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February 21, 2012

All you need to know about notary work

Filed under: Public Interest — Tags: , , , , — admin @ 7:56 am

All you need to know about notary work 

There is a lot to know about notary work.  You should visit your state’s notary division website to learn what they want you to know about your state’s notary laws. Regardless of what state you are in, you need to know:
 
Who can become a notary?
Generally state residents who are 18 or older who don’t have a felony conviction or misdemeanor involving dishonesty.  Some states allow residents of neighboring states to apply to be a notary as well.
 
What is the application process to become a notary?
Some states have online applications, while others require you to mail it in. Each state has a different application fee. Check your state’s notary division website for more information
 
What is the procedure to get my official notary seal (notary stamp)?
Most states require the use of a notarial seal, but some states have authorization forms to get your seal.
 
How do I get my notary commission paperwork?
Most states will mail this to you.  Many states require you to file an Oath and Bond at a county recorder’s office, or some other government office in your area.

 Do I need to be bonded to be a notary?
Refer to your state’s notary division website for information
 
What notary acts do I need to know about?
Most states allow notaries to perform notarial acts such as:Acknowledgments, Jurats, Affirmations, Oaths, and Protests.  Some states allow copy certifications for particular documents, and there are other types of notary acts as well that are particular to certain states. Please read your state’s notary division website to learn the details.

 Do I need to keep a journal of notarial acts?
Most states require a journal, but even if they don’t, you should keep a journal for your records in case you are called into court.  A well maintained journal is evidence that can be used in court, or keep you out of court.  You will not remember someone you notarized five years ago, so keep good notes in your journal if something strange happens at the notarization.
 
How do I identify signers?
Generally, a current drivers’s license, state identification card, or password will do.  The ID should be a current government issued photo-ID with a physical description, signature, serial number, and expiration date.  Other forms of identification might be allowed, so please visit your state’s notary division website to learn the details of your state’s rules
 
Attaching certificates.
Notary acts such as Jurats and Acknowledgments require notarial paperwork to accompany the act.  Oaths often do not require a certificate though. Notary certificates come in pads, and you simply fill out the certificate with information about the document and the signer, the date you notarized the document and a few other pieces of information — then you stamp the certificate paper, and staple it to the document.  The document itself might have the certificate on it which means that you do not have to attach a loose certificate.
 
What else do I need to know?
You could learn about how to use credible witnesses, signature by mark, and other types of notary procedures.  You should learn how to take journal thumbprints for your security in identifying potential frauds.  Become an expert on your state notary handbook (if your state has one).  You are responsible for all laws pertaining to notaries in your state.
 
Can a notary notarize outside of their state?
There are some weird exceptions in two states, but as a general rule, you are not authorized to perform notary acts outside of your state boundaries.  If you live near a border, consider getting commissioned in the neighboring state if that state will allow it.
 
How long is a notary term?
Notary terms can range from three years to life, however, the majority of states have a four or five year notary commission term.
 
How do I make money as a notary?
Become a mobile notary, get a loan signing course from 123notary.com, and advertise on our site to get business as a loan signer and mobile notary if your state allows loan signing!

You might also like:

Notary Public 101
http://blog.123notary.com/?p=19493

Penalties for Notary misdeeds & misconduct
http://blog.123notary.com/?p=2067

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Where do credible witnesses sign the notary journal?
http://blog.123notary.com/?p=2508

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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February 9, 2012

Notary Business Names

Filed under: Business Tips — Tags: , , , , , — admin @ 9:55 am

Notaries often ask me, should I use a business name?  Do notaries need to register as a business?  Does a notary public have to get a business license? The answer is yes.  Any business, including a home-based notary business needs a business license, otherwise, you might be operating illegally. For a notary to get a business license is not hard, just contact your county clerk’s county recorder office and ask them what the procedure is.  It is generally under $200 and the paperwork is not difficult.  Getting a fictitious business name for your notary business can also be the prerequisite to getting a bank account with your company name on it!
 
But, what to name your notary business? Too many notary businesses have similar sounding names, and they all become one big blur.  We wrote a blog entry all about signing company names which sound similar which is a fun blog entry to read.
 
Yellow Page Names
It is common for notaries advertising in the yellow pages to want to show up at the beginning of their section.  Names like A1 Notary, AAA Mobile Notary, AAAA Traveling Notary, and Aardvark Notary are common. Unfortunately, your clueless customers will get mad when you are not the auto club and tell you to change your name!!!  It happened to me, I know.
 
Glamour Names
Then, there are those who want the glamourous names like Royal Notary, Elite Notary, On Time Notary, and other vanity names.  You could capitize on a character trait such as Integrity Notary, Rapid Notary, or Honest Notary.

 Geographic Names
Geographic names are very good for website optimization.  If your business name is Glendora Mobile Notary Service, then your website will show up very well for local keywords. 
 
 
Personal Names
We have one client who’s business name is Ellen the Notary.  That is easy to remember and very personable too!  Johnson’s Traveling Notary is another example of a personal type of a notary business name. Sam’s Meandering Notary is yet another.

 Unique Names
But, what about more unique sounding names?  I generally recommend either geographically recognizable business names or unique ones. A confusion between your business and some other business with a bad reputation can be crippling!  If it were me, I would really put a few weeks of brainstorming and asking your friends to find that perfect name for your notary business. After you have narrowed it down to a few names, reflect carefully to select the ideal name as you will be stuck with it for a very long time!
 
You might also like:

Compilation of posts about Notary business names
http://blog.123notary.com/?p=21760

Comedic slogans for Notaries listed on our site
http://blog.123notary.com/?p=20410
 
Deceptive identities – Signing Companies with Similar Names

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Business cards for mobile notaries
http://blog.123notary.com/?p=36

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February 6, 2012

Fraud & Forgery related to the notary profession

Filed under: Drama & Tragedy — Tags: , , , , , , , , , — admin @ 9:45 am

Fraud and Forgery in the notary business 

There are many types of fraud that a notary might run into in their notarial career, forgery being one of the more common types of fraud. But, let’s take a closer look at what specific types of things could happen.
 
(1) Someone could forge your seal and pretend to be you.  It happened to me.  Unfortunately for them, they didn’t forge my signature very well, and didn’t copy my style of embossing every page either.  Putting technicalities aside, I bet they were not able to forge my quirky sense of humor either.  Notary seal forgery is not common. In my case, I think they used a really good photocopier.  BTW, a photocopier can NOT copy the RAISED impression of an inkless embossed seal which is why I used it on all of my notarizations.
 
(2) Page swapping — the old bait and switch routine.  I got called to notarize many multi-page documents. I put my embossing seal through all of the pages leaving a raised impression on each page.  I usually did these individually. Sometimes it is better to do all pages together so the seal goes through the same location in each page.  However, the seal comes out more clearly if you go page by page.  In any case, if you see a ten page document where all of the pages EXCEPT for page four are embossed, that would raise my eyebrows.  I have had many situations, where the signer wants me to give them another acknowledgment certificate for a new page they are adding to the document. I tell them that I have to notarize their signature ALL OVER AGAIN, and that is the law no matter how many times you say, “Oh, come on”.  With that attitude you might as well notarize your own signature as a non-notary!
 
(3) Title companies have a common practice of initialing for the borrower if the borrower misses an initial. It is “easier” than sending the documents back to the borrower.  Whether it is signature forgery to forge initials is a matter for an attorney to decide, but it seems pretty illegal to me to engage in initial forgery. I don’t think that anyone audits loan documents to see if anyone is engaging in initial forgery, but perhaps they should — many Title companies might get busted or investigated at a minimum.
 
(4) Refusal to be thumbprinted?  You must be up to something if you don’t want your thumbprint recorded. Maybe you have a fake identification card, right?  You can fake an ID, but you can not fake a thumbprint.
 
(5) Signature forgery.  If someone forged a signature on a document, they will have to have a fake ID and forge the same signature on the ID and in your journal. It would be a tough crime to pull off. I think that nobody in their right mind would attempt this.  Normally, people try to do crimes of fraud in private, and wouldn’t be willing to let other parties see what they are doing, no matter what!
 
(6) Notarizing out of state?  If you don’t have a commission in a particular state, you can not notarize there, with a few exceptions. Military notaries have special rules. A Virginia notary public may notarize out of the state of Virginia, but only for documents that are to be recorded within the state of Virginia. In any case, from time to time we will hear rumors that a notary public is operating illegally in a bordering state where they are not commissioned, and people want us to enforce the rule. I tell them to report the individual to the state notary division where the Notary in question is commissioned.
 
(7) Charging more than the state maximum notary fees is illegal, and charging more travel fee than your state allows (roughly eight states have restrictions for travel fees) can get you in trouble too.
 
(8) Filling out an Acknowledgment or Jurat form when you never saw the signer and never had the signer sign your journal is a really serious act of notarial misconduct.  You can lose your commission and get fined or jailed for this.

You might also like:

Backdating from A to Z
http://blog.123notary.com/?p=2424

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

Penalties for notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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January 28, 2012

Information about various notary procedures

Filed under: Technical & Legal — Tags: , , , , , , , , — admin @ 9:14 am

This blog entry will contain links to information about various notary procedures.

Credible witness notary procedure
Credible Witnesses from A to Z
 
General notary public procedure
There are various types of notary acts which are common such as Jurats, Acknowledgments, Oaths, and Affidavits.  Please click on the link of the notary act you are interested in.
 
Jail signing Procedures
Jail signings are not that different from other signings except for the fact that inmates typically do not have identification that is acceptable to notaries.  The next difference is that the person who coordinates the jail signing and meets the notary at the jail is generally a relative, girlfriend, or attorney for the inmate, where most notary jobs are booked by the signer themselves.  It is possible that inmates could be moved from jail to jail which is another issue. Please read out blog about jail signings.
 
Notarized Affidavit Procedure
An affidavit is a document like any other, and it is generally notarized using a Jurat which requires the signer to sign in the presence of the notary, and for the signer to swear under oath that the contents of the statement / document are true and correct and perhaps that they will abide by the terms in the agreement. Please read our entry about Notarized Affidavits. 
 

Notary Witness Procedure
Notaries can act as witnesses in their capacity as individuals.  Please see our blog entry entitled,”can a notary be a witness“.  Notaries can notarize signatures of witnesses, and can also use credible witnesses to identify a signer in many states. In addition, there is such a thing as subscribing witnesses for proofs of execution and for signing by x.
 
Procedure for notary by mark
Please see our blog entry about signing by x
 
Procedure for Affidavit of Support
Please see our blog entry about Affidavits of Support. In short this is notarized like any other affidavit and uses a Jurat which requires the signer to sign in the presence of the notary and take an Oath regarding the truthfulness of the document and their willingness to abide by the terms stipulated in the document.

You might also like:

Notary Procedure for Affidavit of Support Documents
http://blog.123notary.com/?p=1421

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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January 19, 2012

Notary income in various areas

Filed under: Marketing Articles — Tags: , — admin @ 10:25 pm

Notary income in various areas
 
How much do notaries make? 
Notaries typically do not do notary work full time.  Notaries usually work in an office doing some sort of office work, and have a notary commission just in case someone walks in who needs a notarization.  Sometimes the notarization might be related to their dealings with the company in question, and other times it is not. 
 
Mobile notary income varies a lot
The mobile notary profession used to be very fast from 2001-2006.  Since 2007, things have slowed down quite a bit.  There used to be many people who made a full time income as a notary public / loan signer.  Now that things are slower, there are less full time notaries.  But, what is their notary income working half time or full time?  I can guess that a serious part time notary might make $1000 to $2000 per month doing regular notary work on the side such as loan signings. But, a full time notary might have a notary income of $3000 to $5000 in this slow economy, when it used to be above 100K per year in the old days for the notaries who really knew what they were doing.
 
Notary income in New York?
If you live in Manhattan, you might be able to make a lot of money.  NYC has a lot of opportunities for mobile notaries because there are so many transactions going on, and so few mobile notaries.  You could take the subway or cab around town, and make a mint.  There is little competition, so the key is to get the word out that you are around
 
How do I become a mobile notary and make money?
Call us at 123notary at 888-838-1458. We train people how to enter this profession every day.  Please do not try to be full time until you have built up a loyal clientele over a few years, but as a side gig, this is the way to go!  We have loan signing courses, certification courses, and more!

You might also like:

Pricing formulas for mobile notary work
http://blog.123notary.com/?p=84

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January 17, 2012

How to fix notary mistakes

Filed under: Notary Mistakes,Technical & Legal — Tags: , , , , — admin @ 10:16 pm

How to fix notary mistakes 

Notaries often make mistakes.  Many make notary mistakes due to lack of education and lack of skill.  Those notaries will not likely catch their mistakes, and will not understand if others point out their mistakes. However, a knowledgeable notary public, will be likely to catch their own mistakes.
 
The point of having notaries in society is to have some sort of record keeping for the signing of documents, and the identifying of signers.  The notary hopefully keeps a journal (required in most states), and also fills out certificate sections, or attaches certificate forms to documents.
 
So, most notary mistakes that could be made would likely be in the journal, or certificate area.  If there is a mistake on the journal, it might be that the notary didn’t properly indicate what type of document was being notarized, or left out some critical documentation information.  Or, the signer might have “forgotten” to sign the journal which is much more serious.  If a signer forgets to sign, the notary can try to call the signer and have them come and sign the journal, or the notary can go to them.  An experienced notary wouldn’t let such a thing happen, but if there is a lot of confusion and people are in a hurry, then something could go wrong.
 
If there is a mistake in the notary certificate, then a new certificate can be made without seeing the signer, providing that the old certificate is destroyed.  You can not legally have two certificates for the same document for the same signer — unless there are two journal entries for the same signature by the same person on the same document which is very fishy indeed!
 
What about forgetting to administer an Oath to credible witnesses, or forgetting to administer an Oath for a Jurat?  In such a case, first of all, the notary could lose their commission or be fined by their state government for such a blatant infraction of notary law!  But, the notary could try to find the affiant and try to make them take their Oath after the fact.  Better late than never. I don’t think that makes it “okay”, but is better than nothing.

You might also like:

Fixing Botched Signings
http://blog.123notary.com/?p=1246

Rude notaries and what they do
http://blog.123notary.com/?p=2198

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Common complaints we get about Notaries
http://blog.123notary.com/?p=19399

Cross-outs as taught in the 30 point courses
http://blog.123notary.com/?p=14406

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January 3, 2012

Finding a notary for adoption papers

Filed under: Find a Notary,SEO — Tags: , , , , , , — admin @ 12:30 am

Notary for Adoption 

If you need a notary for an adoption, keep in mind that there might be many documents to be notarized.  However, the notary is not free to give advice about any of these documents. The notary public just makes sure that you signed the documents and notarizes your signature(s). That is it.  You (the signer) will be required to sign the notary journal once for each signature that is being notarized. If you need advice about the notary procedures for an adoption, please consult an attorney.  The notary’s purpose is only to notarize documents and NOT to give advice…

Adoption paperwork packages tend to be long and cumbersome, so please allow ample time to read and sign the long stack of documents.

Please use 123notary.com to find a notary that can help you with your unique needs!

You might also like:

Notarizing for an adoption
http://blog.123notary.com/?p=3267

Where can I find a Notary to sign adoption paperwork? (2016)
http://blog.123notary.com/?p=18793

Tips for notarizing international adoption documents
https://www.nationalnotary.org/notary-bulletin/blog/2015/07/tips-notarizing-international-adoption-documents

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December 17, 2011

Penalties for notary misdeeds & misconduct!

Filed under: California_Notary,Legal Issues,SEO,Ultra-Popular — Tags: , , , , , , , — admin @ 2:22 pm

Penalties for notary misconduct, crimes, and misdeeds 

I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases.  I have only heard of one notary that engaged in a serious crime, and he went to jail.  This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.  However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
 
Asking a notary to do an improper notarization.
This is a misdemeanor.  If it involves real property, then it is much more serious.  Clients might ask you to notarize them using a different name variation that is not documented, or put a false date.  This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, 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, legally, 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 issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor.  A false Acknowledgment certificate constitutes FORGERY.   Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
 
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.
 
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
 
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
 
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 California notaries is $1500 per incident.  Additionally, such a notary’s commission could be suspended, revoked, 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. 
 
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well.  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 suspended or revoked for such a 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:

9/11 Notary Law Changes
http://blog.123notary.com/?p=212

All you need to know about notary work
http://blog.123notary.com/?p=2354

How to complain about a notary public
http://blog.123notary.com/?p=2179

Penalties for notary misconduct and fraud (2018 version)
http://blog.123notary.com/?p=21315

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California e-notary rules

Filed under: California_Notary,e-Notarization & e-Signings — Tags: , , , , , , , — admin @ 1:02 am

Current 2011 / 2012 California e-notary rules
California requires the signer to appear before the notary public for all notary acts — electronic or not.  Documents that can be electronically notarized in California include: substitution of trustee, assignments of a deed of trust, and Reconveyance Deeds.  These must be submitted to the county clerk via a trusted submitter. An electronic seal may be used for these transactions online.  California Civil code 1633.11 states that an electronic signature carries the same legal effect as a physical signature made by a pen. 
 
Purely online notarization services are not legal in California.  You may not notarize someone using a web-cam, etc.  That doesn’t constitute personal appearance. The signer must be within several feet of the notary and clearly visable to the notary.
 
§ 1633.11. Notarization and signature under penalty of perjury requirements
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

12 points on eNotarizations
http://blog.123notary.com/?p=228

e-notarization definition
http://blog.123notary.com/?p=217

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December 16, 2011

Notary FAQ based on recent search queries

Filed under: Public Interest — Tags: , , , , — admin @ 12:17 am

Here are some interesting and random FAQ type questions based on search queries made to our blog.
 
Q. How do I know if the notary can be trusted?
A. Notaries are screened by their respective states.  Screening in California is more rigorous and involved live scan fingerprints, and checks with the FBI and DOJ, while many states are more lackidasical. Some notaries are crooked in what they do, but I have never heard of a notary engaging in an act of fraud against their client.  Keep in mind that notaries do not keep possession of documents that they notarize, so after a client is gone, there is not much fraud that they could engage in against a client.  More common frauds involve helping a client falsify a date on a document or notary certificate.  A less common but very serious fraudulent act might include notarizing a forged signature on a deed effecting real property.  If you are so paranoid, what do you think this notary is going to do to you?
 
Carelessness and incompetence is 50x as likely to harm you than fraud
The real danger with notaries is more likely to do with carelessness and poor training more than issues to deal with trust.  More than 50% of notaries just simply don’t know what they are doing  and don’t know their state notary laws well enough to handle even the simplest types of notarizations.
 
If you want to check up on a notary, you can ask them for references and try to find out how much notary work they do, which is still not much of an indication of competency.  Also, check the notary’s ID to make sure they are the same person whose name is on the notary seal!
 
Q. Can I make a living being a notary?
A. Being a notary is at best a part time activity which you squeeze in to all of the other things which you are hopefully busy doing.  A store owner can notarize for clients, as can a real estate broker.  Mobile notaries go and do loan signings, but usually have other on call jobs (or full time day jobs) that they do.
 
Q. Can you amend a notarized document after it has been notarized.
A.  I have three answers for this question:  (1) No (2) Never (3) No way, buddy.  If you need to change or amend the document, then draft it how you want it, sign it, and have it notarized all over again. Yes, that will cost you more, but that is the only legal way to do what you want to do.
 
Q.  How do you know if someone is a fake notary?
A.  Check their identification to see if it matches the name on the notary seal.  It is a common fraud for people in offices to illegally “borrow” their colleagues notary seal. Usually they do this to save time, and no harm is mean, but they could go to jail for this as it is illegal!   Also, make sure their notary seal hasn’t expired.  If you really think that the notary is fake, then contact the Secretary of State’s (Department of State, Secretary of Commonwealth) Notary Division and ask if that “fake notary” is a real notary!

You might also like:

I make mistakes too! – A notary certificate that needed amending
http://blog.123notary.com/?p=3639

How much does a Notary cost in 2019?
http://blog.123notary.com/?p=21308

Background Screening for Notaries
http://blog.123notary.com/?p=2418

General Notary Public Information
http://blog.123notary.com/?p=20075

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