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May 1, 2013

We should be setting the fees, not the other way around!

Filed under: Carmen Towles,Popular Overall — Tags: , — admin @ 9:00 am

I was reading on linked-in a thread that was started about a notary wanting to increase her signing agent fees based on gas prices. It was nothing outrageous just a simple $10.00 increase due to the rising fuel costs. This is not unreasonable, or is it?

Unfortunately today, in addition to fuel it seems everything that we use in our profession is rising, from paper, ink, etc., but the signing fees from many signing services are getting lower and lower. And I couldn’t help wonder how this increase or any increase for that matter is going to play out for those of you that choose to raise prices out of shear necessity. I remember back in our heyday when loan signing requests were at there all time high that I personally went to two of my major signing companies and requested ever so humbly that I needed a small fee increase. The response was that although they loved me and my work it was impossible for them to do this. My response was (in a nice but firm tone) that I felt that this was not an unreasonable request and I believed that they could very well increase the travel portion of my notary fee but just did not want to due to to the fact they didn’t want to share the fees any more than they have to. And although I didn’t say it I was thinking that it is was nothing but GREED that was the deciding factor and motivation for them to deny my request. It was at that time I stopped working for signing services at all. And I have never looked back.

So, now unbelievably so, it is 2012 and nothing has changed. From what all of you tell me (and from what I see with my own eyes) things are worse than ever in the fee department. Not to mention they have tacked on more duties that are now required of us, more pages to print, etc. For me it is just so outrageous that we are still allowing these companies to dictate what they will pay us. In my opinion, it should be the other way around. I don’t go in to my doctors office and tell him what I am going to pay for his services. He would definitely think I was nuts and most likely kick my you know what right out of his office. But what is even clearer is that I CAN’T go into anybody’s office requesting services and tell them what I am going to pay them. This is ludicrous. The signing services should take a percentage (lets say 30%) and that it is. After all we DO the bulk of the work. But sadly when working for most signing services we make the least amount of money. How did this come to be and how did it become acceptable to all of us?? When did it become okay for them to set our fees for us? Hell, did anybody ask you if this was ok?… I am positive nobody asked me!

I mean I have never heard of any industry that if independent allows OTHERS to dictate the fee for someones else service. If I have several notaries when calling around marketing or when they get a call requesting service, asking “How much do you pay?? Are you serious? This is UNACCEPTABLE to me! Why are WE asking how much THEY pay!?! We should be getting the details of what will be required and then offering up a price that is inline with the service that we are going to provide. Certainly not the other way around! This needs to stop! And it can stop with each of us doing our part. Stop asking and start telling!

Now, occasionally I read the boards and there will be a thread about price fixing… this is NOT what I am talking about. I mean are the appraisers, plumbers, doctors, private attorneys, etc price fixing when they keep their prices within a ball park of each other?? Certainly, not. It is about getting what you are worth! PERIOD. Until we start sticking together soon and I mean very soon; you WILL be working for free! (we damn near are now) And now, before anybody says it, I realize that they are more often than not the liaison between us and the title/escrow companies but if we all stick together and refuse these low ball fees, our fees WILL come up. And on a side note, if you ask me, it seems that the signing companies are the ones that are guilty of price fixing!!

I’d love to hear some of your feedback on this issue!

Until next time! Be Safe!

You might also like:

Notary Marketing 102 – negotiating fees
http://blog.123notary.com/?p=19784

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

Why are the fees offered to us so low you ask?
http://blog.123notary.com/?p=22293

What are mobile notary fees?
http://blog.123notary.com/?p=21383

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July 17, 2012

Fees at the door MISUNDERSTOOD on Facebook

Fees at the door MISUNDERSTOOD on facebook 

Tisk tisk: notaries on Facebook.  You mostly misunderstood my discussion question about getting fees at the door for signings to prevent beneficial interest. this discussion took place in Jan 2012. I was NOT talking about loan signings.  At Loan signings they pay you three or four months AFTER the signing if you are lucky, not in cash at the signing. It is very obvious that I was talking about doing a traveling notary job for an individual person.  The problem is that most of you depend solely on loan signings for your living when there are many jobs for individuals which you either don’t know how to handle or reject because you are not familiar with it.
 

A typical botched jail notary job
Let’s say you drive 45 minutes to a jail to meet the girlfriend of a criminal.  You meet her in the parking lot or in the front door of the jail.  Let’s say you don’t collect your travel fee of $50 at the door.  Let’s say that hypothetically you walk to the guard, fill out the forms, but lo and behold, the prisoner has been moved to another jail 90 miles away.  Then you say, may I have my travel fee please.  The girlfriend says, “BUT YOU DIDN’T DO ANYTHING”.  And then you say, “Sure I did, I drove 45 minutes, talked to you on the phone, walked in here, and now I have to drive 45 minutes back home, and also go to the gas station which takes more time and money.  Pay up!!!  You will get stiffed, because they will feel that they do not owe you if you didn’t quote unquote DO ANYTHING. 
 

Yet another hospital notary job
Let’s say you drive an hour to a hospital at 3am to accommodate some desperate people.  You don’t get your travel fee at the door in cash like I recommend.  You go upstairs with the signer’s son in law only to find that the signer is on morphene, fast asleep, and in no position to sign anything or even sit up.  You ask for your travel fee for your 2 hour round trip, and the son in law says, “Sorry, but I’ll pay you when you come back next time, I didn’t realize that the nurse drugged Shelly’s dad”.  You just got stiffed again.
 
This isn’t rocket science. If you work with the public, they will leave you high and dry if you don’t protect yourself.
 
3rd example… beneficial interest
Lets say you go to a notary job.  You do NOT collect travel fees up front. Let’s say that the signer’s name on their ID doesn’t match the name on the document enough for you to legally or ethically notarize them.  They say, “Oh come on — you are being unreasonable”.  They say they won’t pay you a penny unless you notarize the signer. They have you by the balls because you didn’t think ahead.  If you have the travel fee up front, then you are in control and will not be persuaded under duress to break the law so you can get your lousy fee!
 
Last example:  The law office.
You are called into a law office 10 minutes away. You are instructed to show up at 1pm for a signing. Your trip fee is $30 and your waiting time fee is $20 per half hour with the first ten minutes complementary.  Let’s say that you never collected your $30.  The attorney says they won’t be ready for another 10 minutes.  But, 10 becomes 20, and 20 becomes an hour, and then finally after 90 minutes, you finally do the signing, and then they pay you, but they won’t pay for the waiting time.  If you had gotten your $30 at the door, you could threaten to leave if they don’t pay the wait time up front for each 30 minute increment.  If you don’t have the trip fee, you have no leverage. This has happened half a dozen times to me in my notary career!

.

You might also like:

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

What are mobile notary fees?
http://blog.123notary.com/?p=21383

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January 24, 2011

A Notary from Florida travels to India

Filed under: Best Humorous Posts,Humorous Posts — Tags: , , — admin @ 10:53 am

A customer went to a Notary in Florida.

CUSTOMER: I need to be notarized. Can you notarize me?

FLORIDA NOTARY: Sure I can. I just need a document.

CUSTOMER: Here is the document.

FLORIDA NOTARY: You already signed it. I cannot notarize it.

CUSTOMER: That’s not what the law says. Notaries are required to know their state laws. And anyway, you can verify the signature when I sign your journal.

FLORIDA NOTARY: But my state doesn’t require me to keep a journal.

CUSTOMER: What if I give you a fake ID, steal a million dollars from Fred’s house, and then disappear. You are the one who will be the suspect in court because you have no evidence to defend yourself. You became a Notary to make a few extra bucks and now look what happened.

FLORIDA NOTARY: I don’t think I feel comfortable notarizing you.

CUSTOMER: I don’t think I feel comfortable being notarized BY you.

(one month later)

Mr. FIBBS: My house was compromised and I’m out a million dollars. You were the Notary who notarized the transaction. The FBI is investigating and we need to see your journal.

FLORIDA NOTARY: Oh, I don’t keep a journal because my state doesn’t require me to.

FBI: Mr. Florida Notary, please come with us. You are under arrest for identity fraud conspiracy.

FLORIDA NOTARY: But, I’m not in cahutz with anyone. I just notarized a document.

FBI: Yes, but without the journal and a journal thumbprint, you are covering up incriminating evidence which makes you look very suspicious which is why you are under arrest.

Mr. FIBBS: My life is ruined and all because of that damn Notary and the damn Florida Notary Division which doesn’t require the one thing that would have saved my finances — namely a journal with paw prints. Boo hoo hoo. I’ll be in a mess for at least a year and could end up homeless too.

(two days later after paying bail.)

FLORIDA NOTARY: Oh no, my son needs a new kidney and the only place I can get one is in India. I’ll book our flights today and hope I get back in time for my court appearance as a suspect in an identity fraud ring.

RAHUL: Yes, Ms. Frieda Florida Notary Public. We can have your kidney which you have been on a list for two years come in on Friday. It will be no problem. You will need to show up at that Rajeev Gandhi National Hospital in Bangalore on the 3rd. Will that be okay?

FLORIDA NOTARY: Yes, that will be fine.

TAXI DRIVER: Where are you going?

FLORIDA NOTARY: We are going to the Rajeev Gandhi Hospital in JP Nagar in Bangalore.

TAXI DRIVER: That will be 80 rupees. Meter broken.

(ten minutes later there was a terrible crash.)

FLORIDA NOTARY: Oh no, we’ve been in a deadly car crash since we were dodging that elephant to the right and that ox to the left. My son is dead. And this cab has no seatbelts. You Mr. Taxi Driver are responsible for my son’s death because there are no seatbelts in this vehicle.

TAXI DRIVER: Oh no, you see in India, we are not LEGALLY REQUIRED to have seatbelts. So, you see it is not my fault. Accidents happen, what can you do?

FLORIDA NOTARY: Now my life is ruined because of that damned taxi driver and the damned Indian government for not requiring thumbprints.

(coincidentally, the driver carrying the kidney was in the car that crashed into Florida Notary and was also killed because he too was not wearing a seatbelt, and the kidney went flying out the window and ended up on the back of an elephant.)

TAXI DRIVER: Yes, Mr. pharmacist, I need some holistic remedy to a bug infestation in my house. What do you recommend?

PHARMACIST: There is tea tree oil. It is not expensive and microscopic insects are often killed from it.

(the taxi driver uses the tea tree oil and has a horrible reaction to it that ends him up in the hospital for two days.)

TAXI DRIVER: Hey, that oil you sold me is toxic to humans and you did not warn me.

PHARMACIST: The government of India, and coincidentally America does not regulate this type of products. You buy at your own risk.

(meanwhile Mr. Fibbs and his wife move to India since they lost almost all of their money in the identity theft and get exactly the same taxi driver that the Florida Notary did.)

Mr. FIBBS: Taxi! We are going to the Himalayas to live. We lost almost all our money because of this damn Notary. Can you believe it?”

TAXI DRIVER: Was she about 5’10”, dark hair and really annoying, with a thick Florida accent?

Mr. FIBBS: Yes, that was her. Why. Do you know her?

TAXI DRIVER: Never seen her in my life. No just kidding. She was in our car when a bus came out of nowhere and I had to swerve to the left and there was a terrible accident. This type of thing happens a lot in India. Maybe I’m telling you too much.

Mr. FIBBS: Well that woman deserves to die.

TAXI DRIVER: Funny that you mention that. And by the way, what do you do for a living?

Mr. FIBBS: I give investment advice.

TAXI DRIVER: Oh, I know somebody who needs advice at the pharmacy.

PHARMACIST: Yes, Mr. Fibbs. I am wanting to know, which US stocks are you liking?

Mr. FIBBS: You could pick a good index fund, but my favorite is Cola Cola stock. They have a good business model and solid management. I would put most of my money in that stock if I only bought one stock.

PHARMACIST: You saved my life.

(two weeks later coca-cola stock crashes, Mr. Fibbs and his wife decide it is better to be paupers in America then live in India under any circumstances and our characters all meet again.)

PHARMACIST: Mr. Fibbs. You are back. But, I have lost all my money. Coca-Cola stock crashed. You have given me very bad advice. Very very bad advice. You are a very very bad man.

Mr. FIBBS: First of all, Coca-Cola is a very solid company. But, you can’t buy a stock and sell it on a whim under unfavorable circumstances or you could lose your money with any stock. And second, I am NOT LEGALLY REQUIRED to back my investment advice. It is just an opinion and not an intrinsic truth. I am not a psychic.

PSYCHIC: Did someone call? I can tell you your future. You will be broke and die in misery. 50 rupees please. I need a new turban. This one makes me look fat.

ALL WATCHING: Get lost!!!!

PHARMACIST: You ruined my life. You damned investment advisor and your damn American laws not requiring that you take responsibility for what you tell people.

TAXI DRIVER: Well you almost ended my life with that tea tree oil without a warning.

FLORIDA NOTARY: (who came out of nowhere) well you ended my son’s life because you didn’t bother having seatbelts. It wouldn’t kill you to invest a thousand rupees to save someone’s life.

Mr. FIBBS: Well you ruined my finances by not having a journal. It costs $15 to have a journal and another $16 to get a thumbprinter from the NNA. I know this because I was so upset with you that I decided to become a Notary. But instead of being a shoddy Notary, I decided to become the most thorough Notary in the world besides Jeremy at 123notary.com who by the way is an ex-Notary, but a very thorough ex-Notary.

TAXI DRIVER: I guess we all ruined each others lives. Perhaps it is our karma that we should meet under such unfortunate circumstances.

GURU: I have been observing this entire conversation and situation for the last month and it is in deed very karmically perplexing, complex and yet still deeply interesting. I have only one more thing to say.

TAXI DRIVER: What’s that?

GURU: Tag — you’re it!!!!!

.

You might also like:

I was forced to forge my own signature in India
http://blog.123notary.com/?p=19306

Indian Notaries having an arranged marriage
http://blog.123notary.com/?p=19222

Notary Indian tandoori restaurant
http://blog.123notary.com/?p=16497

30 minute Islamic prayer break at a signing & other stories
http://blog.123notary.com/?p=16185

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January 6, 2022

A tale of four notaries in hospitals

This was originally published many years ago.

 A tale of four notaries and their adventures at hospitals.
 
Hospital notarizations are very tricky and there is a lot that can go wrong. We have several resource pages regarding hospital notarizations to steer notaries away from pitfalls.  The characters in this story are NOT based on real characters, but each one of them has either a single attitude or attribute that is similar to a real person that I am acquainted with.  This silly story will show how each notary fared and how their way of thinking worked in the long run.  The various notaries include an Arkansas notary, an Illinois notary, a Florida notary, and a Pennsylvania notary public.
 
(1) Jeremy Blunt, a notary in Arkansas was called to do a hospital notarization in Little Rock on the following day.  Jeremy, with his blunt, but thorough manner told them, “Make sure to tell the nurses not to drug the patient within eight hours of the signing.”.  The caregiver, who was happy to have a thorough notary, overlooked Jeremy’s blunt manner and was very willing to coordinate a temporary lapse in morphine, so that the signer (an elderly relative) would be able to sign the papers.  Jeremy called an hour before the signing to have the caregiver read the ID information to him, and had the caregiver verify that the signer had not been drugged recently, was awake and able to conversate, and wouldn’t be drugged until after the notarization, and that the nurses had been informed.  The caregiver was standing next to the bedridden signer to MAKE SURE that no intravenus drugs were given.
 
Jeremy arrives at the signing with his notary bag, records the ID in his journal, gets a signature in his journal and the document(s), fills out the certificate form(s), stamps them, affixes his official Arkansas notary seal, staples the documents together, and is done.  Jeremy gets his fee, thanks everyone in a very blunt way, and leaves.  The signers say, “That Jeremy gets the job done — he’s a bit blunt, but polite, and he saved our rear ends big time!!!  That OTHER notary let us down.  Thank god for good notaries!”
 
(2) Linda Liberty, a notary in Illinois was called to do a hospital notarization in Chicago the following day.  Since she had a strict policy of not butting into anyone’s medical business, not asking questions, and minding her own business, she omitted to ask the caregiver if the signer was on medication.  After, all thats NONE OF MY BUSINESS!  The next day, she gets to the hospital, the caregiver says, “Thank you for coming”.  Linda politely says, “Its my pleasure to serve the public wholeheartedly”.  Linda goes to the hospital room where the patient / signer is.  The patient is high on morphine and in a stupor, barely able to keep his eyes open. Linda says, “Sorry, but according to Illinois notary laws, I am not authorized to notarize someone who is not capable of thinking or communicating coherently.  I can not notarize this person in this condition, ID or no ID.  The caregiver (the daughter of the signer) said, gee, thats too bad.  Linda says, my travel fee is $60 for hospitals please.  The daughter says, “BUT, YOU DIDN”T DO ANYTHING”.  Linda Liberty says, “Excuse me, but I drove an hour and a half here in traffic, paid a toll for the bridge, sat here talking to you for twenty minutes, paid $15 for gas, and have an hour drive home. I did quite a bit and I want to get paid!!!”  The daughter said, sorry, but we can not pay you.  We are very sorry.
 
(3) Ralph Machiavelli, a notary in Florida (no relation to Niccolo… at least not by blood), got a call to do a signing of a power of attorney in a hospital in Tampa.  The power of attorney would be for the signer’s son in law to take over all of his banking and real estate transactions. Ralph had lots of experience and thought ahead.  This Florida notary public had had his fingers burned a few times and knew the techniques for keeping out of trouble and getting paid.  Ralph told the client that he collects a $75 travel fee at the door BEFORE he sees the signer.  He, then charges $10 per for stamp for an acknowledged signature which is the maximum allowed fee in Florida.  The son in law of the signer agreed, and they set the appointment for the next day at 10am.
 
Ralph gets to the appointment.  Collects his travel fee in CASH, and says, “Thank you very much”.  Lets see the signer now.  The two of them proceed to walk down the long corridor, around some bends, up an elevator, down another corridor, past a nurse station, to the left, to the right, and then into a room.  They found the signer was drugged, sleeping, and in no condition to sign or even talk.  The son in law tried to wake the signer up.  The signer eventually woke up after twenty minutes of blinking and saying, “mmmmmmm?”.   Ralph said, can you ask dad to sign this form?  The son in law said, I’ll try.  After twenty additional minutes of wasting time (a result of the medication), the son in law said, its no use, they drugged him this morning.  Maybe I have my $75 back?  Ralph says, “I’m sorry, but in addition to traveling, I spent forty minutes here waiting for your signer to sign something.  This was a complete waste of time.  Next time please make sure your dad is ready to sign at the appointed time. That means…. NO DRUGS”.  Ralph returns home with his money.  He pleasures himself with a nice baby back rib dinner, and then returns home.
 
(4) Sharisse Washington, Pennsylvania Notary Public at large, doesn’t stand for this type of nonsense or bluntness that happened in the above three stories.  She has thirty years of experience, and carries a handheld database of how to handle each situation with all its variations and pitfalls.  Sharisse minds her p’s and q’s, dots her i’s and crosses her t’s.  She informs everybody in a polite way, and doesn’t put herself in a position that anything will go wrong either.   This notary in Pennsylvania gets a call to go to a Philadelphia hospital to do a notarization the next day.  She politely asks the client if they have an ID for the signer.  She asks if they could read the ID to her, so that she can verify that they have the ID, and that its current.  She asks if the patient EVER recieves medication or is likely to receive it during the day of the signing. She asks if its possible that they could provide a “WINDOW OF TIME”, where they could be sure that the signer wasn’t going to be drugged.  She asks what the name and type of the document is.  She asks if it is in their possession and if they can read the document to her (so, she can verify that they really have it).  After she asks all of the questions on her database’s check list, the cordially thanks the client for answering her questions and assures them that she will be at the hospital lobby at 10am the following day. 
 
This Pennsylvania Notary calls at 9am to verify that they have the identification handy and that the signer is not drugged. Sharisse shows up at the hospital at 9:55 just to be on the safe side.  The client is there, thanks her for being early.  They go up to the room.  The signer is awake, sober, and conversational.  The signer signs the document and journal. Its a bit if a struggle being old and being weak, but the signer does it… because she is sober and awake… and sober…not drugged.   Sharisse does all of the remaining necessary paperwork, thanks everybody, collects her fee, and is off to her next appointment which she allowed a sufficient amount of time to get to.
 
Now that you have read how each of these four notaries handled a hospital job, its up to you to decide how you want to handle this type of job. Remember, that hospital and jail notary jobs and many more potential pitfalls and things that can go wrong than a regular office or home notary job.  Do your homework, be polite and stay out of trouble, and that way, you will be able to make a living. Otherwise, it is you who will be sorry.

You might also like:

Power of Attorney in a nursing home
http://blog.123notary.com/?p=2305

Do you like your job? A story of being kept waiting forever at a hospital.
http://blog.123notary.com/?p=617

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June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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November 24, 2020

Notary IQ Test: 123notary is to Snapdocs what…

Here is yet another Notary IQ test to test your Notary knowledge and thinking skills.

1. A Jurat is a Notary act that:
a. Has to be sworn to.
b. Has to be signed in front of the notary and sworn/affirmed to as opposed to an Acknowledgment which doesn’t have to be signed in front of the notary.
c. Has to be affirmed to. It is bad to ask people to swear as that might offend certain people.
d. Requires a Jurat certificate and an Oath or Affirmation.

2. Acknowledgment is to Jurat what:
a. A pre-fab home is — to a home that is built on site.
b. A chicken that has an egg inside it and then lays it — to a stork that brings your baby.
c. An Oath — to an Affirmation
d. A venue — to a certificate.

3. An Oath is to an Affirmation what:
a. Traditional is to politically correct.
b. God is to your personal honor
c. A New Yorker says in traffic to what a Millennial in California says at a formal appointment of office.
d. Choosing God to Choosing your diety of choice (pick option 4 for Lord Krishna).

4. A Mobile Notary is one that
a. Lives in Mobile Alabama
b. Used to live in Mobile Alabama
c. Travels to jobs
d. Charges a travel fee.
e. Prefers to book jobs at Starbucks… his “office” so he can have mocha-java while waiting for clients to show up. Sounds like the modern day Fonz having an “office.”

5. 123notary is to Snapdocs what
a. Source of information about real Notaries — to source of information about sad excuse for Notaries.
b. Directory is to Portal
c. Old school vs. High Tech
d. Public reviews vs. Thumbs up or thumbs down.
BTW, I just had a glass of 14 hands Merlot at a restaurant. The waiter asked me how I liked it and I said, “14 thumbs up, but not necessarily from the same seven hands.”

6. NNA is to 123notary what
a. One stop shopping is to advertising and signing agent training
b. Conferences are to blog articles and phone sessions with Carmen
c. A good source for ammunition is to a good source of higher paying Notary leads. (or am I confusing them with the NRA? — sorry, old joke.)
d. A big company where you don’t get to know the staff personally vs. a small company where everybody knows Jeremy & Carmen, but not Raymond.

7. The additional / optional information section on an Acknowledgment is critical because
a. It is good to show you are thorough
b. Jeremy says so
c. You can identify the document in multiple facets on the certificate so that it would be obvious if the certificate were swapped out to a different document.
4. To prevent someone from using the certificate on another document.

8. The most effective use of an embosser would be
a. To create a raised impression on all pages of every document you notarized to detect page swapping after the fact. Also, to prevent page swapping onto other documents that were not notarized by you.
b. To create a really large Oreo cookie.
c. To look hype when you arrive at a notary appointment — check out my embosser yo! Stainless!
d. You could use it as a weapon in case the signer tries to attack you — hey, it happens.

That is all for today students. I hope you enjoy our quiz. You can discuss potential answers in the comments or read Notary Public 101 to learn how I would answer some of these.

You might also like:

Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

The lady who studied 30 hours for her elite test
http://blog.123notary.com/?p=21238

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

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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March 1, 2020

2015 compilation of best notary posts

Filed under: Compilations — admin @ 9:59 am

TECHNICAL

The Mortgage & The Note
http://blog.123notary.com/?p=13203

The signature name affidavit
http://blog.123notary.com/?p=13190

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Loan Signing FAQ’s that borrowers ask
http://blog.123notary.com/?p=15457

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Do you use a notary embosser?
http://blog.123notary.com/?p=15126

Your signature needs work
http://blog.123notary.com/?p=15051

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

MARKETING

Best blog articles for advanced notaries
http://blog.123notary.com/?p=14736

How much more does a 123notary certified signer make?
http://blog.123notary.com/?p=15392

What’s the difference between a listing getting 16 clicks / month and 100+?
http://blog.123notary.com/?p=13185

Pleasant companies who are pleasant to work for
http://blog.123notary.com/?p=13099

Websites from some of our best notaries!
http://blog.123notary.com/?p=14677

Trip + Notary Fee = Payment
http://blog.123notary.com/?p=13596

Augmenting your skill set to make more money as an NSA!
http://blog.123notary.com/?p=14150

Here is an easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959

Should travel fees be flat?
http://blog.123notary.com/?p=15402

STORIES

Signing Stream makes notaries sign a contract that they won’t write
anything on forums
http://blog.123notary.com/?p=13640

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Deceptive fax backs, the good old bait and switch tactic
http://blog.123notary.com/?p=14040

I was forged
http://blog.123notary.com/?p=13659

A notary enters the Shark Tank
http://blog.123notary.com/?p=14088

Signing of the Absurd
http://blog.123notary.com/?p=14919

Don’t call title or borrower
http://blog.123notary.com/?p=15066

Have you ever been tempted not to go into a borrowers house?
http://blog.123notary.com/?p=15369

COMEDY

Best notary comedy compilation
http://blog.123notary.com/?p=15957

Compilation of notary sit-com episodes!
http://blog.123notary.com/?p=15949

Honey you can kiss my app!
http://blog.123notary.com/?p=14902

Jane the Virgin Notary
http://blog.123notary.com/?p=14899

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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June 3, 2019

I’m a high end Notary in a low ball world

Filed under: General Articles — admin @ 11:24 pm

Are you a highbrow Notary in a low-brow world, or a high-end Notary in a low-ball world? join the club. There are lots of Notaries out there with tons of experience who have a lot of trouble getting paid well or getting work at all. On the other hand, there is what I call the double bell curve effect in the Notary world. There are lots of new Notaries, lots of mega-experience Notaries, but not so many people in the middle.

The problem as I see it is that there are many Notaries who perceive themselves as being high-end simply because they have experience. They hide behind their years of experience to compensate for the fact that they cannot explain a single Notary act and don’t have a clue how to deal with many common Notary situations. Another problem is that in today’s economy there are too many Notaries and too few jobs. With Snapdocs, if you are not fast to respond to texts you will be put lower on the text order algorithm and might stop getting offers altogether. So, how can you win during these desperate times? The answer is that there are no guarantees. However, being high end in virtue instead of high end in claim will help you a whole lot more. What do I mean?

I recently emailed about 150 notaries regarding their certification. I wanted them to study and quiz again at no cost. Half of them emailed me back and the other half did not. The ones that emailed me back did not read the email carefully. They omitted to read the part that said they had to study a lot. So, I responded to people one by one reminding them (the same way you remind children) that you have to study. I only got four requests from people who had studied sufficiently, and most of those four passed. What about the other 150? Why are people so stubborn, lazy, ignorant and uncooperative? If you can’t pass our certification test (which is really hard these days) then you are NOT a high end Notary. You are only a poser and a chump.

Additionally, getting more reviews on your profile will attract browsers, and so will having a well written notes section. To sum it up, a lot of expertise goes into being a Notary, but less than 1% of the people on our site have that knowledge or have any interest in acquiring that knowledge. This whole industry has turned low-end on me and I’m getting really sick of it. Even if it gets you nowhere, there is a certain dignity and professionalism in knowing your stuff. So please do so.

You might also like:

Experienced signers are being weeded out of the industry
http://blog.123notary.com/?p=16747

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

Why are the fees offered to us so low you ask?
http://blog.123notary.com/?p=22293

10 rules for negotiating notary fees
http://blog.123notary.com/?p=19620

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