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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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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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July 4, 2023

Mobile Notary: The Perks of Flexibility

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

In today’s fast-moving world, convenience and adaptability are key to success. This applies to multiple industries, including the notary business. The emergence of mobile notary services has created exciting opportunities for professionals in the field, enabling them to provide their services while on the go. Moreover, this shift offers numerous benefits for both notaries and clients. This article will discuss the benefits of becoming a mobile notary and how flexibility can vastly improve business practices.

Accessible Anytime, Anywhere

One of the primary benefits of becoming a mobile notary is the ability to provide services wherever and whenever needed. Unlike traditional notaries who operate from fixed locations, mobile notaries can travel to clients’ homes, offices, or any other designated meeting place. This accessibility ensures that individuals and businesses can notarize their documents without the hassle of travel or time constraints.

Enhanced Customer Convenience

The mobile notary profession revolves around providing top-notch customer service. By offering flexibility in location and availability, mobile notaries make it easier for clients to have their important documents notarized. This convenience becomes especially valuable for individuals with mobility limitations, busy professionals, or those living in remote areas. Mobile notaries eliminate the need for clients to adjust their schedules or commute to a notary office, providing a stress-free and efficient notarization experience.

Versatile Notarial Services

Mobile notaries offer a wide range of services beyond the traditional scope of notarization. These services may include administering oaths and affirmations, witnessing document signings, and facilitating loan signings. By expanding their repertoire, mobile notaries become versatile professionals capable of meeting diverse notarial needs. This versatility increases their marketability and ensures a steady stream of clients seeking their services.

Building Personal Connections

As a mobile notary, you can build personal connections with your clients. Meeting them in person establishes trust and rapport, which is crucial in any service-oriented business. Mobile notaries often work with repeat clients who appreciate the convenience and professionalism they offer. You can establish a strong reputation and generate positive word-of-mouth referrals through these personal connections, further expanding your client base.

Flexibility in Scheduling

Flexibility in scheduling is another significant benefit of becoming a mobile notary. You can set your working hours and take on as many or as few assignments as possible. This flexibility allows you to balance personal commitments, such as family or other part-time jobs, while maintaining a fulfilling mobile notary career. Whether you prefer working during weekdays, weekends, or evenings, the choice is entirely yours.

Independence and Autonomy:

As a mobile notary, you can be your boss. You can establish your own business, set your rates, and choose the clients you want to work with. This independence allows you to shape your career according to your preferences and goals. You can focus on specific industries or niche markets, positioning yourself as an expert in certain notarial services. The autonomy of being a mobile notary allows for a rewarding and fulfilling professional journey.

Unlocking Your Potential as a Mobile Notary

To wrap it up, the benefits of becoming a mobile notary are numerous, from flexibility and convenience to generating additional income. Not only is it a comparatively low-stress job, but you can also have the pleasure of helping other people with their more significant jobs.

As a mobile notary, the world can be your office! Whether you work from home or in the heart of it all, you’ll have access to clients no matter where you go. Whether for personal or professional matters, you’ll be able to provide an invaluable service to those who need it—and make money in the process! What’s more, you can find yourself in unique and lucrative opportunities—all with minimal overhead costs. So why wait? Get out there and start to market your notary business today!

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June 23, 2023

What Sets a Mobile Notary Apart from a Notary

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

When you need to have an important document notarized, you may wonder if you should go to a traditional notary public or use a mobile notary. While both types of notaries offer similar services, some key differences between the notary and mobile notaries may affect your decision. In this article, we will explore what sets a mobile notary apart from a notary and explain the benefits of using a mobile notary service.

Mobile Notary vs. Traditional Notary

A traditional notary public is a professional appointed by the state to verify signatures, administer oaths, and perform other duties related to the certification of documents. A traditional notary’s office is usually in a fixed location, such as a courthouse, bank, or law firm. Clients typically visit the notary’s place to complete their documents.

On the other hand, a mobile notary is a notary public who travels to the client’s location to notarize documents. They offer more flexibility regarding time and place, making it easier for clients to get their documents notarized when and where they need them.

The Distinction Between a Notary and a Mobile Notary

One of the most significant differences between a notary and a mobile notary is that a mobile notary can come to you. This means you don’t need to take time off work, travel to the notary’s location, or wait in long lines. Mobile notaries can visit your home, office, or any other convenient place.

Another difference is availability. Traditional notaries usually work regular business hours, which may not be convenient for people who work during the day. A mobile notary, however, can work outside of regular business hours and on weekends, making it easier for clients to get their documents notarized at a time that works for them.

Fees and Scheduling

Traditionally, notaries charge a flat fee per signature they notarize. On the other hand, mobile notaries usually charge an additional fee for travel time and expenses, which can vary depending on the distance traveled and the time of day. However, mobile notaries’ convenience and flexibility can outweigh this added expense.

Regarding scheduling, mobile notaries often offer more flexibility than traditional notaries. They can usually accommodate last-minute requests and work around your schedule, which can be especially helpful in urgent situations.

When to Use a Notary vs. When to Use a Mobile Notary

The choice between a traditional and mobile notary depends on your needs and circumstances. Suppose you have a document that needs to be notarized. Still, you have limited mobility or transportation options or need it done outside regular business hours. In that case, a mobile notary may be your best option. On the other hand, if you prefer to visit a fixed location and are willing to take time off work or wait in line, a traditional notary may work well for you.

Final Thoughts: Distinguishing Notary from Mobile Notary

Understanding the differences between a notary and a mobile notary is crucial when seeking reliable and convenient notarial services. While both are responsible for certifying documents, mobile notaries distinguish themselves by their ability to travel to clients’ preferred locations, offering flexibility and convenience. With the ever-increasing demand for efficient and accessible services, mobile notaries from Notaries/Signings are invaluable. Whether you require notarizations for personal or business matters, opting for a mobile notary ensures that your documents are handled with utmost care and convenience. Take advantage of the convenience and efficiency offered by mobile notaries and secure your notarial needs today.

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February 23, 2023

Businesses That Need Notaries

Filed under: (6) Marketing,Advertising — Tags: , — Tom Wilkins @ 5:38 pm

Are you wondering which types of organizations to target when spreading the word about your notary business? After all, there are plenty of businesses that need notaries on a regular basis, but others that might be less interested.

Essentially, any company that deals with legal transactions or documents of any kind will need notary services every now and then. Here are a few types of businesses most likely to require your services.

Real Estate Agencies

There are a great many legal documents involved in real estate transactions. This is true, especially if the buyer is taking out a mortgage. That’s good news for you as a notary—in most states, your services will be required by law.

In a real estate transaction, you’ll serve as an impartial witness. It will also be your responsibility to check and affirm the signatures of all the parties involved. The duties may vary from state to state, so ensure you know what’s expected of you in these cases.

Law Firms

It goes without saying that many legal documents require notarization. Paperwork granting power of attorney, trust documents, and wills are a few examples.

Many lawyers try to hire paralegals who are already commissioned notaries. That way, the employee can add notarization duties to their list of regular tasks. But if no one in-house can do it, the attorneys must commission notary services.

Banks, Mortgage Lenders, and Other Financial Institutions

As we pointed out, loan and mortgage documents require signature verification. The same goes for other financial agreements as well. That means financial institutions will need notary services on a regular basis.

It was common for banks to employ on-staff notaries to provide free services to their customers (sometimes even walk-ins). However, with the rise of online banking, this practice is rare. This works out well if there are a lot of banks in your area constantly seeking outside help when notarizing documents.

Healthcare Providers

You might not think of medical offices as businesses that need notaries. But the truth is, any business that deals with legal documents needs to have a notary on call.

In addition to power of attorney documents, certain medical consent forms must also be certified. Otherwise, it would be difficult to prove whether or not the patient consented to the transfer of power—or the medical procedure itself.

Government Agencies

Here’s a partial list of government documents that might require notarization:

  1. Immigration forms
  2. Oaths
  3. Affadavits

It’s always important to avoid the pitfalls of a forged signature notarized document, but you must be careful when dealing with government documents. Always ensure the person signing the document has the proper identification, and check all the dates and sections of the forms carefully before notarizing.

Employment Agencies

Some employers require drug tests and background checks before they make an official job offer. In these cases, the employment agency might enlist a notary to verify those documents to cover all their legal bases.

Small Businesses

Just because a company is small doesn’t mean it’s entirely self-sufficient. Many businesses that need notaries are very small, like mom-and-pops. Even the smallest businesses have contracts and other agreements that require notarizations occasionally. So get out there and spread the word about your notary business today!

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January 16, 2022

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

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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http://blog.123notary.com/?p=15853

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July 10, 2021

The Notary Chip

Filed under: General Stories — admin @ 3:13 am

This is not the type of chip you eat with salsa. It is a chip that you implant in your brain. It will automatically connect you with what we call, “Universal Notary Consciousness” and it is for your benefit, and for your safety. You will be required by law to have this chip implanted by a doctor, otherwise you would be too risky to have a Notary commission.

This chip will have several functions, all of which are critical to our industry.

1. It will track whether you really meant it when you swore to support and defend the constitution. If you meant it, that is a problem because the constitution defends liberty and was specifically crafted to fight tyranny. If you believe in the constitution or America, you are a potential trouble maker.

California Notary Oath of Office Verbiage
Do you solemnly swear that you will support the Constitution of the United States and the Constitution of this State, and that you will discharge the duties of the office of Notary Public in and for said County to the best of your ability? When are you required by law to do Oaths?

2. It will track if you are thinking for yourself, as it can read thoughts. If you are, it will shut your thoughts down.

3. If you need thinking help from UNC or Universal Notary Consciousness, it will help you. That way, if you are in a difficult notarization, that involves giving someone a vaccine, the consciousness will tell you how to handle differences in opinion and help you find the “correct” ideology to promote. The main thing is to assure the signer that the vaccine is good for them and will make them stronger and better. It will help them think in new ways, and make new friends. And it is for the benefit of society to keep others safe from them. And that they would be a risk to society if they didn’t take the vaccine.

You might be thinking, what does being a Notary have to do with vaccinating people? The masks, social distancing, shutdowns, endless rules, vaccines, and social control are all about the same thing — controlling you, demeaning you, and eventually reducing the world population.

But, it will be very hard for people to succeed in their agenda if even 1% of the population stands up for themselves. People are so passive these days. Boys are taught not to be toxic and given drugs if they are. This all leads to a population of sheep who never stand for anything and can be sterilized, put out of work, or murdered through covert means.

The sad news is that Notary chip is already in you. It is called lamestream media and it tells you how to think, and most of the words that come out of your month about meaningful issues are verbatum from fake news — or from Fox news which preaches the opposite. But, few of us have our own thoughts.

So, if you think this article is “scary”, the article is not what you should be afraid about. Go outside your house, looking around, and tell me what you see — tell me what you see is not scary. Not a single person is coughing, not a single person is sick, yet 90% of society thinks we are in a pandemic. Is that not brainwashing? The Notary chip is already in you. Wake up!

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May 1, 2021

Precautions as a notary are like wearing your seat belt

Filed under: Best Practices — admin @ 6:28 am

One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

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April 29, 2021

A Notary notarizes the My Pillow Guy

Filed under: General Stories — admin @ 6:08 am

NOTARY: Hello Mike, how is everything?

MIKE: It’s been rough. People are cancelling me left and right because of my political beliefs. It’s like living in a communist country.

NOTARY: Well, I’m not going to cancel you. May I see some ID?

MIKE: Here you go.

NOTARY: Let’s see, you want to be notarized as Michael J Lindell, but your ID says only Michael Lindell. Sorry… I’m canceling you based on your ID, but not your political views.

MIKE: It has the J there. Time to see an eye doctor.

NOTARY: I just don’t like the way people cut you off, and without any type of landing pad. There was no cushion to your landing. And all because of your PILLOW-tical views.

MIKE: It’s because the pillow guy is “in bed” with the enemy, at least from their point of view. On the other hand, maybe the cancellers got up on the wrong side of the bed.

NOTARY: For them, every side of the bed is the wrong side.

MIKE: I’ll sign to that!

NOTARY: Well maybe you should resolve your issues with the left by having a pillow fight. By the way. I just love how you get all excited over something so mundane as a pillow. You get as excited about pillows as I get just thinking about my future trip to Japan where I will do sake tasting, see amazing parts of Tokyo with the most unique shopping on the planet, and see Buddhist temples in Kyoto.

MIKE: You’re right. I guess I’m a bit eccentric. But, that Egyptian cotton is something else.

NOTARY: I bet Amazon probably cut you off. They have become a bunch of Piranhas in the last few years which is an interesting insight. I guess their business name has a lot of metaphysical impact on their character.

MIKE: Hmm. Very interesting. I never thought of that. So, what does my business name make me — a big softy?

NOTARY: Actually, you kind of act like that… I think you are correct in your assertation. (pause) Please sign here. (pause) According to Judaism, your name is very important. The most famous story in the Torah is when Rachel’s son Benoni’s name was changed to Benjamin. From: son of my sorrows to: son of my right hand. Rachel had to change the boy’s name otherwise he would attract a negative and sorrowful future. But, you are named after an angel, so I guess you are on the right track. And I think angels like pillows.

MIKE: I should order some new wings from Amazon assuming I’m not banned from there. I should get a warranty on angelic wings too if I get some. Angel wings, not teriyaki wings — just wanted to clarify that.

NOTARY: Can you sign the journal? Uh-huh…. Okay. I’m going to stamp the document. You are good to go. Your new pillow contract is good now — REST ASSURED.

MIKE: Another pillow reference.

NOTARY: Have you ever thought of making coffins too? Dead people like to be comfortable too — I’ve heard.

MIKE: I would like to create a coffin for dead people who vote by mail who need to get in and out of that coffin and go to the post office. There’s a big market for those folks, at least as of 2020.

NOTARY: Good point.How about a briefcase with a very soft exterior, or a Notary journal with a very soft cover?

MIKE: Not much of a market for that, but sounds like a great idea. Well thanks for the Affidavit, do I need to swear to anything?

NOTARY: Your notarization was an Acknowledgment and doesn’t include an Oath. But, I am so good with Oaths, I can give them in my sleep… I swear it!

MIKE: Uh…. another pillow reference. I saw that one coming. Okay, it was fun. Let’s hope that this cancel culture ends soon.

NOTARY: And if it doesn’t, you can suffocate it with one of your products.

MIKE: Another one. That one I didn’t see coming!

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April 16, 2021

Trick questions — you already gave them a choice

Filed under: Technical & Legal — admin @ 8:00 am

I have a trick question in one of my email quizzes. In the question, the affiant requests an Oath for a document about whether he likes Starbucks or not. It is a sort of a nonsense Oath, but goes over some critical knowledge about Oaths as silly as it sounds.

The answers have to do with the first words the Notary should say when administering the Oath. Some of the answers include:

1. You should ask if the signer wants an Oath or Affirmation
2. Do you swear or affirm that…

These particular answers (and there are about seven total answers to this question to see who really knows their stuff and who is guessing or fudging.) reveal a lot. The signer already request an Oath, so you have already fulfilled your obligation to let the signer choose what type of notarization they want. So you don’t have to ask again what type of Notary act they want. If you answered 1 or 2, you are being redundant and those answers are therefore not good answers. You should then say,

“Do you solemnly swear that you love Starbucks?”

They should raise their right hand and say, “yes” or “I do.”

The purpose of this question is to see who thinks straight and who does not. People who have illogical thinking are not the best people to hire. On the other hand, I recently learned that people who ignore emails are even riskier to hire because they are negligent by definition!

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