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November 4, 2010

The Florida Notary issues and quirks

Florida Notary Issues and oddities

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

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

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

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

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

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

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

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

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

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

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October 21, 2010

Massachusetts Notary Odd Information

Massachusetts notary odd rules and conditions.

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

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

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

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

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

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

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

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

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

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

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

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May 28, 2010

Welcome to the 123notary.com Blog!

Welcome to the 123notary.com Blog!
 

To see the blog roll with our most RECENT posts, just click on the link below!
http://blog.123notary.com/

Introduction – 123notary.com directory – who we are.
123notary.com is a nationwide mobile notary directory that helps notaries market their notary services and offers a wealth of notary resource materials as well on our resources page.  123notary.com offers loan signing courses and loan signing agent certification courses too.  Feel free to sign up for a listing with us by visiting our advertise with us page on the navigation bar.  We offer FREE listings with low placement and paid listings with medium and high placement.
 
123notary and Social Media
123notary.com has endeavored to build a community feeling by creating various social media profiles over the last few years.  We created a notary discussion forum in 2004. Our forum grew in popularity over the years, but we found that the trends in social media had changed, and that more people prefered Facebook and other providers. Then, in 2009, we created Facebook and Twitter profiles which quickly became very lively.  In 2010, we decided to create a blog, to add a format where we could discuss notary issues in detail.  The forum had a nice form of interaction, but our blog will make it possible to focus on what a particular author has to share, rather than reading a potentially chaotic conversation between a variety of strangers all chiming in.
 
Guest writers
123notary.com will attempt to have a lively notary blog by blogging about the most interesting and critical issues facing notaries today.  In order to spice things up, we will
be having guest bloggers write articles about whatever notary blog topics they find interesting.  The guest writers each have a very different style and write about very different topics than I would write about which will make our blog diverse and interesting.  Our current guest bloggers are Ken and Carmen, but we hope to attract more as time goes on. If you write interesting materials, and want to be a guest blogger with us, just send us an email introducing yourselves, and we will consider you!
 
Topics for discussion

I want to use this notary public blog to discuss issues in a way that can not be adequately done on other mediums.  Forums have too much weak commentary from members with posts ranging from two or three words to a sentence. Some of the input is helpful while others is not on forums.  Very little of the writing on forums is good enough to feature on a resource page.  One major pattern I would like to establish on our blog is to take the best content from the forum and publish it in blog format.  I would select the most popular and helpful forum topics, and condense the more helpful commentary from the notaries in one page in a blog entry.   That way the 90-95% of forum commentary that is not helpful would be filtered or weeded out.  Another pattern I would like to use on the notary public blog is to address major issues facing notaries, in detail.  Rather that focusing on quantity, I would like to address certain pressing issues, and have thorough and quality input about these matters.  Some issues that will be popping up soon will include:  How to handle common problems at signings, Loan Modifications, Billing, Etiquette, e-signings,  How to Dress, etc.,    If there are topics that you would like addressed, you are welcome to voice your opinion.
 
Facebook, Twitter and our blog
We will get materials for our blog from discussions on facebook as one of our sources of information. Our facebook profile is a source of lively discussions and information about the notary world. Each week or two we discuss a different issue and break it in to components.   There will be lots of material to work with.  We will be tweeting about our new blogs on Twitter as a way to get the news out quickly. We may even have a competition on facebook for notaries who can write a great blog article that is good enough for us to post.

You might also like:

123notary.com’s LINKED IN discussion group

123notary behind the scenes
http://blog.123notary.com/?p=2499

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

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August 9, 2024

Maximizing Earnings: The Most Profitable Loan Signings

Filed under: Signing Tips — Tags: — Tom Wilkins @ 12:00 am

In today’s fast-paced real estate and business environment, loan signings are crucial in helping homeowners and business owners secure the funds they need to achieve their goals. Understanding the most profitable loan signings can significantly impact your financial success. This article will explore the key factors that make certain loan signings more profitable and how to maximize your earnings through these opportunities.

Understanding Loan Signings

Loan signings are formal meetings where borrowers sign the documents necessary to complete a loan transaction. These meetings involve the borrower, the lender, and often a notary public, who verifies the parties’ identities and ensures the documents are signed correctly. The profitability of a loan signing can vary based on several factors, including the loan amount, complexity, and type.

Types of Profitable Loan Signings

  1. Home Purchase Loan Signings
  2. Home purchase loan signings are among the most profitable because they typically involve large sums of money. These transactions often require comprehensive documentation and multiple signings, leading to higher fees for notaries. The complexity of the process, along with the significant investment, makes these signings lucrative opportunities for those involved.
  3. Refinance Loan Signings
  4. Refinancing a home loan can be attractive for homeowners looking to take advantage of lower interest rates or better terms. The demand for refinance loan signings has increased in recent years, and notaries can benefit from the steady stream of business. While these signings may be smaller than home purchase transactions, they often occur more frequently, providing consistent income.
  5. Commercial Loan Signings
  6. Business owners seeking to expand operations or invest in new projects often require commercial loans. These signings can be exceptionally profitable due to the substantial amounts involved. The documentation for commercial loans can be more complex, resulting in higher fees for those facilitating the process.
  7. Reverse Mortgage Loan Signings
  8. Reverse mortgages are specialized loans for homeowners aged 62 and older, allowing them to convert part of their home equity into cash. These signings often involve detailed documentation and explanations, resulting in higher earnings for notaries and professionals.

Strategies for Maximizing Earnings

  1. Specialize in High-Value Transactions
  2. Focusing on high-value transactions such as home purchases and commercial loan signings can significantly increase your earnings. Specializing in these areas may require additional training and expertise, but the potential financial rewards make it worthwhile.
  3. Build Relationships with Lenders and Real Estate Agents
  4. Establishing strong connections with lenders, real estate agents, and title companies can lead to a steady stream of business. Networking within these industries will position you as a trusted professional, ensuring you are called upon for the most profitable loan signings.
  5. Enhance Your Skill Set
  6. Improving your skills and knowledge in the loan signing process will set you apart from the competition. Consider obtaining certifications or attending workshops to stay updated on industry trends and best practices. Additional services, such as using an inkless embosser for document verification, can also enhance your value.
  7. Provide Exceptional Customer Service
  8. Delivering outstanding customer service is key to building a successful loan signing business. Ensuring a smooth and efficient signing process will lead to repeat business and referrals, further increasing profitability.

Challenges to Consider

While the potential for profitability is high in the loan signing business, there are challenges to be aware of. Competition can be fierce, and market fluctuations may impact the demand for certain loan signings. Staying adaptable and continuously seeking ways to improve your services will help you navigate these challenges effectively.

Unlocking the Potential of Profitable Loan Signings

Understanding the dynamics of the most profitable loan signings is essential for homeowners and business owners looking to maximize their earnings. By focusing on high-value transactions, building strong industry relationships, enhancing your skills, and providing exceptional service, you can unlock the full potential of this lucrative field. Whether you’re a homeowner refinancing your property or a business owner seeking capital for growth, the right loan signing opportunities can lead to significant financial success.

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March 15, 2024

Innovative Tactics for Notaries to Distinguish Themselves

Filed under: Comprehensive Guides — Tags: — Tom Wilkins @ 12:00 am

Notaries struggle to stand out in online directories in today’s digital world. They need to discover their point of difference for notaries. Identifying what sets them apart allows them to provide more than standard document signings, helping them stand out. These strategies are designed to showcase their distinct advantages, ensuring they rise above the competition with their special offerings.

A Unique Presence Through Customer Experience

Imagine walking into a space not to scribble a name down and leave but to sit, sip, shake hands, and share a brief and pleasant interlude. Transforming your office into a haven for a good customer experience is the first step to notary distinctiveness.

Aesthetic and Practical Considerations

Notaries can create a more hospitable space by considering the aesthetics of their work environment. Soft lighting, comfortable seating, and a warm color scheme can work wonders to ease an often-tense transaction. Add practical touches like a charging station, high-speed internet access, and basic refreshments to make the visit productive and memorable.

Personal Touches

Don’t underestimate the power of a personal touch. Greet your clients by name, inquire about their day, and be attentive to their needs. Remembering their preferences for tea or the newspaper eases the inking process and humanizes the professional relationship, potentially turning a one-time client into a loyal advocate.

Technology’s Hand in Notary Public Services

Integrating new technology into your notary services isn’t just about keeping up with the times; it’s about revolutionizing how you connect with and serve your clients. By weaving digital tools into your traditional workflow, you create opportunities for efficiency, security, and outstanding service that can set you apart.

The Digital Signature

Enabling clients to sign documents digitally can significantly streamline processes. It also shows a willingness to adapt alongside the evolving tech landscape, a trait highly valued by clients seeking quick and convenient services.

Remote Services

The pandemic has shown the necessity of remote services. For notaries, this means being able to notarize documents via video calls. While not universally accepted, this strategy can be a game-changer in areas where it’s legally sanctioned, offering notaries a vast, untapped client pool.

Marketing Magic for Mobile Notaries

In a saturated market, a mobile notary breaks through the monotony, quite literally, with the turn of a key.

The Power of Local SEO

Optimizing for local search engine results can help your mobile notary service pop up exactly when and where it’s needed. Utilize location-specific keywords and ensure your Google My Business profile is complete and up-to-date for quick, easy-to-find services.

Engaging on Social Media

Don’t just use social media to advertise services; engage with the community. Share tips on notarization, discuss law changes and be a virtual problem-solver to establish your brand as knowledgeable and accessible.

Certifying Unmistakable Professionalism

Your professionalism isn’t only about prohibiting unauthorized practice of law. It’s about ensuring quality service garners trust and builds a solid reputation, which can help solidify the point of difference for notaries.

Continuous Education

Stay ahead of the competition by investing in continuous education. Be the notary always aware of the latest trends and best practices and can better serve your clients.

Partnership with Legal Professionals

Building a network with lawyers and realtors creates a referral base and establishes you as part of the larger professional community dedicated to serving public needs.

Stand Out with Distinction

In the world of notarization, every detail counts as a point of difference for notaries. Enhancing your workspace and online presence are key marketing tips for mobile notary services. Successful notaries merge tradition with innovation, adapting to client needs while upholding trust and authenticity. Your seal isn’t just a stamp; it’s a commitment to value. Embrace the challenge to stand out, redefine notarization, and use your distinct mark to make a lasting impact. Blending visibility with exceptional service sets you apart in the digital age.

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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

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June 16, 2023

Conquering Challenges Encountered by Notaries

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

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April 7, 2023

6 Home Office Organization Ideas for Notaries

Filed under: General Articles — Tags: , — Tom Wilkins @ 12:00 am

Are you a notary public looking for ways to organize your home office? Staying organized is critical to running a successful business; having a home office can present unique challenges. From utilizing wall space to streamlining your documents, here are six home office organization ideas for notaries that will make life easier, improve efficiency, and help you become the best professional you can be.

1. Utilize Wall Space

Often small spaces lack adequate storage options, but utilizing wall space can effectively maximize the available area. Consider adding shelves or attaching file organizers to the wall to access important documents and supplies quickly.

2. Invest in Quality Furniture

Many ergonomic furniture options on the market provide support while allowing room for organization. Find something that fits your workspace budget and provides extra storage, such as filing cabinets or bookshelves, to help keep clutter off your desk.

3. Digitize Your Documents

Digital document management systems are becoming increasingly popular among businesses because they can easily store, share, and search information quickly and securely. Notaries should consider adopting an electronic system that works well with their existing hardware setup so they can easily find documents when needed without losing valuable time searching through paperwork or filing cabinets.

4. Declutter & Reorganize

Setting aside time once or twice a year to declutter and reorganize helps maintain an efficient work environment free from unnecessary distractions or wasted time searching for misplaced items. Ensure items have their designated space and periodically check in on things like cords or paperwork piles – if it’s out of place, it’s easy to get overlooked!

5. Implement Technology Solutions

Using scanning and archiving software and cloud-based applications can save a great amount of time spent managing documents by eliminating paper-based processes and manually entering data into different programs like databases or spreadsheets. Automation enables greater workflow efficiency, leading to faster service times for clients too!

6. Label Everything

Labeling everything clearly is essential when organizing any workspace, especially at home, where items tend to accumulate quicker than usual due to everyday living situations like family members using shared areas around the house often (think those snacks are hidden in drawers…). Taking the extra few minutes on this final step will make locating items much easier down the road – saving precious time better spent getting work done now instead!

Keeping one’s workspace organized is key in any job setting – but especially important for notaries who need access to important documents quickly to serve prospective clients trying to find a notary signing agent who offers notarization services. Utilizing these six home office organization ideas for notaries should inspire you to jumpstart your organizational journey toward success!

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January 9, 2022

Which rules are laws, Lender practices, or best practices?

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Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

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January 6, 2022

A tale of four notaries in hospitals

This was originally published many years ago.

 A tale of four notaries and their adventures at hospitals.
 
Hospital notarizations are very tricky and there is a lot that can go wrong. We have several resource pages regarding hospital notarizations to steer notaries away from pitfalls.  The characters in this story are NOT based on real characters, but each one of them has either a single attitude or attribute that is similar to a real person that I am acquainted with.  This silly story will show how each notary fared and how their way of thinking worked in the long run.  The various notaries include an Arkansas notary, an Illinois notary, a Florida notary, and a Pennsylvania notary public.
 
(1) Jeremy Blunt, a notary in Arkansas was called to do a hospital notarization in Little Rock on the following day.  Jeremy, with his blunt, but thorough manner told them, “Make sure to tell the nurses not to drug the patient within eight hours of the signing.”.  The caregiver, who was happy to have a thorough notary, overlooked Jeremy’s blunt manner and was very willing to coordinate a temporary lapse in morphine, so that the signer (an elderly relative) would be able to sign the papers.  Jeremy called an hour before the signing to have the caregiver read the ID information to him, and had the caregiver verify that the signer had not been drugged recently, was awake and able to conversate, and wouldn’t be drugged until after the notarization, and that the nurses had been informed.  The caregiver was standing next to the bedridden signer to MAKE SURE that no intravenus drugs were given.
 
Jeremy arrives at the signing with his notary bag, records the ID in his journal, gets a signature in his journal and the document(s), fills out the certificate form(s), stamps them, affixes his official Arkansas notary seal, staples the documents together, and is done.  Jeremy gets his fee, thanks everyone in a very blunt way, and leaves.  The signers say, “That Jeremy gets the job done — he’s a bit blunt, but polite, and he saved our rear ends big time!!!  That OTHER notary let us down.  Thank god for good notaries!”
 
(2) Linda Liberty, a notary in Illinois was called to do a hospital notarization in Chicago the following day.  Since she had a strict policy of not butting into anyone’s medical business, not asking questions, and minding her own business, she omitted to ask the caregiver if the signer was on medication.  After, all thats NONE OF MY BUSINESS!  The next day, she gets to the hospital, the caregiver says, “Thank you for coming”.  Linda politely says, “Its my pleasure to serve the public wholeheartedly”.  Linda goes to the hospital room where the patient / signer is.  The patient is high on morphine and in a stupor, barely able to keep his eyes open. Linda says, “Sorry, but according to Illinois notary laws, I am not authorized to notarize someone who is not capable of thinking or communicating coherently.  I can not notarize this person in this condition, ID or no ID.  The caregiver (the daughter of the signer) said, gee, thats too bad.  Linda says, my travel fee is $60 for hospitals please.  The daughter says, “BUT, YOU DIDN”T DO ANYTHING”.  Linda Liberty says, “Excuse me, but I drove an hour and a half here in traffic, paid a toll for the bridge, sat here talking to you for twenty minutes, paid $15 for gas, and have an hour drive home. I did quite a bit and I want to get paid!!!”  The daughter said, sorry, but we can not pay you.  We are very sorry.
 
(3) Ralph Machiavelli, a notary in Florida (no relation to Niccolo… at least not by blood), got a call to do a signing of a power of attorney in a hospital in Tampa.  The power of attorney would be for the signer’s son in law to take over all of his banking and real estate transactions. Ralph had lots of experience and thought ahead.  This Florida notary public had had his fingers burned a few times and knew the techniques for keeping out of trouble and getting paid.  Ralph told the client that he collects a $75 travel fee at the door BEFORE he sees the signer.  He, then charges $10 per for stamp for an acknowledged signature which is the maximum allowed fee in Florida.  The son in law of the signer agreed, and they set the appointment for the next day at 10am.
 
Ralph gets to the appointment.  Collects his travel fee in CASH, and says, “Thank you very much”.  Lets see the signer now.  The two of them proceed to walk down the long corridor, around some bends, up an elevator, down another corridor, past a nurse station, to the left, to the right, and then into a room.  They found the signer was drugged, sleeping, and in no condition to sign or even talk.  The son in law tried to wake the signer up.  The signer eventually woke up after twenty minutes of blinking and saying, “mmmmmmm?”.   Ralph said, can you ask dad to sign this form?  The son in law said, I’ll try.  After twenty additional minutes of wasting time (a result of the medication), the son in law said, its no use, they drugged him this morning.  Maybe I have my $75 back?  Ralph says, “I’m sorry, but in addition to traveling, I spent forty minutes here waiting for your signer to sign something.  This was a complete waste of time.  Next time please make sure your dad is ready to sign at the appointed time. That means…. NO DRUGS”.  Ralph returns home with his money.  He pleasures himself with a nice baby back rib dinner, and then returns home.
 
(4) Sharisse Washington, Pennsylvania Notary Public at large, doesn’t stand for this type of nonsense or bluntness that happened in the above three stories.  She has thirty years of experience, and carries a handheld database of how to handle each situation with all its variations and pitfalls.  Sharisse minds her p’s and q’s, dots her i’s and crosses her t’s.  She informs everybody in a polite way, and doesn’t put herself in a position that anything will go wrong either.   This notary in Pennsylvania gets a call to go to a Philadelphia hospital to do a notarization the next day.  She politely asks the client if they have an ID for the signer.  She asks if they could read the ID to her, so that she can verify that they have the ID, and that its current.  She asks if the patient EVER recieves medication or is likely to receive it during the day of the signing. She asks if its possible that they could provide a “WINDOW OF TIME”, where they could be sure that the signer wasn’t going to be drugged.  She asks what the name and type of the document is.  She asks if it is in their possession and if they can read the document to her (so, she can verify that they really have it).  After she asks all of the questions on her database’s check list, the cordially thanks the client for answering her questions and assures them that she will be at the hospital lobby at 10am the following day. 
 
This Pennsylvania Notary calls at 9am to verify that they have the identification handy and that the signer is not drugged. Sharisse shows up at the hospital at 9:55 just to be on the safe side.  The client is there, thanks her for being early.  They go up to the room.  The signer is awake, sober, and conversational.  The signer signs the document and journal. Its a bit if a struggle being old and being weak, but the signer does it… because she is sober and awake… and sober…not drugged.   Sharisse does all of the remaining necessary paperwork, thanks everybody, collects her fee, and is off to her next appointment which she allowed a sufficient amount of time to get to.
 
Now that you have read how each of these four notaries handled a hospital job, its up to you to decide how you want to handle this type of job. Remember, that hospital and jail notary jobs and many more potential pitfalls and things that can go wrong than a regular office or home notary job.  Do your homework, be polite and stay out of trouble, and that way, you will be able to make a living. Otherwise, it is you who will be sorry.

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Do you like your job? A story of being kept waiting forever at a hospital.
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