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June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

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April 11, 2015

Point (17) The APR; Marcy Practices Explaining the APR

Marcy’s husband came into the room and said, “It sounds like a broken record in here, what are you doing?” Marcy, having grown up with CD’s couldn’t understand the analogy. Marcy informed him that she was practicing explaining the APR. But, that the definition was long and complicated, so she had to keep saying it over and over until it was natural. Then, tomorrow she planned to do the same thing. You get in practice, and you get out of practice just as easily, so Marcy decided to always be at the top of her game.

That night while they were sleeping, Marcy started talking in her sleep, “It doesn’t include closing costs… it is compounded annually.” If her husband hadn’t already been asleep, he wouldn’t fallen asleep from such a boring rant. Her husband was sleeping during this episode, but his subconscious heard everything and he started talking in his sleep saying, “Why can’t she just stay home and take care of Chuckie? snore…. snore… Chuckie…. snore…”

So, Marcy got to her next signing. They went through the documents. Then, she said, “Do you want me to tell you why your APR is higher than your Rate?” The borrower said, “Actually, our Lender already told us.” Marcy realized that her borrowers knew more than she did about loans. But, she didn’t regret practicing. It was one less thing to screw up on some future loan. At this point Marcy didn’t care how often she had to know something, she just didn’t want to screw up and lose her self-respect. It took about seven more signings until she had a borrower who was very confused. Marcy rattled off her definition of the APR and the borrower had to ask her to repeat it slowly. After a few tries the borrower kind of understood the inverse relationship of the equation and how some of the fees and closing costs were deducted. Marcy had memorized exactly which fees were included or excluded from the formula for calculating the APR and people were very impressed with her knowledge. A few asked her if she was an Escrow Agent.

Marcy was also smart by including a disclaimer in her speech stating that her explanation of the APR was a general one and wasn’t necessarily applicable to the borrower’s particular transaction in all ways.

The next thing you know the borrowers were asking Marcy for legal advice. Once again, Marcy played her cards correctly and told them that she was not an Attorney, and that she could not answer legal questions for them. Then, she suggested that they contact an Attorney. Another smart move. It looks like Marcy went from being clueless to being a very savvy and satisfied Notary in only a few weeks of hard knocks and studying. That night in her sleep, she went “z-z-z-z-z-z.”

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Point (17) The APR
The APR is one of the most frequently asked about loan terms that exists. Notaries and Mortgage Brokers almost always sound very poorly rehearsed when they explain this very basic concept. To avoid sounding unprofessional, try to memorize as much as you can about how the APR is calculated, and also try to rehearse a comprehensive definition of the APR so that you will appear knowledgeable to clients and to us when we test you!

Quick Facts

(1) The APR is documented on the Truth in Lending Disclosure.

(2) The APR is usually but not always higher than the Rate.

(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.

(4) If you mention that the APR is often used to compare loans, you get points on the phone test.

(5) If you mention that the APR might be compounded, you get points.

(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.

(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.

(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

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When we ask notaries about the APR, the answers we get are very inconclusive such as:

“It included the fees”
“It is the cost of the loan”
“It has the interest and fees”
“It is different from the Rate because it is annual”

How unprofessional. If you are a professional signer, you need a professional definition.

A Mortgage Company’s definition of the APR
The Annual Percentage Rate (APR) is an interest rate that is different from the note Rate. It is commonly used to compare loan programs from different lending companies. The Federal Truth in Lending law requires that mortgage companies disclose the APR when they advertise a rate.The APR does NOT change or affect your your monthly payments. Your monthly payments are a function of the interest rate as well as the length of the loan. We provide calculators to calculate your monthly payment as well as your APR.

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Jeremy’s official definition of the APR
The APR is the relationship between the payments and the amount borrowed, minus the fees expressed as a compounded annual rate. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the Rate. The Rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

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Fees included in computing the APR:
Points (discount and origination points)
Pre-paid interest
Loan processing fees
Underwriting fees
Document preparation fees
PMI – Private Mortgage Insurance
Appraisal Fees
Credit Reporting Fees

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Fees not normally included when computing the APR
Title or Abstract Fees
Escrow Fees
Notary Fees
Home Inspection Fees
Transfer Taxes
Recording Fees

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Although my delightful sounding definition of the APR sounds very professional, there is no reason why you shouldn’t come up with your own, and practice it until you sound perfect. One objection that I have is that Notaries sound unrehearsed when talking about the APR even if they have signed 10,000 loans. If you are a professional, then sound professional!

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (18-24) Technical Points
http://blog.123notary.com/?p=14492

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

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March 2, 2015

2014 excerpts from great notes sections

Filed under: Popular on Linked In,Your Notes Section — Tags: — admin @ 3:21 am

Here are some of the most interesting excerpts from notes sections on 123notary.com that I found in 2014. If you want to nominate other excerpts, I can add them after the fact!

(1) Look at all the services this notary advertises. He/She/They must be smart!
I have served XYZ County notarizing: commercial and residential loans, reverse mortgages, first and second mortgages, refinances, helocs, medical records, foreign adoptions, power of attorney, and so on. Apostille, authentication and certification services are also available.

(2) Check out the client list this notary has!
My clients range from attorneys, hospice, social workers, inmates, bail bonds, doctors and hospital patients.

(3) Here is a thorough notary
I stay in constant contact with whomever hires me, keeping them updated immediately upon receiving documents, contacting the signers, completing the assignment and supplying tracking numbers when documents are dropped off.

(4) Look at the long list of docs this guy does!
* Durable Power of Attorney/Healthcare Advance Directives
* Business/Personal contracts and agreements
* Credit Checks
* Landlord/Tenant issues and resolutions
* Collections
* Identity Restoration of Your Good Name
Legal Plans for:
* Estate Planning
* Consumer Finance
* Bankruptcy (Chapter 7,11, 13)
* Corporations (S corp. or C corp., LLC, or Non Profit)
* Unlawful Detainer
* Small Claims
* Divorces
* Child Custody/Child Support
* Name Changes
* Real Estate (contracts, deeds, quitclaims, foreclosure)
* Wage Garnishments (Disputes)
* Summons & Complaints
* Civil Suits (Being sued or sue someone)
& plus those not listed

(5) Give a call and your signing will go off without a hitch! LAX FedEx location late night drop 8pm.

(6) Don’t Move I’ll Be Right There! Fidelity National Title and First American Title approved Notary

(7) My motto is “Never say NO to a signing”.

(8) I give a one line explanation of every single document in the package.

(9) I specialize in last minute signings & off-hour signings

(10) Getting married or need a passport?
Services performed: PTT’s, PAP’s, POA’s, Acknowledgements, Jurats, Subscribing Witness, Copy Certifications, Affidavits, Trusts, Quit Claim Deeds, Refinance, Purchase, HELOC, Reverse Mortgage, Witness Only, Debt Settlement Agent, Notary & CPR Certifications, Pass Port Photos, LiveScan Fingerprinting, Field Inspection, Process Servier, and Weddings.

(11) This is my second career, after retiring in 2005, to fight a long and draining battle (18 surgeries) with Pancreatic Cancer, I am one of 4%, that survive this deadly cancer. Given a second chance at life, I decided doing nothing was not an option

(12) A former stripper decided to go into eSignings and offer “Laptop signings” (sorry for the bad joke)

(13) I am the only Mobile Notary in (name of city) with an A+ rating with the Better Business Bureau

(14) In addition to notarization’s I have conducted over 1,000 field service inspections: door knocks, merchant/site/business verifications, asset/collateral/lease inspections, and commercial loss control inspections.

(15) My references include Bank of America, Discover, Well Fargo, Quicken, Citi and many others. With all my career life spent in customer service, I know people! I will treat you and your clients with respect and honor, because that’s how I would want to be treated.

(16) I’m a transplanted New Yorker with Southern Charm. When your closing is crucial, you can count on me to be there on time and conduct the signing just as you would, if you could.

(17) 1500 loans signed; We cover 19 counties in the Western NC mountains with two notaries two 4wd drive vehicles, both with GPS. We go places you don’t even know are places and get your loan closed!

(18) Have something that’s a little “outside the box”? Strange hour? Specific or unusual instructions? Signer w/ special needs or requests? Not a problem, I can, and do handle it with no muss, no fuss, and no drama from the outset. I do it right the first time.

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You might also like:

2011 excerpts from great notes sections
http://blog.123notary.com/?p=1043

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

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February 15, 2015

30 Point Test Course Book: Synopsis

30 Points in Your Favor!
The 30 point course book is yet another certification course offered by 123notary.com. But, this one is different. Our original certification course was a very dryly written quick course designed to teach notaries basic competency in loan signing. Our Elite course was written in late 2012 and was designed to teach very sophisticated aspects of doing business as a mobile notary such as communication, marketing, hiring others, and the finer aspects of notary and signing agent work. This new 30 point course will have some elements from both of these previously written courses, but will focus only on the technical aspects of notary and signing agent work of all levels ranging from basic to very advanced. Also, be sure to read about the new loan document which goes over facts and figures about the loan called, “The Loan Estimate” which is similar in information to the TIL & HUD-1.

Required additional reading

Best blog articles for advanced Notaries – http://blog.123notary.com/?p=14736
Mobile Offices from A to Z – http://blog.123notary.com/?p=535
Signing Agent Best Practices – http://blog.123notary.com/?p=4315
The Prepayment Penalty – http://blog.123notary.com/?p=4429
The Loan Estimate (New) – http://blog.123notary.com/?p=15437

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Table of Contents

(1) Deed of Trust – http://blog.123notary.com/?p=14245
(2) The Note – http://blog.123notary.com/?p=14270
(3-4) Right to Cancel & Closing Disclosure — http://blog.123notary.com/?p=14291
(5-7) HUD, Occupancy Affidavit, Grant & Quitclaim Deeds – http://blog.123notary.com/?p=14546
(8-9) 1003 Loan Application, Compliance Agreement – http://blog.123notary.com/?p=14335
(10) The Signature Affidavit – http://blog.123notary.com/?p=14356
(11) Following Directions – http://blog.123notary.com/?p=14379
(12) Cross-Outs http://blog.123notary.com/?p=14406
(13) When to Call the Lender (and when not to) http://blog.123notary.com/?p=14421
(14) Explain or don’t explain http://blog.123notary.com/?p=14440
(15) The Prepayment Penalty http://blog.123notary.com/?p=14447
(16) Initialing http://blog.123notary.com/?p=14463
(17) The APR http://blog.123notary.com/?p=14483
(18-24) Technical Points for Notaries http://blog.123notary.com/?p=14492
(25-27) Identification, Wrong Venues, Fraud http://blog.123notary.com/?p=14514
(28-30) Beneficial Interest, Negligence, E&O http://blog.123notary.com/?p=14532
30 Point Final QUIZ http://blog.123notary.com/?p=14557

Page Titles

Each post about the 30 point course will have a story and several points which could make the titles appear a bit long.
Titles might look like this:
Point (13) The Automatic Payment Disclosure; Story: Marcy’s Babysitter

Use this link to see all published posts in a string in reverse order:
http://blog.123notary.com/?tag=30-point-course

How is it different from the Elite course?
The Elite certification course was designed to get its students an upper arm in the notary business. It was designed to help them be a pro at negotiation, growing their business, and handling difficult strategic situations. The overall aim of the course was to help them make more money, grow their business, and gain attention from having the Yellow Elite Certification Icon next to their name on the search results. Notaries who passed are far more intelligent, sophisticated, and get a lot more work than their competitors in high spots on 123notary who lack the Elite designation. Based on my personal experience, I would vouch for the fact that a 123notary Elite signer has quadruple the signing agent knowledge as an uncertified signer. Although they don’t know everything, the depth and breadth of their knowledge is quite noticeable if you talk shop with them for more than a few minutes.

This 30 point course is only designed to teach notaries how to deal with technical situations like a pro, but not designed to help them get rich (although more knowledge never hurts). If you do well on the 30 point test, you can consider taking our Elite course. It will be easy for you if you got a high score on the 30 point test.

Summary of the 30 point course
The 30 point course will cover a wide range of notary and signing agent technical topics including following directions, best practices, understanding what information is where in the documents and more. Additionally, we added some entertaining stories to help make the text more enjoyable for the reader. There will be many stories which are designed to drive certain technical facts home in a pleasant and absorbing way.

Please Note
Not all of the questions covered in the 30 point test are taught in this course. Please rely on your personal experience as a notary to answer test questions not addressed in this course.

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You might also like:

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

From 3 jobs a week to 3 jobs a day!
http://blog.123notary.com/?p=3940

A detailed look at the Ninja course
http://blog.123notary.com/?p=4621

Interview with a Title company
http://blog.123notary.com/?p=3724

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March 2, 2014

Analytics for TECHNICAL posts… graded!

Filed under: Uncategorized — Tags: — admin @ 11:25 pm

The (A) list:
ID, POA, APPS, SUED, JOBS, TUTORIALS, INTERVIEWS, BEST PRACTICES, POINT & SIGN, OUT OF BIZ, FREE, DIFFERENT DAY, LATE DOCS, PAYMENT, WILLS
CALL: Don’t CALL the Title co, or borrowers
ACCEPTING certifications
PAID: Getting PAID usual or unusual ways.
QUALIFICATIONS (background check & CSS)
JOBS: More jobs, less jobs, taking jobs away, taking bigger cut of money from jobs.

The (B) list:
Consumer financial protection, Loom them up, Stay here until PAID, why use middle INITIAL, Boss PAYS for COMMISSION, Industry STANDARDS, BEGINNERS, what makes a mobile notary, I-9, won’t sign disclosure, following directions, more specific tutorials, JAIL.

TUTORIAL on documents idea.
DOCUMENTS: Late, don’t call until ready, document dates, foreign language docs, witnessing docs, common mistakes w/particular docs, which docs recorded.

=====================================
1003 trouble (F)
1099 too high (C)
ACCEPT certifications (A)
ACKNOWLEDGMENT (D) optional ack cert.
APOSTILLE nightmare (D)
ATTENTION paying (D)
ATTITUDE > JOBS (C)
ATTORNEY GENERAL (F) UR not an attorney (F)
APR (C) to non-borrowing spouse.
BACKGROUND Screening (A)
BAG; carry all (F)
BAR: GA association (F)
BEGINNERS info (B)
Birth Certificate (A)
BLOG she learned more (F)
BOOKS top 5 (F)
BORROWERS at ease (C)
BOSS pays for comm. (B)
BUSINESS NAMES (D+) Biz names (C-) Choosing a name (D+) Grow biz first then register (D-)
CALL (A) don’t call title co;
CERTIFICATION or skill (D); Uncertified not a single all (D) If not certified (D) Just do it (D) Obamacare (F); not cert (F)
CLOSING bank branch (A)
CONTRACT (F)
CREDIT CARD afraid (F)
CROSS-OUT happy (C); story about cross-outs (C); Cross out and initial (F)
CREDIBLE witness (D) what is (F); Charge for (F);
CRIMINALS (B)
DIRECTIONS following (B)
DATES (B) doc, sig, notarization date
DOCS ready (A)
DOCUMENTS ready (A)
DUE: getting what is (A)
E&O (D); Supersize (D)
EATING on road (C)
EMBOSSERS (F)
EXPERIENCE gain (C)
ELITE: does it help? (C) Elite certification (F)
EXPLAIN (C)
ERROR-FREE (C)
FINGERPRINTING (D) difficult
FREE 3rd signing (F)
GETTING more work (A) 3jobs/day
eNOTARY overall score (D) ; which states (A); pros/cons (D); state specific (F); what can enotary do (F); 10yrs garbage (D); AZ (F);
eJOURNAL (B)
ETIQUETTE borrower (D) thanks, sorry (D)
FAMILY (C) Making family leave the room.
FEAR, anger (F)
FIND 24 hour notary (D)
FINES & PENALTIES (C)
FOREIGN lang doc (B)
FREE certification (A)
FUZZY (F)
GUNS borrowers w/ (F)
HIRE other notaries (C)
HOLD HARMLESS (C)
HOSPITAL signings (D)
HUD (C)
IDENTIFICATION (bad) (A)
INTERVIEW (A)
HOURS (F) of operation
IDENTIFICATION (D) 2nd ID requirement
INCOME: (C) Notaries who make more than Attorneys
I-9 Notarizing (B)
iCLOSE (F)
INITIAL middle overall (C); Why use middle initial (B) wouldn’t use middle initial (D)
INSURANCE (F)
INTERVIEW / advice (B) interview w/title (C) Title source (B); timios (A) Advice from AZ; Veteran Notary inteview (C)
JAIL overall (D); Pay at (F); Hubby in jail (B) Notarization at (D) Jail one phone call (F)
JOBS (A)
JOURNALS (D)
LATE docs (A)
LOOK them up (A)
LOWBALLERS (B)
MINIMUM competency (D)
MINORS overall (C); Minors rules (B) Notarizing a minor (D)
MISTAKES w/ Title (C); common mistakes (C) I also make (D) When you goof (D) types of (F)
MOBILE NOTARY (B) what makes?;
MOBILE OFFICE (D) warrantee
MORTGAGE borker (F) sniffing out the right notaries.
NNA (D) NNA-care (F)
NOTARIZED overall (D); w/o sig (C); Notarize 2x (D); Notarized statement (D) How to get (F)
NOTARIES (F) Industrial strength (F) unleaded (F)
NOTES (D) factual or personal? (D); Represent (F)
NOVICE (D)
OBSTACLES creating (C)
OATH (F) of two 2 witneses
OVERSEAS (D)
OUT OF BIZ bank br. (A)
OWL icon (D)
PAGE every page? (C)
PASSPORT (C) Notarizing passport (F) How to notarize copy of passport (A)
PAYMENT responsibility (C) getting what is due (A); Stay until paid (B); How to get paid (D) Fees at door (F)
PERJURY arm twisting (D) Perjury vs. Oaths (D)
PAY: does xyz pay? (F)
PHONE overall (C) ; Who answers? (A); Why answer (D); Phone interaction tutorial (D); Call back can’t talk (D)
PHONE #’s (F)
POA / Nursing home (A)
POINT & SIGN (A)
POLICE enotarization (D)
PREPAYMENT penalty (D)
PROTECTION (A) Consumer Financial protection bureau.
RAMBLE (D)
REAL ESTATE exp. (D) RE prices (F)
RECORDED which docs (D)
RESOLUTIONS (F)
ROCKET SCIENCE (F)
REVIEWS technique (F); signing co. reviews = payment (D+)
SIGN overall (B); Sign on different day (A); Sign disclosure (B); Get them to sign (D);
SIGNATURE BY X (F)
SPAM contacts (D)
STANDARDS: industry (B)
STAMP missing F()
STATES bordering (F)
STRANGE funny haha (D)
SUED: biz lic, e&o (A)
TAMPERING stapler (F)
THUMBPRINT overall (B); Thumbprint necessary (A); Asked NOT to thumbprint (C)
TIPS; overall (C) 12 tips (B); tips for notaries (F)
TOOLS for notary (F)
TRANSLATE (F)
TRENCHES for notaries (D)
TROUBLE (D)
TUTORIAL (B) general (A) other (B) too obscure (C)
VAGUE (F)
Webcam Notarization (B)
WILL notarize a (A)
WITNESSES (B) notary witness (B); expert witness horror (B)
WORK getting more (A) 3jobs/week to 3jobs/day; took biz away (A)
UNIQUENESS (D)
WARRANTEE (D) for mobile office
X on search results (D)
X: Signature by X (-) See Signature by X

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November 28, 2013

Who are all the parties involved in a Power of Attorney?

The Principal (also called the grantor) is the person who needs an agent to act on his/her behalf in dealing with legal, financial, and/or health care issues that ultimately involve signing documents, checks, and so forth.
The grantor grants power to the Attorney in Fact via the Power of Attorney document; the Attorney in Fact (also known as the agent or grantee) may then make decisions and sign on behalf of the grantor.

The Attorney in Fact (also called the agent or grantee) is the person designated in the Power of Attorney to act solely on behalf of the principal, avoiding any conflict of interest or personal considerations. The Attorney in Fact acts as a fiduciary, someone who can take care of money for the principal and whose judgment, advice, and assistance can be relied upon. If the fiduciary is, for example, the guardian of an estate, he or she must file a fiduciary bond with the probate court or judge. The Attorney in Fact may transact purchases and sales and financial affairs, and execute agreements.

An Attorney involved may be a family Attorney who drafted the Power of Attorney or one who represents the principal in other matters; by contrast, the Attorney in Fact is often a family member, and not an Attorney who represents the principal for a fee. All rights granted to the Attorney in Fact are set forth and may be limited at the beginning by the grantor; thus, the necessity of having a good Attorney draw up the Power of Attorney. The Attorney may be involved in creating legal remedies or documents that the Attorney in Fact will execute. There may also be an Attorney representing whatever entity (e.g, a bank) the Attorney in Fact works with on behalf of the principal.

The Notary may be involved in notarizing a Power of Attorney at a hospital signing. In this case, the notary may need to question the grantor sufficiently so that he or she is certain the grantor is doing this of his or her own free will and understands the nature of the powers granted to the Attorney in Fact (also known as an “agent”), and the notary is advised to record any observations in the notary journal. As a notary signing agent, the notary must also ID an Attorney in Fact who acts on behalf of the borrower at a signing. In such a case, be advised that the notary’s job is to identify the signer, not to verify his or her capacity.

You might also like:

Power of Attorney: types often created
http://blog.123notary.com/?p=6732

Information about various notary procedures
http://blog.123notary.com/?p=2268

Wells Fargo Power of Attorney Form
http://blog.123notary.com/?p=22125

2019 version – parties involved in a power of attorney (detailed)
http://blog.123notary.com/?p=21439

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November 18, 2013

10 quick changes to your notes that double your calls!

I have been poking around and seeing how the newer listings are performing. Basically, it is bizarre. Some are getting clicks up the yazoo, while others get one click per week. So, I decided to take a closer look and see what is going on.

Obviously, notaries with reviews get tons more work simply because they have credibility from 3rd parties. But, brand new listings don’t have any reviews, so the only thing that makes them different is their NOTES section. So, what did I notice? Many notaries refuse to write a notes section, so I have to make something up for them. I write stuff like: I am reliable, motivated, and personable. These wishy-washy adjectives mean nothing to me, but I wonder what they mean to the browsers on our site. The answer is that they mean something alright! Worse! The ones with nonsense claims using a string of adjectives and commas are getting next to no clicks! So, what works and what doesn’t. The good, the bad and the ugly.

(1) Adjectives: BAD
Example: Reliable, personable, friendly, accurate, detail oriented

Result: Will get you far below average clicks just because you are saying nothing about yourself that sounds REAL to the reader.

(2) Years of experience: So-So
The number doesn’t reflect what you have actually done. Having many years of experience doesn’t count against you, but it also doesn’t count for you.

(3) NNA certification: So-So
Result: Generally, those who claim to be NNA certified do no better than the average notary. If you average it out, those who claim to be NNA certified do oh so slightly better than the average notes section of other newbies. BTW, 90% of notaries on 123notary are NNA certified, so by claiming it on your profile you might as well say, “I am no different than 90% of the other notaries on this site”

(4) Real Estate Agent: So-So
To me this is a waste of space. Those with Real Estate backgrounds fail to realize that despite their self-promoting claims, they really don’t understand the loan documents at all unless they have really studied for at least five hours from a loan signing course. It is not a selling feature because people want to hire you as a notary, and not to sell their house!

(5) Languages: Good
I encourage people to list their language first, before stating anything else. Fluent Spanish; Conversational Cambodian; Some Portuguese. In your notes section you can say how well you speak the language, but NOT in the language field which only accepts the name of the language. Those who put their language skills up front got more clicks, but nothing earthshaking.

(6) Radiuses: Very good
Example: 100 mile radius; or; Travel above 20 miles is charged an extra fee.
The notaries who listed how far they went in a clear and non-verbose way did better on clicks. EVEN if you have restrictions about how far you will go for a charge, the fact that you will go far away means a lot to the readers.

(7) Terms and Conditions: Good
Even if you have extra fees, or large charges, people like getting the facts. They are reading your profile for facts, not fluff.

(8) # of loans: Good
The number of years you have been in business says very little. But, the number of loans says a lot more. If you have done 1000 loans, you might still be ignorant of a lot of what you need to know, but at least you can measure your experience.

(9) Last minute signings: Good
Notaries who do last minute signings got more clicks. Nothing amazing, but they got a lot more jobs as well. Clicks and jobs are not proportional. When it comes down to getting a job assigned, you need someone who will jump when you say jump.

(10) Minimums: Good
Minimums are constrictive, but show that you are professional and mean serious business. We found only three examples of people with minimums. One did a lot better than average while the other two did average. It doesn’t seem to hurt to have a minimum.

Tweets:
(1) Notaries with reviews get tons more work simply because they have credibility from 3rd parties.

(2) Make your notes sound real and believable and you’ll get more clicks. That’s a fact. P.S. – They’re reading your profile for facts, not fluff.

(3) Listing your language skills can help get more clicks.

(4) Clearly stating how far you’ll travel is very good for your business

(5) The number of years you’ve been in business isn’t as important as the number of loans.

You might also like:

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

2014 Excerpts from great notes sections
http://blog.123notary.com/?p=13613

How many financial packages do you mention in your notes?
http://blog.123notary.com/?p=19997

Clarifying vague claims in your notes section
http://blog.123notary.com/?p=4675

Notary Marketing 102 – your notes section
http://blog.123notary.com/?p=19788

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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her notary seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public.

You might also like:

California notaries who have done wrong
http://blog.123notary.com/?p=7043

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

Can a notary get in trouble?
http://blog.123notary.com/?p=21429

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July 3, 2013

How to get something notarized if you don’t have ID

If you don’t have ID, many states allow the use of credible witnesses. Two people could identify you before a notary public, sign the notary’s journal, and produce identification themselves.

But, honestly, if you need to get notarized, go down to your DMV and get a state issued identification card. You need it to go to a hotel, rent a car, get notarized, and more. You might need a copy of your birth certificate to get your ID. So, be prepared to figure out how to get your birth certificate. Don’t waste time. It is a hassle when notaries have to deal with clients who don’t have proper identification.

Personally, I have notarized many people. Some lived in bad areas where they got mugged, and the mugger took their identification. Others were old and had expired identification. Get with the program and get your identification ready.

It is sometimes hard or impossible to get something notarized if you don’t have current government issued identification.

Some states will allow the notary to notarize you if they know you well as being “personally known” to the Notary could constitute identification. Most states used to have that law because in the old days people tended to know people in their area quite well. But, most states have changed their laws, and no longer allow the notary to claim to know you as a form of identification.

Now you know how to get something notarized if you don’t have ID.

You might also like:

Show me your identification
http://blog.123notary.com/?p=6353

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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April 20, 2013

A detailed look at the NINJA course

Filed under: Ninja Theme Articles — Tags: , , — admin @ 8:00 am

We have a new Elite certification textbook that accompanies the elite test. We will soon be using a 30 point test to evaluate the skills of our higher level notaries. But, what is this new textbook like? The ORDER of the information is subject to change as we re-edit the course and add content later on.

119 pages of riveting information!

This course integrates ancient Zen Buddhist philosophy, Ninjutsu strategy, and exciting stories with higher level notary & signing agent knowledge for the refined notary public! Here are some of the topics covered in the course.

(1) Presentation
Learn the art of interacting with prospective clients. Learn what to say and what not to say. How to answer questions gracefully, and how to stand your ground. Show your knowledge without seeming like you are trying to. Operate like a professional and negotiate like a professional.

(2) Strategy
Learn which type of advertising pays off and which should be avoided. Which certifications to get and which to skip. How to craft your advertising for maximum results; Which additional services to offer such as Apostilles and Livescan; How to choose your clients well; Picking company names; Contracts. E&O insurance; Getting paid; Handling difficult companies; Hiring other notaries to expand your empire; Handling low-ballers with ease; Marketing with Facebook and Web Sites; Researching companies; When to say no;

Scheduling strategies: Learn about the

Timed appointment strategy
The spring-it-on-ya strategy
The no surprises strategy
Business models that influence scheduling strategy
Dealing with late e-documents
End of the month scheduling strategies
Beginning of the month scheduling strategies
Tight scheduling strategies
High-brow scheduling strategies

(3) Business analysis
Advertising allows you to pick and choose; Analyzing where your calls are coming from; Assessing the companies you work for; Late Documents; Dealing with cancellations; Dealing with late payers; Managing contacts; Optimizing your client base; What do the statistics that 123notary keeps really mean?; How well do you communicate and how does that translate into clicks?

(4) Mastering the ancient art of the notes section
Which adjectives help, and which hurt? Does mentioning years of experience help? Which quick facts will win you clients and which are a waste of time? Overall recommended structure of a notes section; Analyzing your best selling features; What not to put at the top of your notes section; Expressing your personal style of doing business; 19 examples of great personal information used in notes sections; Specialties expressed in detail; How to use bullet points for your additional information; Where do you write about coverage areas, and how detailed do you get? Radius verses counties? Closing statements — call me whenever you are ready! Spelling and mistakes; Example of a bad notes section; Example of a nearly perfect notes section; Commentary on 16 notes sections; Selling features compared in detail;

(5) Miscellaneous points
Smelling good; How to dress; Calling people back; Professional answering machines; Company names; Complaining; Asking too many questions; Call back etiquette; Asking about specifications before price; Negotiating with people who won’t meet your fee; Evolutionary path to success; Charge less to get experience; The close job strategy; MOBILE OFFICES; Don’t call until the e-documents are ready; FULL-TIME or PART-TIME; 123notary’s 30 point test; Last minute appointments; The A list strategy; Precautions; Embossing; Journal thumbprints; Answering the phone at signings; Refining your notes; Dual state commissions; How many certifications; Does Facebook help; How do you let people know you are a notary; Can you afford to be expensive; Get reviews or perish; Are you available enough; Do you keep all of your paperwork; Emergencies are where you shine; Errors with bad seals; Showing up late; Complaints; Wrongful complaints; Rebutting complaints; Being selective about working for companies with potential.

(6) Zen and the art of teaching others to be on your team
Master the ancient art of: Selection, training, scrutinization, and comparison.
Choose people with the right: Attitude, pre-existing skills, ability to learn, reliability, and personability

Where do you start training? Scrutinizing the work of your new notaries. Comparing them to your other trainees.

(7) Comparing notaries
People change over time; Examining your local list of notaries to see the differences in each service provider; Elite certification; Skills verses presentation; Online presentation verses life presentation; Thinking about comparisons while you are working; What did you forget to think about?

(8) Impressions, dreams and nightmares
Where the money really is; How long does it take to do each type of signing; How do you analyze traffic; Should you charge by the minute; How much ROI do you need on your advertisement; Making an impression; The borrower comes first; Meeting at a nearby cafe; Cancelling nightmares before you get involved; What to know about a culture so you don’t get in trouble; Fedex and drop boxes.

(9) Following directions
When to call the loan officer; Sample questions; When not to coerce the borrower into signing; When to continue the signing; Listening exercises, communication exercises, following orders without a fuss.

(10) Notary knowledge revisited
Acknowledgments discussed in detail; Jurats; Official wording and cross-outs; Loose certificates; Backdating; Document dates verses notarization dates; County recorders & recorded documents; Copies of a document; The names must match; Credible witnesses; Errors on the Acknowledgment; Oath wording; Signature by X; Journals; What the OPTIONAL information section is for in Acknowledgments & deterring fraud; Embossers; Thumbprints; Seals; 10 Grant Deeds in a single session; Notary Fraud; Notarizing the elderly; Notarizing a dead person; The 4 parts of an Acknowledgment certificate; Misdemeanors.

(11) Signing Agent knowledge revisited
Understanding: The 1003, The 4506; Apostilles, Attorney States; Changing a name on Title; Checks in packages; Cross-outs; The Deed of Trust; Elizors; Identity Affidavits; The HUD-1; Initials go where? Letter of instructions; The legals; Maiden names; Prepayment penalties; The Right to Cancel; Rescinding; The security instrument; Signature Affidavit; Spousal signatures; The Subordination Agreement; Thumbprints revisited; The three magical phone numbers; Signature variations; Witness states; When to call the loan officer; Witness closings; Documents that are typically notarized.

(12) The APR & First payments
Yes, an entire chapter about the APR in detail. Learn typical incomplete descriptions of the APR that even the most experienced Loan Processors, Title Agents, and notaries use on a regular basis. Learn a professional definition and learn all of the components that go into computing the APR one by one. Show the world how knowledgeable you really are!
When is my first payment due.

(13) Interviews with our finest notaries and title companies
We get amazing points of views and endless new information by getting input from others in the industry. And then we share it with you on the forum, blog, and in our courses! We interviews many title companies. Many of these companies will be working with us on crafting and endorsing some very relevant signing agent questions. Notaries often ask why it is important for them to learn particular facts. But, if a title company who hires notaries and pays well tells you that you better learn it, then there is no excuse not to learn it,right?

We have some information from Title companies as of April 2013. We will be adding more information every month including statements about things that notaries did wrong that caused a lot of trouble. We will also be adding multiple choice questions endorsed by specific Title companies over time.

The interviews with the notaries this time were about topics of concerned to regular notaries. How do you handle low-ballers? How do you handle people who don’t meet your fee? What is your best attribute as a notary? What made you become a notary? Could you describe your evolution in business and how you became successful? Hoe do you introduce the documents and do your loan signing presentation.

The answers given by the top notch notaries interviewed were truly inspiring, unique, and fascinating. You will love this section the most of all the sections partly due to the great information, and partly because it is the most light hearted section of the course.

(14) The 30 point test
This section goes over the 30 point test. Notaries who pass this grueling and difficult test can elect to have their scores published on their listing. Test topics will include not only notary and signing agent competency, but other areas as well. We learned that following directions and communicating are huge problem areas even for the most experienced notaries, so we will be focusing on those during the test. The test will be timed and might be over the phone or online — or both! Retesting will be allowed, but we do not know what the retesting fee will be. Purchasing the Ninja course / Elite certification gives you one chance at the test providing you take it within (60) days of your purchase date. Good luck!

(15) Apostilles and Loan Types
Learn what our best notaries have to say about Apostilles, Authentications, FHA, HELOCS, Investment loans, Loan modifications, Purchases, Reverse Mortgages, VA loans, and more!

Thanks for your interest and ENJOY our Ninja course!

You might also like:

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

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

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Signing Agent Best Practices: a 63 point guide to being the safest and most thorough notary.
http://blog.123notary.com/?p=4315

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