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November 29, 2011

What is a Magistrate?

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

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

You might also like:

Read about the office of Justice of the Peace
http://blog.123notary.com/?p=103

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

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November 16, 2011

Thumbprint Taking – Step by Step

Thumbprint taking and fingerprinting – step by step
The art of fingerprinting or thumbprint taking is not rocket science, and anyone can perform this art.  The older way of doing fingerprinting or taking thumbprints was to use a form of ink and take a person’s fingers, one by one, and press them into the ink pad, and then make either a FLAT or ROLLED impression on a piece of paper.  Standardized fingerprint cards are what is/was acceptable to the FBI and DOJ (Department of Justice).  However, these days, live scan is the medium of choice for many. Fingerprint cards generally require rolled impressions, while journal entries require a flat thumb impression.
 
Livescan Fingerprinting
The beauty of live scan is that you can take each individual fingerprint as many times as you like, until you get a good, clear impression.  With fingerprint cards, if you goof just once, you have to start all over again with a new card.  Elderly people have unbelievably stiff arms and grab on for dear life when you try to roll their wrist around to take prints.  They apply such a force of resistance due to their terror about nothing, that you might have to take their fingerprints several times to get readable prints.  Live scan solves this problem.  The bigger question is that the organization you are submitting the fingerprints to is the one that gets to choose what medium they prefer for fingerprinting, and every organization has their own standards.
 
Journal Thumbprint Taking
In the old days, a type of ink that is hard to wash off was used for any type of thumbprinting ranging from booking criminals to taking journal thumbprints.  Now, an inkless substance can be used which leaves the appearance of ink on a piece of paper, but is easy to wash off a person’s hands. 

How to take a thumbprint
Taking a journal thumbprint is easy (unless someone has a stiff arm, and many people do), just take the right thumb, and hold it by it’s sides with your thumb and middle finger… then take your index finger and press down into your ink pad, and then press down onto the notary journal making a flat impression. It is easiest to have their thumb next to the edge of the table so the rest of their hand can go lower.  If the signer’s right thumb is not available, use their left thumb, and if the left thumb is not available, you can use a right finger. Just document whichever finger you used.  I had a client who’s hobby was experimenting with explosives in his apartment.  I had to use whichever finger was remaining in his case. There were not many choices by the way.

Fingerprinting step by step

I only know the old-school technique.  Take the person’s left hand, and roll each finger in the ink pad, one by one.  Then roll each finger on the fingerprint card.  Then, take the person’s right hand, and repeat the process.  Some cards require additional flat impressions of the thumbs.  For flat impressions, you can roll the thumb in the ink pad, but do not roll the thumb when printing — just hold the thumb above the card, and then press down quickly and firmly.  If you move too slowly, the person’s right or left hand might start to shake and blur your impression.
 
When you you need to be fingerprinted or have thumbprints taken?
If you are being notarized, then it is a good idea for security to have a thumbprint in the notary’s journal as evidence that the signer was really you (and not just pretending to be you).  Some states require journal thumbprints for particular documents.  Applications for professional licenses often require fingerprints.  To become a notary in California, you need to be fingerprinted.  Criminals generally need to be fingerprinted when they get booked or tagged for being a gang member.

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Journal thumbprinting in a nutshell

Notary journal thumbprints, they can save your neck!

Signing Agent Best Practices

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April 17, 2011

Seal Forgery – it happened to me!

Seal Forgery – it happened to me
I notarized a set of loan documents for a company back in 2003. It was a regular signing and nothing went wrong. You know how companies sometimes request that you send them another “Jurat” if the stamp isn’t clear on the initial one? California notary law requires that certificates be attached to the original document for security reasons. This means stapled. But, the loan companies protest whenever you ask them to send you back the document and ask why you are being so difficult. For many signing companies, the idea of obeying laws means you are being difficult. The company that forged my stamp did not ask for a loose Jurat, they were in a hurry and pulled a fast one.

I heard about it from a third party
A third party contacted me asking if I had notarized a loan package for a particular borrower. I couldn’t find the information in my journal for the specified dates, or even for the specified month. We figured that it must be a company that I had worked for before that had an impression of my seal on one of their loan documents, since I didn’t notarize that particular borrower’s loan that was in question. We had to be detectives to figure out what had happened.

Copying my seal
This company copied an impression of my seal that was on someone else’s loan, and copied it onto an Acknowledgment certificate for an entirely different loan that I had never had anything to do with. It was hard to tell since photocopiers are so good. I asked the third party to send me the notarized document and its Acknowledgment certificate. The forging job was so pathetic, it was funny when I saw it. The seal looked legitimate to my eyes, since I couldn’t tell it was copied. However, there were tell tell signs that I had not notarized this document.

(1) I always used an embosser on every page of every document. Embossers leave a raised impression in the paper. This document had no raised seal on it.
(2) The signature was a very girly signature which didn’t match mine even slightly. The lines of the signature were very curly and the i’s were dotted with cute little circles that only a girl would make like that.
(3) The acknowledgment certificate wording didn’t have the he/she/them and (s) verbiage crossed out where appropriate indicating that the person who fudged this job couldn’t have been a notary, or at least was a really pathetic notary.

I told them:
After I saw this pathetic attempt at something which is not even good enough to qualitfy as forgery, I told the third party that I had definately not notarized this and that it was fraud. Additionally, there was no journal entry to back up this job, and I took journal entries for all transactions in all cases.

My advice
If you always use an embosser on all pages of all documents, you deter the switching of pages after the fact on documents you notarized. You make it almost impossible for someone to get away with forging your notarizations. Additionally, you impress your clients with how thorough you are which can gain you more business. An embosser is less than $40, so get one today! Some states will require a government issued authentication of permission to get an embosser, so apply now!

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Notarizing a kidnapper

Do you like your job?

Fraud and Forgery related to the notary profession

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April 15, 2011

Leave a few spaces open in your journal?

Leave a few spaces open in your journal
 
Have you ever heard this phrase before?  These are the words a lender will tell you when they want you to backdate.  If you leave a blank page in your journal a day before the signing, then it will look like you really did notarize their loan documents on the date that you claimed you did.  This is completely illegal, but this is what many lenders will ask from you when they are in a pinch.
 
The lock
Lenders can offer their borrowers a particular rate, but there are expiration dates.  If a loan has a lock that expires on the 28th at midnight, and the loan documents were not ready to be compiled, sent, printed, etc., on the 27th or 28th, then the lender is in a bind. They will have to redraw all of the loan documents all over again and have a slightly higher rate, and an irate borrower. To save themselves this nightmare, they will often ask the notary to fudge a date when in this situation.
 
It’s your notary commission
If you get involved in this type of fraud, you could get fined by your state notary division, lose your notary commission, or perhaps even be looking at jail time.  Since there is no intent to harm anyone, jail time doesn’t seem probable, but laws differ from state to state, and the laws are always changing.
 
Lose the client?
I was asked to do this a few times.  I said no, and lost the client. Maybe I’m better off. Lenders love notaries who will lie, cheat, and steal on their behalf.  They will love you if you can look at a loan which is an obvious rip off and say nothing while the borrower is signing it. Of course, its not your job or entitlement to make commentary about someone else’s loan. You will be making someone lose thousands by butting in, and its not your right.  Lenders also love someone who will forge an initial or put yesterday’s date on a Jurat certificate upon request. You would not believe how many Title company staff members have forged omitted initials on Deeds of Trust, and other documents that require initialing.  Few of them would dare forge a signature as that would involve jail time, but some feel that its open season on initials.
 
Just say no
Don’t get involved in this nonsense. Its your life, your karma, and your commission.  If you get armtwisted once, you could easily get in the habit, not to mention feel ashamed for the rest of your life.   Additionally, it is recommended that you avoid screwy companies like the plague. These are exactly the same companies who will have no qualms about cheating a notary out of their pay for little or no reasons at all.

You might also like:

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

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Everything you need to know about journals

Signing agent best practices

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April 3, 2011

Notarizing an arsonist who blew his fingers off

It was just another afternoon, when I got a call for a notary job from an attorney in downtown Los Angeles. I was to meet the attorney at “Twin Towers” which is our most famous local jail to do the job. When I arrived, he was there on time in the waiting room. The room was filled with Los Angeles’ finest looking women, who apparently won’t date you unless you are a criminal. We had to fill out a small form and give it to the lobby guard. We then went through security and I took out all of the contents of my pockets: cell phone, wallet, coins, jacket, bag, belt, shoes, etc. The guards and parking attendants all knew me because I was a regular. They always went through my bag and asked about all of my various stamps, staplers, staples ( which are considered to be deadly weapons in a prison ), etc. They took my stapler apart to inspect its interior. Luckily I wasn’t strip searched. The guards often missed the refill staples in my which could be dangerous if they got in the wrong hands. Staples can be used to pick locks, and can even be a deadly weapon. Even a small piece of paper can be made into an instrument of death by jailbirds — so I hear.

The hallway of doom
Then, after security, it was time to traverse the hallway of doom. Each step down that lifeless  foreboding hallway had an echo and the distant sounds of metal doors clanking shut pervaded this ominous stretch of endless corridor. It twisted and turned at forty-five degree angles for hundreds of feet. The walls were made of cement bricks and there is always a stark and desolate feeling. For those of you who have never done a jail job before, there is always an ominous long hallway. Every jail has one, or at least should have one just to set the mood. If you go often enough, you will no longer notice the feeling of dread, apprehension, or the echo that each footstep makes on your seemingly endless journey to the elevator. Think of what it feels like to go down that hallway all alone on your first visit!

The elevator
Then, after what seemed like an eternity, we finally got to the elevator. We used the intercom to get permission to visit the fifth floor. We waited for what seemed to the lawyer to be like an attorney-ty. I mean, an eternity. We finally got to the fifth floor. We had to ask the guard to get Gary so we could notarize his signature.

Meeting the inmate
I noticed that Gary had been in an accident. His face was cut up and he was missing parts of his fingers. He had a hobby of making explosives and he had accidentally blown up his apartment and lost one eye, and several fingertips in the process. Terrifying!  But, he was a very gentle soul, kind at heart. He had only nice things to say about the guards. Not surprisingly, I had a bit of trouble getting the required thumbprint. I took a fingerprint of an index finger instead of a thumbprint and made a notation in my journal of which finger on what hand I used.  Then we notarized one or two documents.  We left after that.  They attorney had Gary’s identification.

I went to see the same inmate two months later with the same attorney. The inmate was looking much better. The cuts and scratches were mostly healed. Unfortunately, his fingers hadn’t grown back.

Meeting the jurors by coincidence.
The real irony took place eight months later when I went to notarize two Asian-American residents of West Hollywood. I thought I was just going for a regular notary job. They said they needed documents notarized regarding a court case. They said the case was about a guy who blew up his apartment. I said, “His name wouldn’t happen to be Gary?”.

Their jaws dropped.

.

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A notary caught some frauds who stole credit info while at a hotel
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February 28, 2011

Florida notaries with complaints

Notary Public Florida: a complaint story
 
Here is a complaint from soneone who used a particular Florida notary:

“This is the first time we have used this Florida notary public for a closing. The Notary made a mistake on the documents where she had the borrower date everything 5/7/2011 instead of 7/5/2011 which was a notary mistake that ended up costing the broker $1000.00. Two weeks after the closing the notary called the title company directly demanding her payment of the full signing fee because she had bills to pay. She threatened to sue everyone involved with the transaction even though we were the company that hired her. This Notary was very unprofessional. The Notary was paid at 30 days by our company.”
 
The notary claims that the borrower signed the dates incorrectly and that she asked the borrowers to put the correct date, but they refused.  Then, the Florida notary claimed that the borrower wouldn’t sign where it said borrower, because she considered herself to be the co-borrower. Additionally, the notary claims that the borrower was very rude and condescending to her. The notary claims that she spent two hours at the signing and that the borrower couldn’t read the small print and wouldn’t cooperate. It is hard to know who is right or wrong here.  Was this a notary mistake or just the borrower acting crazy — or both?
 
The bigger issue is that the notary threatened to sue everyone before her payment was even late. It is professional to allow people 45 days to make payment before you start making legal threats.  Also, suing someone for $60 doesn’t really make sense in the real world.
 
Another Florida notary public wrote a complaint about 123notary.
The notary was late confirming her listing, and I called the notary to see if she was still alive and in business.  We have notaries move, quit, and end up in the hospital, and die all the time without even informing us. If I ever die, I will have the consideration to inform everyone within (5) business days. In any case, I called this Florida notary’s phone, and her message stated that she was no longer doing loan signings.   I assumed from this message that she was out of business as a mobile notary — boy was I wrong.  Rather than contacting me and politely informing me that she was still in business, she started slandering us on forums telling the world about the horrible crime that we had commited by temporarily removing her listing.    She created all types of drama over nothing.  I think that her MISLEADING phone message should have stated that she is still doing mobile notary work, but not doing loan signings.  That way, anyone calling her about work would have a clear impression that she was still in business. I hate being blamed for other people’s bad communication skills. People need to take responsibility for their own incompetent actions.  In any case, her listing went right back on the minute she asked me to reinstate her.  Unfortunately for her, I documented her zany behavior in the review section.  I stated that she committed no acts of misconduct, but created an unnecessary drama over nothing!  This case was  a business mistake on her part, not a notary mistake, but it is still ridiculous!

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California notaries with complaints
http://blog.123notary.com/?p=2485

I make mistakes too
http://blog.123notary.com/?p=3639

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February 13, 2011

A great attitude gets the most jobs

A Great Attitude Gets the Most Jobs (If You Answer the Phone)

One title company told us recently, “I never believe notaries who say ‘error-free’ or ‘100% error free’– because everyone makes mistakes. But I would like to hear a notary say, ‘If I do make a mistake–I correct it. I will be glad to drive back to the borrowers if I need to.’ That’s the kind of positive attitude we like.”

The notaries who attract the most work again and again are the ones who may not be perfect, but do it all–try hard to learn everything, use best practices, get certification from several sources, get reviews, share stories–and keep attracting work because they have such a great attitude. And we can tell who these notaries are from the very beginning…and so can the companies that hire them. Here are a few notable examples.

This 60-ish man is a notary who had been in the collections industry and also a notary since 1985. From the very first time we spoke with him, he wanted to learn; he wanted to be the best. He has now been a full-time signing agent for a year, and has done 1000+ loans: he followed our advice and now has a thriving business and is training other notaries to help him. He bought a top position, took one of our courses, got certified, got reviews…and appreciated every experience. He says, of the notary work, “I’ve never worked harder in my life.” But he loves the work, and keeps on getting more and more. He always replies to an email. He always has wonderful things to say on the phone, and always finds a sincere compliment for everyone; if he is busy, he lets you know–without ever being rude. He just keeps taking our advice, and his business keeps growing. He is never cynical, and every company that calls him loves to work with him.

And–he always answers the phone.

Another notary who comes to mind is a woman who joined 123notary recently. She has extensive experience in the mortgage industry, but was willing to look at all the sample notes sections we recommended and created a fabulous notes section using everything she could think of in her background. She didn’t think she was above all this just because she had a lot of experience. Her notes were nearly perfect when she sent the first draft, but she was still willing to keep working on them. She also was eager to get our certification–despite her experience that includes almost 10,000 signings– and spent a lot of time studying our “phoninar” blogs; of course, she got the certification. She will do well on the site because of her positive attitude and willingness to make an effort. She always answers the phone.

Our final notary, a young woman, has barely started on her notary career, but is already getting a few jobs because of the energy she puts into everything she does. Her notes section really tells what kind of a person she is (does not mind pets at the signing table), and gives lenders an idea of why they should hire her–even though she has done fewer than 10 signings. For example, experienced in IT, she tells us “Technology is my soul,” and explains how her background in that industry supports her detail work as a notary. She can really have a great conversation on the phone…which often ends in jobs and good reviews. And, guess what? She always answers the phone!

Tweets:
(1) Is it better to say, “1000 error free signings,” or, “If I make a mistake I’ll fix it ASAP.”
(2) The notaries who get ahead are not the ones who brag, but the ones who really want to learn & do a great job!
(3) The notaries who attract the most work get multiple certifications, reviews, and have great attitudes.
(4) A great conversation on the phone often attracts jobs and good reviews, which attracts more jobs. Always answering the phone helps!

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January 30, 2011

Decline Profitable Junk Work

Decline Profitable Junk Work
Some may feel “work is work” and take all they can get. Mobile notaries are not hobbyists; we do the work for the money. Some are able to charge more, for the same work, some less. Without a scheduling conflict, we want to “book” that work. Of course it has to be legal. But not all legal work is useful to our callers. Sometimes we know the end product, though legal, will be junk.

Case in point to illustrate: my late night caller has an emergency. They have an appointment with the Immigration folks in downtown Manhattan at Federal Plaza. They just noticed the requirement that their documents must be notarized. Routine so far, but a little probing uncovered the real facts. One of the documents is a birth certificate from China. The other is a divorce certificate, also from China. NY State law regarding “vital records” permits me to notarize as long as those types of documents did not originate in NY State. There are slightly different procedures for processing a photocopy; different from processing an original document.

I learn the birth certificate is in the Chinese language, and is original. Some specific wording is required, but it’s perfectly proper to notarize the signature of the person named on the document. But, will it be useful for their intended purpose? Frankly, I really don’t know. I suspect they will have to have the document translated by a licensed translator. The translator’s signature will be notarized, attesting to training and accuracy of translation. Atop that would go the caller’s statement as to being the rightful possessor of the document. But, I’m not sure. I explain this to the caller and suggest they contact the authorities as to specific requirements. I could have accepted the assignment; but I feel they would be walking in with notarized junk without the translation.

The divorce decree was even worse. Again, it was in Chinese; but this time the document was not an original, only a photocopy. Similarly, I could legally notarize the photocopy; again using NY State mandated verbiage for photocopies. But the acceptability for purpose is, IMHO, unlikely.

As practicing professionals we know a lot more about notary law than the general public. We also know a bit about bureaucratic processing requirements. Of course we don’t know “everything” but we should know the limits of our knowledge. When I am sure, or almost sure, the work product will meet the client needs it’s a go. But, as is often the case, I am unsure. When I express my doubts they usually ask “what do you think”. That’s calling for my opinion, or to phrase it a bit more honestly – for me to guess. I don’t like to guess, preferring to refer them to the proper authorities to ask their “how should I proceed” question. Also, answering “how should I proceed” comes very close to “playing lawyer”. That must be totally avoided.

Would it matter if the caller told me they were affluent, and wanted to “try” using my notary work; not caring if it was rejected? Sure, if they, knowing my concerns, wanted to “throw money at the project” – I would be happy to oblige. It has to be their informed decision based on whatever knowledge I can provide as to the likelihood of success. I’ve done many “let’s try it and see what happens” jobs. Rarely do I learn the outcome. I don’t know if my caller was pent house or poor house; nor does it matter to me. Ethical notaries will Decline Profitable Junk Work. But, will allow the client to overrule the notary when clients are making an informed decision.

.

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The art of the decline to new notary jobs
http://blog.123notary.com/?p=15783

The right to decline notarization
http://blog.123notary.com/?p=14664

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January 26, 2011

5 Benefits Of Notarizing Your Business Documents

Filed under: Other Guest Bloggers — admin @ 4:25 am

The government does trust the notary public, so their signature or seal is a valid sign of document reliability. Below are a few reasons why you need to have a notary public present when you are signing your essential business documents:

Your contracts become ‘self-authenticating.’
Under the Federal Rules of Evidence, a contract with a notary public’s seal is considered to be self-authenticated; meaning that in the case of a case, the witnesses who signed the documents need not appear in court to verify their signatures. This saves plenty of time, money and acts as a huge convenience in the witnesses favor.

They ensure that your documents are signed under the right circumstances
Technically, the notary public notarizes your signature, not the documents themselves. They are reliable witnesses to the fact that the person whose signature is on the document in question is indeed the one who signed it. They also ensure that the person who signed it was of sound mind and not under any duress. Again, the notary public has to ensure that the witnesses who sign your documents are within the legal right to do so.

Notarization provides clarity
There are many legal documents now that stipulate the way people go about their lives. A Power of attorney is required by a grandchild to make significant, life-altering decisions for their ailing grandparent, or title deeds to transfer ownership of land. With a notary public’s signature, these documents’ validity can be ascertained to avoid grey areas that cause conflicts.

Notaries ensure that the documents in question are adequately executed
All legally binding documents hold the signer to a commitment, and one of the notary public’s duties is to ensure that the signer fully acknowledges the agreements and obligations. For instance, for a will to be valid, it needs to include the signature of the testator, and those of two witnesses, plus a QLD probate process to facilitate execution. Yet, some states will require that a will be notarized for it to be valid. Again, if disputes are litigated, it is crucial to have a notary present. A court considers sworn affidavits as valid if they are notarized.

Protects you from fraud, identity theft, and other kinds of crimes
Having a notary public present during the signing of your documents provides you with the safest possible fallback plan, if not a prevention plan in the case of forgery and other serious white collar crimes. In this age of technology and sophisticated forgery schemes, you cannot go wrong by having your documents notarized. Notarization is now a major risk management tool for all kinds of businesses.

Conclusion:
Many people avoid notarization services because they are an added expense and may take time. However, with e-notarization, you get quick and more convenient services to keep your business documents risk-free.

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January 13, 2011

The journals with check boxes? What does Jeremy say?

Filed under: Journals — admin @ 11:27 pm

Don’t use it!
Any time you check a box rather than writing something in by hand, you are risking making a mistake. You are dealing with legal documents here. Being a Notary is not the same as working for the circus. The consequences for a mistake could end you up in court.

Additionally, many document names have variations. If you check the box for an Errors and Omissions document where the real name is Errors and Omissions Compliance Agreement, you did not reference the correct document.

The more serious problem with check boxes is that many Notaries feel that the laws affecting proper journal filling procedure suddently change the minute you use the check box journal. Many Notaries feel you no longer have to obey the one document per entry law or principle. Not true! The principle is still the same. The signer or borrower has to sign for each journal entry and for each document in a separate journal entry — no exceptions and don’t cry about how much longer it will take you. You are Notaries, not clowns!

My suggestion is to use the regular NNA soft cover Official Journal of Notarial Acts. It is good for any type of Notary act, has room for a thumbprint, notes about the signer, room for credible witnesses, etc. It was all I ever needed and I went through about six dozen in my career.

I first saw a real journal with check boxes recently when Carmen showed me hers. She fills hers out by hand instead of checking boxes by the way (which is correct). However, the journal doesn’t mention that many choices of documents (only about 18) so if yours is a variation on a name of a document or not on the list you still need to write it by hand. The check boxes only encourage bad bookkeeping. So, no more check boxes. We don’t like it. It is not professional, safe or a good practice!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do Notary Journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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