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January 12, 2011

Notary Respect

Filed under: Ken Edelstein — Tags: , — admin @ 1:30 am

Notary Respect
“When you arrive at the building, please use the service entrance.” That was the closing sentence from a client for an assignment in a midtown Manhattan office building. I called, and made it quite clear that was not the way I would proceed. “I do not use the back door; I am a commissioned office of the State Department of the State of New York on official business. I do not use the messenger or pizza delivery entrance. If you will kindly confirm to me that a pass will be waiting for me in the main lobby, I will be able to confirm your appointment”.

The above was yesterday. The client did assure me that a building security pass, at the normal entrance would be waiting for me. It was. Even though I carried a large bag with my fingerprinting supplies, I was directed to the elevator without incident. The assignment also included notarization; though both require my standing as a notary to establish ID.

This evening I had a title company call with a refinance. The location was nearby and they readily agreed to my fee. The assignment was for the next day, a Saturday. “The borrower has an early flight and would like you on location at 6AM.” Gulp, that will cost you an additional $50 as it would require me to wake at 5AM. “Why – $50 more, it’s not that you are likely to have some other conflicting appointment scheduled.” My only reply, censoring what I wanted to say was “Thank You for calling, find someone else”. Clearly my loss of sleep had no value to them, but it certainly does to me.

Chances are you are polite and respectful to callers and clients. However, not all callers are respectful to us. I found the position taken by the 6AM job caller disrespectful. To me that warrants an abrupt, but polite – end to the conversation. Sometimes our clients can be a bit unreasonable. At the door I heard large dogs growling and snarling. I like dogs, and usually have no concern about them. But, at this location they seemed very aggressive, not the “I like you” kind, that want some attention. I asked that the dogs be placed in a different room prior to entering. “My dogs are always free, enter or not; it’s your choice.” Away I went.

Do you have dignity? It’s rather a shock to me to have to ask the question. Of course you do, but do you demand respect both for yourself and your office as a notary? I have been asked, on a signing to literally “sit in the corner till you are required”. I’m not furniture. “He’s “just” the notary”, superfluous condescending word “just”. More accurately: He is the Notary. Even if you have a low self image, project the status and honor (yes honor) of your profession and office.

I’m not talking about being pompous and acting superior. Folks at the signing table are not expected to stand when you enter the room. You are an integral and necessary part of our legal system. A document can become evidence in court – because of your certification. We are the front line troops defending against and eliminating much fraud. There is a long and honorable history behind our roles as notaries. Our impartiality and objectivity define us.

Respect, just like trust; has to be earned. One way we earn trust is being sworn under oath to uphold our state’s laws. Respect is a bit more difficult to earn. Snide and demeaning comments as: “just a notary” must be immediately and politely voiced objections. When you dress, act, and practice your profession honorably; the respect you deserve will generally be forthcoming.

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January 10, 2011

Guide to Recognizing Elder Abuse and Knowing Your Rights

Filed under: Other Guest Bloggers — admin @ 11:02 pm

According to statistics, one in ten elders worldwide experiences a form of monthly abuse. However, given that only one in 24 cases is reported, we can expect the figures to be higher.

In this respect, it is important that we know how to recognize elder abuse – no matter if we are sons, daughters, or even elders, as well as our rights and how to apply them. Naturally, one of the first steps we have to do is request the help of a nursing home abuse attorney, so that we can find out more about how we can protect ourselves and our loved ones.

Let’s see how you can recognize elder abuse, and which of your rights you can apply to such circumstances.

Symptoms of Elder Abuse
Many times, professionals miss the signs and symptoms related to elder abuse, mainly because they are very similar to the symptoms of deteriorating mental health.
Still, keep in mind that one’s ability to recognize elder abuse is paramount for prompt intervention, as well as to reduce the impact that the abusive actions had on the person’s physical and psychological well-being.
Obviously, symptoms of elder abuse can be divided into behavioral and physical. Here are some of the signs that will point you to discover if a certain elder is being abused:

Bruises – these usually come in regular patterns or clusters.
Black eyes and welts.
Evidence of lack of medication or even overdoses of medication.
Verbal report – some elders may even report their abuse.
Depression, anger, anxiety, fear, and nervousness.
Avoiding eye contact.
Getting startled easily or even cringing; their eyes may also dart.
Sudden apathy.
Withdrawal behavior.

In some cases, the person responsible for the care of the elder may not allow any visitors to be alone with the elder, or refuse them entirely.

Naturally, these were only a few of the symptoms that should make you take action. Keep in mind that there are physical abuse signs, emotional abuse signs, sexual abuse signs, neglect or self-neglect signs, financial exploitation signs, healthcare abuse, or fraud signs.

Knowing Your Rights
Always remember that every state comes with an Adult Protective Services law that you can rely on. This law helps adults with disabilities and older adults who need assistance, as a result of abuse.
Moreover, there’s also the Administration on Aging, whose purpose is the empowerment of older persons to remain safe within their communities, healthy, and independent.
Among the aforementioned, you can always rely on the National Center of Law and Elder Rights, Legal Services for the Elderly, which provides older people with legal assistance nationwide, as well as the Office of Long-Term Care Ombudsman Programs, which operate in all states.
In short, you could say that you don’t even need extensive knowledge of your rights. If you or your loved one has been abused, there are more than enough laws and associations and support groups to help you deal with this issue.

The Bottom Line
As soon as you notice elder abuse, you must act! Doing so will not only keep your loved one healthy, but will also make sure that the ones responsible will be held responsible in court for their actions.

Even though the elder is in a nursing home, they must be protected from abuse at all costs. This is the same as with children in kindergarten, or employees within their workspace.

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Notary Cheers Part 2: Sammy gets a name change notarized

Filed under: Sit-Coms — Tags: , — admin @ 7:12 am

Please read the part 1 of this blog entry so you are aware of the context. Sam has to run to the county clerk to get his name change form, so that he can check into a hotel room anonymously with his girlfriend without a paper trail leading back to him. Diane needs to have an Oath for Carla stating that she will stay out of Carla’s hair in exchange for a shift switch.

DIANE: Sam, where are you going?

SAM: I’m running late. I need to get to the County Clerk’s office and get back here for my next shift.

DIANE: Just eat something and run over there. It’s only a fifteen minute walk. And it’s sunny today.

CARLA: Yeah, it’s sunny now. But, it’ll be a lot sunnier if certain people swear they’ll stay out of my hair, and get that Oath notarized.

CLIFF: (snickering under his breath) Who wouldn’t want to stay out of that Brillo Pad?

CARLA: (yanking on Cliff’s hair, causing him to wince) At least my hair isn’t about to be yanked out!

DIANE: Can’t you two save your antics for the playground?

CARLA: Relax. I’m not about to let your hair fall out. The bleach you’re overusing beat me to it.

DIANE: It’s not bleach. It’s the sun! Sam, I will get the Oath notarized at 8pm tonight. Scout’s honor! (raising her right hand)

SAM: Better not swear to the Notary it’s the sun. (Gang, except for Diane, chuckles) Gotta go.

Sam walks down to the County Clerk. The line isn’t that bad. Finally, it’s his turn.

CLERK: Purpose of ya’ visit sir?

SAM: I’m gonna need a name change form.

CLERK: Are ya’ sure you wanna change ya’ name? “Sam” sounds pretty good to me. Why ah’ you doin’ this?

SAM: I need to check into a hotel with my new girlfriend, but she’s married, and… I don’t want a paper trail leading back to me. It’s a long story.

CLERK: This never came from me — and I’m not recommendin’ it neitha’, but the easiest way to sneak around isn’t to change your name. It’s to get a fake ID.

SAM: A fake ID?

CLERK: Shhhh. I’m supposed to have ethics, so I can’t recommend doin’ that, but if you change ya’ name, there ah’ strings attached. A fake ID might get you in a little trouble, but you ahn’t hurting anyone, so the cops will go easy on you.

SAM: Can I change my name back if the relationship doesn’t work out?

CLERK: I’m known in town as the most helpful guy eva’ to work in a gova’ment office. I’ll tell ya’ one thing. You can do name variations too. Fa’ loan documents, they have a signature affidavit and AKA statement where you list all the names you’ve been known by in the past. You could get a name variation, and have an ID that represents one of ya’ names.

SAM: Wow. And I thought counting the notches on my bedpost was complicated. But I think I’m catching on. I like this. So, um, how do I do a variation?

CLERK: Here’s a form. By havin’ this form, you can get a second state issued ID, not a driver’s license but a state ID. It’s all legal ya’ see. That document is all ya’ need. For an alias, address, legally, you will need to open a post office box. But, the box would be traceable to your current name. Get the form notarized, then get the mail box, and then get ya’ ID — in that order, otha’wise you’ll screw the whole thing up!

SAM: I like that. Thanks a bunch. You saved my life and my relationship.

CLERK: What number notch will that be?

SAM: I can’t count that high.

Back at Cheers…

DIANE: I’m done typing up my official Oath. I, Diane Chambers of sound mind and body, residing at 54 Beacon Street, Boston, MA 02108, solemnly swear that I will not get in Carla’s proverbial hair. I will not bother her, harass her, nor will I nag her for any light and transient reasons, or even serious reasons for that matter. I included room for a signature, a date, and notarial verbiage.

CLIFF: I think there’s one thing you forgot, there Diane. You’re swearing never to bother her again for the rest of your life. That’s kind of a long time. After all, you’re still kind of a spring chicken.

DIANE: Thank you, Cliff. I think.

CARLA: Since when do spring chickens have barely visible breasts?

SAM: I’m back and I’m about to fill out the name variation document. Oh, and Carla, Diane happens to be very sensitive about her age — so mum’s the word.

WOODY: Mum’s the word, Sam? That’s what I call my mom, and she’s way older than Miss Chambers.

DIANE: You heard Woody, Sam. Pick another word.

SAM: How’s about “ageless”?

DIANE: No, Sam! That’s how they refer to people who already are old!

SAM: Okay, I’ll stick with “annoying.”

EVERYBODY: Norm!!!

WOODY: How’s it hangin’, Mr. Peterson?

NORM: According to Vera, it’s “barely.” Hey, Sammy, did you get that paperwork?

SAM: It’s all complete! And soon to be notarized!

NOTARY: I’m going to need a beer. Sorry I’m late. I kept looking for the bar where everybody knows my name.

DIANE: And we’re always glad you came.

CARLA: Please, don’t start singing.

DIANE: Here is my Oath verbiage — verbatum!

NOTARY: There’s nothing I love more than a prepared customer except for two things.

SAM: That high I can count. What?

NOTARY: A beautiful woman, and a cold one, but not necessarily in that order.

CARLA: (slamming Diane) Don’t you mean one thing?

CLIFF: Isn’t it, uh, illegal to notarize under the influence? It’s a little known fact that in ‘62 a notary who had a taste of the sauce mistakenly notarized JFK’s letter to Marilyn Manson instead of Marilyn Monroe.

NOTARY: It’s only illegal if your signer is intoxicated. You can be drunk, although it is highly discouraged in the Notary community. There is no law against it. The signer has to be of sound mind to be notarized, otherwise they might sign all their money away to a con-man, or worse.

CARLA: What could be worse than that?

NOTARY: They might sign their money over to their greedy family. It happened to me once notarizing an elderly lady who was in a hospital. They drugged her right before the signing. I had to go to court on that one and testify that she looked a bit out of it although I hadn’t been informed that she’d been medicated. I could’ve gotten in a lot of trouble on that one.

NORM: Good thing you didn’t. But isn’t it true that if you didn’t know the signer was medicated, you’re off the hook even if they seemed like they might have been medicated but didn’t make it too obvious?

NOTARY: (To Woody) One Sam Adams please. In these hospital signings, you can never be too careful. Even if you’re off the hook, that day you spend in court is enough to frazzle even the most diligent of notaries!

WOODY: See, that’s where you and I are different. I can be too careful. Like when I was too careful about not stepping on a crack that could break my mum’s back.

CLIFF: What happened, Woody?

WOODY: I accidentally stepped on her toe instead.

SAM: If I were a Notary, I’d look them over from head to toe. Make sure they seem “sound” to me.

CLIFF: That’s what he does with every female under 35 who waltzes in here. He’s good at that.

NOTARY: Okay, I feel ready. I’ll finish the other half of my beer after Diane’s docs. I’ll put the beer to the right — no breathing on it, and your docs to the left. Let’s see if the table is nice and dry?

DIANE: Oh, I brought a clip-board for that. I don’t want my documents touching that petri dish of a bar.

NOTARY: Can I see your ID ma’am?

DIANE: Oh, here it is.

NOTARY: Hmmm. (loudly) 1947, what? You don’t look a day over 35. How could this be….

CLIFF: The secret’s out! The cat’s out of the bag!

CARLA: So the stick is old enough to run for President! I knew that makeup was covering up your “gravitas.”

DIANE: Hear me now, Carla! And hear me, everyone! I am far too young to be President!

CLIFF: You can run for leader of the free world if you’re 35, Diane.

NORM: Wow, Sammy. Who knew you liked older women?

They all laugh.

DIANE: (to Notary) Some things are supposed to be private! One’s age… hair color…

NOTARY: I’m so sorry.

DIANE: Oh well. (sniffle) At least, we can get this form notarized.

NOTARY: Do you solemnly swear that you agree to the terms in this document, and that you will not get in Carla’s hair?

DIANE: As things happen to currently stand, very “solemnly.” (raising her right hand and looking dismally at the floor) Yes, I do (sniffle)

NORM: I now pronounce you Notary, and wife!

CLIFF: I’ll drink to that!

SAM: What about my form?

NOTARY: Let me have the other half of my beer.

NORM: Now that she said I do, your other half is right there!

DIANE: You know I’m still with Frasier, Norman.

NORM: Don’t worry. We won’t tell him you’re robbing the cradle.

DIANE: In answer to “how’s it hangin’,” “it” is about to be your neck!

NOTARY: Okay, I’m ready for Sam. Bring it over. No spilling drinks on the documents people! I mean that!

SAM: Here it is.

NOTARY: Okay, now for this signature, you sign your name as Sam, but on this next signature, you sign as John Doe. Do you think you can do that?

SAM: I’m not great at remembering names. But, sure, I think I can handle it…

NOTARY: Your notarization is complete Mr. Doe.

SAM: Sweet!!! I’ll tell Veronica!

CLIFF: Just don’t tell her husband your old name. Or your new name’ll be “mud.”

NORM: So, what do we owe you?

DIANE: No, you don’t have to do that.

NORM: It’s the least we can do after the humiliation and grief we’ve caused you.

NOTARY: I’ll tell you what. Another beer, and $30. We’ll call it even.

SAM: I’ve never said this to anyone, but, you’re my kind of Notary.

NOTARY: Do you really mean that?

SAM: I do.

NORM: Now, it’s a threesome! Sammy said, “I do” too!

You might also like:

Part 1 of Notary Cheers: Sammy gets a name change notarized!
http://blog.123notary.com/?p=10016

Seinfeld Episode about a Notary
http://blog.123notary.com/?p=6616

Two and a half notaries: Detering notary fraud
http://blog.123notary.com/?p=10452

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January 6, 2011

The Notary can be named as a suspect if their record keeping is flawed

Filed under: Notary Mistakes — admin @ 1:07 am

I test Notaries by phone daily to see if they are fit to be on my site. The results of the testing are that I have to accept people who shouldn’t be Notaries just because I’m desperate for people in certain remote areas. However, bad Notarial record keeping is not only a headache for me during testing. It is dangerous for society and for the Notary as well. Failing to keep thumbprints makes it impossible for the FBI to catch identity thieves. ID’s can be falsified, so without hard evidence like a thumbprint, you cannot catch the bad guys. However, there’s more.

When the FBI interviews a Notary during an identity fraud case, the Notary is considered a suspect. After all, they were involved in the transaction. You might not think of yourself as a suspect, but the Feds do, because it would be easy for you to be involved, especially if you don’t keep your books correctly.

If your books are filled out with one journal entry per person per document, and each entry is signed and with a thumbprint — that is thorough bookkeeping. Less than 10% of Notaries nationwide keep their journal completely correctly. Here are some ways you could make yourself look more suspicious and perhaps end up in court for a long time.

1. If you put multiple documents in each journal entry, the signer or FBI could claim that you added extra documents AFTER the signing to defraud the signer. You cannot prove that you did not add those documents after the signing, so your hands are tied. This is why you have the signed sign off for each document which you cannot do unless there is a separate journal entry for each document.

2. If you put “loan docs” in a journal entry without specifying the exact names of the loan documents in separate journal entries, you could be accused of forging signatures on additional documents. Since you didn’t record which exact documents you notarized, you could claim anything and there is no evidence one way or the other to prove your innocence.

3. If you use one journal entry for more than one signer you create a mess as multiple signers would have to sign a journal entry where their ID information probably would not fit.

4. If you simply do not keep a journal as it is not required by law in your state you could be easily considered a suspect in identity theft and would have zero evidence to prove your innocence.

5. If you keep proper journal entries, but refuse to thumbprint the signer on a Deed or Power of Attorney (serious documents that affect people’s lives and property) you could be accused of concealing the signer’s true identity if they used a false identification card forged in China ($200 market price by the way.)

6. If you think an ID is the real person because the ID looks like him. Consider that in Iraq, ISIS kills people and sells their passports to other people who look similar for about 1200 Euros.

7. There are corrupt people at the DMV who make falsified driver’s licenses which look real because they are real, but with falsified information. Those bad people normally get caught eventually, but have a good run for a while creating all types of chaos in society. Many were charging $500 for a false ID so I heard.

If you keep proper journal entries and thumbprints, it will be more clear to investigators and judges that you take identifying signers very seriously and cover your tracks in case there is any hanky panky. ID’s can be forged, but you cannot forge a thumbprint unless you wear a latex pad on your thumb with someone else’s prints which the Notary would easily detect. Cover your tracks, and your court cases will be dismissed faster based on the experiences of the Notaries on our site!

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You might also like:

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

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January 5, 2011

Comparing journal entries to fedex signatures

Filed under: Journals — Tags: , , , , , , , , — admin @ 11:29 pm

Believe it or not, most Notaries on 123notary do not fill in their journal correctly. It is not rocket science. The rule is:

One entry per person per document.
Two people each signing three documents = SIX journal entries.
But, won’t that take too much time and use too much of your journal? It will only take a few minutes.

Let’s say that Johnny is signing ten documents that are to be Notarized. You put the date, type of notarization(s), document names, document dates, name of signer, address, ID information, notary fee, etc. Next, you draw an ARROW down for the date which remains the same for all ten entries, the name, address, and ID. Then, the signer has to sign for all ten entries. That takes less than a minute. 123notary suggests thumbprinting whether it is required by your state or not as a security measure to help the FBI when they come a knocking. They are bothering one of our Notaires as we speak (or type) and confiscated her journal. So be prepared!

What most Notaries do is one entry per person. Then, they put all the names of the documents in the document section. They have the signer sign once. This is stupid.

If Fedex delivers five packages to you do you sign once? No, you sign once per package and there is a corresponding tracking number next to your signature so you know what you are signing for. If you have a signer sign once in your journal for multiple documents, they could accuse you of having added more documents after the fact and having used them for fraudulent purposes. You would have no way to contest their accusation as the signer did not sign for any particular document.

The bottom line is to have the signer sign once for each document. That way you have proof that your work was authorized and your journal will then be up to standards. And once again, it doesn’t take more than a few mintues and it’s not rocket science.

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When you can’t stamp!

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:46 am

When You Can’t Stamp – Conditions For Turning Down A Notarization

Notaries fulfill a critical role in our society. If you’ve taken up the stamp yourself, you’ve already gone through plenty of training to familiarize yourself with your responsibilities. It’s always handy to review the situations in which you should turn down a notarization, though. Handling these delicate incidents with care is an important part of your job.

Know Your Statutes And Regulations

While the broad responsibilities of notaries are the same all over the country, specific regulations vary from state to state. For instance, in some states (like California), employers can set restrictions on what employees can and cannot notarize during business hours. In other states, notaries have an ironclad obligation to provide their services to qualified citizens. Make sure you’re thoroughly familiar with the rules governing notaries in your own state so that you’re in full compliance.

Remember that part of your responsibility as a notary is to document the work you perform. If you refuse to perform a notarization or simply have misgivings about one or more points of a particular document, make sure you record the event in detail in your notarial journal.

General Issues That Can Prevent Notarization

Most of the common reasons to turn down a notarization are fairly obvious. In situations where you can’t verify a signer’s identity, communicate with a signer (e.g. language barriers), or where one or more parties are absent, it is both your right and obligation to turn away the signers. You should also refrain from notarizing documents that involve you or your close family members or those that subject you to conflict of interest in some other way. Incomplete documents or improperly formatted ones are grounds for a refusal as well.

There are more questionable areas where you are within your rights to refuse service. If you know or suspect that the documents presented to you represent a fraudulent transaction, or you suspect that one of the signers is being coerced into signing, you have a right to refuse service. Document such cases extensively in your journal, as these are the sort of circumstances that may be investigated by authorities later.

Hot-Button Topics

As public servants, notaries have an obligation to perform their jobs without regard to their personal feelings and biases. This means you can’t refuse service to a client based on their gender, race, religion, or orientation. Modern society can present you with many different documents for notarization whose content makes you uncomfortable. Examples include documents that touch on same-sex marriage, euthanasia, abortion, and legal marijuana.

In situations like this, you have to bear in mind that your responsibilities do not extend to interpreting the laws which govern your state. Set aside your personal bias and remember that your notarial services do not in any way serve as an endorsement of laws you don’t agree with.

Refusing To Serve With Grace

It’s very easy to think about refusing a notarization when you confine yourself to hypothetical scenarios. Matters become more complicated when you’re facing an actual signer and need to turn them away, though. Tact is your strongest ally in these situations.

Remember that you don’t have any obligation to expose yourself to risk. If you’re turning down a notarization because you suspect foul play, you’re entitled to give a less contentious explanation, such as being unfamiliar with the type of documents involved. Fortunately, these situations are few and far between. With most refusals, you’ll have a clear legal basis for refusing to notarize. Explain this as thoroughly and professionally as possible.

Turning away signers who want your services isn’t the easiest part of your job as a notary. As long as you maintain a clear grasp of your obligations and their limits and behave professionally, though, you should be able to keep both yourself and your clients within the bounds of the law.

Jeff Wise is a health care professional who specializes in senior care. If you are looking for premium in-home care for your loved one, visit MiamiHomeCareServices.com today.

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January 3, 2011

Tony Soprano Gets Notarized

Filed under: Virtual Comedy Themes — Tags: — admin @ 9:46 am

NOTARY: Boy, what a long trip, and the traffic was terrible.

TONY: I understand. I’ve had a lot of trouble recently with traffic myself. Everytime I get stuck in traffic the only thought that runs through my head is, “where is that ambulance from heaven that I can follow.”

NOTARY: Isn’t that illegal?

TONY: It ain’t illegal if you don’t get caught. Besides… I know people. Capiche? (gives the notary two light avuncular slaps)

NOTARY: I’m not sure if I’m at a notariation or in a Good Fella’s movie.

TONY: It’s a little of both I guess when you’re around here. So.. let’s get started.

NOTARY: Do you have a document you need notarized? Can I see it?

TONY: I got it right here, safe and sound in my violin case. I’m from a very musical family. You know?

NOTARY: Yes, I can see that. There seem to be many violin cases around here. Do you know a good place I can get my bow rehaired?

TONY: Your what?

NOTARY: My bow. I’m a Violist.

TONY: Violist?

NOTARY: You know the instrument that looks like a violin, but is slightly bigger?

TONY: Oh yeah… the viola. I know what that is. But, you’re on your own. I don’t know no bow hair fixer uppers. My violins are strictly for looks purposes only, eh?

NOTARY: I understand. Just for show. Kind of like when I try to play the Khachaturian or Paganini concertos.

TONY: Oh yeah. I know Paganini. I dated his sister for a while. It didn’t end too good though. One of the uncles threatened me.

NOTARY: Did he threaten to forbid you from playing the violin again?

TONY: Not exactly. Let’s put it this way, he owns a concrete business.

NOTARY: Oh, well you won’t be able to play the violin again if he does what I think he was implying.

TONY: Never could in the first place. Okay, here’s the document — oh shoot, I’m running low on ammo. I didn’t realize. Thank God we’re doing this.

NOTARY: Ammo? You keep ammo in the violin case? When I go out to play a concert, I always keep my ammo in a separate bag from my viola case.

TONY: To each his own. Sometimes you don’t want the ammo getting separated from your instruments — you know what I mean?

NOTARY: Okay… we have the document entitled, “I won’t go anywhere’s near Giuseppe or the rest of you’s guys.” Okay, great. Can I see some ID?

TONY: Take your pick! (hands out twelve ID”s like a fan of cards.

NOTARY: Oh, I see. Let me close my eyes. Hmmm. I think I’ll pick…. this one… By the way, which one is the real one so I don’t have to have you arrested for fraud.

TONY: Oh, they’re all real.

NOTARY: What I mean was, which one was issued by the DMV here.

TONY: Oh, that kind of real. Dis one!

NOTARY: Now we’re in business. Now, please sign the document as Tony Soprano, and sign the journal the same way. I’ll need thumbprints too.

TONY: I have DNA samples in my other violin case just in case you’re interested.

NOTARY: Is it your DNA or DNA you’re planting.

TONY: Once again — take your pick!

NOTARY: Okay, I’ve filled out the form, I’m affixing my seal…. done… You know something. After meeting you, I’d like to keep my notary seal, journal, and ammunition (ink refill) in a violin case — and also wear a black shirt, white tie, and pin stripe suit.

TONY: You can call your operation, “Just got made Notarizations.” Just don’t try to do no notarizations in Bensonhurst. You’ll be cutting into Guido’s territory. He’s incharge of all the notarizations down there. Bad things could happen if you venture down there. Understand?

NOTARY: I think I got it. I’ll just stick to Connecticut for now. Have a nice day and stay out of trouble.

TONY: I think I’ll be safe with this document notarized. Now my ex-girlfriend’s family will feel safe…

NOTARY: Never mind — I’m not even going to ask.

.

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January 2, 2011

How to choose a malpractice lawyer?

Filed under: Other Guest Bloggers — admin @ 8:33 am

How to choose a malpractice lawyer?
Ever wondered that you could run into danger even after hiring a lawyer? Yes, this does happen. Sometimes lawyers make mistakes which have serious repercussions for the clients. This scenario is acknowledged as malpractice. In medical terminologies, malpractice is defined as an issue that is caused by a doctor’s or medical staff’s negligence to the patient. It could be a simple mistake causing great damage to somebody’s brain and even death.

What is legal malpractice?
Legal malpractice is defined as the damage caused to the client in the pursuit of a lawyer lending his/her legal services. A very basic example of a mistake is a lawyer missing out on filing papers in the court. However, malpractice is not just limited to simple mistakes; it could also be inclusive of the breach of contract by the lawyer who has been appointed by the client.

How to choose a malpractice lawyer?
Choosing a malpractice lawyer becomes imperative when major damage has been done. However, it is better if you choose one who has sound reviews. Let’s go through some of the simple steps to locate a malpractice lawyer:

Consult your current lawyer
If you are already working with a lawyer on a different case then always ask for a referral. People who are in this profession will be better in guiding you through the process. In case a friend or a family member has pursued a malpractice case in the past then that’s the best hand for you.

Consult legal sites
Go for registered and verified sites. Search engines do help but can also make one run in trouble in case a fraudulent website is consulted. You can consult Seattle malpractice lawyers for top-notch services in this segment. In case you are skeptical about a website then immediately take it down from your list.

Don’t forget to contact the legal bar association of the state
Instead of hovering over the entire country, look for the legal association in your state. Just as contacting the head office is better than contacting a franchise, registering a call in the official department is wiser instead of contacting many firms in the business. The state department will be able to tell you about the people who are legally registered to help you.

Always look at the portfolio
Don’t make a choice imminently. You already wasted a lot of money in bagging a faulty lawyer in the past. This time it’s important that you go through the work history of the prospective lawyer or the firm. Don’t overlook customer reviews if you’re going through the official website.

Interview the prospective lawyer
You can easily judge your lawyer by having a one to one conversation with him. You can easily judge if he’s here to help or just to looking forward to shredding lots of money from your pocket. Talk about your case and ask the person for previous work experience.

Make an Agreement with the lawyer
Everything written in the note will always be a good reference. Don’t commit anything verbally. You don’t know how time will take to you forward. It is better to write everything down in the agreement. Don’t keep any bit of skepticism in mind and ask everything.

Sign the contract
Be confident and move on. Sign the contract after reading everything that has been typed. Make sure that fee and everything have been jotted down with much clarity.

Lastly!
We hope that you get a suitable malpractice lawyer this time. The only thing is that some wise decisions need to be made in terms of getting back with the legal procedures.

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December 24, 2010

Notary Public: Just Say No #3

Filed under: Legal Issues,Popular on Facebook (A little),Popular on Twitter 2010,Popular Overall 2010,Technical & Legal — Tags: , , , , , , , , — admin @ 8:40 am

Just say no 3 
Notaries need to know what to do and what not to do.  Although rules change across state lines, here are some basic rules to think about.
 
Staples anyone?
Many states require that the notary certificate be attached to the document.  Many companies will get mad at you for stapling their deed of trust together. But pages can easily be switched without a staple.  Attach is one particular formal way of saying staple. There doesn’t seem to be any other way to “attach” a certificate to a document.
 
Leaving loose certificates
Once again, certificates can not be sent without the document they correspond to.  If you notarize a document, the certificate wording should either be embedded in the document, or on an “attached” form.  If you are asked to send another “Jurat” (by this, people really might mean acknolwedgment certificate) in the mail.  You need to ask the company to send the document so you can attach it.  They they say, “Oh, come on”.  Tell them that if they want their “jurat” you need the original document otherwise they could attach it to anything.
 
New pages in a document?
If a signer had a document notarized and has a new page that they want notarized, you need to notarize the document all over again despite their whining.   You can not notarize individual pages of a multi-page document.
 
Notarizing a photograph?
You can not notarize a photograph.  If you have a document regarding a photograph, you can staple the photo to the document and notarize the document.  You could even put an embosser halfway through the photo with the other half going through the document as its attached to the document.
 
Notarizing before the signer signs?
Don’t save time by filling out the notary forms before the signer shows up.  If you affix your notarial seal before the signer has signed the document and your journal, you have committed a crime.  Just wait until all the other necessary steps are complete and then fill out the wording and affix your seal.
 
Beneficial interest?
If you are mentioned in a document, or are closely related to a person who is mentioned in a document, that can constitute beneficial interest.  If you derive a benefit from a document being signed, that is definately beneficial interest.  One of our notaries informs us that if you only get paid as a notary if a particular document gets signed, then you have beneficial interest.  Get your travel fees at the door before you figure out if you are doing to notarize a document.  If the ID is not good, or the signer is drugged at a hospital, you will feel motivated to try to find a way to notarize that person if you haven’t been paid. That is actually a very common type of beneficial conflict of interest that invovles notaries on a daily basis.
 
Notarizing yourself?
Don’t notarize yourself. You can not notarize your own signature no matter what in any state.  The whole purpose of a notary is that they verify other people’s signatures.

Tweets:
(1) It is illegal to notarize something without making sure the certificate is attached!
(2) If you are adding a new page to a document, do you need to notarize the whole thing all over again?
(3) Some notaries save time by notarizing before the signer signs! This is illegal!

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Just say no article 2
http://blog.123notary.com/?p=225

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http://blog.123notary.com/?p=19614

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

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November 29, 2010

12 Points On e-Notarizations

Filed under: Comprehensive Guides,e-Notarization & e-Signings — Tags: , , , , , , , — admin @ 11:31 am

e-notarizations information

Each state has different standards for e-notarizations. Please remember that e-documents and e-signings are completely different from e-notarizations. Here are some points about e-notarizations that are interesting.

(1) To do e-notarizations you need a special authorization from your state, and not all states allow this. The rules are completely different for e-notarizations and the types of documents you can notarize are limited as well.

(2) LindaH in our forum stated on 1-05-10 that the NNA is no longer supporting the ENS program (Electronic Notary Signature). There were technical challenges offering that particular technological product. There are no unified standards for e-notarizations which was part of the problem.

(3) ENJOA is an electronic journal. e-Notarizations require the use of an electronic journal and can not be completed with a regular journal. e-signings use a regular journal by the way.

(4) BobbiCT claims that in Connecticut that multiple documents can serve as “originals”. He states that physical documents can be scanned and used as electronic documents that receive an e-notarization.

(5) Many states do not allow a recorded document to have an e-notarization. Recorded documents are often documents effecting real property which is too critical to risk security issues relateing to e-notarizations.

(6) Its common for states to set up e-notarization legislation years before the first e-notarization is completed and years before the first e-notary is appointed in their state. States are thinking ahead. The problem is there can be many bugs in the new systems that are in place which make e-notarizations potentially less secure than “brick and morter” notarizations.

(7) Biometrics can be used on e-signatures on e-notarizations to record the speed of the various strokes involved in a signature. This is one excellent way to deter fraud. Its easy to forge a signature, but no fraud would be able to figure out what the speed of each stroke of the signature would be for a particular individual. There are too many strokes involved.

(8) An e-journal is required for all e-notarization acts. To get an e-journal, you would need to set up an account with a company who provides an e-journal system. You would probably need a login and password to use your journal, and god forbid if the server went down.

(9) 123notary doesn’t know of any particular notaries who have done an actual e-notarization. It sounds like fun though.

(10) LindaH claims that many borrowers she had talked to would not be thrilled if they were asked to be involved in an e-notarization.

(11) LindaH claims that its the state governments that are not prepared to handle e-signatures.

(12) Perhaps private industry and title companies might be ready, but if the county recorders can’t handle e-notarizations, then they can’t be used for recorded documents such as deeds, etc.

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e-signings vs. e-notarizations

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