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April 12, 2015

Point (18-24) Notary Competence; Marcy’s Hospital Signing

Filed under: (2) Technical and Legal — Tags: 30 point course, acknowledgment certificate, Acknowledgments, Grant Deeds, subscribing witnesses — admin @ 10:47 pm

Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!

The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.

The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!

Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.

On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.

Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:

The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.

It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.

The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.

Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.

New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas

Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian

(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.

(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.

(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.

(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?

By the way, the name of the person who swears under Oath is the Affiant.

Here are some other points about certificates

Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.

Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.

Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.

Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.

Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!

What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
Many Notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.

What steps are necessary for a Signature by Mark or X?

(1) You need two Subscribing Witnesses who witness the Signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal.
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal.
(6) Keep in mind that this is a very unusual notary procedure and is tricky.

Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses sign the document and the journal. In California, one witness signs the signer’s first name and the other signer signs the signer’s last and middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.

Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.

Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Comments (2)

April 5, 2015

Point (16) Initialing; Lost in a cornfield

Filed under: Loan Signing 101 — Tags: 30 point course — admin @ 11:25 pm

Marcy had been to the county fair recently. She really got to thinking as she was lost in the corn maze. But, then it all started to pop. It took her ninety minutes to get out of that maze. All of the routes seemed the same, with twists and turns, but only one would get her out of that maze. It reminded her of her career. One thing that Marcy learned, is that the maze had several signs in various locations that showed the routes. She just wasn’t reading the signs carefully enough. There was one intersection with five paths, and she kept taking the wrong one since they all looked almost identical. Where’s your GPS when you need it? She took each path one by one until she got the right one. Corn mazes are confusing like that. As she munched on some grilled corn at the fair after her ordeal, she was even more determined than ever before to be the perfect Notary. And besides, she would have to face her neighbor Patricia who didn’t tolerate failure (or bad corn)!

At Marcy’s next signing, she noticed that the name of the signer was printed incorrectly on the signature line of one of the documents. Marcy had them initial next to their signature. The next day she got a call from the Processor. The Loan Processor was upset that the initials were to the right of the signature which got in their way of doing the changes. Never had Marcy heard of someone other than her cat being so picky. After all, she did her job correctly, she had the borrower initial and sign the correct way. What more can you ask for? Furthermore, they didn’t do any forbidden cross-outs. Marcy felt her work was perfect. The Processor wanted the initials below the typed name under the last several letters of the last name. This is how 123notary teaches initialing incorrectly printed names by the way. Marcy said that she would do it that way from then on. Marcy went on to tell Patricia what had happened and Patricia said, “If it isn’t one thing, it’s another — but, keep this up. You’re really getting somewhere now! And remember, a cornfield of 10,000 acres isn’t planted in a day.”

Point 16 — Initialing
Most Notaries don’t understand initialing. At least they don’t initially. Although there are no formal rules, here are some guidelines.

The initials should cover all parts of the person’s name being signed.

Theodore T Tidmore would initial TTT
Nancy Nissenbaum would initial NN
Thomas T Carl Edison would initial TTCE

But, what if it gets complicated?

Thomas Smith, Sr. would initial TS Sr.
Thomas Jones, III would initial TJ III
Thomas DeLuna is a little more complicated. I choose TD since the last part of the name is connected.

But,

Thomas De La Cruz De Philippe Rodriguez Ramirez Gomez would initial TDLC DPRRG — oh my God.

Where do initials go?
Where do initials go, assuming they are not on a tree representing a relationship soon to be DOA? On loan document signings, it is common for borrowers to initial all pages of the Deed of Trust, sometimes the Note, often the Universal Residential Loan Application (The 1003), and sometimes other multi-page documents. There is normally a one centimeter line in the lower corner of the page where the initials are intended. But, keep your eyes open, because the special line for initials might not be where you expect it to be.

Initialing changes
Many notaries do not understand the name changing procedure. It is really up to the processor to do name changes. However, the notary must at a minimum have the borrower initial any changes. My best client during my loan signing days was a processor which is how I know the ideal procedure for name changing. It is easier than you might think.

Have the borrower initial to the right below the last several letters of the typed name.
Have the borrower sign the correct way where they are supposed to sign.
Inform the lender in writing and by phone that the name is changed to whatever it is changed to.
There is no need to cross-out. Cross-outs cause a mess. there is also no need to write in the correct name. The processor can do that.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (17) The APR
http://blog.123notary.com/?p=14483

Can you notarize initials?
http://blog.123notary.com/?p=8269

Read about initialing in our industry standards blog entry
http://blog.123notary.com/?p=4370

Signing Agent Best Practices 63 Points
http://blog.123notary.com/?p=4315

Comments (1)

March 15, 2015

Point (11) Following Directions; Why Marcy Wouldn’t Make a Good GPS

Filed under: (2) Technical and Legal — Tags: 30 point course — admin @ 12:23 am

Marcy’s Failure in Following Directions

Alternate Title: Why Marcy Wouldn’t Make a Good GPS; She Can’t Follow Directions!

Marcy yet again had another signing before she had finished her course. She knew it all now though. She found out what she had done wrong with the signature affidavit after calling Carmen. She knew not to have drinks on the table. She knew that the 1003 was always wrong. And she knew that Lenders always answer the phone, except during the critical moment when a borrower has a problem at the signing. So, what else could possibly go wrong?

MARCY: I keep making mistakes.

CLAUDIA: Well, I’m your friend, and I’m telling you — you’re going to just go out there, and keep working. You’ll get there.

MARCY: Thanks for the support. Without you I’d just sit home and mope. But, I probably wouldn’t get thrown in jail either.

CLAUDIA: You won’t get thrown in jail. Sued maybe, but not thrown in jail.

MARCY: Thanks… I’m going now… and I’ve learned my lesson the hard way for the third time now.

(at the signing)

MARCY: Hi, I’m Marcy, and I’ll be your notary for the evening.

CYNTHIA: Thanks for coming. Have you done this before? The last notary they sent had no experience.

MARCY: Well, I’ve done a few now, and I owe it all to my friend Claudia.

CYNTHIA: Oh good. So, you know what to watch out for.

MARCY: Yup. Take that glass of water OFF the table. That’s the worst thing to watch out for.

CYNTHIA: Okay, let me sign right here.

MARCY: You just cancelled your loan.

CYNTHIA: I did?

MARCY: Yes.. but, since I did my homework, I know what to do. I am going to go into your borrowers’ copies and get you a fresh Right to Cancel. Please sign right here. I’ll put my hand over where you are not supposed to sign so we don’t ruin this loan like the last.

CYNTHIA: The last?

MARCY: Well, the names didn’t match up and the Lender wasn’t answering his phone.

CYNTHIA: Oh, how confidence-inspiring. But, so far you have saved me from two huge blunders. Thanks!

(later on)

CYNTHIA: We are all done with the package except for this last document. The automatic payment disclosure. But, I won’t sign it without talking to my Lender. What now?

MARCY: Okay, let’s call. (ring-ring) As usual he isn’t there. Oh well. We can send in the rest of the paperwork and then send this one in once you’ve talked to the Lender.

CYNTHIA: I’m not sending anything in.

Marcy overlooked to read the loan instructions. To make this story interesting, Marcy was instructed to call Title, The Signing Company, Escrow, and the Lender if anything went wrong during the signing. She was to call all four numbers. If she had, the Escrow agent always worked late and had alternate numbers for the Lender. Additionally, she could answer even the most difficult questions about the automatic payment disclosure since she was an expert at the topic. But, once again Marcy screwed up. She didn’t follow directions. She didn’t even read it. What if the directions had told her to sign in green ink? How would she know if she didn’t read. Fortunately, this blunder didn’t cost the borrower her loan, and it was the borrower’s fault for being stubborn about sending in the documents. Marcy was only lightly reprimanded for this error.

Point (11) Following Directions

Notaries are expected to follow directions. (But male Notaries will never ask for directions.) However, each signing company and each Lender wants something different. It can be hard to keep track of each person’s unique instructions. But, you can get fired if you don’t. So pay attention!

Example (a)
Chad was assigned to sign a loan. He was instructed to call the Lender if anything went wrong. The signer didn’t want to sign with their middle initial Z. So, Chad called the signing company and they said the borrower didn’t have to use the Z. So, they signed the loan and sent it back. Chad got fired the next day. Why? Because he was instructed to call the Lender if there was trouble, and nobody else. Chad didn’t follow directions. He insisted, “But, I always call the signing company if something goes wrong.” Don’t do what you always do, do what you are asked to do!

Example (b)
On another loan, Chad was instructed to use blue ink. Since the signing company expected Chad to not follow directions unless they put it in his face, they taped several blue pens to the first page of the loan package. It was blatantly obvious that they wanted the loan signed in blue, because it was for a Florida property. This time Chad followed directions.

Example (c)
In our next example, Chad was instructed to leave a message for the Lender if anything went wrong during the signing.
Chad did a signing for Alex. The signing went well except that Alex didn’t like the HUD. Chad tried to call the Lender that night, but the Lender didn’t answer. So, Chad had Alex sign it anyway, and Chad held on to the documents so that he could reach the Lender the next day. The documents never arrived on time and Alex lost his loan. What did Chad do wrong?

Chad was supposed to leave a message. However, Chad only called the Lender, and gave up when the Lender didn’t answer. Chad never actually left a message. The next thing Chad did wrong was to hold the HUD. If Alex didn’t like the HUD, Alex should hold on to it, not the Notary. Next, Chad should have sent the documents that were signed back to the Lender or Title without delay. Chad forgot to call the Lender the next day because he had eight signings, and the documents never got back on time. The moral of the story is to follow directions to a T and to get the documents back on time.

Example (d)
Korey hires a notary to do a signing for Joe Shmoe. Korey tells the Chad notary that if there is a problem, the notary should call him, and only him, at this one number — otherwise the notary is fired. The notary goes to the signing and finds out that the borrower is named as a seller in the XYZ document. The notary calls Korey and gets, “Hi, this is Korey, I am not here right now…”.

Q. What should the notary do now?
(a) Convince the borrower to sign and explain the right to cancel
(b) Tell the borrower that if he doesn’t sign, he won’t get his loan
(c) Cancel the signing
(d) Continue the signing
(e) Leave a message
(f) Call the Title Company
(g) Call the signing company

Only 10% get this question correct. The correct answer is to leave a message. You were not instructed to do anything other than that. After you leave a message, you might consider the other options, but leave a message first as that is what you were instructed to do.

Example (e)
The signing company tells Chad to go to the signing and call them when he is parked outside the house. So, Chad goes to the house, parks, goes inside, sits down at the dining room table, and then calls the signing company. Chad didn’t listen!

Example (f)
A Notary’s seal didn’t come out clearly. Title calls him and asks him to send a loose certificate in the mail. The Notary refuses. Did the Notary fail to follow instructions? The answer is that the Notary is obeying a higher authority which is the Secretary of State, which in most states if not all states, forbids Notaries from sending loose certificates that are not stapled to the original document as they might be used for fraud. However, the Notary could request that the original document & certificate be returned to him. The Notary could then destroy the original certificate (by shredding perhaps) and then create another certificate, staple it and send it back without seeing the signer. This would be legal as the certificate section is not required by law to be completed at the time of the notarization, and because the original was destroyed leaving only one certificate per notarization.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (12) Cross-Outs
http://blog.123notary.com/?p=14406

Comments (1)

March 2, 2015

Best Blog Articles for Advanced Notaries

Filed under: Loan Signing 101,Popular on Facebook (A little) — Tags: Advanced Blog Entries — admin @ 12:55 pm

A few months ago, we created a post which was a compliation of all of the best posts for beginners. It became very popular on Facebook. We like to write lots of posts here at 123notary. But, on Facebook, we tend to only post a few dozen posts per month, so we prefer to post really helpful or popular content there. So, here are my recommendations for the absolute best posts that any seasoned Notary should read!

MARKETING

Do you have to be a CSS to get work these days?
As a Signing Agent, you need to know which signing agents are getting the most work and why. What changes do you need to make to be the type of signer who gets the best offers? Find out!
http://blog.123notary.com/?p=8914

What’s the difference between getting 16 clicks/month and 100?
Notaries that optimize their listing get a lot more results than you might think!
http://blog.123notary.com/?p=13185

Poo picking — getting the best notary jobs
Do you settle for less, or do you know how to get the best quality Notary jobs?
http://blog.123notary.com/?p=9273

From 3 jobs per week to 3 jobs per day!
This Notary went from rags to riches by making a few simple changes. Find out what his secret is!
http://blog.123notary.com/?p=3940

5 or 6 reviews doubles your business
Most of our serious notaries understand that it is imperative that they get reviews. But, how do you get them and how many do you really need?
http://blog.123notary.com/?p=8484

A great attitude gets most of the jobs
Skills are one thing, but nothing beats a great attitude!
http://blog.123notary.com/?p=6493

TECHNICAL

Signing Agent Best Practices — 63 Points
This long article covers technical, marketing, legal issues, and more. Here is a compilation of the most professional tips that any seasoned notary should master.
http://blog.123notary.com/?p=4315

The 30 point course synopsis
This course is FREE and recommended to all Notaries whether experienced or new! It caters to Notary knowledge of all levels. It even includes a free over the phone test that you can take once per year. By taking this course & test, you get a number from 1-30 assigned to you that represents your current skill level. This number will eventually be published on your profile and could attract clients!
http://blog.123notary.com/?p=14233

Protecting yourself with a contract
There are so many critical payment terms to include in contract. Have you ever thought about it?
http://blog.123notary.com/?p=2593

Notarizations Dates, Document Dates & Signature Dates
All of these different types of dates can be confusing. Do you know what a transaction date is for example?
http://blog.123notary.com/?p=2421

Mobile Offices from A to Z
Mobile offices give you the freedom to print on the road which makes it possible to do a lot more jobs per day and make a lot more money as a mobile notary.
http://blog.123notary.com/?p=535

Optional Information in an Acknowledgment Certificate
Filling this information could keep you out of court and prevent fraud!
http://blog.123notary.com/?p=4407

I go over the HUD-1 first
One notary likes to go over the fees before even signing the Deed of Trust. Read her strategy!
http://blog.123notary.com/?p=4819

Industry Standards in the Notary Business
Here is a comprehensive article about standards in the business covering topics such as cross-outs, initialing, unsigned documents, and more…
http://blog.123notary.com/?p=4370

Mistakes Notaries make with Title Companies
Notaries make mistakes that many of us might be completely unaware of that cost you jobs!
http://blog.123notary.com/?p=4412

I’m being sued, and E&O won’t help
E&O covers Notary errors, not other errors. But, what if the Notary gets sued because the Lender made a mistake?
http://blog.123notary.com/?p=3570

How do you explain the APR to a non-borrowing spouse?
Most Notaries are completely unrehearsed at explaining the APR. What about you?
http://blog.123notary.com/?p=4455

PRACTICAL

Getting Paid, the ins and outs
Most notaries have trouble getting paid, but follow our easy steps and you’ll never have trouble again!
http://blog.123notary.com/?p=27

Interview with Timios Title
Yet another interview with a really popular Title company.
http://blog.123notary.com/?p=6718

Signing Company Gossip
This link is not to a particular post, but to a string of signing company gossip posts. As Notaries, you need to understand the behavior of signing companies. You need to know which ones are reliable, which ones used to be good and went downhill, and which ones are just trouble!
http://blog.123notary.com/?tag=gossip

Notary etiquette from A to Z
Don’t park in the driveway and don’t discuss politics. But, there are many other things Notaries need to know too!
http://blog.123notary.com/?p=300

Interview with Title Source
An interview with one of the best Title companies out there.
http://blog.123notary.com/?p=6553

How to get paid by out of biz signing companies
Yes, it is possible. Just follow our proven system!
http://blog.123notary.com/?p=8646

Choosing a name for your business license
Everyone chooses a business name, but is your business name any good?
http://blog.123notary.com/?p=7103

Notary Information for Beginners — Best Posts
Here are about 20 of the most really useful posts for beginners. Seasoned Notaries might find these posts useful or interesting as well.
http://blog.123notary.com/?p=10472

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February 15, 2015

Point (1) Deed of Trust; Story: Marcy Becomes a Notary!

Filed under: (2) Technical and Legal — Tags: 30 point course, Deed of Trust, Housewife becomes a Notary — admin @ 5:38 am

Marcy the housewife becomes a Notary!

Marcy was a normal Midwestern housewife. She enjoyed all of the normal aspects of life. She had a small child, her first. She enjoyed the local festivals, corn mazes, county fairs, and married life as well. But, her family seemed to always be behind the eight-ball financially. What was Marcy to do? She tried temping for a while, but that didn’t pan out. Then, she tried being a substitute teacher since she liked kids, but the assignments weren’t regular enough. She had tried all her options and couldn’t think of anything else to do. So, she went next door to Patricia’s house to see if Patricia had any helpful words. Patricia was known in the neighborhood as the go to person if you had a problem. She could help anyone out of any slump and knew the right thing to say in any situation. Marcy picked the wrong day to go to Patricia for help. Of all the days in the year, this was the worst possible day.

Marcy went over and knocked on the door. Patricia answered, but said she was waiting for someone. Then, a nicely dressed guy showed up with a briefcase. What could he be here for thought Marcy? “Oh, this is the mobile notary for my loan documents,” announced Patricia. Marcy said, “Okay, I’ll bother you another time.” Patricia asked her to come back the next day.

Marcy returned the next day. Patricia had only one thing to say: “You could totally do this!” “Do what?” “Be a mobile notary — you’d love it!” “I would?” “Yup!” It is odd how people become mobile notaries. It often happens when they or a friend have a loan that needs to get signed. Then the career opportunity light bulb flashes in their head, and the rest is history.

Marcy marched down to the county recorder’s office, filled out the paperwork, waited a few weeks to get her commission, seal, journal and forms, and she was in business! She was officially a state commissioned Notary Public and a mobile notary because she drove to her appointments. Just one small thing… She didn’t have any appointments. So Marcy went back to Patricia again to ask for help. Patricia suggested calling the notary who had helped them. Maybe he would know how to get work. Except they would be competition for him. Oooh. A touchy subject. Should they call? I guess it couldn’t hurt. In the worst case scenario, he would just decline to help them. After talking to Tom, he recommended calling 123notary and Notary Rotary. Those were the two most reputable sources of notary work at the time. That sounded easy enough. So, Marcy got herself listed on 123notary.com and the calls started coming in. (Obviously Marcy didn’t show up in 2014 because not so many calls came in that year!)

Marcy purchased the 123notary loan signing course. She didn’t study it that hard in the beginning, because she didn’t realize how important the information in it was. She decided to learn the hard way. You’ll see when you read the stories of all the trouble she got herself into.

Point (1) The Deed of Trust — Quick Facts!

(1) The Deed of Trust is the security instrument. BTW: The term Instrument means document.

(2) The Deed of Trust must be notarized. Make sure you have thumbprints in your journal for any deed.

(3) The Deed of Trust is recorded with the county recorder of the county where the property is located. The people at the County Recorders Office can often be picky and will not tolerate: cross-outs, smudgy or light seal impressions, or incomplete notarizations. Some recorders are pickier than others, so assume that they will all be very picky. If your notarization is rejected by the County Clerk, someone will have to notarize it all over again, and the borrower could experience a costly delay in their loan.

(4) As a general rule, the borrower must sign the Deed of Trust as their name appears on Title. If you use a Signature Affidavit, you might be able to have them sign in a different way, although the loan might be rejected by the Lender, in which case you might have to start all over again after a redraw.

(5) It is often required for the borrower to initial each page of the Deed of Trust

(6) The Deed of Trust is referred to as The Mortgage in many states, which is similar in essence, although there are some legal differences between the two documents which we will not discuss here.

The Deed of Trust states:

(a) The loan amount

(b) Who the lender is (and their contact information)

(d) The location and description of the property.

(e) When the loan matures (or when the loan expires: e.g., 05-31-2031)

(f) Who the trustors and trustees are

(g) The loan is secured by the property.

(h) A Description of the Property

The Deed of Trust also mentions that the borrower has to pay taxes, principle, interest, late charges, etc. It doesn’t list figures other than the loan amount, but those will be in the note and/or other documents. Deeds of trust usually range from being 2 to 30 pages. Various other terms and explanations are in this instrument, however, those terms are not of much importance to the Signing Agent.

Riders. The Deed of Trust could come with various riders. We will not discuss the riders in this section since they are numerous and self explanitory. There are little check boxes in the Deed of Trust that will indicate which riders would be included.

You might also like:
30 Point Course Table of Contents
http://blog.123notary.com/?p=14233

Point (2) The Note
http://blog.123notary.com/?p=14270

Deed of Trust (glossary entry)
http://www.123notary.com/deed-of-trust.asp

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30 Point Test Course Book: Synopsis

Filed under: 30 Point Course,Popular on Facebook (shares),Popular on Facebook (very),Popular on Linked In — Tags: 30 point course — admin @ 5:21 am

30 Points in Your Favor!
The 30 point course book is yet another certification course offered by 123notary.com. But, this one is different. Our original certification course was a very dryly written quick course designed to teach notaries basic competency in loan signing. Our Elite course was written in late 2012 and was designed to teach very sophisticated aspects of doing business as a mobile notary such as communication, marketing, hiring others, and the finer aspects of notary and signing agent work. This new 30 point course will have some elements from both of these previously written courses, but will focus only on the technical aspects of notary and signing agent work of all levels ranging from basic to very advanced. Also, be sure to read about the new loan document which goes over facts and figures about the loan called, “The Loan Estimate” which is similar in information to the TIL & HUD-1.

Required additional reading

Best blog articles for advanced Notaries – http://blog.123notary.com/?p=14736
Mobile Offices from A to Z – http://blog.123notary.com/?p=535
Signing Agent Best Practices – http://blog.123notary.com/?p=4315
The Prepayment Penalty – http://blog.123notary.com/?p=4429
The Loan Estimate (New) – http://blog.123notary.com/?p=15437

Table of Contents

Page Titles

Each post about the 30 point course will have a story and several points which could make the titles appear a bit long.
Titles might look like this:
Point (13) The Automatic Payment Disclosure; Story: Marcy’s Babysitter

Use this link to see all published posts in a string in reverse order:
http://blog.123notary.com/?tag=30-point-course

How is it different from the Elite course?
The Elite certification course was designed to get its students an upper arm in the notary business. It was designed to help them be a pro at negotiation, growing their business, and handling difficult strategic situations. The overall aim of the course was to help them make more money, grow their business, and gain attention from having the Yellow Elite Certification Icon next to their name on the search results. Notaries who passed are far more intelligent, sophisticated, and get a lot more work than their competitors in high spots on 123notary who lack the Elite designation. Based on my personal experience, I would vouch for the fact that a 123notary Elite signer has quadruple the signing agent knowledge as an uncertified signer. Although they don’t know everything, the depth and breadth of their knowledge is quite noticeable if you talk shop with them for more than a few minutes.

This 30 point course is only designed to teach notaries how to deal with technical situations like a pro, but not designed to help them get rich (although more knowledge never hurts). If you do well on the 30 point test, you can consider taking our Elite course. It will be easy for you if you got a high score on the 30 point test.

Summary of the 30 point course
The 30 point course will cover a wide range of notary and signing agent technical topics including following directions, best practices, understanding what information is where in the documents and more. Additionally, we added some entertaining stories to help make the text more enjoyable for the reader. There will be many stories which are designed to drive certain technical facts home in a pleasant and absorbing way.

Please Note
Not all of the questions covered in the 30 point test are taught in this course. Please rely on your personal experience as a notary to answer test questions not addressed in this course.

You might also like:

What’s the difference between 16 clicks a month and 100 on 123notary?
http://blog.123notary.com/?p=13185

From 3 jobs a week to 3 jobs a day!
http://blog.123notary.com/?p=3940

A detailed look at the Ninja course
http://blog.123notary.com/?p=4621

Interview with a Title company
http://blog.123notary.com/?p=3724

Comments (4)

March 2, 2014

Analytics for TECHNICAL posts… graded!

Filed under: Uncategorized — Tags: Analytics — admin @ 11:25 pm

The (A) list:
ID, POA, APPS, SUED, JOBS, TUTORIALS, INTERVIEWS, BEST PRACTICES, POINT & SIGN, OUT OF BIZ, FREE, DIFFERENT DAY, LATE DOCS, PAYMENT, WILLS
CALL: Don’t CALL the Title co, or borrowers
ACCEPTING certifications
PAID: Getting PAID usual or unusual ways.
QUALIFICATIONS (background check & CSS)
JOBS: More jobs, less jobs, taking jobs away, taking bigger cut of money from jobs.

The (B) list:
Consumer financial protection, Loom them up, Stay here until PAID, why use middle INITIAL, Boss PAYS for COMMISSION, Industry STANDARDS, BEGINNERS, what makes a mobile notary, I-9, won’t sign disclosure, following directions, more specific tutorials, JAIL.

TUTORIAL on documents idea.
DOCUMENTS: Late, don’t call until ready, document dates, foreign language docs, witnessing docs, common mistakes w/particular docs, which docs recorded.

=====================================
1003 trouble (F)
1099 too high (C)
ACCEPT certifications (A)
ACKNOWLEDGMENT (D) optional ack cert.
APOSTILLE nightmare (D)
ATTENTION paying (D)
ATTITUDE > JOBS (C)
ATTORNEY GENERAL (F) UR not an attorney (F)
APR (C) to non-borrowing spouse.
BACKGROUND Screening (A)
BAG; carry all (F)
BAR: GA association (F)
BEGINNERS info (B)
Birth Certificate (A)
BLOG she learned more (F)
BOOKS top 5 (F)
BORROWERS at ease (C)
BOSS pays for comm. (B)
BUSINESS NAMES (D+) Biz names (C-) Choosing a name (D+) Grow biz first then register (D-)
CALL (A) don’t call title co;
CERTIFICATION or skill (D); Uncertified not a single all (D) If not certified (D) Just do it (D) Obamacare (F); not cert (F)
CLOSING bank branch (A)
CONTRACT (F)
CREDIT CARD afraid (F)
CROSS-OUT happy (C); story about cross-outs (C); Cross out and initial (F)
CREDIBLE witness (D) what is (F); Charge for (F);
CRIMINALS (B)
DIRECTIONS following (B)
DATES (B) doc, sig, notarization date
DOCS ready (A)
DOCUMENTS ready (A)
DUE: getting what is (A)
E&O (D); Supersize (D)
EATING on road (C)
EMBOSSERS (F)
EXPERIENCE gain (C)
ELITE: does it help? (C) Elite certification (F)
EXPLAIN (C)
ERROR-FREE (C)
FINGERPRINTING (D) difficult
FREE 3rd signing (F)
GETTING more work (A) 3jobs/day
eNOTARY overall score (D) ; which states (A); pros/cons (D); state specific (F); what can enotary do (F); 10yrs garbage (D); AZ (F);
eJOURNAL (B)
ETIQUETTE borrower (D) thanks, sorry (D)
FAMILY (C) Making family leave the room.
FEAR, anger (F)
FIND 24 hour notary (D)
FINES & PENALTIES (C)
FOREIGN lang doc (B)
FREE certification (A)
FUZZY (F)
GUNS borrowers w/ (F)
HIRE other notaries (C)
HOLD HARMLESS (C)
HOSPITAL signings (D)
HUD (C)
IDENTIFICATION (bad) (A)
INTERVIEW (A)
HOURS (F) of operation
IDENTIFICATION (D) 2nd ID requirement
INCOME: (C) Notaries who make more than Attorneys
I-9 Notarizing (B)
iCLOSE (F)
INITIAL middle overall (C); Why use middle initial (B) wouldn’t use middle initial (D)
INSURANCE (F)
INTERVIEW / advice (B) interview w/title (C) Title source (B); timios (A) Advice from AZ; Veteran Notary inteview (C)
JAIL overall (D); Pay at (F); Hubby in jail (B) Notarization at (D) Jail one phone call (F)
JOBS (A)
JOURNALS (D)
LATE docs (A)
LOOK them up (A)
LOWBALLERS (B)
MINIMUM competency (D)
MINORS overall (C); Minors rules (B) Notarizing a minor (D)
MISTAKES w/ Title (C); common mistakes (C) I also make (D) When you goof (D) types of (F)
MOBILE NOTARY (B) what makes?;
MOBILE OFFICE (D) warrantee
MORTGAGE borker (F) sniffing out the right notaries.
NNA (D) NNA-care (F)
NOTARIZED overall (D); w/o sig (C); Notarize 2x (D); Notarized statement (D) How to get (F)
NOTARIES (F) Industrial strength (F) unleaded (F)
NOTES (D) factual or personal? (D); Represent (F)
NOVICE (D)
OBSTACLES creating (C)
OATH (F) of two 2 witneses
OVERSEAS (D)
OUT OF BIZ bank br. (A)
OWL icon (D)
PAGE every page? (C)
PASSPORT (C) Notarizing passport (F) How to notarize copy of passport (A)
PAYMENT responsibility (C) getting what is due (A); Stay until paid (B); How to get paid (D) Fees at door (F)
PERJURY arm twisting (D) Perjury vs. Oaths (D)
PAY: does xyz pay? (F)
PHONE overall (C) ; Who answers? (A); Why answer (D); Phone interaction tutorial (D); Call back can’t talk (D)
PHONE #’s (F)
POA / Nursing home (A)
POINT & SIGN (A)
POLICE enotarization (D)
PREPAYMENT penalty (D)
PROTECTION (A) Consumer Financial protection bureau.
RAMBLE (D)
REAL ESTATE exp. (D) RE prices (F)
RECORDED which docs (D)
RESOLUTIONS (F)
ROCKET SCIENCE (F)
REVIEWS technique (F); signing co. reviews = payment (D+)
SIGN overall (B); Sign on different day (A); Sign disclosure (B); Get them to sign (D);
SIGNATURE BY X (F)
SPAM contacts (D)
STANDARDS: industry (B)
STAMP missing F()
STATES bordering (F)
STRANGE funny haha (D)
SUED: biz lic, e&o (A)
TAMPERING stapler (F)
THUMBPRINT overall (B); Thumbprint necessary (A); Asked NOT to thumbprint (C)
TIPS; overall (C) 12 tips (B); tips for notaries (F)
TOOLS for notary (F)
TRANSLATE (F)
TRENCHES for notaries (D)
TROUBLE (D)
TUTORIAL (B) general (A) other (B) too obscure (C)
VAGUE (F)
Webcam Notarization (B)
WILL notarize a (A)
WITNESSES (B) notary witness (B); expert witness horror (B)
WORK getting more (A) 3jobs/week to 3jobs/day; took biz away (A)
UNIQUENESS (D)
WARRANTEE (D) for mobile office
X on search results (D)
X: Signature by X (-) See Signature by X

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January 22, 2014

We caught a bunch of frauds using notary verbiage

Filed under: Notary Acts & Certificates,Popular on Facebook (some),Popular on Linked In,Popular Overall — Tags: Boiler Plate Wording, Notary, Notary Seal, Notary Seal Impression, Notary Verbiage — admin @ 12:14 am

For most notaries, Notary verbiage is a cause for annoyance or confusion. Due to the poor quality of notary education in most states, notaries simply don’t know how to cross out the is/are and the unused “s” in signature(s) in the boiler plate notary wording. You can easily catch an amateur notary in the act or after the fact simply by looking at their cross outs. You can look at their journal of notarial acts and see if they are taking liberties or making omissions there too.

My notary seal impression was used fraudulently once. No, the notary seal was not stolen (don’t panic), it was just xeroxed with a high quality xerox machine onto another document that needed to be notarized in a hurry. The crime was actually done by a young lady working at a Title Company who made little circles to dot her i’s. Very post high school and ditsy if you ask me. The signature didn’t look at all like mine. But, besides all of these other stupidities, their fraud was easy to catch because they didn’t do their cross-outs in the Notary verbiage section! Additionally, they didn’t use an embosser to emboss every single page with a raise impression which cannot be xeroxed — which is exactly why I used it. If they had been more sophisticated frauds, my embosser would have been my only recourse to prove them guilty.

To my good fortune (or bad luck) I was never called into court to act as a witness. I don’t believe that the bad guys were seriously punished. Maybe they were reprimanded and promised never to do it again. A Title company could get completely shut down for that type of fraud if the right authorities ever found out. Don’t they value their future? Maybe not!

So, the moral of the story for you guys is to take your Notary verbiage seriously. That is what makes your profession a profession, and your ability to handle Notary wording defines your level of expertise.

Tweets:
(1) Due to the poor quality of notary education, notaries often don’t know how to cross out is/are, (ies), etc.
(2) A young lady who worked in title and made cute circles to dot her i’s Xeroxed my notary seal!
(3) Take your notary verbiage seriously, it might be the only thing that distinguishes you from a fraud!
(4) My notary seal was used fraudulently once! It was Xeroxed!

You might also like:

The Notary, The Mafia & the FedEx Drop Box
http://blog.123notary.com/?p=6867

Fraud & Forgery related to the notary profession
http://blog.123notary.com/?p=2294

Comments (3)

November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

Filed under: Loan Signing 101,Notary Mistakes — Tags: Common Notary Mistakes, Crossing out information on documents, Signing Agent, The 1003 Loan Application — admin @ 12:23 am

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

Comments (2)

October 18, 2013

Cross Out and Initial

Filed under: Best Practices — Tags: Cross Out & Initial, Cross out and initial, Cross Outs on Documents, Crossing out and initialing, Notary Cross Outs — admin @ 7:29 am

Cross out and initial

What if you are in the notary business and you just made a mistake, or someone else made a mistake in a document. Simple, just cross out and initial, right? Maybe not. Putting aside the questionability of the legitimacy of a document with cross-outs, the future document custodian might not like cross-outs.

Picture yourself as a lender. You are having a loan signed, so you can sell the loan to yet another bank. That other bank doesn’t like it when people cross out and initial information on their loan documents. It looks sloppy and unprofessional to them. So, as a notary, what do you do when there is a problem with a document? You ask your contact person what they want to do.

They can either redraw the document at great expense, coerce the borrower to sign the document “as is”, or have you cross out and initial. Let your contact person make the decision so they get in trouble — not you!

Redrawing documents means that you will have to wait for the new documents to be typed up, sent via email or FedEx, and then you need to make a new appointment with the borrower on a subsequent date.

You might also like:

The 30 point course section on cross-outs
http://blog.123notary.com/?p=14406

Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Industry standards in the notary business (covers cross outs, initialing, and more)
http://blog.123notary.com/?p=4370

Comments (0)

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