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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

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January 29, 2022

My date with Jeremy

Filed under: Best Humorous Posts,Humorous Posts,Popular on Twitter 2011,Popular Overall — Tags: , , , , , , — admin @ 11:19 pm

This article was originally published in 2013.

He was striking and utterly took my breath away–like a traffic accident. I couldn’t take my eyes off of him. He had deep, penetrating gray eyes that seemed to notice everything. His shirt was the color of numbers.

We got out of the car at the restaurant. He took the ticket stub the valet handed him and scrutinized the numbers. “These add up to 33, an excellent number for business,” Jeremy noted. “I hope my good fortune extends to this restaurant as well. Let’s go in and see what’s on the menu.”

The sign above the entrance said Le Jurat.

“How did you pick this restaurant?” I asked.

“I have an algorithm for restaurants,” Jeremy said, opening the door for me.

“How chivalrous!” I replied. I was in awe of him, and I didn’t know what else to say.

“I assess the restaurant according to reviews, how they answer the phone, and zip code… and then I try the food,” he explained. “I test the food before bringing a friend here. Sometimes the reviews don’t match the quality of the service provider. In my opinion, good reviews don’t necessarily translate to good service–but I don’t know if you subscribe to that opinion, Sealia.”

As we were being taken to our table, a woman with frizzed red hair like the bride of Frankenstein ran up to Jeremy, tapped him on the shoulder, and demanded–“My password! I need my password! I can’t get in to update my page!”

Jeremy looked her in the eye and said sternly, “I’m having dinner. I emailed you your password three times in the last few months. You need to request it by email. Not now.”

I wondered exactly what the woman was talking about…and whether this man ever had any time to himself.

The decor of Le Jurat was elegant, parchment beige with traces of pink and gold, and there was no waiting line, yet the restaurant was full–an amazing combination for a Saturday night in Los Angeles. On all the tables, a little sign next to the placemats read, “Customers who subscribe to our newsletter have sworn by us…” The music playing in the background was “I Swear” by John Michael Montgomery…

“When I was choosing restaurants,” Jeremy said slyly, “it was a choice between this place and a Christian Korean place called the Hyung Moon Temple where the signature dish was Stained Glass Noodles.”

I laughed. “So tell me about this business of yours,” I asked. “What exactly do you do for notaries?”

“I provide advertising, education, and entertainment for notaries–visit us on Facebook! I also use algorithms to assess the notaries’ performance and knowledge.”

“I didn’t know Al Gore had rhythm,” I smiled and nodded.

“I didn’t know he had rhythm, either.” His phone rang. “123notary, this is Jeremy” he stated automatically.

“It’s Vicki from Hyung Moon,” he said aloud; “Sorry, Vicki, I have to cancel…I will not be able to make it this evening. I wish to rescind.”

He hung up quietly and said, “I kind of double booked…”

He was just about to smile again when the phone rang–again.

“Hullo,” screeched a voice.

“123notary, this is Jeremy.”

“Are you a notorizor?”

“I used to be a notary but I’m not anymore. Please look on 123notary. I’m the site administrator. Please call a notary on the site. Have a nice night. Goodbye.”

Again the phone rang,
but this time, he glanced at the number and said, “I’m not going to answer now because I’m with you, but I’ll have to call them back in exactly one hour and 56 minutes. That will be the best time to speak with this person who wants to take a phone test. I remember their number and the exact time they said would be optimal to call. That gives us enough time to have our meal and a dessert…before we go to FedEx to finalize the date,” he said, focusing on a tiny spot on the tablecloth.

“FedEx?” I said. “Why FedEx?”

“That’s where my dates always end–at a FedEx drop box.”

We tried to catch the waiter’s attention. “Hey–the waiter didn’t even acknowledge us!” Jeremy quipped. “Do you think our waiter will personally appear before us? I would like to order the Soup du Jurat…and a Certified Angus Burger…I like this restaurant because it’s 24 hours…although they don’t answer the phone after 11…if you want late-night service you have to call before 11… ”

I decided on the Rack of Lamb. “Is that a dual rack or a single?” I asked the waiter, who had finally appeared.

“Well, technically it’s a single rack….but we put in a separator program…so the legal size chops can go on a legal-sized plate.”

“If I don’t like the entree, do I have the right to cancel?” Jeremy demanded.

Finally the waiter delivered the food–and not a minute too soon.

“This lamb is delicious!” I said.

Jeremy ate his certified burger. “This stuff is as good as Kobe beef!” he replied.

“So what is it really like running 123notary?” I asked.

“It’s like dealing with a series of situations that never end,” he said.

“So it’s like marriage,” I said.

“That’s a good analogy. Trying to get people to do what they’re supposed to is like separating ribs. I need people to answer their phone, or write their Notes. They don’t all do it.”

“So it’s like a cross between babysitting and marriage…”

“Another good analogy! We’re really on the same page here. Would you like to have dessert at Le Venue down the street?”

“I’d love to!”

“Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”

The waiter brought the check.

“When is my first payment due?” asked Jeremy.

“In five minutes,” the waiter answered. “The term of your loan is 45 minutes–with no accrued interest. The final payment is due tonight as well.”

“Is my APR different from my rate?”

“They are the same–due to the fact that we are not adding finance charges to your transaction,” the waiter explained.

“I see your point.”

“There are no points– because points would be considered finance charges–and no origination fee,” concluded the waiter.

“This conversation is completely irrelevant, considering there is no security instrument,” said Jeremy.

The waiter returned with the credit card statement.

“What color ink would you like me to sign with, black or blue?”

“Either. Just as long as you are personally appearing before me, I can accept your signature…but I could give you an oath…because I saw you were raising your right hand as you were trying to hail me,” the waiter replied.

“Shall we leave?” I asked Jeremy.

“Let’s go,” he said.

We walked down the street to Le Venue, a Restaurant for Notaries, for dessert.

“What county are we in?” Jeremy asked the hostess.

“Why do you need to know?”

“You always need to know what county you’re in when you fill out a venue. You’re not a notary, are you?” Jeremy told the hostess.

“Is everyone here a notary?” he asked the waiter.

“Pretty much…except the hostess,” the waiter replied.

I noticed the placemats read, “State of California…”

We looked at the menu anyway, even though we were only there for dessert…and saw “Roast Seal with Ink.”

Jeremy considered the mousse for dessert…

“What county is the mousse from?” Jeremy asked.

“It’s not from a county, it’s from a province, sir” the waiter replied.

“Can we get an Alaskan mousse?” …

“How about this dessert made with oreo cookies– what a great raised seal they have!” I suggested.

“Does the seal on the embossed cookie have an expiration date?” Jeremy asked.

“It doesn’t expire until 2015,” the waiter attested.

“How about the analytics dessert? It’s a graph… It’s in the form of a pie graph…”

“Oh, I can’t eat a whole pie…” I said.

“Well, most of the pieces are missing…the anayltics weren’t very good…” Jeremy pointed out.

Jeremy got the mousse, and I asked for the Locus Sigilli Sundae.

“Today is Friday. Do you serve the sundae today–or only on Sundays and federal holidays?”

“We serve this sundae with the oreos every day, sir,” the waiter replied.

The food was perfect.

“I can’t finish my dessert,” I said. Can you finish it for me?” I asked.

“I think we have to get a power of attorney for me to finish your dessert,” Jeremy replied.

On the way out, he went up to the hostess and asked, “Can you validate us?”

“You’re a very nice person,” she told him, smiling.

“No, I mean stamp our parking receipt…Can I stamp it myself? I’m a notary; that’s my thing. Can I backdate it? We’ve been here quite a while…”

“No, sorry sir, we don’t allow that…”

“I enjoyed eating the date stamped on my oreos…” I said, wondering what to expect next.

“I enjoyed eating my mousse…but I would have enjoyed it more if the antlers hadn’t been crushed by the car that hit it in the dark, ” Jeremy laughed. “Can I take you home?” Jeremy asked softly.

“No….just drop me off at the FedEx drop box.”

Tweets:
(1) “Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”
(2) The waiter brought the check. “When is my first payment due?” asked Jeremy.
(3) “Does the seal on the embossed oreo cookie have an expiration date?” Jeremy asked.
(4) The notary asked, “Can I get an Alaskan moose with Russian dressing. They’re our next door neighbors!”
(5) Running 123notary is more like babysitting than you think,
“Did you update your listing? Did you update your notes? Did you renew yet?”
(6) “FedEx?” I said. “Why FedEx?” “That’s where my dates always end–at a FedEx drop box.”
(7) Running 123notary is like a cross between babysitting & a marriage. A bunch of situations that never end!

You might also like:

My 2nd date with Jeremy
http://blog.123notary.com/?p=7074

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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January 16, 2022

Quiz: You know you’re a good Notary when you…

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 9:54 am

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

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You know you’re a Notary Public when… (36 examples)
http://blog.123notary.com/?p=16038

Honey, you can kiss my app!
http://blog.123notary.com/?p=14902

Notary aptitude test
http://blog.123notary.com/?p=15853

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January 9, 2022

Which rules are laws, Lender practices, or best practices?

Filed under: Loan Signing 101 — Tags: , , , , , — admin @ 9:24 am

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Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

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The ID says John Smith
http://blog.123notary.com/?p=19953

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Filed under: Loan Signing 101 — Tags: , , — admin @ 10:13 pm

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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13 ways to get sued as a Notary
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June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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April 22, 2021

Commentary on NNA’s post about accepting tips

Filed under: Business Tips — admin @ 8:26 am

In the NNA blog, they published a very nicely written document about whether or not it is ethical to accept tips as a Notary Public. The law seems to omit covering this point.

An improper influence?
NNA’s position (I can see them asking me to not mention them in my blogs within hours of when this is published, but here goes) is that you should NOT accept tips as it could be seen as an improper influence.

Here is my commentary

In-house services
If you are providing in-house Notary services, there is a state maximum for which you can charge. In california it is $15 for an Acknowledgment or Jurat. You cannot ask for more than that. If someone gives you a gift of an extra tip, it seems a little questionable to me. On the one hand you are in the clear in certain ways since you did not ask for that extra money. On the other hand, you violated the maximum fee in a sense. In this situation, I agree with the NNA that it would be better not to accept a tip.

Mobile services (not called out-house unless you really need to go.)
If you are providing mobile notary services and your state doesn’t have any Marxist restrictions on your liberty to determine your own pricing, in my opinion, the customer can offer you any type of tip they like. You are not restricted in any way as there is no price fixing for mobile work in most states (there are nine states or so that do have restrictions.)

Any small tip could be construed as an influence, one perhaps for more favorable scheduling and service next time around. However, it doesn’t seem credible as a bribe to be coerced into doing something illegal or unethical like backdating or falsifying someone’s identity. Bribes for those types of illegal services would be in the tens of thousands and not an extra $5. An extra $10 is an innocent way of saying thank you and we value you, not a bribe.

One of the greatest joys as a mobile notary is to get one of those wealthy, generous and charismatic clients who is flamboyant in the praises and gifts that they give you. If you are a Notary who makes their life easy and pleasant, you deserve those gifts in my opinion. Notaries have been given gift certificates, movie passes, boxes of chocolates, and more. As an in-house Notary, it is slightly questionable and “safer” as the NNA claims not to accept this gift. But, it is not illegal to accept a gift from someone and you might offend them or hurt their feelings if you don’t.

So, I respectfully agree, while disagreeing with the NNA on this issue, but I do respect their correct idea that it is “safer” not to accept gifts. It’s also safer for a ship never to leave the harbor, but then what good is it being a ship if you just sit there collecting barnacles?

Here is the original post and it’s interesting
https://www.nationalnotary.org/notary-bulletin/blog/2019/11/should-notaries-accept-tips-and-gratuities?utm_campaign=bulletin20201207&utm_medium=sociall&utm_source=facebook&utm_content=AcceptingTips&fbclid=IwAR33D11k5wLBj4_3GdrAdGGfhPmJZI8xO0NanYQFKE9M_IZ3wL7XpXTkhJI

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April 12, 2021

10 things you need to know as a Signing Agent

Filed under: Best Practices — admin @ 7:28 am

Most people are confused when they begin their career as a Notary signing agent. They don’t know what they need to learn or do, or how to get clients. Those in the business for many years have the opposite problem. They think they know everything while they know very little — at least when I test them. Here is what I think Notaries should learn and how to learn it.

1. Be a good Notary. What does that entail?
You need to know the rules for each notary act and how to fill out forms. You also need to know how to administer Oaths correctly and few Notaries do this well or take it seriously. You can lose your commission if a judge finds out you didn’t give an Oath on any particular Affidavit, Jurat or sworn statement that you notarized. It is easy to learn how to do this, but few make it their business to know their job. Read your state’s notary manual regularly. You can also read blogs from NNA, 123notary or other Notary agencies. But, your state notary division is gospel, and the agencies are sometimes wrong — so treat their information as commentary. Keeping a journal is also imperative, because when you are in court, and 15% of serious Notaries end up before a judge sooner or later, your journal is your only evidence. The more thoroughly you keep your journal, the happier the judge will be with you. If you identify someone incorrectly or carelessly you might be empowering an imposter to steal a house from someone or commit fraud. We teach all of these points on our blog on Notary Public 101.

Summary of point 1.
Understanding All applicable Notary Acts, Identification procedures, Journal procedure, and Oaths are the bedrock of being a good Notary.

2. Understand The Right to Cancel
Residential owner occupied Refinances typically have a Right to Rescind document. Understanding how to date this document properly is not rocket science, but experienced Notaries flake and goof and get the dates wrong when I test them on a regular basis. It is not rocket sciencem, and no, the NASA website doesn’t cover this, it is a matter of counting to three and not counting Sundays or Federal Holidays.

3. Understand FAQ’s about loan signing.
When is my first payment due?
Where is my rate, APR?
Do I have a prepayment penalty and where is it?
Where are my closing costs and fees itemized?
Do I have to send a check or other documents not included in the package?
How long can I read my borrower’s copies before rescinding
How do I cancel my loan?

Many Notaries feel that they need to be experts at all of the documents. As a general rule, you should know the difference between the Correction Agreement LPOA and a Compliance Agreement, although there are so many variations in these documents that they are all different and you have to read each one — but, being familiar and knowledgeable about these document variations pays off as this is a FAQ that people are concerned about. Most loan signing courses go over this information and you should memorize this as people at signings will ask about it.

4. Understanding Reverse Mortgages, TRID, Helocs, Purchases, etc.
LSS’s course seems to do the best job teaching these types of loans (or documents) that are new in popularity over the last few years. Most signing courses were written ten or twenty years ago when Reverse Mortgages either didn’t exist or were not a popular item. Since as a Notary, you are not allowed to explain the terms of a person’s loan, but only allowed to help signers find information within the loan, it is NOT critical to understand these loans or documents, but make you look good if you did. So consider point four to be a plus, but not a necessity.

5. Explain or don’t explain
In our various blog courses we go over point by point what a Notary should explain or not explain. The 30 point course discusses this in detail. This is critical because otherwise you might get yourself in trouble talking about what you have no business of talking about. Or you might talk about something you know nothing about. Or, you might not answer a question which you should know the answer and express the answer about. Boy, this is complicated.

6. How to find new clients
There are many ways. We write about this in the marketing section of our blog, but you might have to scroll.

7. How to background screen clients
Not all clients are pleasant or pay on time. Use the 123notary or Notary Rotary forum to see which companies are worth working for. Please be informed that in the last two years there has been a drastic decline in forum commentary on our forum and on NotaryRotary’s, although theirs is much more well trafficked than ours. There is less quantity of reliable information about the various signing companies. But, still do your research.

8. How to collect from clients
Some people don’t pay on time, so you have to know how to keep records, how to bill people, and how to threaten them the right way if they keep you waiting for payment. We go over this in our courses.

9. Where to learn about general information
You should read the various blogs out there. NNA and 123notary have interesting blogs where you can learn and source information from antiquated entries on particular topics.

10. How to handle tricky situations
In Notary Public 101 we go over many sticky situations and explain how to think about them and how to handle them. Understanding this content makes you a more confident, trustworthy and safe Notary! It’s like a vaccine made out of knowledge!

Further Reading
As a general rule, I recommend getting certified by various entities, not just one. I recommend Notary Public 101 and the 30 Point Course in our blog as well as reading our blog articles about marketing and notarial issues in particular. LSS offers a very practical course that is more sensitive to what is going on in the industry now. Notary2Pro seems to churn out the best trained Notaries of any certification. 123notary has the hardest certification test and passing it will prove yourself better than the other certifications.

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December 26, 2020

Squirrel Becomes Notary Public?

Filed under: Ken Edelstein — admin @ 12:47 pm

Not really, but in the “second time” redo of failed to fund packages; affiants have more than once told me a squirrel could have done a better job. Why is this? It’s not that the notaries don’t know how to notarize; they have problems with related responsibilities. By analogy, becoming a parent involves a relatively simple procedure. Being a good parent is much more complicated.

[She] / He who has imagination without learning, has wings and no feet. — Joseph Joubert
Substitute “Notary Commission” for “imagination” – that describes the situation for many. It’s not difficult to deliver perfection. It does take dedication and an intense desire for the “self gratification” that comes from delivering personal best. When you complete that assignment does it make you feel really good? It should. Knowing that no one, yes, no one could have done a better job should give the Notary a feeling of Pride, and “inner glow” of self satisfaction.

Learning can’t replace experience; but the reverse is also true. In addition to the basic Notary functions (ID check, Jurat/Acknowledgement, Oath, Stamp, Emboss) there is much knowledge to be acquired. Many simply don’t know how to communicate efficiently; neither giving nor receiving accurate and appropriate information succinctly. If you answer the phone with an all too often “hello”; the caller needs to ask “who is this”. Better would be “Good Afternoon, my name is Sally; how may I help you”. Do you need to send 3 emails because you did not ask all the questions in your first? Rest assured the “other side” is forming the “klutz” image of you.

You should have business cards, they are cheap enough. It’s a good practice to “sign your work” by placing your card at the top of the pile. Affix it with a binder clip, never just shove loose pages into a shipping envelope. Then, if someone has a question it’s easy for them to reach you. And, they have your “advertisement” so they know how to reach you for the next assignment. Try to always use stiff cardboard shipping envelopes, not the floppy ones.

Sometimes you win, sometimes you lose. My assignment tomorrow is for a loan package with both husband and wife signing. She is bedridden – they will make the process very slow. I will bring a clipboard for husband to bring pages; one at a time, to wife for her signatures and initials. Not knowing for sure the ailment; I will keep away, but be sure to actually witness the fact that she did indeed sign where necessary. It will probably take quite some time as she is a co-borrower and signs almost all pages. Some are easy, some are hard. Last week I had a 9 page job for my standard fee; it took 5 minutes. It averages out. Don’t develop an attitude when things go slowly – like the classic sign in the coffee shop: Don’t complain about the coffee, someday you too will be old and weak. With an eye to self preservation by avoiding sickness – we can and should do everything possible to accommodate those “less fit” than ourselves.

Lastly, be of good cheer. Nobody likes to work with a sourpuss. A smile and a few kind words will help the process go smoothly, for all concerned. Most people will “reflect” the way you act in their behavior to you, so be pleasant in the face of difficult situations. When you handle that “tough” one – detail what you did when asking for a review; you will often receiving a glowing one!

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November 24, 2020

Notary IQ Test: 123notary is to Snapdocs what…

Filed under: Certification & Communication Skills — Tags: , , , — admin @ 11:09 pm

Here is yet another Notary IQ test to test your Notary knowledge and thinking skills.

1. A Jurat is a Notary act that:
a. Has to be sworn to.
b. Has to be signed in front of the notary and sworn/affirmed to as opposed to an Acknowledgment which doesn’t have to be signed in front of the notary.
c. Has to be affirmed to. It is bad to ask people to swear as that might offend certain people.
d. Requires a Jurat certificate and an Oath or Affirmation.

2. Acknowledgment is to Jurat what:
a. A pre-fab home is — to a home that is built on site.
b. A chicken that has an egg inside it and then lays it — to a stork that brings your baby.
c. An Oath — to an Affirmation
d. A venue — to a certificate.

3. An Oath is to an Affirmation what:
a. Traditional is to politically correct.
b. God is to your personal honor
c. A New Yorker says in traffic to what a Millennial in California says at a formal appointment of office.
d. Choosing God to Choosing your diety of choice (pick option 4 for Lord Krishna).

4. A Mobile Notary is one that
a. Lives in Mobile Alabama
b. Used to live in Mobile Alabama
c. Travels to jobs
d. Charges a travel fee.
e. Prefers to book jobs at Starbucks… his “office” so he can have mocha-java while waiting for clients to show up. Sounds like the modern day Fonz having an “office.”

5. 123notary is to Snapdocs what
a. Source of information about real Notaries — to source of information about sad excuse for Notaries.
b. Directory is to Portal
c. Old school vs. High Tech
d. Public reviews vs. Thumbs up or thumbs down.
BTW, I just had a glass of 14 hands Merlot at a restaurant. The waiter asked me how I liked it and I said, “14 thumbs up, but not necessarily from the same seven hands.”

6. NNA is to 123notary what
a. One stop shopping is to advertising and signing agent training
b. Conferences are to blog articles and phone sessions with Carmen
c. A good source for ammunition is to a good source of higher paying Notary leads. (or am I confusing them with the NRA? — sorry, old joke.)
d. A big company where you don’t get to know the staff personally vs. a small company where everybody knows Jeremy & Carmen, but not Raymond.

7. The additional / optional information section on an Acknowledgment is critical because
a. It is good to show you are thorough
b. Jeremy says so
c. You can identify the document in multiple facets on the certificate so that it would be obvious if the certificate were swapped out to a different document.
4. To prevent someone from using the certificate on another document.

8. The most effective use of an embosser would be
a. To create a raised impression on all pages of every document you notarized to detect page swapping after the fact. Also, to prevent page swapping onto other documents that were not notarized by you.
b. To create a really large Oreo cookie.
c. To look hype when you arrive at a notary appointment — check out my embosser yo! Stainless!
d. You could use it as a weapon in case the signer tries to attack you — hey, it happens.

That is all for today students. I hope you enjoy our quiz. You can discuss potential answers in the comments or read Notary Public 101 to learn how I would answer some of these.

You might also like:

Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

The lady who studied 30 hours for her elite test
http://blog.123notary.com/?p=21238

Notary Aptitude Test
http://blog.123notary.com/?p=15853

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