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September 20, 2024

Notary Misconduct Penalties: What You Need to Know

Filed under: Comprehensive Guides — Tags: , — Tom Wilkins @ 12:00 am

When handling essential documents, homeowners and business owners often rely on notaries to verify signatures and ensure the legality of documents. However, notaries must adhere to strict standards. Understanding notary misconduct and penalties for legal non-compliance is essential to avoid legal complications. This blog will outline the types of notary misconduct and the associated penalties, helping you stay informed and safeguard your transactions.

Types of Notary Misconduct

1. Fraudulent Actions

Fraudulent behavior includes falsifying signatures, tampering with documents, or notarizing documents known to be false. Such severe offenses can result in significant penalties, including criminal charges and financial restitution.

2. Failure to Verify Identity

A notary’s core responsibility is verifying the identity of signers. Not verifying identity properly can invalidate documents and lead to legal disputes. Penalties for this misconduct include fines and potential suspension or revocation of the notary’s commission.

3. Notarizing Without Presence

Notaries must witness the actual signing of documents. Notarizing without the signer’s presence is a major violation, and it can result in legal action and loss of notary privileges.

4. Improper Record-Keeping

Notaries are required to maintain accurate records of their notarizations. Failure to keep complete or precise records can lead to fines or disciplinary action from regulatory bodies, including suspension or revocation of the notary’s commission.

Penalties for Notary Misconduct

1. Fines and Financial Penalties

Fines are a common consequence of notary misconduct. The amount varies depending on the severity of the misconduct and state regulations. These fines can be substantial and may cover both direct harm caused and administrative costs.

2. Suspension or Revocation of Commission

Notaries found guilty of misconduct may face suspension, a temporary measure, or revocation of their commission, which is permanent. Both actions can significantly impact a notary’s career and reputation, affecting their ability to perform notarizations.

3. Legal Action

Misconduct can also result in legal action, including civil lawsuits or criminal charges. Legal repercussions might include restitution, additional fines, or even imprisonment, depending on the nature of the misconduct.

4. Professional Disciplinary Actions

Professional organizations or licensing boards may impose disciplinary actions such as censure or probation. These actions can restrict the notary’s professional activities and tarnish their reputation within the industry.

Protecting Yourself from Notary Misconduct

1. Verify Notary Credentials

Before engaging a notary, verify their credentials through state or local regulatory agencies. This ensures they are appropriately licensed and in good standing.

2. Request Detailed Records

Ask for a copy of the notary’s journal entry and other detailed records of the notarization process. This will provide transparency and help address potential disputes.

3. Understand Your Rights

Being informed about a notary’s duties and your rights as a signer helps you spot and address misconduct if it occurs. Knowing what to expect can prevent issues before they arise.

4. Report Misconduct

If you suspect a notary has committed misconduct, report it to the appropriate regulatory authority. Early reporting can help mitigate further issues and protect others from similar problems.

Stay Informed and Proactive

Understanding notary misconduct and penalties for legal non-compliance is crucial for homeowners and business owners to protect themselves. You can ensure your documents are handled legally and effectively by staying informed and taking proactive steps. For more details on proper notarization procedures, visit the notarization date. Being proactive helps safeguard your legal and financial interests.

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May 10, 2024

7 Essential Practices to Safeguard Notary Stamps and Journals

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

As a mobile notary, safeguarding your notary stamps and journals is crucial to protecting your professional integrity and clients’ sensitive information. Here are some expanded practices and recommendations to ensure the security of your notarial tools:

  1. Secure Storage: Always store your notary stamps and journals securely. This could be a locked drawer or cabinet when not in use. Such measures are vital to prevent unauthorized access and potential misuse of your notarial tools, especially in shared work environments or when you’re moving.
  2. Controlled Access: Maintaining exclusive control over your notary journal is crucial to ensure the integrity of recorded notarial acts, which include details like the names of parties involved, document types, and the signature date. This information must remain confidential and protected from unauthorized access to safeguard your clients’ sensitive information.
  3. Proper Disposal of Retired Tools: When a notary seal expires, or a journal is filled, it’s important to dispose of these items responsibly to prevent them from falling into the wrong hands. For expired notary seals, consider methods such as cutting, shredding, or burning the rubber part of the stamp. For journals, follow state-specific guidelines, including transferring them to a designated official or keeping them under lock for a certain period before destruction.
  4. Loss or Theft: If your notary stamp or journal is lost or stolen, report the incident immediately to the relevant state authorities and law enforcement. This can help mitigate the risk of fraudulent use of your notary tools and protect you from potential legal liabilities. You may also need to inform your bonding company and any insurance providers to see if additional steps are required under your policies.
  5. Use of Electronic Journals: Consider using electronic journals that offer enhanced security features such as encryption and password protection. E-journals can be backed up securely and accessed remotely, providing a modern solution to maintaining and safeguarding notary records in the digital age.
  6. Regular Audits and Updates: Periodically audit and update your security practices as necessary. This includes checking the physical and digital security of where your stamps and journals are stored. Regular updates to digital security measures, like changing passwords and updating encryption, can prevent unauthorized access.
  7. Training and Awareness: Attend workshops, webinars, and other training sessions to stay informed about the best practices for safeguarding notary stamps and journals. Also, be aware of new laws or changes in existing laws regarding notary practice in your state. Education is a crucial defense against fraud and theft.

Securing Your Professional Tools

Safeguarding your notary stamps and journals is crucial for maintaining the integrity and trust of your mobile notary service. By implementing these key practices, you protect your professional tools against theft, loss, and unauthorized access. This proactive approach secures your tools and reinforces your credibility and reliability as a notary. Keep assessing and updating your security strategies to protect your notarial practice.

For more detailed guidance on specific state requirements and additional tips on securing your notary tools, always refer to your state’s notary laws or consult a professional legal advisor.

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March 22, 2024

How Notaries Can Protect Themselves and Clients From Fraud

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

In the digital age, where transactions are increasingly performed online, the role of notaries has become even more critical. Homeowners and business owners alike must understand the importance of notarization in safeguarding against fraud. For notaries, especially those just beginning their practice, adopting mobile notary safety tips for beginners is essential for protecting themselves and their clients. This article aims to provide valuable insights into how notaries can enhance their fraud protection measures.

Understand the Risks

Fraud in notarization can take many forms, from identity theft to forgery. Notaries play a pivotal role in verifying the identity of signatories, ensuring that documents are signed willingly and under no duress. Recognizing the signs of potential fraud is the first step in prevention.

Implementing Strong Verification Processes

One of the most effective ways to prevent fraud is through rigorous verification processes. This includes checking multiple forms of identification and being aware of any signs that an ID might be forged. A critical mobile notary safety tip for beginners is always using up-to-date technology for ID verification, including apps and devices designed to detect fake IDs.

Keep Detailed Records

Maintaining detailed records of all notarial acts is not just a best practice; it’s a necessity for fraud prevention. This means keeping a well-organized journal that includes information about the signatories, the type of documents notarized, and the verification process used. In cases where fraud is suspected, these records can be invaluable in tracing the source and providing evidence.

Educate Your Clients

Education is a powerful tool in the fight against fraud. Notaries should take the time to inform their clients about the notarization process and its importance in preventing fraudulent activities. This includes explaining the role of notaries in verifying identity and the legal implications of notarization. By educating their clients, notaries build trust and empower their clients to be more vigilant.

Stay Informed and Update Your Skills

The methods used by fraudsters are constantly evolving, so staying informed about the latest fraud trends is crucial. Notaries should attend workshops, seminars, and other educational opportunities to keep their skills sharp and up-to-date. Additionally, joining professional notary associations can provide valuable resources and support.

Use Technology to Your Advantage

Technology can be a double-edged sword, but when used correctly, it can significantly enhance the security of notarial acts. Employing digital journals, electronic notarization platforms, and secure communication channels for mobile notaries can help prevent fraud. However, it’s essential to ensure that any technology used complies with state laws and regulations regarding notarization.

Key Takeaways on Preventing Notary Fraud

Preventing fraud in notarization requires vigilance, education, and the adoption of best practices. By implementing strong verification processes, keeping detailed records, educating clients, staying informed about the latest fraud trends, and leveraging technology, notaries can significantly reduce the risk of fraud. Moreover, for those offering mobile notary services, following mobile notary safety tips for beginners is crucial in safeguarding themselves and their clients from potential fraud.

In conclusion, the fight against notary fraud is ongoing and requires a proactive approach from notaries. Remember, protecting your clients also means protecting your practice. As you look to grow your mobile notary business, remember to incorporate marketing tips for mobile notary services into your strategy. Doing that can help your client base while ensuring safety and integrity in your notarial acts.

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February 16, 2024

Notary Security: Tackling Cybersecurity Risks

Filed under: General Articles — Tags: — Tom Wilkins @ 4:56 pm

In an era where digital transactions are becoming the norm, the importance of notary services remains undiminished. However, as notaries increasingly adopt digital platforms to offer their services, they also become vulnerable to cybersecurity risks. This vulnerability threatens the integrity of their practice and the trust of their clients—homeowners and business owners alike. Understanding these cybersecurity risks for notaries and adopting strategies to mitigate them is essential for safeguarding notarial practices and maintaining client trust.

The Digital Transition and Its Risks

The transition to digital notarization processes offers convenience and efficiency but also opens Pandora’s box of cybersecurity risks. These risks include phishing attacks, malware, data breaches, and identity theft. For notaries, the stakes are particularly high as they deal with sensitive personal and business information. A breach can lead to legal liabilities, financial loss, and damage to reputation.

Mitigating Cybersecurity Risks

  1. Regular Training and Awareness: One of the first steps in mitigating cybersecurity risks for notaries is ensuring that they and their staff are aware of the potential threats and how they manifest. Regular training sessions on recognizing phishing emails, secure password practices, and the importance of regularly updating software can go a long way in preventing cyber-attacks.
  2. Secure Digital Platforms: Notaries must ensure that the digital platforms they use for their services are secure and compliant with industry standards. This includes using encrypted communication channels, secure document storage solutions, and robust authentication methods to protect the identity and data of their clients.
  3. Data Protection Policies: Implementing strict data protection policies is crucial. This includes controlling access to sensitive information, regularly backing up data, and having a clear protocol for responding to data breaches. These policies protect against cyber threats and build client trust by demonstrating a commitment to data security.
  4. Cybersecurity Insurance: Given the potential financial impact of a cyber-attack, investing in cybersecurity insurance can provide an additional layer of protection for notaries. This insurance can cover the costs associated with data breaches, including legal fees, notification expenses, and regulatory fines.
  5. Client Education: Educating clients about the importance of cybersecurity and how they can protect their information is also an important strategy. This can include advising clients on secure document transmission methods and alerting them to the potential signs of cyber fraud.

The Importance of Cybersecurity in Maintaining Trust

For homeowners and business owners, the assurance that their sensitive information is protected is paramount. Notaries play a critical role in various transactions, and a breach in cybersecurity can significantly undermine client trust. By adopting comprehensive cybersecurity measures, notaries can protect themselves from the financial and legal repercussions of cyber-attacks and strengthen clients’ trust in their services.

Strengthening Notary Security

The digital age brings numerous advantages but also new vulnerabilities, particularly in the field of notarization. Understanding and tackling cybersecurity risks for notaries is not just about protecting data; it’s about safeguarding the foundation of trust upon which their practice is built. By implementing rigorous cybersecurity measures and staying informed about the latest threats, notaries can protect themselves, their clients, and the integrity of their services. As we continue to navigate these digital waters, remember that the security of your practice is paramount. And just as a note of practicality, akin to how often are Fedex drop boxes checked, your cybersecurity measures should be regularly reviewed and updated to ensure the highest level of protection.

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February 2, 2024

Common Notary Mistakes and How to Avoid Them

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

In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.

1. Failing to Identify Signatories Properly

One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.

2. Neglecting to Record Entries in the Notary Journal

A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.

3. Improper Use of Notary Seals

The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.

4. Overstepping Notarial Boundaries

Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.

5. Incomplete or Incorrect Notarization

Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.

6. Not Understanding State-Specific Laws

Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.

7. Ignoring the Signer’s Willingness and Awareness

A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.

How to Avoid These Mistakes

Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.

Ensuring Legal Integrity in Every Transaction

Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.

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January 19, 2024

Boost Your Notary Business With Social Media

Filed under: (6) Marketing,Social Media — Tags: — Tom Wilkins @ 12:00 am

In the digital age, notaries play a pivotal role in the seamless execution of documents for both homeowners and business owners. As a notary, staying ahead in this competitive field requires expertise in your craft and a strong online presence. This is where an effective social media calendar for notaries becomes essential.

Understanding the Power of Social Media for Notaries

Social media has transformed how businesses, including notary services, connect with their audience. It offers a platform to showcase your services, engage with clients, and build a trustworthy brand. As a homeowner or business owner, understanding the importance of a notary’s online presence can help you choose a service that is responsive, reliable, and in tune with modern digital practices.

Essential Tips for Notaries to Enhance Online Presence

  1. Consistent Branding: Your social media profiles should reflect your professionalism. Use consistent branding across all platforms to create a memorable and trustworthy image.
  2. Engaging Content: Share content that resonates with your audience. This can include informative articles, updates on notary laws, and answers to common questions.
  3. Interactive Platforms: Utilize platforms like Instagram and Facebook to engage with your audience through Q&A sessions, live videos, and timely updates.
  4. Customer Testimonials: Showcase your reliability and quality of service through customer testimonials and reviews.
  5. Educational Posts: Educate your audience about the importance of notarization and how it protects them from fraud.

The Role of a Social Media Calendar

A social media calendar for notaries is a strategic tool to plan and organize your online content. It ensures a consistent and timely presence, which is essential for building trust and recognition in your field. By scheduling posts in advance, you can maintain a regular online presence without it overwhelming your daily workload. This calendar should include:

  1. Regular Updates: Plan your posts to be regular but not overwhelming. Two to three posts a week can keep your audience engaged without flooding their feeds.
  2. Diverse Content: Mix educational posts, industry news, personal anecdotes, and client testimonials to keep your content dynamic and interesting.
  3. Strategic Timing: Post when your audience is most active. For notaries, business hours or early evenings might be the best times.
  4. Engagement Slots: Reserve time for interacting with comments and messages to build a community around your brand.

Boosting Your Notary Business With Social Media

An effective social media strategy is crucial for notaries to stay relevant and accessible. For more detailed strategies, consider exploring these social media tips for notaries. This resource offers comprehensive insights into leveraging social media for your notary business.

Streamline Your Notary Business Today

A well-crafted social media calendar for notaries can significantly boost your online presence and, in turn, your business. It allows you to connect with your audience, showcase your expertise, and stay ahead in the competitive notary market. Remember, the key to success in the digital era lies in the quality of your services and how effectively you communicate them to your potential clients. With these strategies in place, you can elevate your notary business to new heights, ensuring you are the go-to professional for homeowners and business owners.

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July 7, 2023

Tackling the Notary Path: How Hard Can it Be?

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

Are you thinking about becoming a notary and trying to figure out how difficult the process is or what difficulties you may face in this career? While the requirements may vary by state, becoming a notary can be fulfilling. In this blog post, we’ll know how hard it is to become a notary and the necessary steps to become certified as a notary public. Learn about the responsibilities of individuals in the business, successful notary duties, and any potential biases or stereotypes in the field. Start your journey to becoming a Notary Public by gaining the necessary knowledge for advancement.

Understanding the Notary Role

Before delving into the process of becoming a notary, it is important to understand the role they play. A notary is a public officer appointed by the state government to witness the signing of important documents and administer oaths. They act as impartial witnesses to prevent fraud and ensure the validity and enforceability of legal documents.

Meeting the Requirements

The specific requirements to become a notary can vary depending on the jurisdiction, but there are commonalities across many regions. The process typically involves:

1. Age and Residency: Most jurisdictions require notaries to be at least 18 years old and legal residents of the state where they wish to practice.

2. Education and Background Check: Some states may require the completion of educational courses related to notary laws and procedures. Additionally, a background check may be necessary to ensure the applicant has no criminal history that could compromise their integrity as a notary.

3. Application and Fees: Aspiring notaries must submit an application to the appropriate regulatory authority and pay the associated fees. The application typically includes personal information, educational background, and any additional documentation the state requires.

4. Notary Exam: Several states require applicants to pass a notary exam to demonstrate their understanding of notary laws and practices. The exam may cover document types, identification requirements, and notarization procedures.

5. Bond and Insurance: Many states require notaries to obtain a surety bond and/or errors and omissions insurance. These serve as financial protection in case of errors or misconduct during notarial acts.

6. Commissioning and Renewal: Successful applicants receive their notary commission once all requirements are met. The commission is usually valid for four years, after which notaries must renew their commitment to continue practicing.

Navigating Challenges on the Path

While becoming a notary is generally straightforward, certain challenges may arise. Here are a few potential hurdles and tips to tackle them:

1. Understanding Legal Terminology: Notaries should familiarize themselves with legal terminology and document types commonly encountered in their jurisdiction. Taking educational courses or seeking guidance from experienced notaries can help.

2. Staying Updated with Laws and Regulations: Notary laws and regulations are subject to change. Aspiring notaries must try to stay updated with any amendments or new legislation that may affect their practice. Joining professional associations and attending seminars or workshops can provide valuable insights and networking opportunities.

3. Building a Client Base: Starting a notary business requires building a client base and establishing a reputation for reliability and professionalism. Networking with attorneys, real estate agents, and other professionals frequently requiring notarial services can help generate referrals and opportunities.

Embrace The Challenges And Reap The Rewarding Benefits

It’s hard to truly know how hard it is to become a notary without taking the first step. Becoming a notary in your state requires time and money, so it pays to know all the facts before diving in. It is easy to feel overwhelmed at the thought of navigating the path to becoming a notary because the requirements are strict, and understanding the full scope of what is expected can seem daunting. But don’t let that deter you from taking on this rewarding profession. By investing in yourself and understanding the ins and outs of becoming a notary, you can join this amazing world of public service experts! So, if you’re interested in joining the legal services industry but need help knowing where to start – take action now! If you’re trying to find a Notary Signing Agent near you, you can locate providers in your area on our website.

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January 16, 2022

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

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

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

You know you’re a bad Notary when you…

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

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

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

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

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

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

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

You know you’re a good Notary when…

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

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

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

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

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

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January 1, 2022

Who is the authority at a Notary Loan Signing?

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

Originally published several years ago.

Notary Public Authority

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

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

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

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

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

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

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

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

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

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

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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August 14, 2021

Being a notary vs. waiting on table

Filed under: Humorous Posts — admin @ 8:00 am

When I have new notaries on board, I normally give them a welcome call. I asked one guy what his professional background was. He told me he was a Notary for a month. I told him that a month doesn’t constitute a professional background, but that a 20 year teaching background would. Then he said that he was a Real Estate intern for half a year. Finally, I asked him, “Are you young?” I forget that young people don’t have a professional background or necessarily know what one is. But, if they keep having a boring and dull life going into the office, they will attain one in 10 short years. But, what about being a waiter?

WAITER: Welcome to Mel’s Diner, can we interest you in a drink?

CUSTOMER: I’ll have the jackhammer.

WAITER: Can I see some ID?

CUSTOMER: I’ll sign the journal, but I won’t thumbprint.

WAITER: Hmmm. So, what’s your sign?

CUSTOMER: I’m a Leo.

WAITER: So, you were born, July 28th, 1997.

CUSTOMER: You are trying to trick me. I was born the 29th.

WAITER: I wasn’t trying to trick you. I have bad eyesight. And I don’t use a journal because my state doesn’t require waiters to use a journal.

NOTARY: You sound like a Notary in one of those states that doesn’t require journals. But, when you get busted by the FBI and the journal is your only evidence that you weren’t involved in a serious act of fraud, you could get put in jail or end up in court forever.

WAITER: Good point. What if someone orders an illegal drink with a fake ID, I don’t keep a record of it, and he gets in his car, runs someone over, and I get blamed. That “journal of official waitorial acts” could be my only defense.

CUSTOMER: I never thought of that. You know, you CAN thumbprint me. I even brought my NNA thumbprinter.

NOTARY: Are you a Notary too?

CUSTOMER: Not yet, but I’m going to become one, and I’m learning something right here about being a Notary. It can be a dangerous job if something goes wrong.

NOTARY: It’s like driving. It’s safe 99.9% of the time, and then something unusual happens and then only your seatbelt can help.

WAITER: Many people don’t like precautions unless they sound like Covid-19 precautions — then they like endless restrictions and precautions.

CUSTOMER: If I were running this joint I would say — you can have that jackhammer, BUT ONLY if you sign this journal. But, you can’t sign the journal unless you wash your hands three times and say hail Mary, and then walk around in a circle counter clockwise, use a sanitized pen, and then sign it wearing an N-95 facemask.

NOTARY: How about sound effects. If someone orders a jackhammer, shouldn’t that come with sound effects. Maybe get some sampling?

WAITER: How about this? “Chu chuh chuh chuh chuh…… HEY SULLY, we’re that pipe you brought ovuh? chuh chuh chuh chuh …. WHAT? I CAN”T HEAR YOU. I got my ear plugs on.”

CUSTOMER: Wow, that changed the whole customer experience in an even better way than those meaningless restrictions.

WAITER: Sully says he likes the part about the hail Mary as you go around three times.

NOTARY: Is Sully a real person?

WAITER: He’s real to me! So, let me guess. Would you like to try a virgin Notarita?

NOTARY: Sounds great, but the drink sounds underaged. I don’t want to get in trouble.

CUSTOMER: It’s okay, the drink has been aged 21 years. We just need to make sure that you are of proper age and sound of mind.

NOTARY: Here’s my ID. Wow, this is like life in reverse.

WAITER: So you could notarize that drink because it’s old enough.

NOTARY: It’s age is passing, but it doesn’t have an ID.

WAITER: But, it does have a signature — in fact it’s our signature drink.

NOTARY: In that case, that makes it okay. So, honestly, are all of your clients as interesting as us?

WAITER: Some are a lot more interesting. But, it’s hit and miss, especially the ones who forgot their ID.

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