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November 29, 2011

What is a Magistrate?

Filed under: Legal Issues — Tags: , — admin @ 6:32 am

What is a Magistrate?
 
A Magistrate is an officer of the state that has similar powers to a Judge, Justice of the Peace, or Prosecutor.  Since this blog is written from the perspective of the notary public industry, a Magistrate can often perform the same types of acts that a Notary Public can such as Acknowledgments, Jurats, Oaths, Affirmations, etc.
 
Origins of the term Magistrate
The office of Magistrate originates from ancient Rome, where a Magistrate was one of the highest offices, by definition. These Roman Magistratus were so high in office, that they were only subordinate to the legislature, and they were normally members of that group as well.   These Roman Magistrates had Judicial and Executive powers.
 
Magistrates in the US
In the United States a Magistrate is generally a type of independent judge who is capable of issuing warrants, reviewing arrests, who can do a hearing and make decisions based on a particular matter.  Magistrates on the state level usually handle cases not exceeding a particular dollar amount — hence handling smaller matters.
 
Where can I learn more about Magistrates?
Please contact your Secretary of State in your particular state, or visit your state’s notary division website, as they sometimes have information about this profession.

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Filed under: Notary Acts & Certificates,Popular Overall 2011,Ultra-Popular — Tags: , , , , , , , , , — admin @ 1:28 am

Notary Certificates,  Notary Verbiage & Notary Wording

Notary terminology is sometimes confusing, so there are a few things to remember.  There are different types of common notarizations.  Acknowledgments and Jurats require certificate wording (notary wording), and Oaths and Affirmations could be purely verbal.  A Jurat requires that an Oath or Affirmation accompany the signing and certificate wording (notary wording, notary verbiage).  An Acknowledgment is purely paperwork in most cases, however, I have seen even an Acknowledged signature have an accompanying Oath.  80% of notarizations are Acknowledged signatures, while roughly 19% are Jurats, and the remaining 1% would be a mixture of other types of less common notary acts.
 
Acknowledged Signatures
The 2011 & 2012 notary certificate for an acknowledged signature includes a venue (documentation of county & state), the name of the notary, the name of the signer, the fact that the signer appeared before the notary and acknowledged signing a particular document.  The current notary verbiage on this form should include the date of the signing, and the signature and official seal of the notary as well.  The actual notary verbiage differs from state to state.  California notary verbiage is a bit different than Ohio notary verbiage.  Also, Ohio has different types of acknowledgments such as corporate acknowledgments and an attorney in fact acknowledgment.  You should ideally research your state’s notary verbiage to see what it is.  If you visit our find a notary page, there are links to states, and on the state pages, you can find a lot of information about acknowledgments and jurats in those states.  We have detailed information for Florida, Illinois, Michigan, California, Arizona, Ohio, and a few other states as well.
 
Jurat Signatures
The notary certificate for a jurat signature / oath has changed in many states. It is/was normal to have a venue, and then say, “Subscribed and sworn to before me (name of notary) by (name of signer) on (date).”  Then there would be a signature of the notary, and a place for the official notary seal.  Jurat verbiage also can differ from state to state so please look it up on google. 
 
Certificate forms.
Notary certificates can be notary wording / notary verbiage that is embedded on the last page of a document, or sometimes within a document if there are intermediary signatures.  If the notarial wording is NOT included, you must add a loose certificate and attach it to the document (by stapling). 
 
Filling out the forms.
Many notaries don’t understand how to fill out notary wording on certificate forms.  Let’s say a guy named Paul Solomon is the signer.  If the form says,
 
(note: this is not real Florida notary wording — I am making it up for educational purposes)
In real life, the Florida notary certificate is much simpler than this, but in other states there are cross outs that the notary needs to make. 
 
State of Florida
County of Brevard
On 8-11-2010 before me John Doe, notary public, the foregoing document was acknowledged before me by Paul Solomon, who acknowledges signing the document in his/her/their capacity(ies).
 
(notary seal)
 
In this example, it is the notary’s job to cross out the “her” and “their”, and the “ies” in capacities.  More than half of notarizations that I have seen were done by notaries who omitted to do the cross-outs.

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November 20, 2011

The Notary Signing Agent Loan Signing Process & Pitfalls

Filed under: Ken Edelstein — Tags: , , , , — admin @ 5:54 am

The Notary Signing Agent “Loan Closing” – Process, Preparation & Pitfalls

Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.

The LO’s bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have “clear title” to the property? To protect the bank, the bank requires the borrower to pay for “Title Insurance” issued by a “Title Co.”. So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. “calls the shots”; as the Title Co. is the only party taking “risk”. If they do not issue the necessary insurance, there is no loan.

Eventually, after the loan has been approved, and the Title Insurance has been approved – usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID’s of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk’s office loses it on the way. That actually does happen.

At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.

At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent’s schedule, they negotiate a fee. That fee is based on the requirements to process the Loan
Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent – overnight, usually via FedEx or E-mail. The latter
has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a “work order” to the Signing Agent.

Now the ball is in the Notary Signing Agent’s court. Everyone who did anything prior to this point is depending on the NSA to get the borrower’s signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any “non borrowing spouse” is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the “work order” as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the “signing” and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property “vesting” name sometimes differs from the name on the borrower’s ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.

Finally, usually with barely enough time to print and drive; the E-document is received and two sets printed. If there is adequate time after printing, some NSA’s like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower’s location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in
residential neighborhoods.

The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to “swap a page” from the borrower’s copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and “attempts” to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.

Title Co.’s and Signing Services tell the NSA to “explain the documents, but do not give legal advice”. It’s a really fine line between the two. Most NSA’s choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest
rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit
worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong – because time has passed since it was originally signed – some debts
shown will be higher or lower.

Having been on several thousand signings the environmental aspects of the borrower’s premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room – to, and I am not making this up – a fruit fly infested room where the borrower pursues his
hobby of “naturally” raising Iguanas! There are many other pitfalls. In New York, the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course),
to “backdate” my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony – worthy of seven years in prison!

Finally the documents are signed and notarized, the borrower given the Notary Oath – and it’s off to FedEx to ship the documents to the Title Company. Well, not exactly. First somedocuments must be faxed, (lots of them if it will fund same day); and an airbill very carefully
prepared. Phone calls must be made to report success or failure “at the table”, and an invoice prepared. At last all is ready and the papers are handed off to FedEx.

Although the borrower thinks the “closing” has been completed – it actually has not even started. If I was a true “closing agent” – I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title
Company and they review them for errors. If their included documents, often called “junk docs” (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real “Closing” – which allows for issuance of the check that the borrower has been seeking.

Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver’s License. But, the bulk of the
impersonation potential is filtered at the source by the NSA’s diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office – at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage “melt down” disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.

http://kenneth-a-edelstein.com

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November 19, 2011

How do I fill out a Notary Journal Entry?

Filed under: Journals,SEO,Technical & Legal,Ultra-Popular — Tags: , , , , , — admin @ 12:56 am

How do I fill out a journal entry?
 
Please keep in mind that rules and standards for notary procedures can vary from state to state across the United States.  As a general rule, there are certain areas of confusion that we want to make it a point to clarify.
 
Q. Do I need to have a separate journal entry for each signature that I notarize? 
A. Yes!  Imagine that you are notarizing signatures on a set of loan documents.  Let’s say that there are four documents to be notarized and both husband and wife need to sign each one — you have eight notarized signatures and eight journal entries. 
One journal entry per notarized signature.
 
Q. Does each journal entry need to be signed?
A. Yes!  The individual whose signature you are notarizing needs to sign the corresponding journal entry.
 
Q.  What about thumbprints? Do I need to take a thumbprint?
A.  Sometimes!  For Deeds and Power of Attorney documents in California, you must take a thumbprint.  For other states, there are different standards, but it is always better to have a journal thumbprint just so you can be 100% sure of the signers identity.  ID’s can be forged, but thumbprints of a live person in front of you can not be forged!
 
Q.  What goes in a notary journal entry?
Date &Time,
Type of notarization (i.e. acknowledgment, jurat, oath, affirmation, protest, etc.)
Name of the document being notarized (i.e. affidavit, deed of trust, occupancy affidavit, etc.)
Document date (documents don’t always have a document date, but if you have 20 documents called “affidavit”, you need to distinguish them somehow and a date might help)
Name and address of signer
Identification of signer
Additional notes
Signature of the signer
Thumbprint of the signer (optional in many states)
 
Q.  What if I’m doing a signing that starts at 11:55pm and ends at 12:05am the next day, what date do I use?
A.  You can use either day, but I would date the notary act at the exact time that the signer signs your journal since that is a definitive POINT in time, rather than a range of time.  Some notary acts allow the signer to sign the document BEFORE they see the notary making the document signing a poor choice for a definitive point in time to date the transaction.
 
Q.  Can I make recommendations for what type of notarizations the signers should get since I know more than them?
A.  No! That is considered giving legal advice  (unauthorized practice of law) in many states. Let them choose on their own, although you can tell them what is “normal” as well as explaining the characteristics of each type of notary act in your state.
 
Q. What if many documents I am notarizing all have the same name?
A. It is good to distinguish documents by other characteristics. If you have 20 Grant Deeds to be notarized by the same signer on the same day, you can note the property addresses indicated on the Grant Deed to distinguish which document you were really notarizing. Otherwise, if you ever go to court, you will not be able to tell the judge if you notarized a particular Grant Deed for that particular signer. Imagine what would happen if he did a 21st Grant Deed after you left and forged your seal on the certificate section and claimed that you notarized it.  If your journal doesn’t describe EXACTLY which documents were notarized, you can get duped by a sophisticated fraud!
 
Q.  Name and address of signer, do I have to write this for each entry?
A.  You can write the name and address of a particular signer, and then draw an arrow down for all documents with that person’s signature being notarized. Each document gets it’s own journal entry per signer.  If you have Joe signing four documents and Sally signing four documents, make sure the journal entries for Joe are all sequential so that they will be consecutive and all in the same place.  Then below those entries you can write Sally’s name and address and a separate entry for all of her documents that she is signing.  Example: Lets say your journal page has eight entries.  Entry 1, 2, 3, and 4 would be for Joe. Joes name and address would be on the first entry along with a particular document name and other information.  For entry 2, 3, and 4, you would see different document names, and an arrow indicating that the signer was still Joe and that his information was the same.  Journal entries 5, 6, 7, 8 would be for Sally and her information would go on entry 5 along with a particular document’s name, and then 6, 7, 8 would have document names and an arrow in the name/address field to indicate that it is still Sally who is the signer.  Make sure Joe signs all four of his entries, and that Sally signs for all four of her entries, otherwise you get in trouble if audited.
 
Q.  How do I identify a signer?
A. Rules are different from state to state.  Some states allow a notary to personally know a signer to constitute being positively identified.  Others allow credible witnesses.  All states allow a signer to be identified through the use of current identity documents such as drivers licenses, passports, state identification cards, etc.  The documents (cards) must have a photo, signature, physical description, name, address, expiration date, and serial number to be acceptable.  Some states allow a card to be used for a grace period after it expires.  If your state allows the card to be used five years after it’s issue date, then you need to be able to read the code on the card to figure out when it was issued.
 
Q. Additional notes — what is that for?
A.  If you use credible witnesses, you document their signatures and other information in the additional notes section.  If you want to document unusual situations, or unusual characteristics of the signers, that is the place to put it.  If you are ever called to court, the information in your journal is the ONLY way you will remember the signing in many cases, especially if you do four signings per day over a course of 12 years.  Example: “The male signer Joe looked like a walrus.Sally had a squeeky voice and seemed nervous.”
 
Q.  Signature area – who signs in the signature area?
A.  The signer of a particular document signs in the signature area (not the notary).  Only one signature per journal entry.  If two people are signing the same document, just create a new journal entry for the second signer with the same document name.  This is not rocket science!
 
Q.  Thumbprint area – do I need to have a thumbprint?
A.  Please educate you on your state law. Some states require thumbprints for particular documents and others don’t.  It is better to have a thumbprint just in case you are called into court.  Your court case might be faster (or not happen at all) if you have proof of the identity of the signer such as a thumbprint.

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November 11, 2011

Notary Journal Thumbprints – they can save your neck!

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 8:23 am

Notary Journal Thumbprints
 
How adamant are you about taking journal thumbprints?  As a California notary public, you are required to take notary journal thumbprints for deeds effecting real property and power of attorney documents.  Notary thumbprint taking is a serious business and can keep you out of court.
 
Taking precautions as a notary
I have written other blog posts about precautions that notaries can take.  Notaries can use an inkless embosser in addition to an inked seal.  They can emboss every page of every document they ever notarize as a precaution against page switching which is a common crime that takes place after multi-page documents have been notarized. Taking a precaution of taking journal thumbprints is smart also, and can keep you out of court.
 
Suspicion of identity fraud
Let’s say that you notarized a signature on a document and that someone involved in the transaction suspects identity fraud.  The first thing they will do is to track down the notary who notarized the signature on the document and start asking questions about the signer. You will not remember the signer well, unless you took notes in your journal about what they looked like, how they acted, how old they were, etc.  But, if you have a thumbprint, that is absolute proof of the signer’s identity.  No two thumbprints are identical, and you can’t fake a thumbprint (forge a thumbprint) in front of a notary.
 
The investigation ended once I produced a thumbprint
If someone questions you about a particular notarization, and you say you have a journal thumbprint, the investigation might just end right there.  It happened to me as a California notary public during my first four year term. I saved myself from a potentially long visit to court.  I got a phone call from someone investigating fraud.  Someone had cheated some elderly people whom I had notarized.  One of the documents used to allegedly cheat them had been notarized by myself in my capacity as a California notary public. Since I had a journal thumbprint, the identity of the signers was no longer in question.  The person said they had no further questions the minute I told them I had a thumbprint. They didn’t even want a copy of the journal entry with the thumbprint.
 
Weak thumbprints with the elderly
The flaw of thumbprints are that elderly people often lose the tread on their fingers.  I am talking about really old people, perhaps in their eighties or nineties.  There is nothing you can do in that case, but at least you have a print, no matter how featureless it is. Personally, with signers over eighty, I recommend a retinal scan, which is not possible for a notary to take in 2011, but maybe in 2015… we can always hope.
 
Regardless of your state of commission
Whether you are a Florida notary public, a California notary, or notary in another state, if you are notarizing signatures on a power of attorney or real estate deeds, get a journal thumbprint whether it is required by law or not. That thumbprint could save your neck.  It is not a bad idea to require signers to give thumbprints for all documents and even oaths or affirmations.  It keeps them honest.  The minute they start making excuses why they shouldn’t have to be thumbprinted, that is suspicious behavior, and you might want to refuse service to them.
 
Bring wipes!
Don’t forget to bring wet naps or wipes of some sort.  It is polite to have something for the signer to wipe their hands off with.  Even with the NNA’s inkless thumbprinter which is a product I always had several backups in stock of, you should offer a wipe.  I strongly recommend having at least one inkless thumbprinter in your notary carry all bag!

Please visit our notary search page to see our notary public California page and notary public Florida page!

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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Filed under: Affidavits,SEO,Technical & Legal — Tags: , , , — admin @ 9:05 am

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

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October 22, 2011

Can a notary be a witness?

Filed under: Popular Overall 2011,SEO,Ultra-Popular,Witnessing — Tags: , , , , , , , , — admin @ 8:04 am

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Q&A for notary witness questions

Many people come to our blog to learn more about witness rules and credible witness requirements in various states.   We can not speak for all 50 states, but we will try to provide some good leads that can help you get your questions answered.
This blog entry will serve as a quick Q&A for some of the more common nationwide and state-specific notary witness questions.

 
How many credible witnesses are necessary?
Roughly 90% of states allow credible witnesses.  Please read:  http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  This forum post to learn the credible witness requirements for your state.  In California and Florida, if the notary knows the witness, then only one is necessary.  However if the notary does not know the credible identifying witness, then two would be necessary. In either case, the credible witness must provide identification, and swear under oath to the identify of the signer. In many cases, the credible identifying witness only knows the signer by some informal name and knows them as a neighbor or co-worker on a very informal basis.

Can a notary act as a witness?  Can a notary be a witness?
Unless your state law indicates otherwise, then yes, a notary can act as a witness. Please keep in mind that certain notary acts require the notary to witness the signature of the signer (jurats), while other notary acts do not (such as acknowledgements).  A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. It is an official notary act to be a witness in Delaware and Washington State as well.  It is common for people to ask a notary to witness signatures, since notaries are trusted state officials who would be a good impartial and responsible witness.
 
How to notarize a document when you have credible witnesses?
The credible witness(es) must sign the notary journal (rules vary state by state), and must produce identification as well.  The credible identifying witnesses must swear under oath as to the identity of the document signer.The credible witnesses do not actually sign any documents, they just sign the journal and help to identify the signers.

 Can a notary notarize with no ID and 2 credible witnesses?
Yes, if the notarization takes place in California, Missouri, Florida, Georgia, or Tennessee.
 
Nevada credible witnesses – is there a special form?
Nevada requires a special acknowledgment form for credible witnesses.
 
Can a notary be a witness to a Will?  Can a notary witness a Will?
Yes, a notary can be a witness to a will.  Some states allow witnessing as an official notary act as well. If it is not an official act, then the notary can charge any fee they like to serve as a witness.  Please keep in mind that notaries are discouraged from notarizing signatures on Wills without written instructions from an attorney.
 
Can a notary sign as a witness in Maryland? Can a notary be a witness in Maryland?
A notary can sign as a witness in Maryland, but it is not an official notary act in that state. 
 
Can a notary sign as a witness in Utah? Can a notary be a witness in Utah?
Yes, a notary can be a witness in Utah.
 
Can a notary be a witness in Texas?
Yes, a notary can be a witness in Texas.
 
Can a notary be a witness in New Jersey?
Yes, a notary can be a witness in New Jersey.
 
Can a notary be a witness in Pennsylvania?
Yes, a notary can be a witness in Pennsylvania, although it is not an official notary act.
 
What are credible witness statutes?
Credible witness statutes and rules vary from state to state. We have a forum post that covers many states rules about how many credible witnesses you need.
 
Doesn’t a notary have to witness you signing in person?
This depends on the type of notary act.  For Jurats — yes… for Acknowledgments — no.  In either case, the signer must sign the notary journal or notary record book if that is required in your state.
 
If you live on the border of 2 states, are you permitted to witness signings in both states?
Since witnessing is not an official notary act except in Delaware and in New Hampshire (as far as we know), a notary can be a witness anywhere, in any state or country.
 
Can a notary charge for a witness signature?  Can a notary charge to be a witness?
Since this activity is not an official notary act except in Delaware, the notary can charge whatever the client will agree to pay.  No state government regulates how much a witness can charge.

Can I be a notary and a witness?
Sure!
 
What is a notary credible witness acknowledgment?
To the best of our knowledge, only Nevada requires a special acknolwedgment for credible witnesses.  However, credible witnesses may be used in most states to identify a signer for an acknolwedged signature.
 
What is a subscribing witness?
A subscribing witness could be someone who witnesses a principal sign in a proof of execution — OR, it could be a person who witnesses an elderly person do a signature by X signing.

You might also like:

Power of Attorney information

Can a notary witness a will or notarize one?

California Credible Witness Requirements

Oath of two credible witnesses

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October 7, 2011

Notary Acknowledgment Information

Filed under: (5) State specific,Notary Acts & Certificates — Tags: , , , — admin @ 9:37 am

Notary Acknowledgment Information 

The most common notarial act is an Acknowledgment.  Other common notary acts include Jurats, Oaths, and Copy Certification of documents.  Notary law and current notary wording vary from state to state, but certain laws are fairly standard. 
 
The signer of an acknowledged signature may sign the document BEFORE seeing the notary. The point of having a notary acknowledgment is to prove that you acknowledge signing a particular document, and for the notary to positively identify you. 
 
Current Acknowledgment wording varies from state to state
Although the wording can vary, the basics include: (1) A venue that should indicate the state and the county where the notarization took place. (2) That the signer APPEARED BEFORE the notary public.  You can not have an acknowledgment unless the signer appears before the notary.  The only notary act that allows the signer not to appear before a notary is a proof of execution, and few notaries have ever completed that act.   (3) The date when the signer acknowledged the signature before the notary should be included in the verbiage. The signer could sign the document five years previous to seeing the notary, but the date the signer appeared before the notary is the date that the signature was acknowledged.  Incidentally, you could have the same signature on the same document acknowledged twice on different dates. (4) There should be wording to indicate that the signer acknowledged signing the document.  Basically, the act of coming to a notary to have an acknowledgment is considered a non-verbal acknowledgment that you signed the document. The document is refered to as an “instrument” in many states. It is also noted that the signer’s name is subscribed within the instrument meaning that the name is written in part of the document. The notary should check the signature on your identification to see if it matches too.  (5) The name of the signer and the notary must be documented in the verbiage. (6) There should be some documentation stating that the signer’s identification was proven.  Sometimes the wording, “Positively identified” is used.  The term “Satisfactory evidence” is often used to refer to a number of ways that a signer could be identified.
 
(7) The signature of the notary is commonly documented as the “seal” of the notary. This is not to be confused with the physical inked seal which is also a seal (confusing).   (8) Additionally, there should be a place for the notary to affix their official notary seal (stamp).  Some notaries use an embosser which is a type of seal that looks like a clamp and that can leave a raised impression in the paper with or without ink.
 
Summary
Acknowledgment wording should include:
(1) Venue
(2) Appeared before
(3) The date (i.e. 08-04, 2012)
(4) That the signer acknowledges signing the instrument that their name is subscribed to within
(5) Name of the signer and the notary.
(6) Proof of identity of the signer
(7) Signature (seal) of the notary
(8) A place for the notary to affix their official notary seal.
 
Sample Wording from California
 
State of California
County of Los Angeles
 
On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
 
I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
 
WITNESS my hand and official seal
 
——————————————                                        (affix stamp here)
       (Signature of Notary)
 
See some other pages with information about acknowledgments

Notary Public 101 – Basic Notary Acts
http://blog.123notary.com/?p=19500

Florida Acknowledgment Information

California Acknowledgment Information

Michigan Acknowledgment Information

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February 5, 2011

The Signing from Heaven

Filed under: Ken Edelstein,Ultra-Popular — Tags: , , — admin @ 8:10 am

The Signing from Heaven

The call comes in when you have nothing on your calendar. It’s for signing about 5 miles from your home. You notice that it’s from a very highly rated title company that you have been trying to link with for years. They are very exclusive about who they hire. They have several highly pro-notary policies. They always pay their notaries public in full, as long as you did not make any errors. It does not matter if it “closes” or not. If the borrower refuses to sign or rescinds; they consider only the work that you did. Their standard pay is $150 and the docs are always shipped to you at least 3 days prior to the signing date. The appointment is usually set 5 days prior.

When the docs arrive, (they ship them to you), you examine them closely. You notice that they took the time to accurately fill in the venue section with both the correct state and county where the signing will take place. There is no lengthy “Statement of Information”; only a request for a copy the signer’s IDs – and the borrowers are requested to sign the photocopy of their ID. The package is sent in a single PDF which includes the return airbill. The date of the signing has been set; however you are requested to arrange with the borrower a mutually convenient time for the actual signing. They respect and trust their notaries public and your check is included in the shipment.

You arrive at the signing location, with a nearby parking spot; to be greeted warmly. After introductions, they serve coffee and cookies on a spacious and well lighted table. They confirm that they have previously received and reviewed their “borrower copy” directly from the title company. They mention a mistake was found and provide you with a sealed FedEx envelope that they say contains, directly from title (the shipper’s address), a new HUD; to replace the one you brought. They inform you that you will also find in the envelope a note from the loan officer authorizing the document “swap”. You notice on the table the borrowers have prepared copies of their driver’s licenses and have placed the originals on top of the photocopies.

As you examine the IDs you notice that there are no sounds in the room. The TV is off, there are no children anywhere in sight; nor are any animals in the room. The borrowers tell you they have examined the entire package, and with the sole exception of needing a new HUD; they are ready to sign. Moreso, they request that you only present to them documents that need signatures, and that you “turn the page” on documents that do not need any signatures. When you reach the first page to be signed you notice that the spelling on the IDs exactly matches the spelling on the documents from the lending institution and title / escrow.

Processing the 87 page document set proceeds at a rapid pace. They sign using a neat clear full signature exactly as printed “under the line”. The borrowers have no questions, but do mention that they allocated a full hour to sign the documents. Half way thru the documents you are brought a refill of very excellent coffee, and a few more cookies. Towards the end of the document set the borrowers compliment you on your punctuality and mention their desire to send a complimentary letter on your behalf. After all the documents are signed, and the oath given; they mention a future need for a traveling notary and request your card. They notice the FedEx airbill/envelope and express appreciation that you will be handling the actual shipping of the package back for them.

Smiles and handshakes are followed by a last piece of cookie and final sip of that superb coffee.

Dear reader of this post regarding “The Signing from Heaven”;

The last line of this post can be found in a song by The “Bonzo Dog Doo Dah Band” specifically, the song title is: “I’m The Urban Spaceman”. Please find the lyrics – you will have to do a bit of hunting, to find the last 3 words of my post regarding “The Signing from Heaven”; which are also the last 3 words of that song.

You might also like:

Borrowers and their filthy homes

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February 2, 2011

Interesting and uncommon notary acts

Filed under: (5) State specific,Notary Acts & Certificates,Popular Overall 2011 — Tags: , , , , , , , , , , , , , , , — admin @ 8:30 am

Notary Acts
 
There are various types of notarial acts, and the rules and types of acts vary from state to state.  In this blog entry, I’ll go over all of the types of notary acts that I can find information about, and introduce some of the points that differ from state to state.  The states associated with each specific act are NOT necessarily the ONLY states associated with those acts, but are the state(s) that we are referencing.
 
Acknowledgment
An acknowledgment is the most common notary act and accounts for roughly 80% of all notarizations with Jurats being in second place.  Many states allow notaries to charge a maximum fee per notarized signature, while Florida’s fees are based on how many times you affix your stamp when executing an acknowledgment.
 
Affirmation
An affirmation is a type of Oath where there is no mention of a higher power (God).
 
Attesting to a Document’s Validity (AR)
This is a notary act that is peculiar to Arkansas.  I don’t recall seeing this as a possible notary act in any other state. Please visit our Arkansas Notary page for more information.
 
Authentication, Apostilles, and Magistracies (General)
These are general notary public procedures common to most states. However, less than 1% of notaries know how to do such notary acts, and you normally have to contact your state notary public division to learn the rules.  The process of getting one of these generally takes a minimum of a few days, and the price is usually high.
 
Certified Copies (WA)(CA)
Some states allow Certified copies of powers of attorney such as California.   Other states often allow a notary to make certified copies of any type of document.  New York doesn’t allow any type of certified copies. The type of documents that a notary may certify copies of vary from state to state.  Washington allows a notary to charge $10 per certified copy of any document for example.
 
Copies of Journal Entries
California notary law allows a small fee of 30 cents per entry for notaries to charge if a member of the public needs a copy of a specific journal entry.  The notary should be careful to make sure that all other transactions recorded in the journal do not show up on the photocopy sent to the individual making the inquiry to protect people’s privacy.
 
Depositions – Certifying Depositions (AR)
Most states use the term, “Take a deposition” while Arkansas allows notaries to certify a Deposition.  Some states allow a fee for the Deposition and then another fee for each oath to each witness.  Rules vary from state to state.
 
Document Copy Charges (CO)
Colorado notary law allows a notary to make copies of documents and charge for this act.  This act ensures that the copied document is a real copy and not a different document or one that is slightly altered.  If you are in another state that doesn’t have this type of notary act, its still advisable to witness the photocopying of documents that are to be certified as copies. Its also not a bad idea to make a notation on the document that you witnessed it being photocopied even though thats not an official act outside of Colorado that we are aware of.
 
e-Notarizations
Rules for e-notarizations differ from state to state.  The main point is to use an electronic journal to record transactions and for the documents to be online or electronic documents.  e-signings are signings where some of the documents are online while others are printed out.  A regular journal is used when doing an e-signing although the signature on the document is electronic.
 
Jurat
This is the second most popular notary act.  A Jurat requires the signer to sign the document before the notary and to take an Oath before the notary as well regarding the document or verbiage.  Several years ago, Jurats did not require identification in many states, but as of 2011, almost all states require the signer / affiant to be positively identified for this notary act.
 
Marine Protest (RI)
Rhode Island is the only state we have seen to have a separate fee for a marine Protest.  A Protest is an act where
someone Protests non-payment of a bill.  A Marine protest or sea protest is a statement where a captain or officer can include relevant details about the ship, voyage, cargo, drafts, date of departure, date of arrival in next port. This type of act is used if unfavorable weather conditions were encountered.  The Marine protest will protect the vessel and their owners from further claims brought forward by charterers, shippers, and cargo receivers.
 
Non-Certified Copies (VA)
Virginia allows for notaries to make copies that are not certified.  A non-certified copy if for information only and is not accepted for legal purposes such as school enrollment or applying for a drivers license or passport.
 
Oath
Most if not all states allow notaries to take Oaths.  An Oath is a solemn promise or statement where the affiant swears that they are telling the truth.
 
Photocopying & Supervising Photocopying (AR)
In Arkansas, a notary can get paid to photocopy documents or supervise the photocopy of documents. 
 
Proof of Execution
This notary act requires a subscribing witness who sees the principal sign a document.  The subscribing witness appears before the notary public.  This act is the only notary act where the actual signer doesn’t appear before the notary.
 
Protest
This type of notary act is where an individual protests the nonacceptance or non-payment of money owed.
 
Safe Deposit Openings (NY)
Here is a unique notary act only allowed in New York and Florida that we are aware of.  The notary must witness the opening of a safe deposit box and record the contents of the box in a certificate, but not in their journal.  Please click on the link to read the details.
 
Taking a Renunciation of dower or Inheritance (SC)
Please see the South Carolina notary division’s website for details on this unique notary act.
 
Verification – Taking a verification upon an Oath or Affirmation (DE)(PA)
Please consult the Delaware or Pennsylvania’s notary division website for more information on this unique act.
 
Weddings (ME), (SC), (FL)
Notaries in Maine, South Carolina, and Florida can solemnize weddings.  Notaries need to be familiar with the procedure and proper wedding etiquette to provide this type of service.
 
Witnessing an Absentee Ballot (FL)
Notaries are not allowed to charge for this notary act in Florida, or California. 
 
Witnessing or Attesting to a Signature (DE)
Attesting to a signature simply means witnessing a signature, and then signing your own name to document that fact that you witnessed a signature.  Delaware is one state of many that considers being a witness an official notary act.

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