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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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January 1, 2011

Thank You – Excuse Me – I’m Sorry

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 11:36 pm

Thank You, Excuse Me, I’m Sorry
Now that’s an odd title! But the three are actually related, much more so than you might expect. The first thing that comes to my mind is the term (that applies to each) underused. The second term that seems to apply is overused. Paradox? Of course. My regular readers expect no less from me, and this blog will not disappoint you.

GENUINE Thank You(s) are way too few and far between. When you are leaving the borrower’s home do you take a moment to say “Thank You for your time”? Do you send a Thank You when receiving an assignment? Think back when you were a little kid. Mom often said “What do you say” to prompt you for giving a Thank You to the person who did a kindness to you. Mom stressed that thousands of times to drill it into your little brain so it would become a lifelong part of you. When did you start to forget that Mother Knows Best?

Thank You is just the first two words. They should be followed by “for” and a description of what action the recipient has taken to earn your gratitude. Thank You for your nice compliment about my shoes, is an example. A Thank You without details seems robotic and a bit hollow; kinda like an autonomic mindless reflect statement. Make your Thank You genuine and actually talk with substance and conviction; let them know your words are relevant and genuine.

Excuse Me has some very interesting uses. Recently, it seems to be spoken after deliberate bad manners; to absolve the transgressor for their misbehavior. It does not accomplish that objective. I know one person, basically a nice guy, who has a most annoying habit. He constantly interrupts when I am speaking to him. His interruptions are always prefaced with a loud “EXCUSE ME” followed by whatever he wanted to say. He seems to feel that a formerly used for politeness term can be invoked to permit bad manners. A real Excuse Me is for, typically, an accidental transgression. You are in the supermarket reaching for the last can of tuna that has been marked down. Just as your hand is about to grasp the can, the shopper behind you, moving a bit quicker; snatches the tuna for their shopping cart. You are momentarily stunned by their action. They say “Excuse Me”, Jeremy would not publish what I would say to that shopper.

Lastly, I come to “I’m Sorry”. So very inappropriately used, especially by business entities. As I write this I am waiting for an item to be delivered that should have been here yesterday. I ordered the item at 10AM and paid for 2 day FedEx delivery. I was assured it would be shipped the day ordered and arrive in 2 shipping days. Well, today is the third day and I checked and found the item is “Out for Delivery”, a day late. When it did not arrive yesterday I called the vendor and complained that I paid for 2 day delivery and did not receive the service that was promised and paid for.

“I’m Sorry” about the delay, we did not ship till the day after you placed the order. You did order in plenty of time for us to make the shipment that day, again we are sorry about the situation. My response was direct and probably a bit on the aggressive side: I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children. Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.Kindly refund the price of the shipping. There is a 2 day FedEx rate and a 3 day FedEx rate. Subtract the smaller from the larger and refund it to me. I’m sorry does not “cut it” in commercial transactions. I was fortunate to speak to a senior manager who appreciated the logic of my argument and issued a partial refund.

As a http://newyorkmobilenotarypublic.com I have ample opportunity to say Thank You, Excuse Me, and I’m Sorry. I thank persons who extend me a courtesy, such as selecting me for a notary assignment. I ask that the homeowner excuse me when I forgot to wipe my shoes on their entrance rug prior to entering their spotless house. I have made I’m Sorry but I will be a few minutes late calls; when stuck behind a fire truck on the way to a signing. They are magic terms, when used appropriately. It is the intentional misuse of these phrases, as a perceived exoneration for anti-social behavior that leaves a very bad impression. Sincerity, politeness and honesty will never go out of style.

Tweets
(1) I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children.
(2) Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.

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Eyes on the Notary

Filed under: Ken Edelstein — Tags: , , — admin @ 10:37 am

Eyes on the Notary
Actually, they are electronic eyes. The ever present surveillance cameras are everywhere. That footage you watched on the evening news is a prime example. But, let me back up a bit, and first discuss some older technology. Pictures. On a few occasions over the years, I have been asked to permit the borrower to photograph me. I tell them it’s unnecessary, my picture is on my web site. They usually persist, perhaps wanting a photo of me in their house in case the silverware is found to be missing after my departure. Kidding aside, they want to take a picture of the notary. Often I am called the “closer” or similar; I always correct that misunderstanding.

Here in population dense Manhattan, where I live; cameras are everywhere. The police have them on high poles to record traffic infractions and the public in general. Private buildings “log” who enters; they also have cameras in front to monitor (and record) what occurs on the sidewalk. There is nothing anyone can do to avoid being recorded. I venture a guess that my license plate is recorded dozens of times going to and fro even the closest assignment. Many homes with infants have “nanny cameras” that allow mom to see and hear junior; a good use of the technology.

However, it is the surreptitious in a private home that seems to me to be going too far. Some security systems are set to record perpetually. They keep “stuff” for a week or so, and then reuse the disk space for new video. It kinda makes sense, in a home invasion you probably will not have a chance to turn on the camera. I am sure many of my, and your, signings have been recorded. Is that a good thing? My first thought is that, knowing I don’t do bad things, the video would provide to me proof of no misbehavior. But, there is always the possibility to “edit” the recording, and thus make it show a false scenario. Amazing things can be done with video editing.

As in the “arms race” where each new development is superseded by a still newer methodology; I ask if the notary should also record. I know, this is a toxic subject with no possibility of a right solution. I choose to not record signing sessions. There probably are notaries with discreet tiny tape recorders who capture the audio. They probably want to have proof that they did not “cross the line” in performing their duties to the highest standards. Claims that they “pushed” the deal, or were naughty in other respects can be defended. To my knowledge, from various notary sites, this issue has never really been discussed.

We live in a litigious world, and the tools of audio and video recordings show up in TV coverage and in courtrooms. I think the signing agent has a right to know if they are being recorded. But, it would feel awkward to ask “are you recording this signing”. In a similar manner, asking for the borrower’s permission to audio tape is equally weird. Thus, we have an interesting situation. Some homes are recording all activities without notification. And, there has to be some notaries out there who don’t ask, but proceed to record the session, again without notice or approval.

Don’t look to me for solutions, I have none. It’s a privacy issue, a subject that we deal with daily as we preserve the confidentiality of some very sensitive documents. That, we understand and are good at. But, the issue of stealth recording remains, and is rarely if ever discussed. This blog entry is to open the topic for discussion. There has to be a solution or procedure that addresses the issue. I ask for your thoughts and comments. I’m not the brightest bulb in the chandelier, some really smart people are reading this. Please, comment and open a dialogue on this ignored topic.

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November 29, 2010

Just Say No Article #2

Filed under: Just Say No!,Legal Issues,Technical & Legal — Tags: , , , , — admin @ 12:02 am

Assisting with Immigration issues
If you are not an immigration expert, don’t answer immigration questions and don’t advertise yourself as an immigration expert. However, notaries are allowed to notarize many types of immigration documents. Just don’t give advice.

Assisting with legal advice
If asked for legal advice, if you are not an attorney, please refrain from giving legal advice as it might constitute unauthorized practice of law. Drafting legal documents, i.e. documents to be used in court or submitted to a judge or attorney could constitute legal advice or service (unauthorized practice of law) in many states. Don’t even offer to recommened particular notary procedures for their document, as that also could constitute unauthorized practice of law.

Backdating
Putting a date on a document’s notary certificate section that is previous to the current date is considered backdating and is illegal. Don’t backdate. Many signing companies will ask you to backdate when they are in a pinch and will lose their lock on the borrower’s loan. That is their problem, not yours. If you backdate you could lose your commission if you get caught. It is a misdemeanor in many states to ask a notary to commit fraud, so you can report a company that asks you or coerces you into backdating.

Don’t make notarial recommendations
Customers always ask what type of notarization they should get. You are not allowed to tell them in many states. You can describe the attributes of the various types of notarizations and ask what the document custodian would like too. Just don’t make recommendations.

Letting your boss review your journal
Your boss can not inspect your journal on their own. However, if you are present, then its okay if your boss inspects the journal. The notary should not let the public see journal entries unrelated to their specific business. Its best to make a copy of the journal entry that blocks out other entries to protect the privacy of the others who you notarized. If not all of the notarizations are related to your boss, it would be better if you make a copy of the journal entry in question rather than letting the boss look at the whole journal while you are there.

Blanks?
Don’t notarize a document with blanks in it. The blanks must somehow be filled in or crossed out. Otherwise you must decline from notarizing that document.

Lock up your seal and journal
Not all states require a seal and journal, but these instruments are the exclusive property of the notary and must be kept under lock and key. Don’t let others use them or you can get in big trouble, and so can the person who used them.

Don’t notarize parts of documents
If you are handed page three of a long document, you can not notarize it as a separate entity. Documents must be in their complete form to be notarized. Don’t only notarize the last page of a document — the page that contains the certificate wording either.

Failure to emboss?
Its not required by law to emboss pages, but if you choose to emboss every page of every document you notarized, it becomes difficult to substitute pages of documents without getting caught. Embossers leave a raised seal that can not be photocopied, so you will be detering a lot of funny business using an embosser.

You might also like:

Notaries that fail and what they did wrong!

Everything you need to know about journals

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

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November 24, 2010

Signature By X

Filed under: Credible Witnesses,Notary Acts & Certificates,Technical & Legal — Tags: , , , , , , , , — admin @ 9:05 am

Signature by X — Signature by Mark
Many notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure  (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be accutely aware of the limitations that a signer has in tasks we take for granted.  Many elderly signers with physical disabilities can not even sign their own name, or more their own arm with any coordination.  This necessitates signature by X procedures.
 
What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
(1) You need two subscribing witnesses who witness the signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal
(6) Keep in mind that this is a very unusual notary procedure and is tricky.
 
Be careful!
If you have ever done a hospital signing, the signer could be drugged, may not have current ID, or may have overly zealous relatives who move the patient’s arm to get them to sign their name. This is not acceptable. The signer must sign their own name.  Arms of others may be used as braces to limit the motion of the patient’s arm, but you may not actually move the signer’s arm around, otherwise that is like forgery — well intentioned forgery — which is still illegal.
 
Subscribing witnesses?
What is a subscribing witness?  Anyone who witnesses someone signing by X is a subscribing witness.  They sign the document and the journal.  In California, one witness signs the signer’s first name and the other signer signs the signer’s last and milddle name (if there is one ). Its good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange.  Its prudent to indicate the subscribing witnesses names on the actual document and that they witnessed the signature by X.
 
Comprehension
When notarizing the elderly, make sure they understand the document. The last thing you want is to end up in court because an elderly person has been defrauded out of their life savings with paperwork notarized by you.  Make sure the signer has read all the documents.  Elderly people get scammed much more than the rest of us simply because they are more vulnerable and less on the ball, especially when they are regularly drugged in a hospital.
 
Related Terms:
http://www.123notary.com/glossary/?subscribing-witness
http://www.123notary.com/glossary/?signature-by-mark

You might also like:

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

How much can a notary charge for swearing in a witness
http://blog.123notary.com/?p=2447

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Notarizing the elderly – do more digging to be sure it is legit
http://blog.123notary.com/?p=20038

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November 4, 2010

The Florida Notary issues and quirks

Filed under: Florida Notary — Tags: , , , , , , , , — admin @ 10:21 pm

Florida Notary Issues and oddities

Understanding a document
A Florida notary public is NOT required to be able to read all documents being notarized by them, but the signer must be able to read the document. The document must either be in English, or a language the signer can read. This is differently worded from many other states. In California, the notary must be able to communicate directly with the signer, but does not need to understand the contents of the document, nor do the contents need to be in English.

Foreign language signers
The notary must be able to communicate directly with the signer without the help of an interpreter in California. So, if the signer brings their children along to help translate, the notary must decline the job unless direct communication is possible. But, in Florida, the statutes do not specify that the notary and signer must be able to directly communicate, but specify that the signer must have the document translated into a language they understand in order to qualify to get their signature acknowledged.

Verifying a VIN #.
Another unusual official act of a Florida notary is to be able to verify a VIN number on a vehicle. The maximum charge for this is $10 per notary act.

Drafting documents
Other states simple forbid notaries from engaging in legal advice, but don’t spell out exactly what legal advice could consist of. A notary public in Florida is expressly forbidden from drafting any type of document for a client — both legal documents and less formal documents. A legal document is often described of one that might be used in court or submitted to a judge or attorney. Additionally, a Florida notary must not fill in blank spaces in documents as that also constitutes unauthorized practice of law or legal advice in FL.

The Florida Notary Manual page 58 states that a Florida Notary should only sell legal forms and type up documents written by their customers.

Disabilities
A notary in Florida may sign on the behalf of a person with a disability if the disabled person requests. Nobody has ever mentioned any rule like this before on any of our forums.

Notarizing for minors
The state of Florida allows notaries to notarize for minors and should ideally document the minor’s age next to their signature.

Incompetency
A notary may not notarize for an individual who doesn’t seem capable of understanding the meaning of the document being notarized.

Marriages – I do!
Florida notaries may solemnize marriages if the couple provides a marriage certificate. ME, NH, and SC, plus one parish in LA are the only other states we have heard of that allow notaries to conduct marriages, but they need a special extra license in NH to the best of our knowledge. The notary may make up their own verbiage for the marriage, and then complete an official certificate for the marriage.

Also Read: Letter to the Florida Notary Division
http://blog.123notary.com/?p=19896

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November 3, 2010

Notary Public – Ohio odd rules

Filed under: Other States — Tags: , , , , , , , , , , , , — admin @ 8:19 am

Ohio Notary odd rules and practices

If you are interested in oddities of notary laws in various states, rules for Ohio Notaries can sometimes be odd.  Here are some odd Ohio Notary rules / Ohio Notary Laws.

Here are a few examples.

(1) Signature by X
Many states allow signature by mark where the signer signs with an X. This is generally for very elderly signers who can’t sign their name properly. In California and many other states, two signing witnesses are required for this act. If you are an Ohio Notary, you can use a specially worded acknowledgment called a “Signature by mark acknowledgment”. I think this wording is helpful, because it helps to remind the notary what this odd procedure entails. Notaries do signatures by mark very infrequently and most don’t even know how to do it. The wording is:

State of Ohio
County of __________________

On the ____ day of ____, _______, before me, the undersigned notary public, personally appeared __________, personally known to me or proven on the basis of satisfactory evidence to be the person who made and acknowledged his/her mark on the within instrument in my presence, and in the presence of the two persons indicated below who have signed the within instrument as witnesses, one of whom, ________________________, also wrote the name of the signer by mark near the mark.

Witness my hand and official seal

_____________________ (Seal of Ohio Notary)

(2) Attorney in Fact Acknowledgment
An Ohio notary public can also use the form called an Attorney-in-fact acknowledgment individual. This particular form has he/she, his/her, etc., and is meant for an individual signer, not a duo, or multiple signers.

(3) Corporate Acknowledgment
There is also a corporate acknowledgment that Ohio notaries can use which documents the corporate position of the signer. I inserted the term (capacity), meaning the person’s job title. Here is the official Ohio notary verbiage  / Ohio notary wording:

State of Ohio
County of ____________

On__________, 20__, before me, the undersigned notary public, personally appeared _____________,
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the instrument as the ___________________ (capacity) of _____________ (name of corporation), a corporation, and acknowledged to me that such a corporation executed the within instrument pursuant to its by-laws, or a resolution of its board of directors, and that the seal that is affixed to the within instrument is the corporate seal of the said corporation. Witness my hand and official seal.

_________________________ (Seal of Ohio Notary )

(4) The term of office
An Ohio Notary Term of Office is five years. This is roughly the national average for number of years of a notary commission.

(5) An Ohio notary can take depositions
— can transcribe a testimony in a law suit in court.

(6) Credible Witnesses in Ohio
A credible witness can identify a signer for an Ohio Notary. However, no oath is necessary for the credible witness. Many other states require the credible witness to raise their hand and swear under oath to the identity of the signer.

You might also like:

Credible Witnesses when ID and docs have different names

Become an Ohio Notary public

Can a notary be a witness?

Ohio Notary Stories from the Edge

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October 21, 2010

Massachusetts Notary Odd Information

Filed under: Other States — Tags: , , , , , — admin @ 5:33 am

Massachusetts notary odd rules and conditions.

A Massachusetts notary has restrictions about signing loans since Massachusetts is an attorney state. But, many Massachusetts notaries still sign loans. In Georgia, notaries never sign in-state loans in my experience because the rule about non-attorney notaries not being allowed to sign loans is more strictly enforced.

Massachusetts is the only territory in the United States that is a commonwealth, not a state, but we call it a state in any case.

The secretary of the commonwealth does not regulate the activities of Massachusetts notaries. A Massachusetts notary public is regulated by the governor.

Massachusetts notary fees are pitifully low.
A protest for over $500 – the notary can charge a fee off $1.00, or 50 cents for a protest for a lower value. These fees are suitable for the 1800’s, but a modern day notary can not make a living making pennies for their work.

A 50 cent fee for recording a protest is allowed. A fee of 75 cents is allowed for noting the non-acceptance of a non-payment for a bill of exchange. For each notice of non-acceptance or non-payment of a bill of exchange, order, draft, check, or note, given to the party liable for the payment thereof – a fee of 25 cents.

The whole cost of a protest including all notices and record: $2 for amounts $500 or more, or $1.50 for protests under $500. Costs for noting, including recording and notices shall not exceed $1.25.

Interesting witnessing rule
A Massachusetts notary public may ONLY witness documents while physically present in Massachusetts at the time of the notarization.

The Governor recommends:
Common places to look for a Massachusetts notary include city and town halls, courts, banks, law offices, insurance companies, drug stores / pharmacies, and in the phone book. I wish the governmor would also recommend 123notary.com. I think that the Massachetts notary materials on state websites were written more than ten years ago.

What is the purpose of the executive order?
Up until the effective date of the Executive Order, there had been no guidance for Massachusetts notaries public about what to do and how to do it. The Executive Order provides that information. In addition, there have been no safeguards in place to help prevent fraud, forgeries, and other misconduct by a small but significant number of notaries. The Executive Order provides notice to notaries as to what behavior constitutes misconduct, and then allows the Governor to remove or decline to re-appoint notaries who are engaging in misconduct.

Which Massachusetts Notary is required to keep a journal?Non-attorney Massachusetts notaries are required to keep a journal. But, shouldn’t the attorneys keep one too? Paralegals are exempt from keeping a journal too. Records are records, and everyone should keep records in my humble opinion.
A Massachusetts notary public who is employed by a bank can…
“Conducting a real estate closing involves the practice of law in Massachusetts. Thus, non-attorney notaries public may not conduct real estate closings. A notary public who is employed by a bank may notarize a document in conjunction with the closing of his or her employer’s real estate loans. Also, a non-attorney notary public who works for a bank may notarize bank documents relating to an equity line of credit or a refinance mortgage, absent other violation of the Executive Order.”.. from the Governor’s website.

Term of office
A Massachusetts notary holds their office for seven years.

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October 14, 2010

New Hampshire notary public eccentric rules

Filed under: Other States — Tags: , , , , , , , , , , — admin @ 10:06 pm

New Hampshire Notary Public eccentric laws.

Introduction
A notary public in New Hampshire has different possibilities than a notary in most other states. The rules for a New Hampshire notary are different and its interesting to learn about. New Hampshire notaries can become a justice of the peace, or commissioner of deeds in addition to having normal notary capabilities.

Justice of the peace
Anybody who wishes to apply to become a Justice of the peace must be a resident of New Hampshire and have been a registered voter in New Hampshire for at least 3 years before the date of the application. The applicant must sign a written statement with an accompaning oath as to whether or not they have ever been convicted by a crime that has not been annulled by a court, other than a minor traffic violation. Two justices of the peace and one registered voter of New Hampshire must endorse the application for appointment. The applicant also needs to complete a State Police records check form. There is a $75 fee for a five-year commission.

Become a notary, justice, or commissioner in NH
To become a New Hampshire notary public or New Hampshire justice of the peace or New Hampshire commissioner of deeds, you apply to the Secretary of state’s office — state house, room 204, Concord, NH 03301 or email to elections@sos.state.nh.us

The term of a New Hampshire justice of the peace is five years from the date that the Governer and Council confirms your appointment. The new New Hampshire justice of the peace must sign and take their oath of office in the presence of two Notaries public or justices of the peace, or one notary public and one justice of the peace. Then, the oath must be returned to the secretary of state’s office as soon as possible. The recently appointed New Hampshire justice of the peace should keep their commission in their records. Additionally, an index card must be signed and returned to the superior court of the county in which the person resides.

Justice of the peace – capacities
A New Hampshire Justice of the Peace has some capacities similar to a New Hampshire notary. Both designations allow the officer to do acknowledgments, but do not require an official seal when doing so. However, the state recommends using an official seal when performing duties specific to a New Hampshire Justice of the Peace.

In addition to acknowledgments, a New Hampshire justice of the peace can do all the same acts as a regular New Hampshire notary public such as Oaths, Affirmations, Jurats, Depositions, Copy certifications, and Protests.

The two special acts that a justice of the peace can do that notaries in most states can not do are: officially witnessing signatures and performing marriages. Florida notaries can also perform marriages with a special designation.

New Hampshire Commissioner of deeds
The powers of a New Hampshire commissioner of deeds are actually less than those of a New Hampshire notary or justice of the peace. The commissioner of deeds can administer oaths BOTH IN AND OUT OF New Hampshire, for documents that will be used in New Hampshire. They can take depositiosn and affidavits, plus acknowledgments. However, the NH Secretary of State’s website gives no accounting of whether they can do Jurats, Protests, Copy certifications, or other typical New Hampshire notary acts.

New Hampshire notary public application
If you are at least 18, and a resident of NH, you can apply to the secretary of state in NH to become a New Hampshire notary public. There is a $75 fee, and the commission is good for five years. Please visit http://www.sos.nh.gov/notary.html for more details.

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September 7, 2010

Everything you need to know about journals

Filed under: Comprehensive Guides,Journals,Popular on Facebook (A little),Popular on Twitter 2010,Technical & Legal — Tags: , , , , , , , , — admin @ 7:20 am

Everything you need to know about notary journals.
Not all states require a journal of official notary acts. However, it is wise for notaries to keep a journal, as it is a record of all notary acts that they have ever done. A notary journal is a bound and sequential book containing records of all notary acts done by a particular notary. If a notary completes all the entry of a particular journal, they can start a second journal.

What goes in a journal entry?
(1) The date and time of the notarization
(2) Type of notarization
(3) Name of the document and document date (if there is one ),
(4) Name and address of the signer
(5) Type of identification ( personally known to the notary, credible witnesses, or ID document )
(6) State/Country, Serial #, and expiration date of the ID.
(7) Additional notes
(8) Signature of the signer
(9) Thumbprint of the signer
(10) Notary fee charged (if any)

The additional notes section is a part of the journal not understood by many notaries.
If credible witnesses are used, their signatures and ID’s should be recorded in the additional notes section.
If any unusual situations arise during the notarization, or there is anything unusual about the signer or the venue, that should be documented in the additional notes section. If travel fees are charged, that too can be documented in the additional notes section.

Journal thumbprints
Not all states require journal thumbprints. However, documents effecting real estate or large amounts of money should have a journal thumbprint accompany their notarization. A thumbprint is the only absolute way to identify a signer if fraud is suspected. ID cards and signatures can be forged, but a person’s thumbprint is unique to that individual. If a notarization is ever investigated due to suspicion as to the identity of the signer, a thumbprint can end the investigation cold in its tracks and possibly save the notary from having to appear in court.

Lock and key
The notary must keep their journal under lock and key. Bosses, co-workers, family members, and strangers alike are not allowed to inspect the notary journal without the presence of the notary. They are not allowed to do notarizations with the notary’s seal and journal under any circumstances.

Lost, stolen, or damaged journals
If your journal gets lost, stolen or damaged, contact your state’s notary division immediately and let them know what happened in writing.

What do you do with your journal when your commission is over?
If you don’t renew your commission, ask your state notary division what to do with your journal. It is most likely that they will need to be submitted to your county recorder’s office.

Where do I purchase a journal?
Notary journals can be purchased from the NNA, or from many other vendors on the internet. Some local office supply stores might have journals too, although that is not a predictable place to buy journals unless you are sure they have them.

How many journal entries do I create?
If one signer signs one document, create one journal entry. If one signer signs two notarized documents, that would necessitate two journal entries. If three signers each sign two notarized documents, thats six journal entries, all of which need to be signed by the corresponding signer.

Where do I keep my journal when I’m not using it?
Keep it under lock and key. You can have a notary carry all bag with a mini-lock, or keep it locked in a desk drawer to which only you have the key. Nobody else should ever be able to access your journal

What if someone has an inquiry about a particular journal entry?
Just ask them what the date of the notarization was and the name of the signer, and look it up in your journal. If you have several journals in your archives, you may have to go through your archives. You can make a copy of the journal entry and send it to the person making the inquiry, but hide information pertaining to notarizations of other individuals on that same page.

Tweets:
(1) A journal entry must include: time & date, type of notarization, doc name, name & address of signer…
(2) Journals must be kept under lock & key and returned to the county clerk at the end of your commission.
(3) Learn the finer points of journal entries: where credible witnesses sign, thumbprints & notes.
(4) Everything you need to know about journals, but were afraid to ask.

You might also like:

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

How do I fill out a Notary Journal entry?
http://blog.123notary.com/?p=1725

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