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January 1, 2013

Signature Name Affidavit: Not a substitute for an ID

Filed under: Identification For Being Notarized — Tags: , , , , , — admin @ 3:51 am

I hate to beat a dead horse. But it seems that quite a few of you still believe that the ‘Name affidavit‘ is a way to identify individuals that don’t have the proper ID. I’ll say it again for the thousandth time. You cannot use this form in place of current GOVERNMENT ID. The whole point of your job is to have the person appear before you and identify the signer through proper (current) government issued identification. There are usually no exceptions to this rule (except for one; when you feel that they will not be able to get ID. They then will need to be identified through credible witnesses (usually two) who will swear under oath to you, to the signers identity and they will have current government issued ID themselves. However, keep in mind that we do not usually use this method with loans. For some lenders this may be acceptable way to identify their borrowers but for many of us notaries in certain states it is prohibited. But under no circumstance no matter what state you hold your commission in are you to use the name/signature affidavit to ID anyone. NEVER!

So you may ask what is the form for? The name affidavit form is included in the loan document package to identify all the names of the borrower that have been reported to the credit bureaus and that appear on the individuals credit report. It is not for your use and dont let ANYONE tell you that it is used for any other purpose. It is to make the borrower aware that these are the names that the report has listed for them. These may include but not limited to married, and /or maiden names and/or their name has been misspelled.

So in closing, remember when you confirm a job make sure that all signers have proper identification and that the ID is government issued and is current. If you make sure of this when you call and confirm the assignment this will save you and your borrower allot of headaches.

Until next time! Be safe!

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When ID and Documents have different names
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Glossary: Signature Affidavit and AKA Statement
http://www.123notary.com/glossary/?signature-affidavit-and-aka-statement

Can a notary sign an out of state quit claim deed?
http://blog.123notary.com/?p=2182

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September 17, 2012

Sample Notarized Affidavit

Filed under: Affidavits,Popular on Twitter 2012 — Tags: , , — admin @ 9:41 am

Here is a quick sample notarized affidavit.
I apologize that I am not able to scan a copy of a realistic signature or notary seal for legal reasons, so please accept my unrealistic looking signature and notary seal (notarial stamp).
 
I, John Doe authorize Mary Spencer to type of business documents for my company XYZ Associates. She is to have work completed by 5pm Pacific Standard Time daily, and will be paid half price for late work.  Mary is to work in our office and travel to locations to visit clients upon request.  Either party has the right to dissolve this agreement at any time in writing.  A letter stating that you want to discontinue this relationship  and agreement will terminate and nullify this agreement.
 
 
 
______________________
John Doe
 
 
______________________
Mary Spencer
 
 
State of Nevada
County of Clark
 
Subscribed and sworn to ( or affirmed ) before me on
this 20th day of March, 2012 by

John Doe and Mary Spencer, proved to me on the basis
of satisfactory evidence to be the persons who appeared before me.
 
Larry Doe, notary public
——————————————-
Signature of Notary
 
——————————————-
|   Larry Doe                        |
|   Notary Public                   |
|   County of Nye, Nevada     |   (official notary seal)
|   Exp. 3-21-2012                |         
|________________________|

Please see our glossary’s article on affidavits

Tweets:
(1) Sample Notarized Affidavit verbiage including notary certificate & Oath wording.

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Notarized affidavits information
http://blog.123notary.com/?p=1963

Affidavits of Support
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2316

What are some typical types of affidavits?
http://blog.123notary.com/?p=21334

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March 1, 2012

Sample Affidavits & Sample Oaths

Filed under: Notary Acts & Certificates,Ultra-Popular — Tags: , , , , — admin @ 3:02 am

Notaries have to perform Oaths as part of their job.  But, many have no idea how to do this. If you are notarizing an Affidavit, you generally use a Jurat form, and you need an accompanying Oath. It is an infraction of notary law to omit the Oath, so don’t forget!
 
How do you word an Oath? 

Let’s say, that you have an Affidavit about some business arrangement in front of you.  You watch the signer sign the document in front of you as is required.  Then, it is Oath time… 
 
Oaths generally begin with:
“Please raise your right hand!”
“Do you solemnly swear…”  You could begin with, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?”
 
But, what is the purpose of the Oath about the Affidavit?  You need to have the signer swear that they understand the document, agree to the document, and will abide by the terms of the document which is usually some sort of contract.
 
When I was doing this job, my standard Oath verbiage was:
“Please raise your right hand… Do you solemnly swear that the contents of this document are true and correct, that you agree to it, and will abide by the terms in this document?”
 
The answer that I accept is a clear, “I do”.  I never accept grunts, or uhs, or ahs. People don’t always take Oaths seriously, but I do, or should I say, “I do!”.
 
If you are notarizing five affidavits for an individual, do one separate Oath for each notarized document or signature.
 
Good luck!

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When are you required by law to do Oaths?
http://blog.123notary.com/?p=21017

Affidavit of Support
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Notary Public Oath of Office Information
http://blog.123notary.com/?p=2545

Airline meals verses Notary Oaths & Affirmations
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Oaths – How Notaries completely screw them up!
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December 9, 2011

Affidavit of Citizenship

Filed under: Public Interest — Tags: , , , — admin @ 2:45 pm

Affidavit of Citizenship 

This is a commonly notarized document.  Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well.  The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary.  It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document.  In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice.  Below is wording that I typically used when I helped people draft these types of documents.
 
Sample wording for Affidavit of Citizenship
 
I  (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.
 
 
—————————–
Signature of affiant
 
(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)
 
If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question.  What do you want this document to say? For example, “I solemnly swear that… what?…”.   Then they will give their answer.  Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”. 
 
You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary.  Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.

Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.

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Affidavit of Citizenship on Modern Family
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Affidavit of Support & Direct Communication w/the Signer
http://blog.123notary.com/?p=7084

Affidavit of Citizenship 2016 Edition
http://blog.123notary.com/?p=18847

Notarized Affidavit Information
http://blog.123notary.com/?p=1963

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December 3, 2011

Notarized Affidavits Information

Filed under: Affidavits,Public Interest — Tags: , , , , , — admin @ 3:28 am

Notarized Affidavits

There are many types of Affidavits that show up before notaries throughout the country. Commonly notarized Affidavits include: Affidavits of Citizenship, Affidavits of Support, Business Affidavits, Affidavit of Occupancy, Signature Affidavits, and Affidavit of Financial Status. The main thing to understand about Affidavits, is that they are normally notarized using a Jurat certificate. However, the notary is not allowed to choose or recommend a particular type of certificate for the signer or client. However, it is not a crime to say that people “usually” use a Jurat when doing this type of notarization as long as you clarify that you are not advising them. Affidavits normally contain sworn statements In any case, affidavits usually contain a sworn statement or a Jurat certificate which by definition contains a sworn statement.

The signer is supposed to sign in the presence of a notary, and then raise his/her/their right hand and swear under oath that they consider the contents of the document to be true and correct, and that they will abide by the conditions in the affidavit (if there are any). I am generalizing what the oath should be about. It is up to the notary to make up an Oath, so make something up that makes sense under the circumstances. What is an affiant? An affiant is the person who swears under oath to the contents of an Affidavit. Administer an Oath Just for the record, a notary is a person who is in charge of various notary acts including administering an Oath. You might also use the word “give” in association with giving an oath, although it is more normal to use the term “administer”.

Sample Oath for a Notarized Affidavit
Q. Do you solemnly swear that the contents of this document are true and correct, and that you agree to abide by the terms in this Affidavit?
A. I do.

Where can I find a notary to notarize an affidavit?
Just visit the advanced search page of www.123notary.com and you can find many choices of notaries in your area anywhere in the United States.

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See our string on Affidavits
http://blog.123notary.com/?s=affidavit

Oaths — how Notaries completely screw them up
http://blog.123notary.com/?p=19369

Affidavit of Support
http://blog.123notary.com/?p=17528

The Signature Name Affidavit
http://blog.123notary.com/?p=13190

Airline Meals vs. Oaths & Affirmations
http://blog.123notary.com/?p=19549

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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Filed under: Affidavits,SEO,Technical & Legal — Tags: , , , — admin @ 9:05 am

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

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Affidavit of support and direct communication with the signer
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Modern Family – An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?p=10989

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February 3, 2011

Modern Family: An Affidavit of Citizenship & Affidavit of Domicile Notarized

Filed under: Sit-Coms — Tags: , , , — admin @ 8:51 am

GLORIA: Jay, you know what I have a craving for? And before I answer that, get your mind out of the gutter.

JAY: Not everything I think about is in the gutter, especially when you ask me to do chores like cleaning the gutter.

GLORIA: I was thinking, I would be nice if invite everybody to have dinner with us?

JAY: Well, what would we cook?

GLORIA: No, I don’t want to cook. I want to go and introduce everybody to my culture.

JAY: I think you’re doing a good job of that already. Remember when Jesse knocked on our door last night at 10:15 and you answered the door waving a machete at him?

GLORIA: Well, it was after 10pm, and you can never be too careful! But, I want to invite everyone to go with us to a restaurant from my country.

JAY: Last time we went to one of those places, the food kept repeating on me.

GLORIA: That is because you are not used to it. I have been living in your country for years, and I feel like I am drowning in your culture. I would just like that for two hours, we immerse ourselves in my culture.

JAY: Honey, they way you are built, you can’t possibly drown.

GLORIA: Ah-ha-ha, very funny. So, when can we invite everybody?

JAY: Well, don’t we have to pick a restaurant first?

GLORIA: There is one problem with that. All of the Columbian restaurants that I really like are back in my country.

JAY: Well, we’re going to have to find something a little closer than that. How about Acapulco?

GLORIA: You are right. Acaupulco is much closer than Bogota.

JAY: No, not the city, the restaurant. They’re the most famous Latin restaurant in town.

GLORIA: You’ve been married to me for all these years and you don’t know the difference between Mexican food and Columbian food?

JAY: I didn’t know there was going to be a test. But, honestly, I need to get a few documents notarized before I do anything else.

GLORIA: Oh, come on. When was the last time we did anything fun?

JAY: Okay, you can pick a restaurant and invite people. In the mean time, I’ll get those documents ready.

GLORIA: Can you get one neutarized for me too? My Affidavit of Citizenship?

JAY: I don’t think that even a document can feel neutered around you. You can come with me. But, you have to personally appear before the notary.

GLORIA: Why does everything have to be so personal. Can’t you appear on my behalf neutered?

JAY: Just invite everybody and we’ll go to the Notary in an hour. Just make sure you have your document and your ID. My Attorney drafted it for you, right?

GLORIA: I think I have it, but I don’t understand it.

JAY: I told you he was a good lawyer! Even I don’t understand half of what he writes!

(meanwhile — Gloria decides on a restaurant based on where she has been with a few friends in the past)

GLORIA: (calls Eric & Jesse) Hi, Eric. I am inviting everyone to have food from my country tomorrow night. Would you and Eric like to come? We would meet at our house, and squeeze into one SUV.

ERIC: I would love to. I love trying food from other countries. It’s so exciting, but I’m not sure we’ll all fit in your car.

GLORIA: Oh, don’t worry about it. That adds to the experience, because that’s how we travel in my country.

ERIC: Well, that might work if I brought my clown outfit.

GLORIA: Okay, thanks. I have to call Claire and Phil now.

(ring ring)

CLAIRE: Hello?

GLORIA: Oh hi Claire. We wanted to invite everybody to go out to Columbian food with us tomorrow night. Do you think that would work?

CLAIRE: Sounds like a possibility. Let me run it by Phil. I’ll call him at the office and let you know.

GLORIA: But, let me know in the next two hours, because we need to know how many people are coming.

CLAIRE: (calling Phil) Honey, how would you like to go to a Columbian restaurant tomorrow with the gang?

PHIL: Ooh, that sounds like a lot of something I want to get out of.

CLAIRE: I’ll tell her we’re busy.

(Claire leaves a message for Gloria to let her know that they’ll be busy.)

GLORIA: Okay Honey, I found my Affidavit, and my ID and I’m ready to be neutered!

JAY: You neuter a cat, you notarize a document.

GLORIA: Don’t be silly, the cat would be licking that Notary seal the whole time.

JAY: Unfortunately, his website says that he leaves at 4:45, and we don’t have time to get there today. We can either call a mobile notary that we found on 123notary.com. They charge an arm and a leg. Or, we can go tomorrow afternoon.

(The next day — Jay & Gloria arrive at the Notary office. But, there is an unexpected delay, because there are several people lined up to see the Notary. After ten minutes, the door opens, and Claire walks out.)

GLORIA: Oh hi Claire. I didn’t know you weren’t a citizen.

CLAIRE: What are you talking about? We’re having a permission to travel slip notarized for our daughter to go to Acapulco.

GLORIA: Funny you should mention that because I asked Jay permission to go anywhere but Acapulco.

JESSE & ERIC: Well look whose here! We just got our Affidavit of Domicile notarized!

JAY: We weren’t expecting to see you here. The line for the notary was longer than the line to the woman’s bathroom.

GLORIA: Funny you should notice that!

ERIC: These days, with the ambiguousness of the gender symbols on the bathroom doors, who can tell which is which?

GLORIA: So, are we all ready for a wonderful dinner? We’ll drive you all.

JESSE: (to Eric) What did you get us into?

ERIC: Well, up until now, you always enjoyed being in tight places.

JESSE: (whispering in an agitated voice) Where is she taking us?

ERIC: (softly in a positive excited voice) She’s taking us to have Colombian food!

JESSE: I can’t eat that. Especially in a public place where people might notice if I …. where people without colds have enhanced olfactory senses… hmmm?

ERIC: I’m getting the picture. So, just have a salad. This is a big night for Gloria.

CLAIRE: Didn’t you get our message? We have other plans tonight.

GLORIA: Oh that is too bad. We’ve been looking forward to this for such a long time.

PHIL: I guess we could go. That scrabble game we planned can wait.

GLORIA: Oh good. Meet us at our house at 6pm sharp.

(All six of them squeeze in the SUV. Eric & Jay in the front, and everyone else in back.)

JESSE: Gee, I haven’t been paying attention for the last fifteen minutes. But, by chance, would we happen to be in South Central right now?

JAY: Toto, I have a feeling we’re not at Acapulco anymore. Don’t worry, it’s right off the highway and has secured parking. At least that’s what their website says.

CLAIRE: You mean you’ve never been there before? I tend to lose my appetite when I’m fearing for my life. This is one of the most dangerous neighborhoods in the entire city!

GLORIA: In my country, this would be the good part of town.

JESSE: I really feel like we are in danger here.

GLORIA: Oh don’t worry, if anything happens, I have my machete.

JAY: And she knows how to use it! Hey, the restaurant is not where Google maps says it is. We’re lost!

GLORIA: I’ll just ask those guys over there? Pull over!!! (to guys) Hey guys, do you know where Casa Medellin is? I was there four months ago, and it isn’t here any more.

NEIGHBORHOOD GUYS: Hi bonita. Que quiere? (Translation: Hi beautiful, what do you need)

JESSE: (Elbows eric & whispers) There are eight of them, they’re all huge, have neck tattoos, and they look like they are in MS 13, the Salvadorean gang.

ERIC: No dummy, these are the guys who took out MS 13.

CLAIRE: I think I got the wrong document notarized. It should have been my Will.

GLORIA: Hola guapo. Donde esta Casa Medellin? Es circa de aqui? (Translation: Hi handsome, where is Casa Medellin?)

NEIGHBORHOOD GUYS: They moved. (making a hand gesture of cutting his throat)

JAY: Oh good!

GLORIA: Where did they move to?

NEIGHBORHOOD GUYS: Oh, just two blocks up and around the corner.

GLORIA: Oh, that’s really close. Thank you…

(During dessert)

GLORIA: (Toasting) Thank you everybody. This was the best meal I ever had, and with the best people I’ve ever known. Thank you for making me feel so at home. I feel so at home in this type of environment.

FRIENDS: Home! Great idea.

.

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

Notarizing your foreign language document!
http://blog.123notary.com/?p=2768

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January 29, 2011

The Middle – Sue calls the notary about an Occupancy Affidavit

Filed under: Sit-Coms — Tags: — admin @ 8:16 am

FRANKIE: We need a Notary for some dumb paper about our house. I can’t believe we need this! What a headache.

MIKE: I don’t even remember what a notary is. I wonder who could fill me in.

BRICK: Hmmm, I could look that up and tell you about it.

SUE: Oh, that’s so exciting. We’re being notarized! I don’t even know what that means, but I’m so excited. What is a Notary?

AXL: Who cares about some dumb notary. It’s probably a loser job for people who couldn’t make it doing a real job.

FRANKIE: Axl! Now, can’t you learn to be respectful about what people do? And by the way, with your grades, you’re not going to end up being anything wonderful until you clean up your act mister.

MIKE: We told him dozens of time. He’ll listen one day. It might be too late by then, but he’ll eventually listen.

BRICK: Hmmm, it says here that a Notary Public is an ancient profession that started in the Roman empire, and was used to protect the integrity of critical documents affecting business, property, other agreements, and more.

SUE: That’s so interesting! We’re going to do something the Romans did! Can I wear a toga when the Notary comes?

FRANKIE: I don’t think that’s a good idea. Although, maybe it depends on who the notary is and if he wants to stay for drinks after the notarization.

BRICK: Let’s see. It also says that in modern America, notaries are used to verify that the person signing a document is the person they claim to be by checking their identification, taking thumbprints for critical documents, and making document signers sign their journal, and also sometimes sign documents in their presence. This is very interesting. I think I’d like to take out a few books from the library on the subject.

MIKE: Now Brick, you already have more than a dozen late books from the library. Do you think you could return those before you get any more books?

BRICK: I could, but I’m not done reading those yet.

AXL: I think he’ll need to get a paper route just to pay for all of the late fines for all of the dumb books he reads.

FRANKIE: Well at least he has a high level of reading comprehension which is more than I can say for you. For your information, Brick has a reading ability six years ahead of his grade level.

AXL: Yeah, but have you ever seen him try to throw a football? To say he throws like a girl would be an compliment!

MIKE: Now, now. You and Brick are just different, and that’s okay — providing you do your homework, and put on a shirt.

AXL: Whatever…

SUE: So, when is the notary coming?

FRANKIE: I haven’t set up the appointment yet. It’s just for one document — the Occupancy Affidavit. It just says that we live in the house.

AXL: And you need an Affidavit for that? How lame!

BRICK: Let me know if I can help in any way. This whole notarization process fascinates me. If I stay up until midnight, I can finish my other books and then get a few books on notarization tomorrow from the library.

SUE: Can I help? I could call the notary and set up the appointment. Is that okay?

FRANKIE: I don’t see why not. Just make sure you confirm all the details with me.

SUE: (ring-ring) Hello? Like, are you a Notary Republic?

NOTARY: Well, uh, I’m a Notary Public. I haven’t declared statehood yet.

SUE: Ohhh… this is so exciting… Oh, sorry. Yes, well, my family needs a particular Real Estate document… a very official Real Estate document notarized. Can you come and help us in your very official capacity with our official document?

NOTARY: I officially can.

SUE: (putting hand on the mouthpiece) Oh, he can! He can! (taking hand off mouthpiece) That’s great. Can you come tomorrow?

NOTARY: Yes, I can… officially that is.

SUE: Great. see you then!

NOTARY: Wait a second. Don’t go yet. My fee is $50 including travel. I need to know the document being signed, who the signers are, your address, and if the signers are of sound mind and body.

SUE: Well, not everybody in this house is of sound mind and body, but the ones signing are! Mom and dad will be the signers and our address is 15 Bloomington Lane, Orson, Indiana. Just go to the cornfield, and turn left. You can’t miss it.

NOTARY: Tell mom and dad to have their current identifications ready for the signing. I’ll be there at 7pm!

SUE: Great! (hangs up) He’s coming! He’s coming! Tomorrow at 7pm. This is so cool. I’m telling all my friends at school.

FRANKIE: Just don’t get too excited if he’s cute, deal?

SUE: Deal, deal deal and a half!

FRANKIE: And you Brick, during the signing, please don’t bury your head in one of your books. Try to be what we like to call, “interactive!”

BRICK: Hmm? What?

FRANKIE: Never mind!

.

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January 21, 2011

Affidavit of Support and direct communication with the signer

Filed under: Affidavits — Tags: , , — admin @ 12:10 am

As a former Notary Public, my favorite type of notarization was for Affidavits of Support. It was not the actual document that I enjoyed. It was the hospitality that accompanied the job which normally included various types of Asian cuisine! I’m not particular. I like pot stickers, fried rice, and rad-na! It’s all good. To do a good job doing an Affidavit of Support Notary job, you need to know how to place your stamp in a very tight area in a form and know how to administer an Oath. But, what if your signer doesn’t know English that well?

State notary public laws vary from state to state. One of the largest discrepancies is how to deal with foreign language documents and foreign language speakers. Some states require direct communication between the notary and the signer. That means that no translators or interpreters are allowed. Even if you know very little of the signer’s language or vice-versa, that might be enough to get through a notarization procedure.

Remember — notary appointments require very little actual communication. You need to ask if the signer understands the document. You need to instruct the signer where to sign the document and your journal. You need to be able to negotiate fees. You need to be able to administer an Oath in their language. You could easily learn to do Oaths in five languages without any linguistic talents to speak of! Just for the record, I used to give Oaths in Chinese and Spanish. I know relatively little Spanish although I can chatter for hours in Chinese with my acupuncturist.

And what if the document is written in a different language? Since an Affidavit of Support is a U.S. Immigration Document, it would be in English. But, what if your signer has some other documents in Chinese Calligraphy to have notarized? Does your state allow you to notarize those documents if you don’t know the language? And what if the signer’s signature is in Chinese Characters? OMG! Or perhaps I should say MSG!

Although some states allow the use of an interpreter, doing notary work is critical, and is a way to preserve and protect the integrity of signatures and Oaths. I personally feel that regardless of what your state laws say, be on the safe side and learn to communicate directly with whomever you notarize. After all, an unknown and/or un-certified interpreter could make a mistake which could cause a heap of trouble! Know your state’s laws before you go out on a notary job!

Tweets:
(1) As a former notary, my favorite type of notarization was for Affidavits of Support because the hospitality that accompanied.
(2) If you specialize in notarizing Affidavits of Support, you might get pot stickers, fried rice, and cash tips.
(3) How do you deal with foreign language docs & foreign language speakers w/o breaking state laws?
(4) Many states don’t allow the use of an interpreter — and this law is not open to interpretation!

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November 8, 2024

Notarizing Documents with Multiple Signatures

Filed under: Best Practices — Tags: — Tom Wilkins @ 12:00 am

Notarizing documents with multiple signatures requires careful handling to ensure accuracy and compliance. Whether you’re a homeowner managing real estate paperwork or a business owner overseeing contracts, notarizing documents correctly is essential to avoid legal issues. This article covers the best practices for notarizing documents with multiple signatures correctly, helping you achieve a smooth, error-free process for all parties involved.

Know Your Document and Its Requirements

  1. Confirm Each Signer’s Intent

Each signer should understand the document’s purpose and agree to sign willingly. In documents with multiple signatures, notaries must confirm each individual’s intent to sign, ensuring there are no misunderstandings. This verification step safeguards against future disputes, establishing that all parties know their role in the agreement.

  1. Verify Identification for Each Signer

Proper identification is vital for each signer. As a best practice for notarizing documents with multiple signatures correctly, each signer’s identity should be verified with a valid, government-issued ID, such as a driver’s license or passport. Recording this information in your notarial journal provides an additional layer of security and documentation.

Organize the Signing Process

  1. Schedule a Group Signing, if Possible

If all signers can attend the appointment together, the process is often smoother, and any questions can be addressed directly. However, if this is not feasible, each signer must appear individually before the notary, with each signing logged as a separate entry.

  1. Ensure Documents Are Complete

Before signatures are added, review the document to make sure there are no blank spaces where information could be added later. Signers should initial any changes during the session to prevent alterations after notarization, ensuring the document remains accurate and reliable.

Document Each Signature Separately

  1. Maintain a Detailed Notary Journal

A well-kept notary journal is essential for multi-signature documents. Each signature should be documented separately with details like the signer’s name, the type of document, the date, and any identification details. This practice provides a comprehensive record, offering protection in case of disputes and showcasing high professionalism.

  1. Optional: Keep Copies of Signed Pages

Though optional, making copies of signed pages before returning the document can be beneficial for record-keeping, mainly if questions arise later. Always request permission before making copies, as some documents contain sensitive information.

Address Special Situations

  1. Multiple Notarizations for Different Sections

Some multi-signature documents, such as affidavits in real estate agreements, may require separate notarizations for different sections. Confirm the document’s notarization requirements in advance to ensure all necessary sections are handled appropriately.

  1. Remote and International Signers

If any signers are out-of-state or international, understand your jurisdiction’s guidelines for remote notarization or any special requirements for foreign signers. Verifying these steps prevents delays and ensures compliance with all necessary protocols.

Prioritize Accuracy in Multi-Signature Notarizations

Handling documents with multiple signatures requires a structured approach. By verifying each signer, managing the signing process efficiently, and keeping thorough records, notaries can follow best practices for notarizing documents with multiple signatures correctly, ensuring a reliable and legally compliant result. For more professional tips, check out our article on the notary dress code to make a great impression at every appointment.

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