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November 1, 2024

Understanding Notary Misconduct and Penalties

Filed under: Notary Mistakes — Tags: — Tom Wilkins @ 12:00 am

Knowing that a notary is bound by strict professional standards is essential when working with them. A notary’s role ensures the legality of important documents, but even minor misconduct can lead to severe penalties. For homeowners and business owners, understanding notary misconduct and penalties for legal non-compliance is key to protecting themselves and their transactions.

What is Notary Misconduct?

Notary misconduct occurs when a notary public violates the laws or ethical standards governing their role. This can happen unintentionally, through negligence, or intentionally, through fraud. Misconduct affects the legitimacy of the notarized documents. It can lead to significant legal and financial problems for the involved parties.

Common Types of Notary Misconduct

1. Failure to Verify Signer’s Identity

One of the most important duties of a notary is to confirm the signer’s identity. Misconduct occurs if a notary skips this step, risking fraud and invalidating the notarization.

2. Conflict of Interest

Notaries must remain impartial. When a notary has a personal or financial interest in a document, their neutrality is compromised, which can lead to disputes or potential penalties.

3. Inadequate Record-Keeping

Most states require notaries to keep a record, or journal, of each notarization. Failure to do so may result in misconduct accusations, as it can be challenging to verify transactions later if questions arise.

4. Failing to Administer an Oath or Affirmation

Certain notarizations require the signer to take an oath or affirmation. Skipping this crucial step is a form of misconduct and can lead to severe consequences for the document’s validity.

Understanding Penalties for Notary Misconduct

Penalties for notary misconduct vary based on the type and severity of the offense and local state laws. Understanding notary misconduct and penalties for legal non-compliance can help homeowners and business owners avoid issues with improperly notarized documents.

Civil Penalties

Civil penalties are commonly issued for misconduct, including fines or restitution payments to parties affected by the notary’s actions. If errors or negligence cause financial losses, a notary could be liable to compensate those impacted. Civil penalties stress accountability, mainly when misconduct results from a lack of proper diligence.

Criminal Penalties

Criminal penalties apply in cases of intentional fraud or deceit. For example, a notary who knowingly notarizes a forged document or falsifies a signature may face criminal charges. This can include jail time, substantial fines, or both. Criminal penalties are typically reserved for serious misconduct and aim to deter fraud in the notarization process.

Disciplinary Action

Disciplinary actions may include suspending or revoking a notary’s commission by the state licensing authority. These actions occur every day when misconduct is repeated or particularly severe. For instance, multiple complaints about a notary’s work can lead to a review and possible suspension to ensure that the integrity of notarizations is preserved.

Professional Liability

Many states require notaries to carry errors and omissions (E&O) insurance. This insurance covers claims arising from notary negligence, ensuring that the notary is financially protected if they’re held liable for losses caused by their actions. E&O insurance helps safeguard notaries and clients from the financial repercussions of mistakes.

How to Avoid Notary Misconduct

Avoiding notary misconduct starts with following best practices and understanding state-specific requirements. Both notaries and clients should take steps to ensure that notarizations are carried out lawfully.

For Notaries

  1. Verify identification Carefully: Always check identification thoroughly to confirm the signer’s identity and avoid fraud.
  2. Avoid Conflicts of Interest: Refuse notarizations where you may have a personal or financial interest.
  3. Keep Comprehensive Records: A well-kept journal can prevent disputes and prove compliance with notary laws.
  4. Stay Updated on State Laws: Notary requirements vary by state and can change over time. Staying informed about these laws helps avoid accidental misconduct.

For Clients

  1. Work with Reputable Notaries: Verify that the notary has a solid reputation and ask any necessary questions.
  2. Request Documentation: Clients may request records or copies of notarization journals for extra assurance.
  3. Watch for Red Flags: If a notary skips identification steps or fails to administer oaths when required, ask for proper procedures.

Safeguard Your Transactions

Understanding notary misconduct and penalties for legal non-compliance helps homeowners and business owners ensure the integrity of their transactions. Knowing common issues and legal consequences, you can better protect your documents and avoid unnecessary risks. To learn more about how notaries serve businesses, check out businesses that need notaries.

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October 25, 2024

Notary Verbiage and Wording Tips

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

Have you ever wondered if the wording in your notarized documents could lead to costly mistakes? Homeowners and business owners must have clear and precise notary vocabulary to ensure their legal documents are correctly prepared and executed. Whether you’re managing real estate transactions, business agreements, or loan documents, using the correct language helps prevent errors, delays, and legal disputes. This guide will explore critical notary verbiage and wording tips for clear documentation to streamline your process and protect your interests.

The Importance of Clear Notary Verbiage

Clear and correct notary verbiage ensures your documents are legally binding and properly executed. Correct wording can significantly affect real estate transactions, business contracts, or loan agreements. Follow these tips to keep your documents in order and avoid complications.

Tip 1: Keep the Language Simple and Clear

One of the most essential notary verbiage and wording tips for clear documentation is to use simple, understandable language. Avoid unnecessary legal jargon that could confuse the signer and lead to errors. This helps ensure that all parties understand the document and the responsibilities involved.

  1. Avoid terms like “heretofore” or “hereinafter.”
  2. Use simple alternatives like “from this point” or “from now on.”

Tip 2: Be Specific in Names, Dates, and Phrases

Precision is crucial in notarized documents. Vague or unclear wording can cause confusion or disputes. All parties must understand the terms and conditions outlined in the document. Be as specific as possible when referring to individuals or dates.

  1. Use full legal names instead of nicknames or initials
  2. Use specific dates like “on July 15, 2024, at 10:00 AM” rather than “around this date.”
  3. Avoid phrases like “as soon as possible” or “at your earliest convenience.”

Tip 3: Review Notary Certificate Wording

The wording on notary certificates must comply with state regulations, which can vary based on the type of notarization. Double-check that your certificate includes the correct legal language for your state. If uncertain, consult your state’s notary handbook or seek legal advice to ensure compliance.

  1. For acknowledgments, ensure phrases like “personally appeared before me” are included
  2. For jurats, confirm the certificate states that the signer swore or affirmed the document in front of the notary

Tip 4: Include All Necessary Information

It’s important to ensure all essential information is on your notarized document. Failing to include the required details can result in rejection or delay. Ensure that each document requiring notarization has the correct information to avoid confusion or legal issues.

  1. Full names of all signers
  2. Notary commission number
  3. Date of notarization
  4. A complete signature block for each signer with consistent wording, such as “signed and sworn to before me on [date].”

Tip 5: Maintain Professional Language

Always use formal, professional language in your notary verbiage. Casual wording can undermine the seriousness of legal documents. Keep the tone appropriate for the legal setting. This will help maintain the integrity and importance of the document.

  1. Instead of saying “showed up,” use “personally appeared.”
  2. Avoid conversational phrases; use formal terms like “executed before me” or “acknowledged before me.”

Tip 6: Know Your State’s Notary Regulations

Since notary laws differ between states, staying updated on local regulations is essential. Some states require specific wording for particular types of documents, especially in real estate transactions. Homeowners and business owners can benefit from consulting legal experts or a trusted notary to ensure their documents meet legal standards.

  1. Review your state’s notary laws regularly to ensure compliance
  2. Use the latest required verbiage to avoid the document being invalidated

Accurate Verbiage Matters

Precise and clear notary verbiage ensures your documents are correctly executed and legally binding. By following these notary verbiage and wording tips for clear documentation, you can avoid common mistakes and ensure your documents meet all legal requirements. Staying specific, using simple language, and adhering to state regulations will help you confidently create notarized documents.

For additional tips, check out our blog on mobile notary safety tips for beginners to further enhance your notary knowledge.

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February 9, 2024

Notary Efficiency 101: Organizational Tips for Success

Filed under: General Articles — Tags: — Tom Wilkins @ 5:12 pm

In our modern world, efficiency is crucial, particularly for notaries who have an essential role in verifying documents for individuals and businesses. Having a tidy workspace can significantly improve your accuracy and productivity when dealing with legal documents, real estate transactions, or business contracts. In this article, we will discuss effective organization tips for notary to declutter your workspace and notarize with unparalleled efficiency.

Declutter Your Workspace

A cluttered workspace can lead to mistakes, lost documents, and unnecessary stress. Begin by minimizing physical clutter. Keep only the essentials on your desk: your notary seal, stamp, journal, and current documents. Utilize filing systems for completed and pending documents to avoid mix-ups and ensure easy access. Digital clutter can be just as problematic, so organize your digital files with clear naming conventions and back them up regularly to prevent data loss.

Streamline Your Processes

To achieve efficiency in notarization, it is essential to have streamlined processes. One of the key organization tips for a notary is to create a checklist for each type of notarization service you offer. This ensures that no step is overlooked and can speed up the process for you and your clients. In addition to this, it would be helpful to consider using scheduling software to manage appointments. This reduces the risk of double bookings and helps allocate your time effectively.

Invest in the Right Tools

The right tools can make a world of difference in your notary practice. A high-quality scanner and printer are indispensable for creating clear copies of documents. Digital tools like electronic notary platforms can also streamline the notarization process, allowing for remote notarizations, which can expand your client base. Furthermore, ensure your mobile devices are equipped with secure, encrypted apps for managing emails and documents on the go.

Stay Informed and Educated

Staying up-to-date with the latest notary laws and best practices is crucial for efficient service. Regularly attend workshops, webinars, and training sessions. This enhances your knowledge and ensures compliance with state laws and regulations. Moreover, joining notary associations can provide valuable resources and a network of peers for advice and support.

Prioritize Security

Security is of utmost importance in notary work. Use special software to keep digital files safe and lock paper documents in a secure cabinet. When sending papers, it’s crucial to ensure their safety. Many people inquire about the safety of FedEx drop boxes, and it’s always advisable to use trusted ways to send important documents. To get useful tips on sending documents safely, you can read about whether FedEx drop boxes are safe.

Communication is Key

Effective communication with your clients can greatly enhance your efficiency. Set clear expectations regarding the notarization process, required documents, and fees. This reduces confusion and last-minute scrambles. Furthermore, be responsive to calls and emails, as timely communication can prevent delays and foster trust with your clients.

Unlocking Notary Efficiency

Adopting these organization tips for notary practices can significantly declutter your workspace and streamline your notarization processes. From decluttering and investing in the right tools to prioritizing security and maintaining effective communication, each strategy is pivotal in enhancing your efficiency and reliability as a notary. Remember, an organized notary is a successful notary, ensuring smooth transactions for homeowners and business owners alike. Embrace these tips, and watch your notary practice thrive in productivity and professionalism.

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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

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

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

Notarizing Documents When A Signer Isn’t Present

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

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

Insufficient Signer Identification

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

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

Incomplete Certificates and Oath/Affirmation Neglect

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

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

Challenges in an Expired Notary Environment

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

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

Notarizing Documents After Commission Expiry

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

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

Credible Witness Situations

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

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

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

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

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June 16, 2023

Conquering Challenges Encountered by Notaries

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

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May 12, 2023

Scheduling Tips & Tricks for Mobile Notaries

Filed under: Beginners Corner — Tags: , , — Tom Wilkins @ 12:00 am

As a mobile notary, you’re always on the move, witnessing and verifying legal documents. But between the hustle and bustle, you must ensure your schedule is organized and efficient to keep your business booming. That’s why we’ve created this fun and informational guide to help you master your time management skills. Here are eight scheduling tips & tricks for mobile notaries to make scheduling a breeze!

Color Code Your Calendar

Add a little pizzazz to your planner by color-coding your appointments. Assign different colors to appointments, like signings, client meetings, or personal time. This visual cue will help you quickly see what’s coming up and better prioritize your time.

Set the Stage with a Pre-Scheduling Routine

Before diving into scheduling, create a pre-scheduling routine. Start with a cup of coffee or a quick workout to energize your body and mind. Then, review your emails and texts for appointment requests, and list them. Finally, check your calendar and start scheduling appointments, ensuring you have enough time to travel between locations.

Embrace Digital Tools

Ditch your paper planner and go digital! Use scheduling apps like Google Calendar, Calendly, or Doodle to manage your appointments easily, set reminders, and sync your calendar across all your devices. Some apps even allow clients to book directly, saving you time and preventing double bookings.

Schedule Buffer Time

Keep your schedule manageable. Allow buffer time between appointments to accommodate delays like traffic or document revisions. This extra time will help you stay on schedule and make your clients happy.

Prioritize Client Locations

When planning your day, prioritize appointments by location. Group clients that are close together to minimize travel time and reduce fuel costs. Use a mapping app to help you find the most efficient route and maximize your productivity.

Establish Clear Communication Channels

Ensure your clients know the best way to reach you via phone, email, or text. Establish a preferred communication method and stick to it. This will help streamline communication, making it easier for you to manage appointment requests and confirmations.

Don’t Be Afraid to Say “No”

As much as you want to accommodate every client, sometimes it’s impossible. Don’t be afraid to say “no” when you’re overbooked or the appointment is too far out of your way. It’s better to provide quality service to a few clients than to stretch yourself too thin and risk making mistakes.

Take Time for Yourself

Lastly, remember to schedule some personal time for yourself. Whether it’s a lunch break, a workout session, or a day off, you deserve some downtime to recharge and refocus. After all, a happy notary is a successful notary!

Master Your Schedule and Make Your Life a Notary Party!

By following these scheduling tips & tricks for mobile notaries, you’ll be well on your way to becoming more organized. Want to take your notary game to a whole new level? Check out these time management tips for mobile notaries. So, what are you waiting for? Get out there and start planning your notary party today!

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March 17, 2023

How to Be a Successful Mobile Notary

Filed under: Become a Notary,Beginners Corner,Notary Public 101 — Tags: , , — Tom Wilkins @ 4:17 pm

Working as a mobile notary is an attractive option for those who find the idea of clocking 8 or 9 hours daily at the same location with the same people more than a little stifling. Mobile notaries get to work with a diverse group of people and aren’t stuck at one location constantly. Of course, the drive is only one part of the answer to being a successful mobile notary. Read on for some key tips on turning that dream into a practical reality.

Develop a Plan

People don’t open a restaurant or even launch e-commerce stores without making a plan first. Being a mobile notary isn’t a traditional business, but it most certainly is a business. You should treat it that way and make a business plan.

You can find templates for business plans in many places online, such as the Small Business Administration. Minimally, you need some ideas about what services you’ll offer, the service hours you’ll keep, your expected expenses, and a fee schedule.

Give particular thought to where and how you’ll market your services. Will you get yourself listed in an online notary directory (you should) or focus more on local publications to advertise your services? You’ll probably want a mix of online and offline marketing.

Diversify Your Service Offerings

Many new mobile notaries will focus all their attention on the loan signing aspect of notary services. While these assignments can prove profitable, the payment timeline is extended. You can wait up to 45 days before you see any money.

Consider offering other services directly to consumers in your community. For example, you can offer signature witnessing or copy certification, assuming there is enough work and you can charge enough per notarization to justify it. If nothing else, these other services can help you maintain a positive cash flow

Make Strategic Alliances

New notaries often view other notaries or businesses offering notary services as their competition. There is a kernel of truth in that, but it also limits your business unnecessarily. For example, you’ll want to limit the distance you will drive to offer your services. You can set up an informal agreement to recommend that people use a different notary if they’re outside your driving radius and vice versa.

Pick Your Customers

A common mistake that many new business owners make is that they assume every customer is good. That’s not always the case. For example, a customer that wants you to make a long drive two or three times a month for a low-paying service isn’t a good fit.

As a rule, you must balance your costs and the value of your time against what you get from a customer. Spending an hour round trip for a job that only pays $25 isn’t profitable. You want customers who make it worth your while to make the trip by getting higher-paying services or bundling together several lower-paying services.

How to Be a Successful Mobile Notary

The question of how to be a successful mobile notary requires several things from you. Minimally, you need a business plan to focus your efforts. You’ll want to offer a mix of services to capture immediate profit from consumers and higher-paying work like loan signings. Think about making strategic alliances. Finally, pick customers that value your time and make it worthwhile to make the trip.

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January 26, 2022

The carrot, the stick, the notary, and the bag

Filed under: Humorous Posts — Tags: , , — admin @ 5:55 am

We have all heard the story about the carrot and the stick. But, I decided to add complexity to the story by adding in the notary and the bag which are both relevant in their own way.

The Carrot
Most notaries are lured in by the benefit of getting paid for signing agent work. They are desperate to get work. They believe all of the lies they are fed by companies that string them along without paying them what they really deserve — or perhaps without paying them at all. Notaries keep chasing these bad companies around in desperations because these companies have a carrot — or at least a perceived carrot. (money would be the carrot in this case)

Notaries should NOT hover around bad companies like little puppy dogs jump around their master. Have some dignity! You need to market yourself to hundreds of signing companies. Get on their lists. And keep in touch with them. You need to see yourself as a carrot rather than chasing other people’s carrots. The notary’s carrot is that they can provide seamless service. Imagine a notary who is always on time, always well dressed, always polite, rock solid in reliability, doesn’t make mistakes, knows the documents inside out, and knows how much to explain and what to refer to the lender. If you can be that perfect flawless notary — you are valuable — and you would be more than just a perceived carrot to the signing / title companies. You would be a stick.

The Stick
Many notaries try waving their stick around without the carrot. They brag about themselves and try to convince others that they are great, and they are above the childish requirements for fax backs. Companies who use inexperienced notaries require fax backs since those notaries make a lot of mistakes. If you are “all that”, then why are you working for these chop shops in the first place? Don’t wave your stick around talking and whining — become a carrot on a stick instead.

The Notary
Notaries whine about not being offered much money for undesireable jobs with fax backs. The fact is that if you have experience and are 100% reliable and offer 100% quality service — such a notary is NOT REPLACEABLE… Then you develop a tremendous value. Those are the notaries that companies will wait for. They will say, “Okay, we will reschedule the signing for Wednesday if that is when you are free — we will wait for you”. If you are an average notary, nobody will wait for you.

The Bag
If you don’t make yourself into a super desireable notary, you will be left out by the more desireable companies who can pick and choose. And you will be left holding the bag.

An ending quote…

“If life gives you carrots, make carrot juice” — 123notary.com

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What are Jeremy’s favorite blog entries?
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January 12, 2022

But, I’m still a virgin!

Filed under: Humorous Posts — Tags: , , — admin @ 9:55 am

This was originally published many years ago.

I was meeting with my editor / comedy writer. He told me that my writing had improved a lot in the last 18 months. I took a look at my writing and found that he was correct. But, I still make mistakes. So, as he was looking at one of my articles, he found a few small mistakes. “You missed an explanation point!” “There should be a question mark here, and a common in the following sentence.” So, I added the punctuation that I missed. Then, he found something more serious.

ANDY: You missed a period!

JEREMY: Does that mean…?

ANDY: You’re PREGNANT!

JEREMY: But, I’m still a virgin!

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January 9, 2022

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

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

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Notary Rules or Industry Rules?

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

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

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

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

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

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

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

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

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You might also like:

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

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

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

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

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