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February 12, 2019

Parties involved in a Power of Attorney

In a Power of Attorney there are a handful of parties that could be involved.

Attorney
This is the person who hopefully is supervising you in the Power of Attorney creation, drafting and notarizing process. It is not recommended to engage in this process without professional leadership from an Attorney specializing in whatever you are doing.

Grantor
The Grantor is the person giving powers to someone else. He is also called the Principal signer.

Principal
The Principal is the entity signing the Power of Attorney to give powers to another party namely the Grantee, Agent or Attorney in Fact

Agent
The Agent is the party who has been given special powers by virtue of the fact that the Power of Attorney was signed

Attorney in Fact
This is a more formal term for Agent, or the person who receives rights, privileges or powers after the signing of a Power of Attorney

Grantee
The party once again who receives rights from the signing of a Power of Attorney who is only called a Grantee in the document itself but called an Attorney in fact or Agent in real life.

Notary Public
The party who notarizes the Power of Attorney. The Notary act most appropriate for this type of document would be an Acknowledgment.

Custodian
The party who holds on to the Power of Attorney is called a custodian. This might be a bank, financial bureau, county clerk, attorney, or other entity or entities. There might be more than one entity holding on to a Power of Attorney.

You might also like:

How do I get a notarized power of attorney?
http://blog.123notary.com/?p=18909

Power of Attorney of the future
http://blog.123notary.com/?p=18948

Living Will vs. Medical Power of Attorney
http://blog.123notary.com/?p=18966

Index of posts about power of attorney
http://blog.123notary.com/?p=20255

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February 11, 2019

Certifying a Power of Attorney

In certain states, a Notary can certify a Power of Attorney. It is called a California Copy Certification of a Power of Attorney.

You need a specific NNA form for this Notary act.

The certificate form has room for the state, county, date, and a statement.

I certify that the attached document is a true, complete, and unaltered copy of a power of attorney presented to and examined by me on this date by (name of person presenting the document.) Under section 4207 of the California probate code.

Then the Notary should write in his/her name and sign, plus affix their official Notary seal.

People very rarely get this act done, but it is possible.

You might also like:

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of Posts about Power of Attorney
http://blog.123notary.com/?p=20255

How do I get a notarized Power of Attorney?
http://blog.123notary.com/?p=18909

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February 10, 2019

Proof of Execution

Filed under: Notary Acts & Certificates — Tags: , — admin @ 10:48 am

What is a Proof of execution? This is an unusual Notary act that few Notaries have ever done. Yet it is allowed in roughly 45 of the 50 states. A Proof of Execution is an act where a Principal signer signs a document in the presence of a Subscribing Witness. The Subscribing Witness then soon after swears under Oath before a Notary Public that the principal signer signed the document in their presence. This type of notary act is prohibited for Deeds and Powers of Attorney, but for less critical documents is allowed.

You might also like:

Proof of Execution and basic notary acts in Notary Public 101
http://blog.123notary.com/?p=19500

Which Notary act does not require the personal appearance of the principal signer?
http://blog.123notary.com/?p=19668

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Glossary Proof of Execution
http://www.123notary.com/glossary/?proof-of-execution

Glossary Power of Attorney
http://www.123notary.com/glossary/?power-of-attorney

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February 8, 2019

Mission Impossible — Notary Version

Filed under: Humorous Posts — admin @ 7:33 am

Tom Cruise Does His Own Stunts in his Biggest Blockbuster Yet – Mission Impossible: The Notary

Your mission, if you choose to accept it… deal with a difficult signer who wants his family to move and if the signer signs a deed in trust, he’ll be locked into the mortgage and won’t be able to sell the house. You’re Tom Cruise. If they pay you 20 million more than a notary’s salary, you’ll accept anything!

Cut to: Tom is in the middle of a signing in a high rise for a husband and wife. The deranged high school drop out son doesn’t want the family to move. Since the signer would suffer economic consequences if he sold the house within several years of the new mortgage, the son runs in the signing, swipes the Deed of Trust, starts running up the stairs towards the roof and jumps off with his parasail. Tom quickly follows, encounters a rooftop party up there, pushes a reveler off the sofa, hops on the couch and leaps off it even more effectively than he did on the Oprah Winfrey Show couch, landing on the fleeing guy’s parasail just as he jumps off the building.

After the parasail lands, Tom and the son dismount. After a fist fight ensues, the son jumps into his getaway car. Tom hijacks another car with a bumper sticker that reads “Honk if You Hate Scientology.” Suddenly Tom’s eardrums nearly shatter from a whole bunch of cars loudly honking. After Tom notes what they’re honking at, a very, very wide bumper sticker that reads, “Honk if You Hate Signing Companies that take more than sixty days to pay if you’ve already sent two invoices,” Tom gives the other loud honkers the thumbs up and starts loudly honking himself.

Tom keeps following the other bad guy/signer, ending up in an industrial area on a narrow street. The car he’s pursuing is now two hundred feet ahead. With a truck coming toward Cruise at a 90-degree angle, he’ll be blocked unless he wants to shave his roof off! Tom screeches to a halt, rolls under the truck and runs towards the other car now a block ahead of him but blocked by 73 pedestrians on a field trip. The bad guy signer exits his car and starts to run, Tom runs towards him, flings his embosser at the guy’s head, knocks him out and retrieves the deed of trust!

By movie’s end, Tom finishes the signing, drops it at Fed Ex before the cutoff, and then asks the baddie in handcuffs:

“By the way, where did you get that parasail? It was an impressively smooth landing, no jerky motion or anything!”

Bad guy: “I went to Parasailsforless.com!”

Tom’s too rich to buy anything for less.

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February 4, 2019

Compilation – Best blog posts from 2010

Filed under: Compilations — admin @ 6:10 am

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TOP

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

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MARKETING

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Bilingual Notaries – how often are they needed?
http://blog.123notary.com/?p=238

Business cards for Notaries
http://blog.123notary.com/?p=36

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

2010 version – everything you need to know about notary advertising
http://blog.123notary.com/?p=30

Getting Paid the ins and outs
http://blog.123notary.com/?p=27

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SOCIAL

Welcome to the 123notary Blog
http://blog.123notary.com/?p=1

Social Media – what we are doing
http://blog.123notary.com/?p=3

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

TECHNICAL

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

Everything you need to know about journals
http://blog.123notary.com/?p=70

Signature by X
http://blog.123notary.com/?p=203

911 and California Law Changes
http://blog.123notary.com/?p=212

New laws for Notaries in Illinois
http://blog.123notary.com/?p=198

Jail Notary jobs from A to Z
http://blog.123notary.com/?p=151

Credible Witnesses – When ID and docs have different names
http://blog.123notary.com/?p=230

Typical Things Notaries do Wrong
http://blog.123notary.com/?p=58

Meeting clients at a jail
http://blog.123notary.com/?p=274

12 points on eNotarizations
http://blog.123notary.com/?p=228

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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

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2 Credible Witnesses
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California Notary credible witness form
California Notary Oath of credible witness

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February 2, 2019

Banks need Notaries to be on staff

Filed under: Marketing Articles — admin @ 7:33 am

If you are a Notary Public and want to get work, banks seem to need to have Notaries on staff. You need to have other skills to, but the fact you are a Notary really makes you a whole lot more attractive since they need that service often.

Bank Notaries
Banks typically offer Notary services. They often offer this service free to their clients or at least for a reasonable cost. They need you to have mastered whatever skills are pertinent for the position you are applying for. But having a current Notary commission gives you that extra edge and can help you get hired at a bank a lot more easily.

Issues for Bank Notaries
Some Notaries get their commission on their own. but, other Notaries have their notary commission paid for by their boss which complicates matters a bit. Some Notaries have an exclusivity agreement where they can only Notarize for their boss. The nature of this agreement might be based on whatever your particular state laws allow. Therefor I cannot make any generalized statements about this type of agreement. An exclusivity agreement says that the Notary can only notarize for clients of the boss. Or it might say the Notary can only notarize for clients during hours of business. However, the journal and seal are still the exclusive property of the Notary Public regardless of who paid for their commission (assuming your state requires journals and not all states do). If the boss wants to see their journal, they can look up a particular entry in the presence of the Notary, but may not walk off with the Notary journal.

Notary Identification
A Notary at a bank can do a notarization for someone who walks in. The signer or customer would need to have a current or valid identification card or passport that is acceptable in your state. Generally drivers licenses, state ID cards, military ID, and passports would be accepted in any state and other types of ID might be also depending on what it is and what state you are located in.

Can a Bank Notary Notarize for a non-customer?
They may or may not, and that is on a bank by bank basis.

What can a Bank Notary Charge?
Once again, some banks offer free notarizations while others charge for their services. Maximum fees are based on state laws and you can find out by googling your state notary division’s website.

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February 1, 2019

The Me Too Movement affects Notaries in the workplace at a bank

Filed under: Humorous Posts — admin @ 7:32 am

Me Too Movement Meets the Bank Notary

In this era of sensitivity when it comes to unwanted sexual behavior in the workplace, even bank notaries need to be mindful.

Male co-worker: (to female notary) “Ooh, I love your seal.”

Female notary: “I’d like to have HR ram it up your rear end for sexual harassment.”

Male co-worker: “Wait. How is having something rammed up my rear my end not sexual harassment?”

Female notary: “Typical guy. With you, everything’s sexual.

Male co-worker: “Are you willing to sign an affidavit swearing under penalty of perjury that with me, everything’s sexual?”

Female notary: “Why ‘affidavit’? Sounds like ‘David’. Why not ‘affiMary?’

Male co-worker: “Look, I realize we all need to be more sensitive and attuned to sexual equality. But isn’t that a little nuts?”

Female notary: “Nuts?”

Male co-worker: “As in ‘crazy,’ not… you know!”

Just then, the boss arrived and asked the female notary, “Can I see your journal?”

Female notary: “You may be my boss, but I’d really appreciate it if you keep your suggestive comments to yourself, sir. How much of my journal do you need to see?”

Boss: “I need to review the misfeasance report.”

Female notary: “Misfeasance? Why not… Miz..feasance?”

Just then, Matt Lauer and Harvey Weinstein enter the bank.

Matt: (to female notary): “Sweetheart, I need to get something notarized.”

Female notary (beaming): “You’re Matt Lauer!”

Harvey Weinstein: (to Matt): “Hey! Don’t call her sweetheart. That’s sexist!”

Female notary: (to Weinstein) “Shut up, you pig.”

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January 31, 2019

My new health regimen left me without my favorite foods

Filed under: General Stories — admin @ 12:36 am

I have not had much to drink in ten years, but I love to eat, and fatty foods are not a popular choice for my liver and gall bladder which regularly complain. Finally I went to the doctor after feeling not exactly dizzy, but having a feeling that my head was not completely connecting to my body and feeling heaviness in my arms and legs. I was sent to get ultrasound and the results were that (no, it was not a boy.) I had a stone in my gall bladder and a fatty liver. Gulp. The doc said it was time to eliminate deep fried foods and lose weight.

I have had a rule against french fries for the last ten years because my gall bladder cannot stand them. But, now I had to get rid of a bunch of other things on my list. Don’t get me wrong, I have salads, fruits and good things too, but, here are the culprits in my health condition.

Indian curries — too much grease in the sauce
Pakora — deep fried, so that is out.
Fried Chicken — too greasy.
Ice Cream — But, I used to have that several times a week and loved it.
Wine — My two glasses per week are out because it upsets the liver a little bit.
Meat — too much cholesterol and fat.
Soy Milk – too much estrogen and bad hormones and other bad things that I don’t completely understand.Only had it once per week.

So, what would I replace the wrong things on my diet with.

Curries replaced with Aloo Gobhi. (is it Ghobi or Gobhi? I know there is an h, but where is it the Hindi word for cauliflower?)
Pakoras replaced with samosas. Still a little bit greasy, but not as bad
Fried chicken and rotisserie chicken off the list completely replaced by an apple and bread.
Ice Cream — I thought I would die without it. Dessert is replaced by smoked almonds and mango lassi’s or mango juice.
Wine – There is no substitute for wine other than cherry juice. It’s just not the same.
Meat — I am having more fish and more squash and veggies and smaller less frequent portions of meat.
Rice — I am having less carbs too. More oats, less rice. I’ll have more veggies and potatoes with skins on instead of lots of rice.
Soy Milk — Replaced with fruit and/or bread.

Questions
1. An Irishman went into an Indian restaurant and asked why the had mango lassi’s but no mango lads.
2. My new favorite food is mango juice. Instead of missing the old foods I love, now I look forward to my newly discovered favorite of mango juice and smoked almonds. But, today I am juice fasting and mango juice has pulp, so I am really missing it today. The Indian stores sell it pure, but the American stores mix it with apple and other juices. I don’t want Mango Tango — I want just mango!
3. How long to revive the liver and gall bladder? Perhaps a year or two for the liver if I behave. Gall stones are hard or impossible to dissolve, but I am taking peppermint extract and pear juice to soften and dissolve my single stone. My guru says it will work but will take five years. Just as long as it is less than 1cm, then it is not dangerous anymore, so let’s hope we get to that point soon.

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January 30, 2019

How I succeeded creating an online business

Filed under: General Stories — admin @ 11:42 am

Many people try to create an online business, but most don’t get anywhere. The costs are high, the complications are endless, the talent you need is hard to fulfill, and then, everything changes the minute you have learned the game.

When I first started 123notary, I put a bunch of names on geographically distinct lists. Different counties, states and zip code areas had lists of Notaries. I knew at that point that a directory is more than just a list of names. So, I made sure people were still in business as I had seen many other directories where many had dysfunctional phones, etc.

I wanted listings to look good, so I made sure that people had notes about their service, extra counties and a lot of information.

Next I had to get my directory seen, so I had to invest heavily in online advertising, and call a lot of title and signing companies who used Notaries. We also had many campaigns to have a lot of incoming links. The work was hard, but in those early days, advertising on Google Adwords and Yahoo was cheap. The cost went up and then my struggles changed.

Google Adwords went from 5 cents a click up to more than a dollar. I had to think, otherwise I would be put out of business by a changing tide of economic conditions that happened all of a sudden. So, my SEO specialist / programmer taught me Zen and the art of getting organic clicks. We also expanded our list of keywords that we paid for to over 1000, so that we could big less on each word, but still attract a lot of traffic. This strategy worked and made staying afloat affordable.

Then, the social media revolution came. I had to learn to blog, do Facebook and Twitter. It took many years to get good at each of these skills. I may not have started out with any talent, but I acquired some over time. Imagine how hard it is to please a crowd of highly critical Notaries day after day, year after year. I had to think of new ideas for articles at least twenty times per month. Can you do that?

Facebook changed its algorithm, and now to do well on Facebook, it is only your winning content that will do well at all. The other junk you write will just not get seen much. The secret is figuring out how to create hot content consistently and then you will dominate market share on Zuckerberg’s wonder engine. This algorithm change was a monumental challenge to promoting our business.

Google also changed its algorithm a few years ago. Blog writing was promoted highly on Google for a while, and then they did not give as favorable placement to blogs after that. Only the good blogs survived.

Finally, once I had mastered the game and learned to adapt to all of the algorithm changes of the various internet Gods who I was trying to please — the bottom dropped out of the Notary industry. And Snapdocs gained popularity. I tried so hard to compete with SnapDocs. I tried screening our Notaries for quality. I tried adding more quantity. Nothing was working. I will try some new algorithms for my search results in the future. We will see how those work out.

So, that is what creating an online business was like for me. An uphill battle that is never ending. Thank God I survived, but it was through pure determination and a skill set that I had to keep evolving.

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