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May 24, 2020

Colorado Acknowledgment Wording

Colorado Acknowledgment Verbiage; Colorado Acknowledgment Form;

Below is the official Colorado Acknowledgment Wording. The word “seal” below refers to the notary’s official stamp. Please keep in mind that in a notarial context, a seal could mean a signature or a stamp depending on the situation.

State of Colorado
County of ________

The foregoing instrument was acknowledged before me this ______ (date) by _________ (name of person acknowledged)

(seal)

____________________
Notary’s official signature
My commission expires: __________________

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May 20, 2020

Arkansas Acknowledgment Wording

Arkansas Acknowledgment Verbiage; Arkansas Acknowledgment Form;
Below is the official Arkansas Acknowledgment Wording. Please keep in mind that the seal should be affixed at the bottom of this form.

State of Arkansas
County of ______________
On this the___________ day of _________, 20 , before me, (__________name of notary), the undersigned notary, personally appeared ____________(name(s) of signer(s)) known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. ____________________________________ [Seal of Office] Signature of Notary Public My Commission expires:______

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April 7, 2020

Lose the attitude…

Filed under: Carmen Towles — admin @ 8:46 am

Many notaries come to me for advise and assistance with notary and loan signing procedures. On occasion I get folks that have a chip on their shoulder for whatever reason. I know this ’notary signing agent business’ can be perplexing and just plain hard to break into. The main problem is that most folks that come into to this profession are not sufficiently trained in their states notarial procedures. So when notaries reach out with questions it is for some of the most basic notarial acts. Things truthfully, they should just know. This is the Secretary of States job which most have failed miserably. Many states don’t have any examples of where to place their stamp or even how to fill out an acknowledgment or jurat but many do and its worth it to look into their handbooks to check.

On this particular occasion, a notary texted me a copy of a jurat and had no clue as to where to place her seal despite the fact to me at least it was obvious that these was a ton of space to the left of her signature. She asked me if this is where she ws to affix her seal. I wrote back 2 word only; ‘Ummm, yes’. I mean where else would you put it. It was the most basic part of her job that she should know. She wrote back quite annoyed that how was she supposed to know this?, blah, blah, blah. Well, how about for starters, getting your notary handbook out and giving it a try, Most folks just focus on loan signing without preparing for what’s really important. THE NOTARIZATIONS!!!

She went on to rant in a text that this is why folks are afraid to ask questions. Well guess what?, you better ask questions. Being a notary can be costly for you and the person you are notarizing signature on documents for. She stated that I sounded annoyed and she was sorry to bother me and that was that. Folks getting an attitude is not helping the situation at all. You had better get all your questions answered and know what you are doing BEFORE you touch anybody’s documents for your sake and theirs. If you don’t ,you will pay the price in more ways than one. And if a little “Ummm”, was enough to set you off then maybe you need to rethink this whole notary signing agent thing.

Why anybody wants to get into this profession without knowing everything about it is beyond me.

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March 7, 2020

Compilation of best blog articles from 2011

Filed under: Compilations — admin @ 10:03 am

PRICING

Pricing for notary work: Different strokes for different folks
http://blog.123notary.com/?p=697

Pricing formulas and time spent
http://blog.123notary.com/?p=588

Payment terms set by buyer or seller?
http://blog.123notary.com/?p=1812

TECHNICAL

Notarize just the name.
http://blog.123notary.com/?p=15817

Decline profitable junkwork
http://blog.123notary.com/?p=15495

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

Things that get notaries complaints
http://blog.123notary.com/?p=639

What to say and what not to say
http://blog.123notary.com/?p=628

Do you like your job?
http://blog.123notary.com/?p=617

Dragging the person’s arm
http://blog.123notary.com/?p=610

Seal Forgery – it happened to me
http://blog.123notary.com/?p=724

Leave a few spaces open in your journal?
http://blog.123notary.com/?p=714

Fixing botched signings
http://blog.123notary.com/?p=1246

Notary certificates, notary wording & notary verbiage
http://blog.123notary.com/?p=1834

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

The signing agent loan signing process & pitfalls
http://blog.123notary.com/?p=2780

How do I fill in a journal entry?
http://blog.123notary.com/?p=1725

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Thumbprinting step by step
http://blog.123notary.com/?p=1689

STORIES

Notarizing a kidnapper
http://blog.123notary.com/?p=676

The story of 123notary
http://blog.123notary.com/?p=710

A few testimonials about 123notary
http://blog.123notary.com/?p=700

Notarizing an arsonist who blew his fingers off
http://blog.123notary.com/?p=650

The signing from hell
http://blog.123notary.com/?p=765

Notary in Louisiana murdered in home invasion
http://blog.123notary.com/?p=925

Notary pushed off stairs by borrower
http://blog.123notary.com/?p=1097

COMEDY

Welcome to the Notary Hotel
http://blog.123notary.com/?p=8822

You know you’re a notary when…
http://blog.123notary.com/?p=16038

Jeremy’s visit to hell
http://blog.123notary.com/?p=20412

A tough act to follow
http://blog.123notary.com/?p=6579

I have a dream – notary version
http://blog.123notary.com/?p=19207

Notarization on the Steve Harvey show
http://blog.123notary.com/?p=13704

Notary suicide hotline
http://blog.123notary.com/?p=6995

Notary reviews vs. Movie Reviews
http://blog.123notary.com/?p=8820

Notary Airport
http://blog.123notary.com/?p=17062

My date with Jeremy
http://blog.123notary.com/?p=4473

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

Vampire Notaries – 24 hour service
http://blog.123notary.com/?p=4094

Bartender Notary – a reverse mortgage on the rocks
http://blog.123notary.com/?p=4080

Best excuses why a signing company didn’t pay a notary
http://blog.123notary.com/?p=1922

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September 17, 2019

How a video game reminded me what a noble profession we have

Filed under: Other Guest Bloggers — admin @ 9:57 pm

So, you’re probably wondering why I’m even talking about a video game. After all, working as a notary is serious business and you wouldn’t be wrong in saying that it is a profession where errors are seriously frowned upon. Our experience in the profession varies, but the one thing that’s constant among all notaries is that there are professional standards that need to be met.

Some tasks are straightforward and simple, while others are more complex. Yet, no matter how simple the task may be, the smallest error can put others at risk. The game I’m referring to, called Papers, Please, offers is a similar — albeit virtual — experience.

First Off, What Exactly Is Papers, Please?

A recently released point and click game game, Papers, Please places the player in the shoes of a border inspector of a country called Arstotska. The player’s task is to screen each person who wants to enter the country and to try to adhere to standards set by the government. There are many other aspects of the game, but this is the aspect that I want to put a heavy emphasis on. In the game, making an error gets you a citation, and in the later stages an error means letting dangerous people through the border, which puts lives at risk. You essentially handle sensitive data, check it for accuracy and truthfulness, and decide whether you’d allow the person into the country or not.

It’s quite similar to how we check statements and decide if the facts hold up. In fact, most, if not all court proceedings rely heavily on notarized documents, especially during personal injury cases, according to the lawyers at tariolaw.com.

Why Should We Care About This Game?

Well, that’s where the error is. You assume that this is about the game. It’s not. What really struck me was how the tasks got more and more complicated as the game progressed. You have to assess various pieces of information and decide whether to stamp a traveller’s passport, allowing them access through the border.

This puts an air of risk in the game, even when all the player does is to look through papers and counter-check facts presented by a traveller. And the way that the travelers interact with the player in an attempt to appeal to the player’s kinder nature forces you to make hard decisions.

How Is It Related To The Profession?

It reminded me a lot of how we, as public notaries, are the front line of defense against any attempts to commit fraud. In the same way that the inspector in Papers, Please is the first line of defense against people who would do the country harm, we are the first line of defense against people who want to put falsehoods onto paper or when they try to twist the truth in their favor.

And it’s rather funny that I was unexpectedly reminded of this duty by a video game that I happened to stumble across whilst browsing my YouTube feed in my free time!

I mean, whether you’ve had 30 years of experience in the profession or you’re a rookie who’s learning the ropes, it can be draining to do the same thing over and over if you forget your purpose. I’ll say it again, ours is a profession that can’t have any mistakes, whether they’re big mistakes or common mistakes — we are all about accuracy and precision. And sometimes it can be quite draining, but always remember that the seal that we stamp has power and authority. People are depending on us to verify facts and to educate them on what they’re getting into by signing a document.

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

You might also like:

Good Deed Bad Deed
http://blog.123notary.com/?p=16285

The 123notary elite certification study guide
http://blog.123notary.com/?p=20118

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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

You might also like:

Can you notarize a signature in Chinese characters?
http://blog.123notary.com/?p=18784

The signature name affidavit — what is its purpose?
http://blog.123notary.com/?p=22541

Bikers on boats — Notaries heisting signatures
http://blog.123notary.com/?p=21160

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

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February 22, 2019

Apostille – General Information

What is an Apostille?
An Apostille can be a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that is not NOT a member of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from. In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office. Due to budget cuts, Secretary of State Offices are not always nearby, so it can be labor intensive to get to them.

How do I get an Apostille?
You might consider contacting an experienced notary who has been through the Apostille process many times. There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.

Q. Can you recommend a few notaries who are experts in the Apostille Process?
A. Yes, see the 2011 version of this blog article for recommendations.

You might also like:

What is an Apostille?
http://www.internationalapostille.com/what-is-an-apostille/

Department of State — Apostille Requirements
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

2011 version of — How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

Certified copy of an Apostille?
http://blog.123notary.com/?p=14923

Basic Notary Vocabulary
http://blog.123notary.com/?p=19495

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April 17, 2018

How often do Notaries end up in court?

Filed under: Technical & Legal — Tags: — admin @ 10:24 am

Notaries can end up in court for a variety of reasons. If the person you notarized used a fake ID and you did not thumbprint them, you are likely to end up in court. If a borrower is suing the Lender and wants to sue all involved, you could end up in trouble. If you explain something poorly and the signer feels you are denying a legitimate request for service and they miss a deadline and experience a loss — you can end up in court.

Here are some ways to increase your likelihood of ending up in court:

1. Not keeping a journal
2. Doing hospital or elder notarizations (even if you are cautious)
3. Not taking journal thumbprints
4. Not explaining notary requirements clearly to irate customers who will lose big bucks if you refuse them service.
5. Doing a notarization for someone who happens to be in a court building at the time of notarization (sorry, bad example.)

So, bad communication and record keeping skills are the prime reason people get in legal trouble as a Notary.

One in seven full-time Notaries who we have spoken to (rough estimate) have ended up in court at least once. Having good records makes it a lot easier for judges and investigators. So, when we ask you to keep a journal, we are not doing that just to put another burden on you. It is for safety reasons — your safety and the public’s safety.

If someone copies your seal and impersonates you the notary and notarizes something, if you don’t have a journal of what you actually did in real life every day — then you will not be able to prove to a judge that you did not notarize that phony notarization and you can get in trouble or even end up in jail. So, if you don’t like jail, keep a journal. That is a far fetched worst case scenario, but you could get in bad trouble. So, keep a journal even if your state says you don’t have to because the FBI doesn’t play games and neither should you. And FBI is FEDERAL and they work in all states regardless of whether your state requires a journal.

.

You might also like:

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

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

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

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You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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