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January 23, 2018

What’s your sign?

Filed under: Identification For Being Notarized — Tags: , — admin @ 10:54 am

As a Notary, there are various aspects to our job. The most important according to Carmen is identifying people. But, most Notaries just look at the name, and photo, and if it is close enough, that is good enough. If the name is missing a middle initial on the ID that exists on the document that is bad news. But, most Notaries just say, “close enough.” If you say “close enough” too many times, you might end up in court on an identity fraud case which could end you up in court for weeks with no salary, and you might lose a lot of your regular customers as well.

So, how can Notaries make identifying people more reliable? Here are some quick points.

1. If the name don’t match, you must not attach.
Most Notaries say you can over sign but not undersign. This is a Lender preference not a law. If the ID says John Smith and the document says John W Smith you are taking your commission in your hands if you Notarize the signature.The Lender might not mind, but you might end up in court over this if fraud is involved and once in a blue moon it will be.

Most states make sure that middle initials are in ID’s, but not all people are from one of those states. There are out of state people, foreigners, and people who changed their names due to marriage or some other reason, not to mention people with name variations. People from Mexico culturally have two surnames on a regular basis.

So, you have to be prepared for this type of situation even though it only happens 1-6% of the time. If you are going to notarize anyway, what can you do?

(a) Ask the signer what sign he is while holding the ID. If the fake ID has a fake birthday the signer will not know his fake sign. He might be a Leo that is pretending to be an Aquarius. On the other hand, the fake ID might have a real birthday but a fake name.

(b) Get a thumbprint from the signer in your journal. That way the investigators can catch him after the fact if there is any funny business. Thumbprints also deter frauds as they often would prefer not to be notarized than risk being thumbprinted.

(c) Ask their height or birth date.

(d) Ask for a birth certificate if they have one. That doesn’t have a photo, but does have the DOB which is something you can use to cross-check information.

(e) If they have a Social Security card, that is not an acceptable ID, but the first three numbers are part of the zip code where they were born. You can cross check check the info by asking them where they were born.

(f) A gas bill is NOT generally an acceptable form of ID for notarization. However, if you want to verify a middle initial, it is better than nothing.

What you can’t do.
Do NOT accept a signature affidavit AKA statement as a form of identification. That is a document for the LENDER and the source of the information is unknown and not official. Sources for government ID’s are official which is why you can normally trust government issued photo ID’s.

Summary
You need to know your state laws on identifying signers. Many states do not require the name on the ID to exactly match the signature on the document or even for the complete name on the document to be provable based on the ID. Many states leave it up to your judgement. Just because you are following the law does not mean you won’t end up in court as a witness or conspirator to identity theft which is why you as a Notary must take as many precautions as possible.

If you are notarizing for a long term customer and want to take liberties to ensure that your business relationship does not end prematurely, then you might use the above techniques. If the customer means nothing to you, I would strongly consider JUST SAYING NO to any request that is at all questionable, especially those involving ID’s that have names shorter than that on the document.

But, the fastest way to verify if an ID is fake is simply to ask — what’s your sign?

.

You might also like:

Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

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

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October 31, 2017

Notary Public 101 — Review Quick Pointers

Filed under: Loan Signing 101,Popular on Twitter — Tags: — admin @ 4:34 am

Return to the table of contents page of Notary Public 101

Here are some review pointers. Rather than teaching in index format like I usually do, these are quick facts you need to know. Besides those other facts your embarrassed parents thought you didn’t need to know.

An Affiant is someone who signs an Affidavit and swears under Oath. A Harvey Weinstein is someone who signs a check to a woman to hush her up and swears under his breath.

An Attorney in Fact is another way of saying Agent or Grantee for a power of attorney. An Attorney in Fiction is another way of saying Perry Mason.

A certificate is a form a Notary uses for executing Acknowledgments, Jurats, and other Notary acts that require a certificate. Florida and Texas use certificates for Oaths while most other states do not. You can buy certificates in pad format from the NNA and other vendors. You should keep these in your notary bag at all times because you WILL be using them.

A Principal is the main person who signs an Power of Attorney or who is signing a document that is notarized using the Proof of Execution procedure. It just means the main person who signs a document. Consider it your Notary bag of tricks. The other kind of principal is the person you’re sent to when you’re caught chewing gum in class. Memories!

The Venue is the part of the certificate where you document the state and county where the notarization is taking place. It is also the physical location where you might be at any point in time, especially during a notarization. On the other hand, if you pick up a Notary in a bar, the venue could be your place or mine.

In an Acknowledgment, the signer must acknowledge having signed a document in the physical presence of the Notary Public, but does not need to sign in front of the Notary (although Lenders prefer that they do.) Some lenders I know also prefer that the well-known phrase, “Neither a borrower nor a lender be,” NOT be acknowledged, because it would mean they no longer be!

In a Jurat, the affiant or signer must sign and swear to the truthfulness of the written statement or document in the presence of the Notary which is evident based on the Jurat wording, “Subscribed and Sworn to BEFORE ME.” Note that acknowledgments do not include the before me part when referring to signing. They also don’t include any swear words, so the “sworn to me” part is confusing.

Your Seal must be clear, complete and not smudgy and not have light or missing corners or you will be hearing from the county recorder and might have to redo your work. Seals may look smudgy even if they aren’t, if you forgot to wear your contacts.

It is illegal to omit an Oath or Affirmation when executing a Jurat. Many Notaries say that they never have to administer Oaths in their state. I’m not sure whether or not to believe them. But, you need to know how to do an Oath if you see the words, “Subscribed and SWORN to before me.”

Oaths begin with the verbiage, “Do you solemnly swear…” If you omit the term swear, then the proceding is not an Oath. Oaths are made under God while Affirmations are made on your personal honor. If you’re Harvey Weinstein, the personal honor part doesn’t apply. I affirm that will be my last Harvey Weinstein joke.

Affirmations use the verb “affirm” or “state” but not swear. If you swear it is not an Affirmation and if you affirm it is not an Oath.

Oral statements do not get the same Oath as a written document or statement. Do you solemnly swear that the statement you are about to make is true and correct is a good Oath verbiage for an oral statement, but would be completely wrong for a document Oath for obvious reasons. Don’t let the fact that oral hygiene is good and documented hygiene is also good confuse you.

In your Notary Journal create one entry per person per document. If there are two signers each signing three notarized documents, then enter six entries. Each one signed by the corresponding signer. And keep journal thumbprints just in case someone gives you a fake ID. (If you’re a liquor store owner and someone gives you a fake ID, give them your thumbprint down!) Keep additional notes if there is more than one document with the same name such as escrow numbers, addresses, or anything to distinguish the documents.

The purpose in keeping a journal is not so much to please your state although many states require this, it is to please the FBI & Judges as they will be the ones inspecting your journal if something goes wrong. (However there’s no pleasing some people, like my old girlfriend who complained when I had the toilet paper roll under, not over, and also when I had it over, not under.) California audits journals from time to time too and they will suspend you if you keep a bad journal or no journal.

If the identification does not prove a person’s identity then that is a questionable and possibly illegal notarization. Think of all the trouble you could get yourself into taking liberties notarizing. You could end up in court as a defendant. The ID does not have to exactly match the signature, but the name in the signature must be provable based on the ID. i.e. the ID says John William Smith and the signature on the document says, John W Smith — then it is provable and you should be okay. If your ID says “John Doe” and you’re checking into a hotel with a harlot, it isn’t provable but you should be okay if you wear protection.

Identification for the purposes of notarization should be government issued photo ID’s and be current (some states have exceptions to the current part.) A Social Security card or AKA statement is NOT acceptable for a Notary to use to identify a signer or verify a middle initial. If Social Security runs out in 30 years, you can use that to identify millennials’ middle fingers.

A thumbprint is the most unique and reliable way of identifying someone as a supplemental form of identification. Use a photo ID as a primary ID and thumbprint in your journal. That way if you are ever investigated you will have hard bio-metric data to find dangerous criminals. If the criminal had his thumb blown off, you’re on your own.

When doing a POA signing with an Attorney in Fact, there are multiple ways an AIF can sign. John, as attorney in fact for Sue. Sue, by John her POA, etc. To choose the right variation is NOT YOUR JOB. There are perhaps eight legally acceptable ways of doing the verbiage. It is up to the LENDER to decide which variation they want. Rely exclusively on them for this as choosing a variation is a matter of preference, and the loan will not go through if you goof on this. If you goof on your younger siblings, it’s perfectly normal.

Do NOT send loose certificates in the mail. You could end up in jail as it could be attached to anything. Certificates must be stapled to the document they correspond to — period! Do not send loose women in the mail unless she’s going to Harvey Weinstein. Darn! Okay, I promise, that’s the last Weinstein joke!

Do not ask Lenders or title people for notary advice. They will tell you what they want you to do which is often illegal and for their short term benefit. Rely on your state government and NNA’s hotline for reliable Notary knowledge. Other people are NOT experts at Notary law and might lead you astray by accident or for their convenience. Don’t trust anybody except Santa Claus and the Tooth Fairy. They don’t exist? Okay, don’t even trust them!

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October 13, 2017

Notary Public 101 — Identification

Filed under: Comprehensive Guides,Identification For Being Notarized,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , , — admin @ 2:00 am

Return to table of contents for Notary Public 101.

.

IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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August 23, 2017

Letter to the NNA about Notary Testing

Filed under: Popular on Linked In,Popular Overall,Social Media — admin @ 12:10 am

Dear NNA,
It has come to my attention that the focus that both of our organizations have put on loan document knowledge seems to be a somewhat wasted focus for two reasons. First, the people we both have certified don’t know their loan documents that well. Second, Notaries tend to know their loan documents better than they know their Notary procedures.

When we get complaints about our Notaries, the complaints are normally that a Notary was rude, left someone high and dry after a botched signing not returning emails or calls, or that the notary made a Notary mistake (more common with beginners) or did not follow directions.

To certify someone as a loan signer who cannot function as a Notary is a mistake we have both made. I can show you many examples of individuals who have an intimate and flawless understanding of loan documents who cannot answer basic Notary questions.

For example, if you called your members up one by one and asked them the difference between an Acknowledgment and a Jurat two things would happen. First, they would be offended that you called them and second, 90% would not give a thorough or correct answer according to my findings.

Notary knowledge trumps loan signing knowledge as the most common errors that happen at a loan signing are notary errors. Notaries commonly stamp where they see the word “seal” whether there is notarial wording or not. Notaries stamp over wording. Many Notaries decline legal requests for foreign language notarizations in California. The most common misunderstanding is that in 44 states, an Acknowledged signature can be signed prior to appearing before the Notary Public. There are many other issues as well.

The main point of this letter is to let you know that we are testing people on the wrong things. We need to know if someone is a good Notary and if they have a good attitude first. If they don’t know the difference between an Occupancy Affidavit and a Compliance Agreement, that will probably not come back to haunt anyone. But, if you identify someone incorrectly and notarize someone with an ID that says John Smith as John W Smith simply becuase you are “supposed to” have the person sign as their named is typed in the document, you could end up in court on an identity theft case for months without pay, and possibly be named as a defendent in addition to merely being a witness.

Last but not least, journal thumbprints are a hot topic of debate among myself and the Notaries. Many Notaries are being discouraged from taking thumbprints simply because it seems invasive or offensive to some Notary customers. However, the thumbprint has been the one piece of information that has helped the FBI nail some really scary ponzi schemers and identity thiefs. Not all states require journal thumbprints yet, but people who lead Notary organizations should do more to encourage people to take thumbprints as a measure to protect society from frauds.

Thumbprinting should be encouraged by scaring Notaries into realizing that without a thumbprint, they might be in court for a very long time, or named as a defendent and conspirator in an identity theft ring. Unlikely or not, the truth is that the FBI does treat Notaries like suspects as a matter of practice whenever anything goes wrong that requires their attention. Keeping good records is a way to wrap up situations quickly and without being blamed as a shoddy record keeper.

So, let’s both invest more in testing Notaries better on what really matters which is the fact that Notary knowledge takes precident over loan signing knowledge, and that following directions, getting back to people and being nice in the face of adversity are the most important things! Knowing the details of the Correction Agreement is actually the least important thing to know. According to lenders I know, the POA is the only document in a loan package which they stress that I test people on!

Thanks for your support, and I recommend your Notary educational products to all although I am out of touch with what the current names for your courses are as I studied from you in 1997. I think the Notary Essentials is what people have mentioned they were studying.

.

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My bad karma from testing people by phone
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10 reasons why the State Notary divisions should be nationalized
http://blog.123notary.com/?p=19487

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January 30, 2011

Notarize JUST the Name

Filed under: Ken Edelstein — Tags: , , , , — admin @ 12:22 pm

Notarize JUST the Name
We are all familiar with the two most common notary actions. The Jurat: “Sworn to and Subscribed…….”, and the Acknowledgement: “This instrument was Acknowledged before me…..”. I’m not going to cover the not so subtle differences between the two of them. What will be discussed is the expansion of the notary statement to include virtually anything.

I just shipped off an Edoc. I had to redact (no changes were made, no replacement text, just a thin line thru with my initials at the end of the line) some superfluous verbiage. Before I get into the details let me credit the source of “my” opinions. The office of the New York County Clerk has told me, quite strongly: “You notarize just the name as proven on the ID, nothing more”. What they are referring to are what I call “name attributes” and there are many. Not to be confused with name components (Jr. Sr. III, etc.) which were on the birth certificate. Name attributes, and there are many include: MD, PhD, DDS, etc.

Those name attributes are rarely a problem and they are usually not added to the name in the notary section. What is a problem are what I will call “name descriptors”, and they are becoming a growing problem. A Jurat in the edoc included “a resident of ”. How would I know where the person signing resides? It’s not for me to say (I know, that’s a song title too). This was in the (usually) simple Sample Signature document. Why? I can’t figure out any rationale for inclusion of residency information on that document.

The same package included, after the name, the phrase “a capable person”. Capable of what? Such a phrase could keep lawyers in discussion forever. This particular bit of foolishness was on the AKA statement. Of course no discussion of name descriptors would be complete with mention of the classic and most common one: the marital status. Before me appeared Suzy Snowflake, a single woman. Says who? Suzy of course. So why is it in MY statement? If Ms Snowflake wishes to make a statement that she is not married, I would be happy to notarize it. But, I certainly will not include her marital status in my statement.

Even if I were to be absolutely sure of her marital status it is improper for me to include it in my statement. But, one cannot prove their marital status – it’s impossible; think about it. The problem stems from some shoddy computer programming taking the “vesting name” from the mortgage (where marital status makes sense) and propagating it into other areas.

I have discussed the issue of name descriptors many times with foggy headed drones who feel that because it is preprinted I must live with it. Not so. The notary section IS the statement of the Notary Public and IS subject to change and or deletion. My licensing officials don’t allow it, and I am certainly not able to state someone is capable, married or where they reside. Sometimes it’s a tough judgment call. If the descriptor is “of legal age” I would have to know exactly where that phrase is applied. If they are under 21, it “might” matter in some states; and could also be document specific.

We want to process the document with little conflict, as raising “issues” often sours the client. To me it’s better to lose a client than receive a summons; and become a party to litigation. As a public official my words have, “authority”; and with that comes responsibility for accuracy.

.

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January 12, 2011

Notary Jail

Filed under: Best Humorous Posts,Humorous Posts,Popular on Facebook (very) — Tags: — admin @ 12:00 pm

WARDEN: Welcome to Notary Jail — Don’t drop the embosser!
It’s time for mug shots. Turn to the right and say “scilicit” — that’s a notary term. You would know that if you read your Notary handbook. And by the way, selling your notary seal on eBay, was it really worth it?

NOTARY: Hey, I got paid $800 for it. I was in a pinch and needed the money.

WARDEN: Well you won’t have to worry about being behind on rent here!

I think that I am the first person to come up with this concept. Notary jail. Where Notaries go when they’ve been bad. But, most Notaries have been bad, they just didn’t get caught because their secretary of state’s don’t bother to enforce a single law. What is the point of having laws if you don’t enforce them?

Oath Omissions
If you forget to administer an Oath you should be sent to Notary jail and get booked. The first thing they will do is thumbprint you in their journal. Then, they will ask you if you take journal thumbprints. If you say, “My state doesn’t require that.” Then they will put you in solitary confinement. After all, an innocent person could be scammed out of everything they own and the culprit could run free simply because you didn’t take a thumbprint.

ID-ing
If you didn’t ID someone correctly, then a cell in the insane ward would be in order. Since you let John Smith sign as John W Smith, you will also not mind being around five people who are sure that they are Abraham Lincoln.

Loose Certificates
And then there are the people who don’t fill in certificates properly or send loose certificates in the mail. Tisk tisk. The staff at Notary jail will goof on your jail paperwork if you do that and you’ll be in for a long time.

Jail Food?
Oh, and the food at Notary jail? Embossed flat bread sandwiches. You get that nice raised seal embossed pattern on every bite. Then they have a breakfast cereal called frosted mini-seals. Oh, and one more thing. They have soap shaped like a Notary seal. But, don’t drop the soap (or don’t drop the seal.)

Entertainment at Notary jail involves watching television documentaries on the notary profession and NNA how to materials. When they run out of sleeping pills, they have written Notary materials for you to study. The yard outside is shaped like a giant notary seal. You get an hour of outside time per day.

Notary Questions
And if they ask Notary questions in Notary jail, don’t talk back to the guards like you normally do to Jeremy. Just answer questions the way they were asked and you might get time off for good behavior.

Conclusion
In real life, the Notaries who end up in jail are those who committed fraud involving real property. Trying to steal someone’s property and put it in someone else’s name using your Notary commission is the worst crime you can commit.

Then there are the cases where fraud happens that is not the Notary’s fault. Perhaps if the Notary had been more careful filling out the certificates or journal entries it would be easier to prove what happened. But, in such cases, the notary ends up in court, not jail.

If you do end up in Notary jail, you might bump into a few of your Mortgage Broker clients. On the other hand, they have their own jail — Mortgage Jail.

.

Can a Notary go to jail for Notary fraud?
http://blog.123notary.com/?p=21353

Putting jails and hospitals into your notes section
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Go to jail but DO collect $100
http://blog.123notary.com/?p=15361

Find a notary who goes to Twin Towers Jail and other Los Angeles Prisons
http://blog.123notary.com/?p=21349

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January 2, 2011

Some of you people have a few screws loose.

Filed under: Certification & Communication Skills,Popular on Linked In — admin @ 1:06 am

When I ask people questions to test their competency, it is remarkable how many people have screws loose.

Repeating
When I talk to my psychic, I talk to him for an hour every week or two. I do not ask him to repeat anything in an hour. When I talk to Carmen or Adine on the phone, I never have to have them repeat anything. It is remarkable how many of my clients have me repeat myself multiple times in a very short conversation. Do they not understand the confusing technical language I am using with terms like, “Venue, Notarial Act, Acknowledgment, Journal or Affiant?” If you don’t know Notary language, time to look up some terms in our glossary. That is your jour to know!

Scrambling
Normally when I ask people, “If you have TWO people each of whom is signing THREE notarized documents, how many journal entries should you fill out.” The Notary repeats back to me, “Okay, so you have THREE people each signing how many documents?” First of all, it is two people, how can you scramble that? Additionally, they are not signing three documents, they are signing three NOTARIZED documents. If the documents are not notarized documents, you don’t need to fill out any journal entries.

That would lead me to a great trick question — if you have two signers signing three documents, how many journal entries would you need to create? None! Because the documents were not designated to be notarized!

Changing the Scenario
When I ask, “If the ID says John Smith, but the name on the signature of the documetn says, John W Smith, without changing the scenario, can you notarize the signature?” Most people immediately say they would ask for another ID. But, asking for another ID is what I told you specifically not to do, namely, changing the scenario. I am trying to test your skills on saying yes or no to questions with limited parameters, not your skill at changing the question to a completely different quesiton that you prefer to answer. Answer questions as asked or you lose points. It is not rocket science — and the answer is NO. You are a Notary, yet the word you have the most trouble saying is, “NO.”

Talking endlessly
When I ask quick questions I have thousands of people to ask. If you talk endlessly and I have to ask you to stop talking, that is a huge headache for me. Just answer questions quickly without rambling and we can finish our quiz quickly.

Sluggish
Some people take forever to think of answer to questions. The most relentless question is when I ask people which Notary Acts are legal in their state. Most people have to think for a long time. You do Acknowledgements, Jurats and Oaths daily, why is it like rocket science for you to open your mouth and spit it out? Do you not know that those are considered official notarial acts in your state or in most states? A few states don’t have an official Jurat, but they have other acts similar to it such as Verification under Oath or Affidavits or Sworn Statements.

In short, the behavior of Notaries always seems somewhat mentally impaired. Less than 10% of Notaries on 123notary can just answer simple questions without asking me to repeat, scrambling information, changing the scenario, giving round about answers, rambling endlessly or taking a lot of my time. I just want to test your competency. I don’t have all day for nonsense. Try to discipline yourself to answer questions the way they were asked because the business world doesn’t have the patience for this type of nonsense. It is purely unprofessional.

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January 14, 2022

Psych Notary Episode

Filed under: Best Humorous Posts,Popular on Facebook (some),Popular Overall,Sit-Coms — Tags: — admin @ 11:54 pm

This was originally published many years ago.

There is a sit-com on Ion television that you can sometimes get on other cable stations called Psych. It’s about a psychic Shawn Spencer and his sidekick Burton Guster. In any case, the psychic is a fake half the time who sees real clues that nobody else saw him see and then pretends to have a vision.

In this episode, a Notary is found dead and his stamp is found missing. The detectives arrive on the scene.

LASSITER: The body is dead — and it’s cold. It could have been lying here for a good seven to ten hours in my estimate. The cause of death seems unclear.

JULES: Let’s take the body to the lab and see if there is any sign of food poisoning. The victim seems to be a Notary Public, and you know how those type of people are — you know — eating on the road on the run.

SHAWN: You’re right. He might have eaten a poisoned fish filet or….wait a second, I’m getting something… (puts his right two fingers to his head) This MAN, did not die from accidental food poisoning (pause)… he was murdered.

LASSITER: You and your unsubstantiated hunches. I just can’t stand it. And what’s worse is that you’re right more than half the time.

SHAWN: Some people say that I’m talented. Oh, and I’m sorry about your tragic breakup.

LASSITER: Yeah… so am I. I really fell for her.

SHAWN: Don’t despair Lassie, there are other fish in the sea… and coral, particularly Staghorn coral.. and sometimes Pillar coral, and it really sucks when that filmy type of algae gets stuck on the coral.. hmmm. I wonder how that happens. But, I digress. My point is that I’m sure you’ll find someone else.

GUS: Yeah… You’ll find someone. Algae on coral? Ain’t no algae on coral.

SHAWN: I’ve seen it. At least half a dozen times.

GUS: Where?

SHAWN: Snorkeling

GUS: Since when do you snorkel?

SHAWN: I snorkel… Why, you didn’t think I snorkeled? I’m a snorkeler. And I can communicate with fish too. Watch this (puts face near the fish tank and blows bubbles in the air) bubble bubble bubble… See. I told you. I am all about the sea.

JULES: Well, we’ll have to inspect the scene thoroughly and then round up some suspects. Hmm. It seems that this man is a Notary, yet his Notary seal seems to be missing. Perhaps this Notary was murdered to cover up a botched notarization.

LASSITER: Or perhaps the Notary had an exclusive contract with his boss, and his boss found out….

SHAWN: That the Notary was cheating on him… I think you’re projecting, Lassie. Your ex-girlfriend.

LASSITER: She never cheated on me! She was arrested for conspiracy.

SHAWN: Sure she didn’t. I understand. We need to know who the last one who was in the room was — and that man (or woman) will be… the killer.

GUS: What if there were two of them.

SHAWN: Okay… I’m getting something. (puts right fingers to side of head). I know who the killer is… or should I say… “Killizz”

LASSITER: According to this security footage, a well known gangster named Tommy Walker was the last man to come here.

SHAWN: Wait a second, I recognize those finger tattoos. Put them all together, one one hand is says love, and on the other hand’s fingers it says hate. And mom told me not to use four letter words. The killer had a document missing a page and the Notary refused to sign it. So, the killer murdered the Notary, stole the Notary’s stamp and backdated the notarization so that it would APPEAR to have been done long before the murder even though it would not be recorded until after because of some last minute travel arrangements gone bad.

JULES: How do you come up with this?

SHAWN: I have a natural gift.

(Meanwhile the main suspect Tommy Walker, a hardened criminal is at home eating fruit loops and watching the muffets when our dynamic team of sleuths barges in)

LASSITER: (pointing gun) You’re under arrest for the Murder of John Q Smith, Notary Public at large.

TOMMY: I didn’t kill him. He just died shortly after our Notary appointment.

SHAWN: Ah-ha, but your Notary appointment yielded no actual notarization. Or did it. Wait a second… I”m getting something (see’s notarized form in the bag) I see a … win a trip for two to Disney Land…

GUS: Shawn!

SHAWN: Oh, sorry, no… check right behind the Disneyland document and you will find the incriminating document. Yes… A falsified Power of Attorney with a classic missing page… The NNA warns people about that type of situation.

JULES: Oh my God Shawn. You’re right. This Notarization was dated several days ago, but the ink is still fresh.

SHAWN: Caught… in the act. And… we happen to have access to this Notary’s Notary journal which has no record of your transaction on May 5th, “el cinco de Mayo” of the Power of Attorney in question. Which proves that either the Notary kept lousy records, or that you faked the notarization. We’ll have to take the form to the lab so that Woody can inspect the ink for aging.

TOMMY: Okay, I did it. I stole the Notary’s seal, but I didn’t kill him. The killer

SHAWN: Or “Killizz”

TOMMY: is STILL at large. We’ll have to wait for the autopsy. In the mean time… hello travelocity.

JULES: Not so fast. We have the right to detain you until we resolve this.

GUS: Good thing this Notary kept good records because many Notaries on 123notary don’t think they need to keep a journal since their state doesn’t require it. And the ones in California who are required, don’t understand that each document and signature require their own journal entry. You can’t just put them all on the same line and expect that to be a legal record.

SHAWN: How do you know all this?

GUS: Because I used to be a commissioned Notary Public for the state of California, County of Santa Barbara — thank you very much for asking.

SHAWN: Oh cool, so can you notarize my stuffed penguin I’ve had since childhood?

GUS: You never had a stuffed penguin.

SHAWN : Did too, you just never saw it.

GUS: Where did you keep it?

LASSITER: Gentlemen, let’s be done with this inconsequential rambling and get to the task at hand. We need to take Tommy into custody and then question him. Meanwhile, we need to see Woody to see what the autopsy reveals.

WOODY: Hmmm, I’ve checked the body thoroughly and it seems that the Notary was administered a tiny amount of poison that would make him drowsy for just the amount of time it would take Tommy to borrow the Notary’s seal, stamp a document, return the seal and then leave. Tommy probably figured the Notary wouldn’t suspect a thing. HOWEVER, since the Notary had an allergy to some of the chemicals in the poison, the Notary died on the spot. Although the death was accidental, the poisoning was not.

LASSITER: Involuntary manslaughter. Tommy will get a much shorter sentence. A petty crime gone wrong.

SHAWN: Couldn’t the Notary die on an x, or on a dotted line instead of on the spot. Wouldn’t that be cooler.

GUS: Shawn! A notary can’t die on an x marks the spot. That’s ridiculous. He could die on a chair.

SHAWN: Or a gezebo. Or … wait a second, or a pagoda. But, that would probably only be a Japanese Notary.

GUS: Unless it was an American tourist Notary who was on vacation in a place where there are pagodas.

SHAWN: True, but would the American Notary carry their seal with them to Osaka to a pagoda and then just die there?

GUS: I don’t know. But, the Notary seal might drop out of his bag while he was bowing. When Americans bow, they bow too low. Japanese bow just a little bit — just the right amount.

SHAWN: How do you know so much about bowing?

GUS: I studied Hokkaido style karate — that is how I know. And if you studied that too, the knowledge would come from within you.

SHAWN: Right now the only thing coming from within me is an intense desire to eat a pineapple. Wanna share one?

GUS: Okay!

LASSITER: You guys are both insane. But, we cracked the case and we can all go home now, except for Tommy who’s going to do some real time.

SHAWN: Yes, unless he also finds a way to backdate his prison sentence!

.

You might also like:

Best Virtual Comedy Compilation Updated 2018
http://blog.123notary.com/?p=17693

See our string of Psych episodes
http://blog.123notary.com/?tag=psych

Psychic – Notary Psychic Tarot Card Reading
http://blog.123notary.com/?p=19126

Suicide – Notary Suicide Hotline
http://blog.123notary.com/?p=6995

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December 28, 2020

Money and the Notary

Filed under: Ken Edelstein — admin @ 12:49 pm

Background
In my youth, quite some time ago; I met with Ben Franklin at Fraunces Tavern in lower Manhattan in the colony of New York. He told me that the phrase ‘A Penny Saved is a Penny Earned’ means that it is as useful to save money that you already have as it is to earn more. I found this inspirational, and was causative to this blog entry.

Pennies Saved
Saving money is a double edged situation. Of course you get to keep the cash by not spending it and add to your personal wealth. Naturally this assumes those who you trusted to make a payment to you actually do. Personally, I follow mom’s advice to not trust strangers and most often require PayPal in advance. But I digress. It’s nice to accumulate wealth for needs unanticipated; as well as the anticipation of becoming “elderly”, sick or disabled. Thus Ben was quite correct, simply put: it’s nice to keep those pennies.

However there is the other edge: wise spending. We enjoy choices, many choices vie for our pennies. A quality smart phone that can run wayz (a cell phone based GPS navigation aid) will save fuel and often travel time. Hoarding all income is impractical, if not impossible. The pennies not saved; in effect invested, can yield many more pennies. Mobile Notaries with quality equipment; and, of course the skills to deploy them often prosper. Misers rarely flourish.

Pennies Earned
Pardon the repetition; earning money is also double edged. Multiple dichotomies exist. One can do ten jobs for twenty five dollars each, or five jobs for fifty dollars each. Sure that is an over simplification of the lowballer. However the concept is a valid one. Similarly, the complex and lengthy to process tasks are generally the most lucrative. To get them you need a lot of skill, advanced education; and a reputation of excellence. Notaries compete rather than cooperate. There are many chasing the same few assignments. What to do? The simplest, albeit harshest solution; would be for the near failing, to seek other employment.

John Houseman for Smith Barney, said, “They make money the old fashioned way… they earn it,” Do you really do everything in your power to, in every case; do all that you can to earn your fee? Some do, but many do not. Most of us have probably received a “clean up” assignment. That is one where our employer stresses the need for accuracy and that they probably would “lose their client” if the job was re-botched.

A Closing saved is a Closing earned
A perfect error free package is a joy to receive. All the right boxes were checked and the fill in information was properly entered. Of course the signatures, initials and notarizations were a joy to behold. No need to call anyone, it was done, and done completely right the first time. They are not going to call Ghost Busters Notary for the next job – they call the provider of perfection.

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

.

You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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