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April 14, 2018

Check to see if the signatures match

Filed under: Technical & Legal — admin @ 10:24 am

As a Notary, when you do an Acknowledgment, the signer does not need to sign in your presence (in most states). However, they need to appear before you and sign your journal. You must check to see if the signatures match the ID, journal and document. If they don’t, you have a big problem. Also, make sure the person looks like they do in their ID, and note down their ID information in your journal which of course you keep because you can get in trouble if you don’t keep one even in states that don’t require it.

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April 10, 2018

Document dates, signature dates, rescission dates and transaction dates

Filed under: Technical & Legal — Tags: , , , , — admin @ 11:21 pm

As a Notary, you will undoubtedly be confronted with a variety of dates that all need to be clearly defined in conversation so as not to confuse yourself or the other party. Let me sum these up.

Document Dates
The document date is NOT necessarily the date the document is notarized. It is merely an arbitrary date normally created by the document drafter that might reflect the date the document was drafted, supposed to be signed, supposed to be notarized, or some other arbitrary date. There is no rule for when a document date can be.

Signature Dates
The signature date of a document is the date it was signed. If you have two signers signing on different dates, you might have what 123notary calls “a double date.” There are multiple questions involved in a double date. One is how do you date the rescission document if the date you signed a document is more than one date. The other far more important question is — who pays?

Rescission Dates
The rescission date is based on a date that comes CALENDAR three days after the transaction (= signature date) not including Sundays or Federal holidays. If you have two signature dates, you might have two rescission dates, one per person. But, if there is only one rescission date, it probably is based on the last signature (complicated.)

Transaction Dates
This is more of a glossary type term or test term. The transaction date is the date when the transaction happened which is based on the date of the signature. I ask people what the synonym is for a signature date to see how much they read.

Medjool Dates
If you go to a signing for health conscious people or Saudi’s, after the signing, you might get yet another type of a date — a Medjool date. These dates are typically grown in the Middle East, but also in parts of Arizona near Yuma

Hot Dates Q&A
If you steal a document, would the date on the document be correctly defined as being a “hot date” since it was technically stolen?

Dates and Journal Entries
A good Notary does more than his/her state’s minimum requirements for journal entries. There is a field in your journal for the name and/or description of the document. A good journal also has an optional field for the document date. I suggest you pay attention and write in the document date as it helps to identify a particular document and distinguish it from a different document with the same name signed by the same person. Sometimes the document date is the only way to tell them apart.

Dates and Notary Appointments
I once went to a Notary appointment with a date. I left the date in the car and came out $30 richer. She complained that I left her in the car too long, which is good, because that date would expire at midnight.

Please also read our previous article on the same topic. Read more…

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April 5, 2018

The name on the ID vs. the Acknowledgment, Document, and Signature

Filed under: Technical & Legal — admin @ 11:08 pm

As a Notary, you will be confronted by a myriad of inconsistencies. Names on identifications don’t always match names on documents. We have discussed this multiple times in our John Smith examples where the name on the ID is shorter than the name on the document which in my examples is normally John W. Smith. However, I want to introduce the complexities of name variations in an organized way.

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RULE #1: The name on the ID must prove the name on the Acknowledgment
The name on the ID is not always identical or “matching” the name on the document. I do not like the term “matching” because it has multiple connotations and therefor is not clear. The name on the identification must PROVE the name on the Acknowledgment as a minimum.

Example
The name on the ID says John Smith.
The typed name on the document says John William Smith
The signature on document says John William Charles Smith
The name on the Acknowledgment cannot say more than John Smith otherwise you are notarizing someone whose name you cannot prove.

Whether or not your state approves you notarizing a signature that is longer or not matching the name on the identification is between you and your state. But, according to sensible practices, the main thing is what name you are Acknowledging the person as, because that is your job as a Notary. As a Notary, you have to prove the identity of the signer and certify that information in the form of a Notary certificate. What goes on the certificate must be true under the penalty of perjury in California and must be true in other states otherwise it could be considered fraudulent. In this example, you can prove the signer is John Smith, he over signed the document which the Lenders don’t usually mind, and you notarized him once again as John Smith — nothing more, nothing less.
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RULE #2: The typed name on the document ideally exactly matches the signature, but, if the Lender says it’s okay, an over signed version of the same name would suffice.

i.e. If the typed name says John William Smith, then the signature could be John William Charles Smith.
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RULE #3: The name on the Acknowledgment can be an exact match of the signature if provable by ID, or a partial match of the signature that is proven by the identification.

i.e. If the signature says John William Charles Smith, you can notarize the signature as that name if it that name variation is entirely provable based on the ID, or you can notarize him as John Smith as the ID proves that name.
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RULE #4: The typed name on the document is supposed to match the name on Title.

The recording agency has a particular name on title, and loan documents are supposed to match the name on title. Sometimes people change their name on title using Grant Deeds and Quit Claim Deeds and which form you use to change a name on title depends on what state you live and your individual situation, and I am not trained in these matters, (sorry.)
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Rule #5: Just because you are obeying sensible practices and the law doesn’t mean the Lender won’t get mad and fire you.

The Lender wants the name notarized based on how the name reads on the documents as a general rule. Usually times you can get away with notarizing a shorter version of the name for legal reasons. If you have a situation where you have a choice between breaking the law and pleasing the Lender, choose obeying the law. If you have a choice between pleasing the Lender and taking liberties identifying someone which is a wishy-washy point in the legal code in many states (look up your state’s requirements for proving someone’s name — many states only say that you have to check their ID, but not see if the names exactly match) then you have a judgement call.

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Summary of rules using fortune cookie English

1. Name on ACKNOWLEDGMENT must be proven by name on IDENTIFICATION

2. Name on ACKNOWLEDGMENT must be part or whole of name on SIGNATURE

3. Name on SIGNATURE can match exactly or be a longer variation of TYPED NAME on document.

4. TYPED NAME on document should MATCH name on TITLE

5. LENDERS want name on the Acknowledgment to match TYPED NAME on document, but this is not always legally possible.

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You might also like:

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

What’s your sign? A guide to spotting fake ID’s.
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Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

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October 1, 2016

How do I do a Signature by X notarization?

Filed under: Popular on Facebook (shares),Technical & Legal — Tags: , , , , , — admin @ 9:22 pm

How do I do a Signature by X?
How do I do a Signature by Mark?

Signature by X is a relatively simple proceedure normally used for elderly people who are too frail to sign their entire name and who can barely hold a pen. Signature by X requires the use of two subscribing witnesses. The function of a subscribing witness is first to witness the signature of the principle and second, to sign the person’s name next to their X.

Subscribing witness #1 must sign the person’s first name and middle initial (if any) to the left of the X in the Notary journal and on the document.

Subscribing witness #2 must sign the person’s surname to the right of the X on the document and in the Notary journal.

It is also prudent to indicate on the document who the subscribing witnesses are, and perhaps even their driver license information just in case they need to be identified after the signing for any legal reason.

Signature by X is also known as Signature by Mark (which would be a great name for a Notary business if your name was Mark.) If your name is Malcolm X, you also might find the signature by X might be the only way to get yourself notarized. Additionally, if you sign by the x with an X, there might be too many x’s. Just make sure there aren’t three x’s in a row otherwise that would be pornographic.

How much should a Notary charge for a Signature by Mark?
A Notary could charge for the signature of the principle and also might charge an extra fee for the witnesses, although you would have to query your state laws on charging for witnesses, especially if an Oath is involved. To learn more about Signature by Mark, you can get a Notary Law Manual for your state from the NNA or look up the Notary laws on your state notary division’s website!

Find a Notary on 123notary.com to do your Signature by X Notarization!

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Our string about credible witnesses
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September 20, 2016

Their Signature

Filed under: Ken Edelstein — Tags: , , , , , , — admin @ 11:27 am

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

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August 28, 2016

April 26, 2016

The Signature Name Affidavit

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (A little),Popular on Linked In — Tags: , , — admin @ 2:59 am

The Signature/Name Affidavit
It is most likely that you are not processing this simple form properly. First, the good news; of all the forms in various loan packages this one is probably one of the most uniform. There really is little variation in how this form is structured. I will get to where most “go wrong”; but first a bit about the purpose and structure of the SNA.

The package comes from many sources. There are bank docs, title docs, escrow docs and perhaps some from other sources. It’s a virtual certainty that the borrower name will have some slight variation on documents. Of course the key name is the one on the ID and that is the name that you will notarize; we all know that. But, how about the name variations present in the package? This form is used to state, under oath, that the affiant is “also” known as. It’s a one way form. It can only be used to add variations to the notarized name as proven. It cannot be used to “prove”, for notarization purposes a name that does not match the ID presented.

The first entry is the legal name, which I define as what is on the ID. Thus, if the middle name is on that line it must be on the ID. If, for example the middle name is NOT on the ID, it should be redacted from the top line (proven name only) and that name “demoted” to an “also known as” line in the second area. Yes, the 3 part name is their legal name, BUT – as it was not proven to me I cannot notarize it. If the ID has only the middle initial, that is the “first line” entry. They can “acquire” the middle name in full as an “also known as” in a subsequent entry.

All subsequent entries (AKAs) should include variations, including but not limited to maiden names. The most common variations are the inclusion and omission of middle initials. One approach to completing the form is to keep it on the table while processing other documents. Add to the AKA section each name variation as noticed. Ask the borrower to print and sign the AKA in parallel to processing the bulk of the package. The printed name on the left will have the variation; usually the “matching” signature on the right will be the same for each entry.

The SNA can be used in court, along with a handwriting expert; to determine a signature is authentic on a document. As the signatures were witnessed by a notary, they can be accepted as valid when comparing to a different document. For this reason it’s a good practice to N/A any unused AKA lines; so subsequent names / signatures cannot be added; do you do that?

At the start of this entry I said you probably are not processing this properly, now to prove that statement. After the AKAs there is usually a statement “and that (usually filled in with the preprinted AKA(s)) are one and the same person”. However, you probably added one or more names to the AKA entries, and had the borrower sign on the right. What you might be overlooking is the need to ALSO put the added AKAs to the statement at the bottom! Take a look at an AKA form; there is a reason that they left plenty of room. That section is often overlooked!

It’s a signing, not a closing for most of us. We are there to collect signatures and initials. It’s rare for ALL the docs to have precisely the same name; rarer still for that name to be exactly what is on the presented ID. Proper completion of the SNA is mandatory, and avoiding a redraw will mark you as both a hero and a skilled professional. But don’t go overboard; adding your own SNA is probably not a good idea. If you need one and it was not supplied, call for “what to do”!

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The Signature Affidavit – what it is and its purpose!
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What defines what a signature is?
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Index of information about documents
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August 18, 2015

Notary – Your Signature – Needs Work

Filed under: Ken Edelstein — Tags: , , — admin @ 10:34 am

No, I’m not referring to that strange squiggle you have on file with your notary commission. I’m talking about your “other” signature. It’s the one that your email program adds at the end of virtually every email that you send. Jeremy hoots and hollers about having a good “notes section” in your profile on 123notary.com. Well, I’m willing to bet that at least a hundred times more people see your “email signature” than see your notes section. So, why is your email signature, either non-existent, or, to put it bluntly: junky?

The automatically generated “signature” is a great source of advertising. In addition to complete contact information, you should have a graphic; and a bit about the services you provide. This is totally free advertising, and it makes it much easier for people to call you. They don’t have to hunt thru several of your emails to find contact information – it’s in each and every one you send.

And, they can do much more than call. Your signature should have a link to your web site! A real “click here” (without those tacky words, of course). Mine informs recipients that I am available for: Mobile Notary Public, Apostille Processing, Embassy/Consulate Legalization & Fingerprinting. It’s the simplest thing to use, once set up. Just click “reply” to an incoming email and your signature is generated at the bottom – there’s nothing to it. MS Word allows for at least two different ones; one for a new outgoing email, one for a reply. Depending on your email program, the signature can contain various fonts, text, pictures, logos, and links. A goldmine!

Your email signature probably “needs work” and it will be a bit of work for you to configure the signature if you never accessed that part of your email program. Read the related help section, there are probably examples and/or step by step instructions. It’s also possible to get “fancy” and have a variety of signature files and select the appropriate one for each specific email. One processing tip, for users of MS Word: I found it easier to use the full “word facilities” to create the signature, then to just copy and paste it into the signature entry facility.

While most people will just click “reply” to your email, it’s a good idea to specifically put your email address in your signature. That helps people to edit copy, edit paste your email address when forwarding email if they did not add you to their address book. A further step is to include Filename extension .vcf, .vcard. Internet media type, text/vcard … vCard is a file format standard for electronic business cards. The .vcf allows instant addition of your information to the recipient address book. You can personalize the entry with your picture, logo or a graphic.

You only get one chance to make a first impression. That’s true in person, telephone or via email. When you include an informative email signature you literally “display” both enhanced technical ability and your desire to be easy to contact. If you also take the second and more complex step, the .vef; you stand a good chance of being added (permanently?) to your client’s address book.

It’s also common to include, as the last line of the signature, a thought provoking quote; with proper credit to the author. It should represent your beliefs and philosophy, select your quote wisely. I chose a classic by Joseph Joubert: He who has imagination without learning, has wings and no feet.

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March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

Filed under: (2) Technical and Legal,Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , , — admin @ 12:01 am

Our friend Marcy had screwed up a few signings by now. But, she wouldn’t give up. She was determined. She was unfortunately determined to go out there because her friends told her to have confidence and go out there. What she really needed to do is more studying before she screwed up anyone else’s loan. Maybe after this screw up she’ll hit the books before she accumulates some more bad karma.

ROCHESTER: Hi, you must be Marcy, the Notary.

MARCY: Sure, yes, just call me Marcy. Oh, that’s what you called me. Yes, I usually go by Marcy.

ROCHESTER: So, can I offer you a glass of orange juice before the signing?

MARCY: Yes, that would be wonderful. But, we’ll put it on a separate table or chair. I don’t want to tell you what happened at Starbucks a few days ago.

ROCHESTER: Oh, I love Starbucks. How could anything go wrong there?

MARCY: Oh boy. Let’s not talk about it. Let’s just make sure nothing goes wrong here.

ROCHESTER: Nothing can go wrong. I went over all the numbers with my Lender this morning. Just relax.

MARCY: Okay, no surprises then. Here are the documents. Let’s sign away.

ROCHESTER: Okay, hmmm. Uh-oh. My name.

MARCY: Your name? Your name is Rochester Smith.

ROCHESTER: That’s the whole thing. The docs have my name as Rochester T Smith. I never sign that way.

MARCY: No problem, I have the Lender’s phone number on speed dial, and your ID has your name as… uh-oh!!! (ring-ring) hmmm, he doesn’t seem to be picking up. Typical Lender. Always there to sell you a loan, but never there when you’re at the signing and something goes wrong. I think we need a 3-way appointment next time to make sure they are available. I’ll just leave a message.

ROCHESTER: Well, I can’t sign like this. I never sign with my middle initial.

MARCY: I can’t notarize you with the middle initial anyway since it is not on your ID.

ROCHESTER: Well, we’ll have to end the signing then. I’m so sorry Marcy.

MARCY: Oh, it’s okay.

Little did Marcy know that she could use the Signature Affidavit and AKA statement to write in all of Rochester’s name variations including the one without the middle initial. They could sign the docs as one of the variations such as printed on his ID, and the loan would go through unless the Lender objected. Lender’s often plan on selling the loan, so they don’t want too many (or any) discrepencies. Since Rochester wouldn’t be able to get another ID, the Lender wouldn’t have too much choice in the matter other than to forfeit the loan after his many hours of involvement. Once again, Marcy ruined another loan because she didn’t do her homework. Sounds like some of the notaries on 123notary who didn’t want to take additional certification courses and tests because they didn’t “need” to. Oh well. Perhaps it is really the Lender’s fault for choosing an untested Notary.

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Point (10) The Signature Affidavit and AKA Statement

Signature Affidavit
There are many variations to this one. Here are some other names: Name Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, etc. These documents are often sworn oaths; if so, make sure to have the borrower(s) raise their right hand and swear to the correctness of the document or whatever the document asks them to swear to. This document is the one where people have to, or are allowed to, list all of their names including previous names from a long time back.

Generally, the name that the borrower is using in all of the documents appears on the top of the page; they have to sign to the right of that. Then, if they have name variations, those will be listed below. The printed name variations are usually on the left while the borrowers should sign to the right. The spelling of the names on the forms are not always correct. The names are obtained from credit reports that, at times, have the names misspelled. Keep your eyes open. Be sure that the borrower signs the variations exactly as they are spelled. Watch them like a hawk. Borrowers always screw this document up. If the names are not their real names, explain to them that the information came from credit reports. The data entry clerks who work at the credit bureau don’t always have good spelling skills. However on this particular document, the borrower has to sign exactly the way the misspelled name is anyway.

Notarizing the Signature Affidavit
This document is almost always notarized. Be careful doing your acknowledgment wording. If the person has one or more name variations, then the wording should be as follows (this is the California wording, it may not apply in other states, and I’ll skip the beginning wording):

The person(s) [cross out the ‘s’] whose name(s) [don’t cross this ‘s’ out although it is a habit] is/are [cross out the ‘is’] subscribed to the within instrument and acknowledged to me that ——— by his/her/their signature(s) [keep the ‘s’] ——-

It is difficult to remember how to fill out the wording for a single person with multiple names. Please refer to the Signature Affidavit in the sample document section to see how the wording is done.

The most important fact about the Signature Affidavit: If a borrower insists on signing in a way that is different from the name printed on the documents, the loan will often (not always, but often) still go through if that name they are using during the signing shows up in the Signature Affidavit. As always, ask the Lender before you use any name variation that is different from what is printed on the signature area of the documents. But, if the Lender doesn’t answer their phone — and they often don’t, then you are forced to use the skills you learned by learning the ropes! Just be sure not to hang yourself with one.

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30 Point Course (11) Following Directions
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The Signature Affidavit
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The Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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January 20, 2015

The Signature Name Affidavit

Filed under: Affidavits,Ken Edelstein — Tags: , , , — admin @ 11:29 am

The Signature Name Affidavit
An extension of the simple signature affidavit (this is my signature), is the signature / name / AKA affidavit. Here it becomes a little bit more complex for both the notary, and the affiant. Understanding what are probably the two most frequent uses for the form helps to jog my memory as to their importance, and how they should be processed.

Both the single name format and the multiple name formats generally use Jurat wording. As, when you think about it; an acknowledgement kinda violates the basic purpose. It would be useless. That routine notary statement “Subscribed and sworn (affirmed) before me…..” is the key. This document contains, under oath, a notary witnessed (after checking ID) signature sample. Experts can compare the “known to be authentic” sample against the signatures on the questionable documents. Both formats, if ever used, will probably see a courtroom. Always use your embosser on these.

The multiple name section has the affiant making an additional statement “I am also known as”. Generally this provides a means of processing slight variations in signatures. For example, they may miss a middle initial on one of their signatures. But only if it’s completed correctly. I am looking at a signature name affidavit that has first middle and last at the top. In the “also known” there is one entry preprinted, that one uses the first and last name. But, what if they sign first, init, last? That very likely situation is not covered by preprinting. However, there are a few blank lines for the astute notary to use. Printing (generally on the left), first, init, last; and having them sign on the right using those name components. Now if they sign first init last; on **ANY** document, that document (per their own sworn statement) has their legal signature. This catch might make the closing go smoothly. And, let us not forget; eliminate the need for a free correction trip!

Now for the hard part. The above paragraph was just a warm-up; prepare for some grief. There are AKA entries that raise the eyebrows of the affiant. Very few of them will object to adding or subtracting variations possible of the middle name; they will sign off on that. However, when there are one or more entries that are vastly different from the legal name there is a problem. The root of the problem will never become known to you. They want “confirmation” of the extreme variation to deal with a situation that might have started as a clerical error. This blog entry makes no attempt to deal with the issue of fraud issues related to AKA entries.

I have had affiants, often in their attorney’s office; hand add the term “have never been known as” to a line item, adding proper initialing. They then proceed to sign the rejected name. It’s their sworn statement, and their lawyer wisely wants their statement completely truthful. It is possible that the processor of the signature name affidavit just glances to see that “the boxes are full”. I don’t know the odds, but the few modified ones I notarized did not bounce back. How could they? The affiant modified the form to reflect the truth, sworn under oath.

You can’t suggest the “never been known”, unless you are an attorney. So, lacking a parachute; the affiant will sometimes refuse to sign. If possible call “upstream”, and let them work it out. When nobody was reachable, I accepted them signing only at the top. It’s a fine line between making something available to sign; and exerting influence to sway their sign, no sign decision.

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You might also like:

The Signature Name Affidavit (2016 version)
http://blog.123notary.com/?p=16298

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

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