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November 24, 2011

How do I get an Apostille or Authentication?

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 closeby, so it can be labor intensive to get to them.
 
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 are NOT members 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.
 
Some documents need to be authenticated before you can get an Apostille, while others don’t.
 
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, below there is list of notaries in various locations who know the process well.
 

San Diego, CA — Joe Ewing

 
Los Angeles, CA — Carmen Towles
 
San Francisco, CA — Glenn Turner


Sergio Musetti — Cotati, CA

 
New York City, NY — Linda Harrison
 

Oradell, NJ — Linda Harrison

 
What is an Authentication?
This certificate accompanies an Apostille.  The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.
 
When do I need an Authentication?
This is a tricky question.  Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

Apostille general information
http://blog.123notary.com/?p=21419

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

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November 14, 2011

Power of Attorney Signings

Power of Attorney Notary Signings
 
It is common for notaries to get a job notarizing a signature of a grantor on a power of attorney document.  It is also common for a signer who is the attorney in fact to sign documents in their official capacity as an attorney in fact.  The problems is that most notaries haven’t a clue how to handle this type of common, yet critical situation. 
 
Types of powers of attorneys
First of all, as a notary public, you are not required to understand the contents of the document.  For an acknowledged signature, the signer should be named in the document and should sign it.  Other than that, you just need to be sure the signer understands the document, and you shouldn’t have any indication that the document is fraudulent (how would you know anyway?).  Their are banking powers of attorney, durable powers of attorney, health care powers of attorney, and living trusts which are a sort of power of attorney. There are other types too, but these are the most common ones.
 
What does a notary need to know about powers of attorney?
You need to know who a grantor and grantee is.  You need to know who an attorney in fact is (= the grantee).  You need to know how the attorney in fact signs a document.  You need to know that California notaries must take journal thumbprints when notarizing signatures on powers of attorney.
 
 
Is the form I am using acceptable?
Notaries may NOT recommend particular power of attorney forms, nor should they assist in filling them out.  The notary should look for blanks, and refuse to notarize if there are any blanks in the document.  It is not a crime for a notary to have blank standardized power of attorney forms in their briefcase, so long as they make it clear that they are not giving legal advice and not recommending the use of those forms.  You might tell the client that they should check with the document custodian (whomever they are submitting the documents to), to see what type of paperwork they will accept.  What is legal, and what is acceptable to the recipient are often two different things.
 
Banking power of attorney
Most banks have their own power of attorney form which is on card stock and leaves about half an inch to squeeze your two and a half inch wide notary seal (how educated of them!).  If asked to notarize a banking power of attorney, just do what the client asks within the limits of the law, but for your knowledge, you should be aware that the bank may not accept a power of attorney that they didn’t draft and that the client might be advised to check with the bank before doing any business with a notary public. 
 
How does an attorney in fact sign?
The person who has been granted special powers from a power of attorney is the grantee or attorney in fact.  They can sign in two ways that I am aware of.  If the grantor is John Doe, and the attorney in fact is Sally Smith, here is how Sally signs on behalf of John.
(1)  John Doe, by Sally Smith, his attorney in fact
(2) Sally Smith, as attorney in fact for John Doe
 
Power of attorney documents at a loan signing
Whether or not the loan will be accepted is hard to say.  However, many lenders will require a copy of the power of attorney to accompany the documents. 
 
Acknowledgment Forms
Some acknowledgment forms allow the notary to identify the capacity of the signer.  One of the standard check boxes on an acknowledgment certificate form is for attorney in fact, and other corporate offices are sometimes mentioned as well.

You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Notarizing Documents for the Elderly
http://blog.123notary.com/?p=3334

Notarized Affidavits Information
http://blog.123notary.com/?p=1963

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

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April 20, 2011

Hawaii Acknowledgment Form

Here is an example of Hawaii Notary Acknowledgment Wording

State of Hawaii
County of ___________
SS

On this ______ day of ____________, 20_____, before me personally appeared___________, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed.

(Seal)

_____________________
Signature of Notary Public

Print Name:____________
My commission expires: _____________________

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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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April 2, 2011

Wyoming Acknowledgment Certificate

Here is an example of a Wyoming Notary Acknowledgment Form

State of Wyoming
County of ____________________

This instrument entitled _____________________________ was acknowledged before me on ______ (date) being acknowledged ____________________________ by ____________________ (Name of Person) .

(Seal)

________________________________________
Signature of Notarial Officer

________________________________________
Title (e.g. Notary Public) OR Rank (Rank if officer in active military)

My commission expires: __________________________________

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April 1, 2011

Notarizing a dominitrix

Filed under: General Stories — admin @ 9:20 am

NOTARY: I”m here to notarize your application.

DOMINITRIX: Oh, you must be my 4:30.

NOTARY: Excuse you me?

DOMINITRIX: Sit over there!

NOTARY: Okay.

So, the notary sits in a bench surrounded on both side by whips hanging from a board and bizarre outfits on the other side hanging on hangers. He is perplexed as he has never been to a place like this before.

DOMINTRIX: You have been very very bad. Come with me.

NOTARY: No you see, I don’t backdate — I’m not bad.

DOMINITRIX: Okay, please bend over.

NOTARY: Excuse me? You see, I’m the Notary. I’m not your client of whatever it is that you do here.

DOMINITRIX: Oh…. misunderstanding. I thought you were Frank, my 4:30 appointment. He’s the one who has been bad. Can I give you a sample anyway?

NOTARY: A sample of what dare I ask?

DOMINITRIX: Of my work. Frank looks like he is either late or not coming at all. Why don’t we notarize my form first.

NOTARY: Your ID please….. And please sign my journal here. Please sign on the x.

DOMINITRIX: I have my own X over there. But, it is not for signing, unless you want it to be.

NOTARY: Good God, what do you use that for?

DOMINITRIX: That is for restraining people.

NOTARY: I see. Hold on… Okay, your form has been notarized. That will be $50 for travel and my notary services.

DOMINTRIX: So, would you like a sample now that we are done and I have a little free time.

NOTARY: Am I going to regret this?

DOMINITRIX: Yes, but not that much. First of all, we need a safe word.

NOTARY: Okay, how about Locus Sigilli.

DOMINITRIX: Location of the stamp? How do you know Latin? That is what I studied at school.

NOTARY: It is a Notary term or “terminus notarius.”

DOMINTRIX: Now you are talking fake Latin.

NOTARY: Better than pig Latin.

DOMINITRIX: Good point. Okay, I am going to restrain you to this device. It any of my work gets to be too much, just say the safe word.

NOTARY: Deal…

So, the dominitrix proceeded to whip the Notary with over a dozen different whips, floggers, crops, and paddles and then tried to force the notary to admit to forging a signature. The Notary refused to admit it no matter how horrible the punishment was. At the end of the sample session which only lasted five minutes the dominitrix asked why he would not admit to forging the signature. The Notary said because if someone had forged the signature it would have been a client. The dominitrix admitted that he was making sense.

DOMINITRIX: One more thing.

NOTARY: Let me guess. You also do weddings and bar-mitzvahs?

DOMINITRIX: No… don’t forget your seal and journal.

NOTARY: Oh yeah… In any case…. have a nice day and most of all — don’t be bad!

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March 17, 2011

If the world ends, do I get a refund?

Filed under: Humorous Posts — Tags: , , , — admin @ 10:10 am

If the world comes to an end, do I get a refund?

 I was joking with a client by email tonight.  She asked when her renewal date was for her notary public listing.  I said its 5-01-2012 which is almost eight  months before the end of the world according to the Mayan calendar.  She asked if she would get a refund if the world ended prematurely.  I said, that if the world ends, we will be living in the same situation that Northeast Japan is in — or worse!  There would be no mail, no banks, no mail trucks, no email, and we would have to rely on mental telepathy. That means that there would be no way to get the refund check to you, and no money, and no banks — just debree.  What I said to the out of state client was, “Look on the bright side, maybe the rest of the world will be destroyed, but Los Angeles will be fine!”
 
The Mayan calendar
Personally, I believe strongly in astrology. I live with an astrologer, have heard a lot about Vedic astrology and how detailed it is, and have read several books about Mayan astrology. I even took a course in Chinese four pillars astrology for date selection. Each system is remarkably different, yet they are all reliable enough to use regularly.   So, if the world is going to end, I better hurry up and do whatever I want to do, right?
 
Exact dates?
My astrologer housemate insists that far away planets and constellations don’t have an effect necessarily on the exact date when they are charted to be in a particular position.  So, I believe the same applies to Dec 23rd, 2012.  I believe that the 2012 disasters have been warming up for decades and will apex in 2012 or 2013.    The 2005 tsunamis were an appetizer, the Japan 2011 disaster tsunami is part of the warm up too  The Pakistan and China earthquakes, New Orleans, and 911 are part of the scenario too.  The problem is that the real disasters won’t come for another one to four years.  Solar flares will come that disrupt, or eliminate cell phone communications.  Megatsunamis and 9.0 earthquakes all over the place.  Rising sea levels from the melting of the Ross ice shelf means no more Louisiana, Bangladesh, Tokyo, Netherlands or Florida.  Cities on low ground will be wiped off the face of the earth from rising seal levels.  Japanese cities are mostly below 20 feet in elevation.  No more Toyotas for us!!! Wars and rumors of wars are supposed to happen too.  Scientists, the Bible, and psychics are agreeing on a lot of what the scenario is supposed to be.  Prayer is the only reliable way to safeguard yourself.  Only god can save you and your notary public business — even if you don’t believe in god! 

 
It doesn’t seem to hit at the same place at the right time.
 One month we have an earthquake in one place, then Haiti has an earthquake, then there is a hurricane in another place, an earthquake in one country, and a revolution in another, a future earthquake in San Francisco, and so on and so on.  The damage will not come all at one date or in one place. So, far the world has had many disasters, but our notary public work and notary businesses are still in business!  The  world economy is still in business.  911 effected things more from the reaction that Americans had to the catastrophe, but the reaction made it 100 times worse. People didn’t want to fly anymore and many airlines went out of business and lots tons of cash for more than a year.

So, what is realistic?
Who knows.  I am not able to predict anything, but nothing surprises me either. If you are a signing agent, the problem is that the global and national economies effect you.  If China stops lending America money, then interest rates will go up and nobody will afford to buy properties.  Then notary public signing agents will be in big trouble.  But, what if wealthy Chinese people start coming to California and Oregon to buy up properties.  Then the price goes up so high that we can’t afford a house, but notaries will have work at least.  If there is a disaster and Florida goes under water due to global warming, many of them will go to Georgia and Texas, and the prices of real estate will go up in those other places which means more jobs for notaries.
 
What if things are fine where you are… but..
If you are sitting in Arizona and things are fine, but Los Angeles is hit with a 9.1 and New York City gets obliterated by a tsunami, then wall street will no longer exist and the whole nationwide lending market might actually have to shut down for a long time.
 
What do I suggest?
Save your money and keep 100 gallons of water, first aid equipment, and storable emergency food at home.  Have a crank radio, and boots too, because you might have to walk over power lines.  Keep the water rotated, so its always fresh, and put a few drops of bleach in it.  Keep cash hidden, and have money in the bank just in case.  You have no idea what could hit us, and for how long our cities, country, or world could be out of commission.
 
On a brighter side
Sorry, no notary public listings refunds if the end of the world comes before your renewal date. But, you might get to meet some cute green people from spaceships who come to rescue us.  And Jesus is scheduled to arrive on planet earth sometime soon according to revelation.  You might not be around to see him, but think how happy the others will be.
 
Think positively.
Don’t pay any attention to what I have written if you are in the notary pubic / notary business.

Don’t worry… be happy!

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February 5, 2011

The Signing from Heaven

The Signing from Heaven

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

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

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

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

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

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

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

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

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Borrowers and their filthy homes

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January 30, 2011

A Tough Act to Follow

Filed under: Andy Cowan — Tags: , — admin @ 11:05 pm

1923 was a year that made history. President Warren G. Harding unexpectedly died in office, and Calvin Coolidge was sworn in as the thirtieth president by his father, John Calvin Coolidge, Sr.

The public hadn’t exactly been in love with Harding’s scandalous administration. And “Silent Cal,” as the new Prez came to be called, wasn’t exactly Mr. Excitement. But Cal’s old man? Now there was a significant figure. The first and last notary public to swear in the leader of the free world!

Notice I said last. Toss aside the fact there was concern over whether a state notary public had the power to administer the presidential oath of office, which is why Cal repeated the oath after he returned to Washington. For a “silent” guy, he sure liked to take oaths.

No, the real reason John Calvin Coolidge was the last of his kind: His ego exploded.

Recently released transcripts (not authenticated by a notary public, but don’t hold that against me) indicate John Calvin rubbed the noses of his fellow notary publics in his rarified accomplishment.

JCC: “How’s work treating you?”

Fellow notary public: “Fine.”

JCC: “That doesn’t sound too ‘fine’.”

Fellow notary public: “I certified a transaction today.”

JCC: “I swore in the President.”

Fellow notary public: “I swore in the shower. It involved your name and a blunt instrument.”

JCC: “Come again?”

Fellow notary public: “I know you swore in the President. You won’t let anyone forget you swore in the President!”

JCC: “How could anyone forget? It was unforgettable. I put my stamp on the book of history. You put yours on, what was it again?”

Fellow notary public: (mumbling) “A transaction.”

JCC: “Sorry, I forgot.”

Fellow notary public: “Why don’t you take a page from your silent son I’ll gladly certify, and shut your trap?”

JCC: “I don’t need your seal of approval, my little man. The President I raised and whose right hand I raised gave me his, or I wouldn’t have been chosen to raise it!”

KABOOM!

That wasn’t the fellow notary public’s weapon silencing his detractor. It was the sound of an exploding ego.

Andy Cowan is an award-winning writer, producer and performer, whose credits include “Cheers,” “Seinfeld” and “3rd Rock From the Sun.” He can be reached through his website, http://upanddownguys.com

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Notary accidentally gets arrested for robbing a bank?
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Compilation of Notary Stories
http://blog.123notary.com/?p=21898

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January 28, 2011

Don’t be intimidated

Filed under: Technical & Legal — Tags: — admin @ 9:18 am

HOW MANY TIMES HAVE YOU AS NOTARIES HEARD THE FOLLOWING?
Don’t be intimidated. Know the laws and stand your ground. Be an empowered Notary!

1. My lawyer said that you don’t need to attach anything. Just sign it and I will get out of your hair.
2. The other Notary I went to did not attach anything to the same document. Why are you?
3. Look, I used to be a Notary. Don’t give me a hard time.
4. I am a Lawyer…I do this for a living. Please don’t question me.
5. Look, if you don’t do it there are a hundred other notaries who will be happy to have my business.

At the end of the day, you need to be confident in the Notary Laws. Take the 123 Notary exam and be listed as an Elite Certified Notary. At the beginning of every year print out the Notary handbook with any new law and us e it as your bible and source of reference when you are questioned. It will add to your credibility and boost your own confidence when you interact with the public especially an attorney who thinks he is the repository of all knowledge and just miraculously knows more than you a licensed Notary.

I have had encounters of the worst kind with Lawyers, Doctors, Real Estate professionals and even other Notaries who have repeatedly challenged me and when they did not like what I had to say took to the internet and unfairly left me and my company bad reviews spewing the most vituperative and vile stuff. I responded in a cool and calm manner on why the reviews were without basis and let the readers decide for themselves.

Here are a few examples of things you are asked to do that you should not do under any circumstances if you want to be a trusted Notary and keep being an advocate of best notary practices.:

1. A Doctor wants you to put your seal on the photo when the Notary Laws prohibit you from doing so.
2. The name on the document does not match the name on the ID
3. An Attorney does not want you to even glance through the document to check if it is complete complaining that it is an invasion of his client’s privacy.

You are licensed and knowledgeable. Don’t let people push you around. Enjoy what you do and help people in the process.

.

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Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

The ID says John Smith
http://blog.123notary.com/?p=19953

The one Notary that used the embosser was the one Notary that…
http://blog.123notary.com/?p=19650

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