he came to notarize a refinance, but the woman who owned the home did not want to sign. It turned out that the ‘relative’ who was claiming to have a valid power of attorney was not even related to the homeowner…but had somehow persuaded the lender that she had a POA–and was planning to drain $20,000 from the home and then put the woman in a nursing home. The notary got a bad feeling about all this when he first called to confirm the signing. The old woman confided in the notary her unwillingness to sign, and the notary, on a hunch, called the authorities. They arrested the “relative”…and an actual relative was called upon to assist. Luckily, the equity in the home remained intact, and our notary was very pleased. “It was just lucky that I realized what was going on,” he says, “and made the call. Some people might say it wasn’t any of my business. A notary actually is taken quite seriously as a ‘reporter’ in cases like this. I was glad I did what I did,” says our California notary.

“One man thought he was getting back $400 more on his loan than he actually did. When we went over the paperwork, he actually started crying. I was able to explain things to him, but he chose to call the lender and delay the closing…although he did end up closing that week. The lender did something for him, made some deal with him that made him feel better. Many elderly people feel they are being taken advantage of, and many are in a position of weakness. I see a lot of happy, wealthy elderly, some who own several houses in several parts of the country. I also see a lot of poor people who are elderly and who never recovered from 2008,” says one Hawaii notary with relatives in California. “We are trying to do more to protect them.”

A Hawaii notary in Honolulu who does a lot of notary work with the elderly tells us, “Sometimes at a hospital signing I have to determine whether or not the person knows what he or she is signing. I ask the person’s name and I keep asking questions. If the person does not know what he or she is signing, I leave.” Our astute young Hawaii notary adds, “There are lots of times there is a doubt as to the competence of the person, and you really have to be very sure. Your have to protect their interests. That is why it is good that California, for instance, just passed a new law regarding notarizing a power of attorney.” [see blog June 3 2012 “A New California Notary Law”]

Tweets:
(1) Notarizing documents for the elderly can sometimes be a precarious task; at best very rewarding
(2) “Are you aware that Mr. Jones (the signer) has Alzeimers? He thinks ur here to give him $3000!”
(3) Many elderly signers feel they are being taken advantage of, and that they have a weakness.

You might also like:

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

Dragging the person’s arm: A signing for an elderly woman
http://blog.123notary.com/?p=610

Share
>
« Newer PostsOlder Posts »