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July 6, 2021

Notary kidnapped by borrowers

Filed under: General Stories — admin @ 3:09 am

I know, I know, I know. The borrowers like the Notary so much, they wouldn’t let him leave. That’s not what happened.

A guy goes to a signing like he always does. He sits down at the table, and has people sign the documents. The family was rude and used profanity when asking him who he was and what this was about. But, they signed the documents. Then, there was an issue about title, and with a foreclosure issue. The Notary told them that the Note was enough without having a Grant Deed, or QuitClaim to foreclose on the house. He attempted to leave the house, but the husband blocked the door, and the wife jumped on him from behind.

The Notary forced his way out the door. Basically, the family did NOT want him leaving with those documents. He explained that the documents were the property of the title company and not the borrower’s documents and that is why he needed to take them. I’m not sure it was worth it.

After the Notary was out the door and on his way to the car, the son of the couple came out of the house with a baseball bat. This family just isn’t kidding around. The Notary warned the kid that he had a gun and that the gun would be a lot more effective than a baseball bat.

The Notary drove away, and reported the issue to the Sheriff. The Sheriff asked if he wanted them to press charges and he said he just wanted law enforcement to give them a stern lecture since nobody was hurt.

So, when people ask, “Is the mobile notary profession a safe one?” The answer is, if there is a serious issue with the rate, APR, or with a foreclosure, it might not be. This is the second incident of violence against a Notary that I have heard of after serving 65,000 Notaries. It pays to confirm the signing by phone to see if the people are complete nutcases. That extra minute spent could save you some grief down the line.

Comments (11)

May 28, 2021

A clown becomes a signing agent

Filed under: Humorous Posts — admin @ 6:34 am

The clown business gets slow because of Covid-19 (which is no joke) and a clown desperate for business joins 123notary. He starts getting jobs right away because his notes section is so unique with comical references and cute jokes. He goes on his first signing.

CLOWN: I’m Larry and I’m here to do your signing.

SIGNER: Oh, wonderful. Please come in Larry. Love the face paint. I think this clowning around Notary service will really take off.

CLOWN: Before we handle the Deed of Trust, I’m going to juggle the borrower copies, the main copies, and this plastic cup. This is way more entertaining than your last signer I bet.

SIGNER: Yeah. I read the reviews. “This guy is a clown!” and “He’s good at juggling appointments.” So far you didn’t botch any signings it looks like.

CLOWN: Yes, but the scheduling is hectic. Last week was like a circus going to all of my appointments. It will get worse if the interest rate becomes negative. They will pay you to borrow money.

SIGNER: Interesting. Hey look, I have my own rubber Notary stamp…. Ooops, it squirted you.

CLOWN: Hey, aren’t I supposed to do that? On the other hand, maybe that’s why you picked me. In any case, my slogan is — when it comes to getting your signing done on time, and correctly the first time — we don’t clown around.

SIGNER: I like that tiny car you have outside. How do you fit in it?

CLOWN: Oh, I fit with ten other family members. We run around the car three times before getting in. Half of my sister hangs out the window, but it’s all good. Okay, now let’s get serious… please disregard my red nose when trying to be serious. Let me clear my throat… Um-hmmm. Now, I’m serious… (honk honk). We’ll begin with the Deed of Trust, and then we have the Note. Make sure the property address is correct otherwise you might be paying for someone else your whole life.

SIGNER: Okay…

(20 minutes later)

SIGNER: We finished the package!

CLOWN: Now, since you have high ceilings, we went over that by phone, I am going to walk around the signing table on stilts…

SIGNER: Well done. BTW, Fedex is around the corner and their open until 11pm even during Covid.

CLOWN: Super. And last, but not least, a signing with me is never complete unless the signer gets a pie in the face!!!

SIGNER: Excuse me….. too late. I’ll write a review with a photo warning your other clients of what to expect from you.

CLOWN: Most of my clients are bored with their life and this is exactly what they need. Besides, you didn’t have dessert yet tonight, right?

SIGNER: And I am behind on doing the laundry, now I have one more reason to get it done and fast, not to mention take a shower.

THE WIFE: Ha ha ha… He deserves that pie. He has no sense of humor about anything. Thanks Mr. Clown Notary. Let me double check your work to make sure you didn’t clown around notarizing documents…. nope… it’s all good. I use to be a Notary myself, but not the type of Notary you are.

CLOWN: Thanks for everything. I’ll drop the package right away.

Comments (0)

April 13, 2021

The “It can be more but not less” rule

Filed under: Technical & Legal — Tags: It can be more than but not less than — admin @ 6:26 am

Don’t learn this rule. It is interpreted backwards as often as it is interpreted correctly, or scrambled completely.

BAD RULE: “It can be more but not less” rule.
APPLICATION: You can SIGN more but not less…
QUESTION: More but not less than WHAT?
More but not less than what it says on the ID or the document?

This stupid quick rule does not elaborate what you can sign more than and also misses a very critical point. If you cannot prove the name on the document using a photo ID, then you are taking a huge risk as a Notary.

Different states have different standards for identification. Georgia requires you to look at the ID but doesn’t mention whether the ID should match (might be outdated information, but that was what I read a few years ago.) California requires the name on the document to be proven based on the ID and also requires thumbprints for powers of attorney and deeds affecting real property (smart move.) But, regardless of the state, taking precautions and keeping thorough records can keep you out of court and shorten the length of investigations.

BAD RULE: “You can always sign more.”
QUESTION: More than WHAT?
Don’t use rules that leave ambiguities otherwise you will miss critical points due to an omission in the logical process.

JEREMY’S RULE: “The ID must prove the name on the document.”
Interpretation: The name on the ID can be matching and identical or matching but longer than the name typed in the signature section of the document. Additionally, the name you put in the Acknowledgment section should be provable based on the ID. It is possible to put a shorter name on the Acknowledgement than the name signed or printed on the document.

Example.
If the ID says John Smith
But, the document printed name says John W Smith
You could notarize this person as John Smith even if the person signs John W Smith.
Would the title company get mad at you? Would the county recorder record the notarization? Not sure, but at least you would not be breaking notary law by notarizing this way!

JEREMY’S RULE #2: “You can sign more than how the name is printed in the signature section, but not less.”
COMMENT: This is a more elaborate and thorough version of the more but not less rule. If you memorize incomplete rules, you will make logic mistakes and could end up in court as a consequence. It doesn’t happen often, but it could eventually. Why take chances and why be a bad notary? Understand all of the aspects of notarization and yes — it is a lot more complicated than you thought and requires intricate thinking.

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March 21, 2021

With shutdowns galore, will there be a boom in Foreclosures?

Filed under: General Stories — admin @ 12:08 am

The economy has been traumatized in much of America, particularly Democrat run areas where it is much worse. Keeping people out of business is a democratic strategy as it is somehow good for the people. I’m not sure how it is good for the common people, but I will take their word for it. Or perhaps they work for the elites and the hyper-educated who are more than happy to watch the common man starve.

In any case, there will be a huge boom in foreclosures when the courts open up for this type of case. If you have never done one, or never done a Deed in Lieu, it might be time to learn.

The housing market has gone down a little, but for some reason still has not crashed. If it does crash badly I might purchase something, somewhere, somehow. Not sure how!

Comments (5)

January 25, 2021

Vermont Acknowledgment Certificate

Vermont Notary Acknowledgment Certificate. Vermont Acknowledgment Form. Vermont Acknowledgment Verbiage. Vermont Notary Acknowledgment Verbiage. Vermont Notary Acknowledgment Wording.

State of Vermont)
County of ______) ss.

On this _____ day of ________, 20____, before me personally appeared_______________________(name of person acknowledging) to me known to be the person who executed the foregoing instrument, and he (she) thereupon duly acknowledged to me that he (she) executed the same to be his (her) free act and deed.

____________________
Notary Public Signature

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December 26, 2020

Squirrel Becomes Notary Public?

Filed under: Ken Edelstein — admin @ 12:47 pm

Not really, but in the “second time” redo of failed to fund packages; affiants have more than once told me a squirrel could have done a better job. Why is this? It’s not that the notaries don’t know how to notarize; they have problems with related responsibilities. By analogy, becoming a parent involves a relatively simple procedure. Being a good parent is much more complicated.

[She] / He who has imagination without learning, has wings and no feet. — Joseph Joubert
Substitute “Notary Commission” for “imagination” – that describes the situation for many. It’s not difficult to deliver perfection. It does take dedication and an intense desire for the “self gratification” that comes from delivering personal best. When you complete that assignment does it make you feel really good? It should. Knowing that no one, yes, no one could have done a better job should give the Notary a feeling of Pride, and “inner glow” of self satisfaction.

Learning can’t replace experience; but the reverse is also true. In addition to the basic Notary functions (ID check, Jurat/Acknowledgement, Oath, Stamp, Emboss) there is much knowledge to be acquired. Many simply don’t know how to communicate efficiently; neither giving nor receiving accurate and appropriate information succinctly. If you answer the phone with an all too often “hello”; the caller needs to ask “who is this”. Better would be “Good Afternoon, my name is Sally; how may I help you”. Do you need to send 3 emails because you did not ask all the questions in your first? Rest assured the “other side” is forming the “klutz” image of you.

You should have business cards, they are cheap enough. It’s a good practice to “sign your work” by placing your card at the top of the pile. Affix it with a binder clip, never just shove loose pages into a shipping envelope. Then, if someone has a question it’s easy for them to reach you. And, they have your “advertisement” so they know how to reach you for the next assignment. Try to always use stiff cardboard shipping envelopes, not the floppy ones.

Sometimes you win, sometimes you lose. My assignment tomorrow is for a loan package with both husband and wife signing. She is bedridden – they will make the process very slow. I will bring a clipboard for husband to bring pages; one at a time, to wife for her signatures and initials. Not knowing for sure the ailment; I will keep away, but be sure to actually witness the fact that she did indeed sign where necessary. It will probably take quite some time as she is a co-borrower and signs almost all pages. Some are easy, some are hard. Last week I had a 9 page job for my standard fee; it took 5 minutes. It averages out. Don’t develop an attitude when things go slowly – like the classic sign in the coffee shop: Don’t complain about the coffee, someday you too will be old and weak. With an eye to self preservation by avoiding sickness – we can and should do everything possible to accommodate those “less fit” than ourselves.

Lastly, be of good cheer. Nobody likes to work with a sourpuss. A smile and a few kind words will help the process go smoothly, for all concerned. Most people will “reflect” the way you act in their behavior to you, so be pleasant in the face of difficult situations. When you handle that “tough” one – detail what you did when asking for a review; you will often receiving a glowing one!

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November 23, 2020

Notary Test about Notary acts and more

Filed under: Technical & Legal — admin @ 9:41 am

Here are some test questions for you guys to see who’s got it and who has been faking it all this time.

1. In an Acknowledgment, who acknowledges what?

2. In a Jurat, does the signer swear that they:
(a) Signed a particular document and that they agree to it
(c) Are the person who they claim to be
(d) All of the above

3. If a document was signed on March 1, 2001, and today is March 2, 2020, what type of notary act can you use to notarize the document without having it resigned?

4. When administering an Oath to an affiant, after having the affiant raise their right hand (or paw) the Notary should start with the words:
(a) I solemnly swear
(b) Do you solemnly swear
(c) Do you affirm
(d) I solemnly affirm

5. What is the difference between an Oath and an Affirmation?
(a) In an Oath you swear; In an Affirmation you Affirm;
(b) They are essentially the same
(c) In an Oath, the affiant swears under God; In an Affirmation the affiant affirms on their personal honor;
(d) In both acts the affiant makes a solemn promise

6. A proof of execution is an act where the principal signer:
(a) Does not show up
(b) Must show up because the signer must show up for all notary acts
(c) Does not show up, but has someone show up for them
(d) There is no such act.

7. If you have two names on an Acknowledmgent (John & Sally) but Sally cannot make it, what is the most pressing benefit to crossing her name out on the form rather than using a fresh form.
(a) Your recording fees will not be affected
(b) There is less danger of the new form being detached and used fraudulently
(c) It is easier
(d) It will look better in court because it is “cleaner” than using a new form and stapling it to the document.

8. If you are notarizing the signatures of three people each on ten Grant Deeds, how many journal entries should you use?
(a) 1
(b) 3
(c) 30
(d) 13

9. If you are notarizing the signatures of one person on five Grant Deeds, how do you differentiate the Deeds in your journal?
(a) Indicate the property address
(b) Indicate the APN number
(c) Indicate the document date
(d) Just say, “Grant Deed” in your journal entry(ies)

10. If you are at a loan signing and have a question about a notarization…
(a) You should ask title
(b) You should ask the lender
(c) You should ask the NNA
(d) You should ask your state Notary division

Summary
These are very important notary questions. Answering them correctly will help you know your job and reduce your chance of ending up in a sticky situation. You can consult our Notary Public 101 course on the blog to look up content regarding these points although we don’t address these specific questions in particular.

Comments (3)

November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: Fines for Notary Misconduct, Notary fines, Notary Misconduct — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

November 6, 2020

Notarizing Multi-Page Documents

Filed under: Technical & Legal — Tags: A notary notarizes signatures on documents, Notarizing multipage documents — admin @ 9:35 am

Should a Notary notarize every page of a document? How can a Notary or signer safeguard themselves from someone swapping pages in a document after the notarization has taken place? You need answers! Here they are!

1. A Notary Public notarizes signatures on documents, not pages on documents. A particular page or pages might have notary certificates within a document. Or, a certificate could be stapled to the back of a document. Ideally that certificate should identify the corresponding document. If you have a ten page document, there will most likely only be one, and possibly two pages with notary wording.

2. A prudent Notary Public carries what is called an inkless embosser that leaves a raised seal impression. This is in ADDITION to having the legally required inked seal that is used with blank ink. The embosser can be used to emboss every single page in a notarized document. I did exactly that on everything I notarized even if there were 100 pages. I did this for safety reasons. I did not want people to get away with switching pages after the fact and dragging me into court as a result of someone else not liking the idea that a page was swapped.

3. If a signer swaps a page from a notarized document, and that page was embossed, they can still swap the page. However, it will not be legal, and it will be very obvious to the Notary Public if investigated that the new page was not part of the original notarization as the notary embosses all pages — if the notary indeed was the type of notary who embossed all pages — like me!

4. Some people initial all pages. Initialing is a type of precaution. But, initials can be forged easily, and it is sometimes not easy to tell if they were forged.

5. If a document had a page swapped, the staple and staple area in the pages might show evidence of tampering. The degree of evidence depends on how skillful the fraud was at swapping pages. Luckly in my career of 6000 Notary appointments I did not have this issue.

6. If you need to add a page to an already notarized document. What can you do? You have to notarize the entire document all over again. I had that happen. What a pain. The signer wasn’t happy. Sorry — just following the law!

You might also like:

Notarizing Multi-Page Documents 2011 edition
http://blog.123notary.com/?p=1706

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Penalties for misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How often do Notaries end up in court?
http://blog.123notary.com/?p=19914

Comments (2)

November 5, 2020

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