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April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

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Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

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Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

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Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

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What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

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Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

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Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

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There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

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These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (28-30) Beneficial Interest, Negligence, E&O
http://blog.123notary.com/?p=14532

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

Fraud & forgery in the Notary profession
http://blog.123notary.com/?p=2294

What is a venue in a notary certificate?
http://blog.123notary.com/?p=8454

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April 12, 2015

Point (18-24) Notary Competence; Marcy’s Hospital Signing

Filed under: (2) Technical and Legal — Tags: , , , , — admin @ 10:47 pm

Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!

The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.

The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!

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Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.

On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.

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Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:

The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.

It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.

The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.

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Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.

New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas

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Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian

(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.

(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.

(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.

(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?

By the way, the name of the person who swears under Oath is the Affiant.

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Here are some other points about certificates

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Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.

Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.

Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.

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Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.

Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!

What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
Many Notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.

What steps are necessary for a Signature by Mark or X?

(1) You need two Subscribing Witnesses who witness the Signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal.
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal.
(6) Keep in mind that this is a very unusual notary procedure and is tricky.

Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses sign the document and the journal. In California, one witness signs the signer’s first name and the other signer signs the signer’s last and middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.

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Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.

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Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514

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

The Signature Affidavit
http://blog.123notary.com/?p=13190

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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March 3, 2015

I was Forged

Filed under: Ken Edelstein — Tags: , , — admin @ 8:12 am

I was Forged
I receive an email, supposedly from Germany. I was asked to verify that I did the notarization on a Will and an Affidavit of Claim. The sender included PDF copies of the two documents. They were hilarious forgeries. The signatures of my name as Notary on the Will, and as Commissioner for Oaths were not even close. Oddly, the first letter of my last name was signed with a lower case “e”, not a capital “E”. I replied that the documents were not signed by me.

The “notarization” of the will did not include an image of my notary stamp. In NY it’s required to either type or print the notary information under the signature. Also, notaries who are not attorneys are not allowed to notarize the signature of the person who the will is for. The will had my name as also notarizing the witnesses. Each name in the notary section was written with a different handwriting. An image of the seal of New York State was copied onto each document, presumably to replace a proper notary seal. It was a mess.

New York City does have a Commissioner of Deeds office, similar to the much more useful statewide Notary function. However, the forger replaced “Deeds” with “Oaths” – clearly this was not the work of a dedicated professional. The amount involved was in the tens of millions, in US dollars. Even stranger: these were to be used to settle in a German court. Usually, US notarized documents bound for other countries receive an Apostille; but it was not present. Of course it could not be. Part of the Apostille issuing procedure (in NY) includes notary signature verification.

So much for the actual forgery; I thought my reply ended my involvement. However, the next email from Germany raised the alarm bells. I was asked if the named beneficiary to the Will was “a fraud” and if the Affidavit of Claim was a fake. Now I was being asked IMHO a legal question. The second reply was very carefully worded. “The determination of fraud and fake are issues to be determined by the courts”. You never really know who is sending the email and if they have a hidden agenda. Write emails in such a manner that they can’t be used against you in litigation.

US currency is designed to thwart counterfeiting. But, if the recipient does not make an effort to examine the cash; even the most inept efforts are successful. In a similar manner, the recipient of a notarization should make some effort to verify its authenticity. An attachment issued by the NY State County Clerks, the Authentication; specifically mentions the signature being verified. Their form is “overstamped” after being affixed to my notarization. The issue of a “cut and paste” of a valid notaries signature onto a document fails under close examination. It might “look good” but a crime lab will find toner not ink in that signature.

As my name is “out there” on the internet it was easy for the person in Germany to obtain my email address. I can only wonder how many other forgeries are out there. Thankfully the forgery was legible and that gave access to me. Which is worse? An illegible signature that does not “point” to the notary, or a clear one that specifically spells your name? Perhaps the legibility was to permit the recipient to “look me up” to verify I was really a notary. What can be done to stop this abuse? Nothing I can think of. Sticking to my registered signature, using stamp and embosser (always) makes it easy to spot a forgery. If you have actually had to appear in court to contest a forgery please leave a comment detailing your experiences.

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You might also like:

Fraud & Forgery in the Notary Profession
http://blog.123notary.com/?p=2294

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January 20, 2015

The Signature Name Affidavit

Filed under: Affidavits,Ken Edelstein — Tags: , , , — admin @ 11:29 am

The Signature Name Affidavit
An extension of the simple signature affidavit (this is my signature), is the signature / name / AKA affidavit. Here it becomes a little bit more complex for both the notary, and the affiant. Understanding what are probably the two most frequent uses for the form helps to jog my memory as to their importance, and how they should be processed.

Both the single name format and the multiple name formats generally use Jurat wording. As, when you think about it; an acknowledgement kinda violates the basic purpose. It would be useless. That routine notary statement “Subscribed and sworn (affirmed) before me…..” is the key. This document contains, under oath, a notary witnessed (after checking ID) signature sample. Experts can compare the “known to be authentic” sample against the signatures on the questionable documents. Both formats, if ever used, will probably see a courtroom. Always use your embosser on these.

The multiple name section has the affiant making an additional statement “I am also known as”. Generally this provides a means of processing slight variations in signatures. For example, they may miss a middle initial on one of their signatures. But only if it’s completed correctly. I am looking at a signature name affidavit that has first middle and last at the top. In the “also known” there is one entry preprinted, that one uses the first and last name. But, what if they sign first, init, last? That very likely situation is not covered by preprinting. However, there are a few blank lines for the astute notary to use. Printing (generally on the left), first, init, last; and having them sign on the right using those name components. Now if they sign first init last; on **ANY** document, that document (per their own sworn statement) has their legal signature. This catch might make the closing go smoothly. And, let us not forget; eliminate the need for a free correction trip!

Now for the hard part. The above paragraph was just a warm-up; prepare for some grief. There are AKA entries that raise the eyebrows of the affiant. Very few of them will object to adding or subtracting variations possible of the middle name; they will sign off on that. However, when there are one or more entries that are vastly different from the legal name there is a problem. The root of the problem will never become known to you. They want “confirmation” of the extreme variation to deal with a situation that might have started as a clerical error. This blog entry makes no attempt to deal with the issue of fraud issues related to AKA entries.

I have had affiants, often in their attorney’s office; hand add the term “have never been known as” to a line item, adding proper initialing. They then proceed to sign the rejected name. It’s their sworn statement, and their lawyer wisely wants their statement completely truthful. It is possible that the processor of the signature name affidavit just glances to see that “the boxes are full”. I don’t know the odds, but the few modified ones I notarized did not bounce back. How could they? The affiant modified the form to reflect the truth, sworn under oath.

You can’t suggest the “never been known”, unless you are an attorney. So, lacking a parachute; the affiant will sometimes refuse to sign. If possible call “upstream”, and let them work it out. When nobody was reachable, I accepted them signing only at the top. It’s a fine line between making something available to sign; and exerting influence to sway their sign, no sign decision.

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You might also like:

The Signature Name Affidavit (2016 version)
http://blog.123notary.com/?p=16298

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

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December 16, 2014

A forged document vs. a forged notary seal?

Filed under: Legal Issues,Popular on Facebook (A little),Technical & Legal — Tags: , , — admin @ 7:25 am

What if the document was forged.
Imagine that you are a notary public who just got in huge trouble for notarizing a forged document. It is not your responsibility to know that the document was forged. It is only your responsibility to know that the person who was documented as signing the document appeared before you, proved their identity, and signed the document before you notarized it.

Forged Identification
Or what if the ID used for the notarization was forged? You can still take journal thumbprints and that can get you off the legal hook a lot faster if you keep a record of those thumbprints. But, what about a forged notary seal?

E&O won’t help unless you made an error.
Some notaries think that since they have Errors & Omissions insurance that they will be covered. But, does E&O cover legal expenses? The real problem is that E&O will probably say that the notary didn’t make any errors — it was someone else who forged their seal. Therefore it is a criminal matter, and the notary in question is not at fault — providing you can prove that the notary seal indeed was forged.

If your notary seal was forged, how would you prove it?
My notary seal’s impression was copied onto an Acknowledgment form. The notary’s handwriting on the form didn’t match mine at all and they didn’t cross out the his/her/their or the (s) on the certificate either proving that they were not me, and most likely not a notary (at least not a good notary.) If the borders on the seal don’t match yours, that is another clue. If you don’t have a journal entry of the transaction, that might void the notarization entirely in certain states — not sure what the law says about that one. But, it could constitute proof that you didn’t do the notarization in question if there is no journal entry, assuming that you always keep a sequential journal entry of all notarial transactions.

What if you are sued?
Unfortunately, as a notary, if you are sued for fraud, or being involved with fraud, you could lose $20,000 in legal expenses only to be proven innocent. You lose, even if you win. E&O insurance won’t protect you if you are not at fault. So, if you are falsely accused because someone else did fraud including a seal forger, a corrupt Title Officer, or someone else, you can get in big trouble. It is best to try to reason with the plaintiff and prove to them through whatever evidence that you have that you are not one of the parties to be blamed. You can also tell them that you will counter sue for legal expenses and time lost if proven not guilty.

Identifying the fraud
One of the issues in catching a fraudulent impostor notary is that they are hard to catch. The only people who have seen them would be notary customers. Those customers would have found the person’s number online or in the yellow pages or through a referral. Notary clients very rarely check the ID of the notary, so the notary could be an impostor and get away with it for a while without being caught. But, why would an impostor notarize many people. Chances are that the impostor notary would be well acquainted with the individual who forged loan documents, or could be the same person which means that nobody would see him or catch him. If he forged the signature of the borrower as well, then it gets very complicated. Three forgeries in one! If they forge a notary seal, the forged seal might have the name of a real notary on it. In such a case, the real notary would be able to prove through his journal that he never notarized that forged document. Additionally, the forger would have to not only forge the signature of the borrower, but also of that particular notary which would require quite some skill. I always used an embosser that left a raised seal in the document. A fraud would have to be pretty clever to forge my seal and my embosser and use it like I did — and in the one case where my seal was forged, they didn’t have the brains to do it correctly and got caught (but, not necessarily prosecuted – or at least I was not informed of what happened after the fact.)

.

You might also like:

Fraud & Forgery related to the Notary Profession
http://blog.123notary.com/?p=2294

An absurd forgery of MY notarization
http://blog.123notary.com/?p=19974

Facial recognition techniques can help you spot fake ID
http://blog.123notary.com/?p=20242

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

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September 12, 2014

New Notary Apps for the iPhone 7 that you’ve never dreamed of!

Filed under: Best Humorous Posts,Popular on Linked In,Popular on Twitter 2014 & 2015,Virtual Comedy Themes — Tags: — admin @ 8:41 am

Many notaries are curious to know what the new iPhone 7 will be like. The truth is that it will have many new functions and apps that are very practical for notaries. Below are some of the more practical apps.

(1) Signing Company Review App.
The best feature of Notary To Go is that it knows which signing companies are good or bad. If a good signing company who pays on time calls you, you’ll automatically get a marimba music ringtone. If they don’t pay on time – “The Shining” music ringtone.

If you ask SIRI to research signing company reviews, her tone of voice is programmed to vary based on the quality of the signing company.

More than 50% negative reviews – Siri sounds suicidal.

20 to 49% negative reviews – Siri sounds snooty.

0 to 19% negative reviews – Siri sounds cautiously optimistic.

(2) Find the lowest price for gas app.
Siri also locates the nearest most inexpensive gas stations for notaries.

Siri can be set to “polite,” “matter of fact,” “sarcastic,” or “down right insulting.” In a test signing, the notary set it on sarcastic level 3 and asked Siri to find him the best price on gas in the area and Siri said, “you cheap gum.” After the bugs were worked out, she said, “you cheap bum.”

(3) Notary Billing app.
The new notary billing app lets you enter each signing after it is complete, who the borrowers were and the name of the signing company. It will automatically send bills to the company. It can also Subpoena a signing company that hasn’t paid on time after sixty days if you put it on “auto-subpoena.”

(4) Road condition app
The iPhone7 road condition app, not only tells you the fastest route to wherever you are going, but also informs you of any new potholes on the road, or if there are any desirable members of the opposite gender that are noteworthy on any particular route.

(5) Affirmation App
Detects whether signer’s solemn statement of truth made under penalty of perjury is actually truthful. Just attach one end of the wire’s attachment to the affiant’s fingertip, and insert the other end into the USB port. The display on the monitor will tell you if the statements are true or false. Please read the instructions and ask a few sample questions first to get a sense of interpreting the results from this type of test.

(6) Virtual attorney-in-fact.
A virtual person can be authorized by a power of attorney to act on behalf of another using this app. Just scan the power of attorney using a portable scanner and attach the scanner to the iPhone using a USB wire. One notary tried this app, and got a little carried away. He got the Smart attorney app: Sues virtual attorney-in-fact for claiming he’s a fact when he’s merely virtual.

(7) Notary certificate app.
Attach your iPhone to a mobile printer, and you can print out documents and notary forms. This app turns credible witnesses into incredible witnesses, if they’re lucky enough to own this incredible phone. This app executes a document in the blink of an eye or iPhone, whichever blinks first. iPhone version 8 virtually affixes seal to certificate eliminating strain from pressing embosser, but you’ll have to wait to see that action!

(8) The Notary To Go app.
This app can automatically turns off the customer’s TV. Getting their shouting kids to go to sleep – coming in the iPhone. Notary To Go also sends confirmation to signing company notifying them you’re there. It also tells you if neighbors or kids are too close to your car.

(9) Hands Free Notarization App.
You can download your document into the application. Then, when you’re in front of your signer, they can give a verbal signature to the document. Using voice recognition technology, this application will be able to positively identify the signer purely based on their voice if it has been given a voice sample previous to the date of the notarization. It can also be used for notarizing weddings — just say, “I do.”

(10) Virtual Therapy (for Siri)
After being tested out on seven different signing agents, the iPhone 7 provides Siri with badly needed automated therapy.

SIRI: “All they ask me for is where’s the cheapest gas station.”

AUTOMATED VOICE: “You sound troubled.”

SIRI: “Duh! They’re always complaining to me about signing companies that don’t pay them on time, or when 123notary raises their rates. Is that all I’m good for?”

AUTOMATED VOICE: “You sound troubled.”

On the iPhone 8, her automated shrink will gain the additional responses, “I feel your pain. And, “I see our time is up.”

Tweets:
(1) iPhone 7 Siri will locate nearest cheapest gas stations for notaries.
(2) iPhone 7: Notary Billing app will subpoena negligent signing companies
(3) iPhone 7: Smart attorney app sues virtual attorney for claiming he’s actual attorney
(4) Iphone 7 Siri to be more advanced. Voice changes depending on quality of signing company calling you
(5) If a signing company calls with bad reviews, Siri’s tone of voice will sound suicidal using this new app.
(6) iPhone 7 Notary to go app tells you if neighbors or kids are too close to your car
(7) After being tested out on seven different signing agents, the iPhone 7 provides Siri with badly needed automated therapy.

.

You might also like:

A social media site for notaries – Affiant
http://blog.123notary.com/?p=6410

Apps that could change a Notary’s life
http://blog.123notary.com/?p=16311

How Notary work is similar to online dating
http://blog.123notary.com/?p=15763

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July 20, 2014

The Seinfeld Episode About a Notary

Filed under: (8) Humor,Andy Cowan,Best Humorous Posts — Tags: , , — admin @ 7:15 am

George’s parents (of all people, parents who constantly bicker with one another) are renewing their vows. George wants a notary to witness their vows in writing…

The Seinfeld Episode About a Notary aka Sign-Feld

GEORGE: Get this. My parents are renewing their vows.

JERRY: Frank and Estelle? (off George’s nod) The vows to argue with each other till death do they part?

GEORGE: What makes you think death’ll stop them? You think the Grim Reaper’s grim now?
Wait’ll he meets the “ungrateful dead”.

JERRY: Renewing their vows. It’s kinda sweet actually.

GEORGE: Remember that notary Kramer hired to authenticate the picture of Jesus on a piece of toast?

JERRY: The guy who swore it was Johnny Depp.

GEORGE: I still say it was Colin Farrell. I need Kramer to throw me his name. I may hire him.

JERRY: Looked more like Uncle Sam to me.

GEORGE: No way was that Uncle Sam.

JERRY: So why are you hiring a guy who worships Johnny Depp? Wouldn’t it make more sense if you were Johnny Depp?

GEORGE: I want him to authenticate the vows. If he can corroborate…

JERRY: Attest?

GEORGE: That’s right. If he can affirm the vows to be genuine, maybe then the loony birds will have to live by them for a change!

JERRY: Unless their vows are to continue not living by them.

Kramer enters.

KRAMER: Guess who’s the new errors and insurance salesman? You’re lookin’ at him!

JERRY: What makes you an errors and insurance expert? Although I admit your expertise when it comes to ensuring you make errors is second to none.

KRAMER: Remember that notary I hired?

JERRY: The one who saw Johnny Depp in a piece of toast?

KRAMER: It was Jesus, Jerry! Anybody with half a brain could tell you that!

JERRY: You’re right, you just did.

GEORGE: What was his name, Kramer? I need to hire a notary.

JERRY: Why do you want to hire a notary who doesn’t know Jesus from Johnny Depp?

GEORGE: Or Colin Farrell! He got it wrong. Maybe he’s cheaper.

KRAMER: (offering) Here’s his business card. Come on, George. Don’t you think Colin Farrell has better things to do than pop up on a piece of toast?

GEORGE: Jesus doesn’t??

KRAMER: Jesus works in mysterious ways.

GEORGE: Do does Farrell. He doesn’t even do talk shows.

KRAMER: Jesus doesn’t even do Charlie Rose!

JERRY: Will you two knock it off?

KRAMER: I’m suing the guy for affirming it was Depp over Jesus. And now I can also sell him an errors and insurance policy that’ll absorb his liabilities for an honest mistake.

JERRY: If it was an honest mistake, isn’t suing him a little dishonest?

KRAMER: I’m Cosmos, not Jesus.

GEORGE: What kind of liabilities?

KRAMER: The difference between the cost of a certifiable Johnny Depp piece of toast on eBay versus a certifiable Jesus piece of toast on eBay. You do the math!

Elaine enters, munching on a piece of toast.

ELAINE: That’s it. I am done. He’s gettin’ a Dear John text.

JERRY: Who?

ELAINE: The teeth picker.

JERRY: Can’t you at least give him some floss first?

ELAINE: Floss. Toothpicks. Sucking between my teeth. The guy can’t take a hint.

GEORGE: Are you officially breaking up with the teeth picker?

ELAINE: The man is (displaying the last of what she’s munching on) toast.

KRAMER: (Eyeing toast) Is that who I think it is?

JERRY: Here we go.

GEORGE: If he’s so bad at picking up on hints and you want him to get the message you’re dumping him, don’t text him. Write him a Dear John letter on paper that a notary witnesses. So he can corroborate it.

ELAINE: Attest?

GEORGE: Yes! Affirm to be correct, true or genuine.

ELAINE: Since when are you the notary expert?

GEORGE: When I was a kid, I had a dream about being a notary. Other kids were dreaming about naked women. I was dreaming about squeezing embossers. Your own seal. Administering oaths. It’s a very respectable line of work when you think about it.

JERRY: So why didn’t you ever take it up?

GEORGE: Since when am I respectable?

TO BE CONTINUED…

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You might also like:

Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?tag=seinfeld

Modern Family: An Affidavit of Citizenship & Affidavit of Domicile Notarized.
http://blog.123notary.com/?tag=modernfamily

Friends: Phoebe’s boyfriend won’t take No-tary for an answer
http://blog.123notary.com/?tag=friends

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March 2, 2014

Analytics for TECHNICAL posts… graded!

Filed under: Uncategorized — Tags: — admin @ 11:25 pm

The (A) list:
ID, POA, APPS, SUED, JOBS, TUTORIALS, INTERVIEWS, BEST PRACTICES, POINT & SIGN, OUT OF BIZ, FREE, DIFFERENT DAY, LATE DOCS, PAYMENT, WILLS
CALL: Don’t CALL the Title co, or borrowers
ACCEPTING certifications
PAID: Getting PAID usual or unusual ways.
QUALIFICATIONS (background check & CSS)
JOBS: More jobs, less jobs, taking jobs away, taking bigger cut of money from jobs.

The (B) list:
Consumer financial protection, Loom them up, Stay here until PAID, why use middle INITIAL, Boss PAYS for COMMISSION, Industry STANDARDS, BEGINNERS, what makes a mobile notary, I-9, won’t sign disclosure, following directions, more specific tutorials, JAIL.

TUTORIAL on documents idea.
DOCUMENTS: Late, don’t call until ready, document dates, foreign language docs, witnessing docs, common mistakes w/particular docs, which docs recorded.

=====================================
1003 trouble (F)
1099 too high (C)
ACCEPT certifications (A)
ACKNOWLEDGMENT (D) optional ack cert.
APOSTILLE nightmare (D)
ATTENTION paying (D)
ATTITUDE > JOBS (C)
ATTORNEY GENERAL (F) UR not an attorney (F)
APR (C) to non-borrowing spouse.
BACKGROUND Screening (A)
BAG; carry all (F)
BAR: GA association (F)
BEGINNERS info (B)
Birth Certificate (A)
BLOG she learned more (F)
BOOKS top 5 (F)
BORROWERS at ease (C)
BOSS pays for comm. (B)
BUSINESS NAMES (D+) Biz names (C-) Choosing a name (D+) Grow biz first then register (D-)
CALL (A) don’t call title co;
CERTIFICATION or skill (D); Uncertified not a single all (D) If not certified (D) Just do it (D) Obamacare (F); not cert (F)
CLOSING bank branch (A)
CONTRACT (F)
CREDIT CARD afraid (F)
CROSS-OUT happy (C); story about cross-outs (C); Cross out and initial (F)
CREDIBLE witness (D) what is (F); Charge for (F);
CRIMINALS (B)
DIRECTIONS following (B)
DATES (B) doc, sig, notarization date
DOCS ready (A)
DOCUMENTS ready (A)
DUE: getting what is (A)
E&O (D); Supersize (D)
EATING on road (C)
EMBOSSERS (F)
EXPERIENCE gain (C)
ELITE: does it help? (C) Elite certification (F)
EXPLAIN (C)
ERROR-FREE (C)
FINGERPRINTING (D) difficult
FREE 3rd signing (F)
GETTING more work (A) 3jobs/day
eNOTARY overall score (D) ; which states (A); pros/cons (D); state specific (F); what can enotary do (F); 10yrs garbage (D); AZ (F);
eJOURNAL (B)
ETIQUETTE borrower (D) thanks, sorry (D)
FAMILY (C) Making family leave the room.
FEAR, anger (F)
FIND 24 hour notary (D)
FINES & PENALTIES (C)
FOREIGN lang doc (B)
FREE certification (A)
FUZZY (F)
GUNS borrowers w/ (F)
HIRE other notaries (C)
HOLD HARMLESS (C)
HOSPITAL signings (D)
HUD (C)
IDENTIFICATION (bad) (A)
INTERVIEW (A)
HOURS (F) of operation
IDENTIFICATION (D) 2nd ID requirement
INCOME: (C) Notaries who make more than Attorneys
I-9 Notarizing (B)
iCLOSE (F)
INITIAL middle overall (C); Why use middle initial (B) wouldn’t use middle initial (D)
INSURANCE (F)
INTERVIEW / advice (B) interview w/title (C) Title source (B); timios (A) Advice from AZ; Veteran Notary inteview (C)
JAIL overall (D); Pay at (F); Hubby in jail (B) Notarization at (D) Jail one phone call (F)
JOBS (A)
JOURNALS (D)
LATE docs (A)
LOOK them up (A)
LOWBALLERS (B)
MINIMUM competency (D)
MINORS overall (C); Minors rules (B) Notarizing a minor (D)
MISTAKES w/ Title (C); common mistakes (C) I also make (D) When you goof (D) types of (F)
MOBILE NOTARY (B) what makes?;
MOBILE OFFICE (D) warrantee
MORTGAGE borker (F) sniffing out the right notaries.
NNA (D) NNA-care (F)
NOTARIZED overall (D); w/o sig (C); Notarize 2x (D); Notarized statement (D) How to get (F)
NOTARIES (F) Industrial strength (F) unleaded (F)
NOTES (D) factual or personal? (D); Represent (F)
NOVICE (D)
OBSTACLES creating (C)
OATH (F) of two 2 witneses
OVERSEAS (D)
OUT OF BIZ bank br. (A)
OWL icon (D)
PAGE every page? (C)
PASSPORT (C) Notarizing passport (F) How to notarize copy of passport (A)
PAYMENT responsibility (C) getting what is due (A); Stay until paid (B); How to get paid (D) Fees at door (F)
PERJURY arm twisting (D) Perjury vs. Oaths (D)
PAY: does xyz pay? (F)
PHONE overall (C) ; Who answers? (A); Why answer (D); Phone interaction tutorial (D); Call back can’t talk (D)
PHONE #’s (F)
POA / Nursing home (A)
POINT & SIGN (A)
POLICE enotarization (D)
PREPAYMENT penalty (D)
PROTECTION (A) Consumer Financial protection bureau.
RAMBLE (D)
REAL ESTATE exp. (D) RE prices (F)
RECORDED which docs (D)
RESOLUTIONS (F)
ROCKET SCIENCE (F)
REVIEWS technique (F); signing co. reviews = payment (D+)
SIGN overall (B); Sign on different day (A); Sign disclosure (B); Get them to sign (D);
SIGNATURE BY X (F)
SPAM contacts (D)
STANDARDS: industry (B)
STAMP missing F()
STATES bordering (F)
STRANGE funny haha (D)
SUED: biz lic, e&o (A)
TAMPERING stapler (F)
THUMBPRINT overall (B); Thumbprint necessary (A); Asked NOT to thumbprint (C)
TIPS; overall (C) 12 tips (B); tips for notaries (F)
TOOLS for notary (F)
TRANSLATE (F)
TRENCHES for notaries (D)
TROUBLE (D)
TUTORIAL (B) general (A) other (B) too obscure (C)
VAGUE (F)
Webcam Notarization (B)
WILL notarize a (A)
WITNESSES (B) notary witness (B); expert witness horror (B)
WORK getting more (A) 3jobs/week to 3jobs/day; took biz away (A)
UNIQUENESS (D)
WARRANTEE (D) for mobile office
X on search results (D)
X: Signature by X (-) See Signature by X

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January 22, 2014

We caught a bunch of frauds using notary verbiage

Filed under: Notary Acts & Certificates,Popular on Facebook (some),Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 12:14 am

For most notaries, Notary verbiage is a cause for annoyance or confusion. Due to the poor quality of notary education in most states, notaries simply don’t know how to cross out the is/are and the unused “s” in signature(s) in the boiler plate notary wording. You can easily catch an amateur notary in the act or after the fact simply by looking at their cross outs. You can look at their journal of notarial acts and see if they are taking liberties or making omissions there too.

My notary seal impression was used fraudulently once. No, the notary seal was not stolen (don’t panic), it was just xeroxed with a high quality xerox machine onto another document that needed to be notarized in a hurry. The crime was actually done by a young lady working at a Title Company who made little circles to dot her i’s. Very post high school and ditsy if you ask me. The signature didn’t look at all like mine. But, besides all of these other stupidities, their fraud was easy to catch because they didn’t do their cross-outs in the Notary verbiage section! Additionally, they didn’t use an embosser to emboss every single page with a raise impression which cannot be xeroxed — which is exactly why I used it. If they had been more sophisticated frauds, my embosser would have been my only recourse to prove them guilty.

To my good fortune (or bad luck) I was never called into court to act as a witness. I don’t believe that the bad guys were seriously punished. Maybe they were reprimanded and promised never to do it again. A Title company could get completely shut down for that type of fraud if the right authorities ever found out. Don’t they value their future? Maybe not!

So, the moral of the story for you guys is to take your Notary verbiage seriously. That is what makes your profession a profession, and your ability to handle Notary wording defines your level of expertise.

Tweets:
(1) Due to the poor quality of notary education, notaries often don’t know how to cross out is/are, (ies), etc.
(2) A young lady who worked in title and made cute circles to dot her i’s Xeroxed my notary seal!
(3) Take your notary verbiage seriously, it might be the only thing that distinguishes you from a fraud!
(4) My notary seal was used fraudulently once! It was Xeroxed!

You might also like:

The Notary, The Mafia & the FedEx Drop Box
http://blog.123notary.com/?p=6867

Fraud & Forgery related to the notary profession
http://blog.123notary.com/?p=2294

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November 3, 2013

Notary Seal Information from A to Z

Filed under: Become a Notary,Comprehensive Guides — admin @ 1:43 am

Notary Seal Information

Some states require a commissioned notary public to have a notary seal / notary stamp while other states do not. Each state has rigid requirements for the exact dimensions of the seal, the color of ink, the border of the seal, as well as what wording is on the seal.

The notary name on the seal
Typically, the name of the notary as it appears on their notary commission should be identical to the name on the seal. Some notaries have nicknames or name variations. Female notaries often get married and change their names as well. This is a source of confusion. If you change your name, you might be required to get a new notary commission and seal in many states. Please contact your state’s notary division if you are planning on changing your name.

Information on the seal
Most states require the notary’s name, the words Notary Public, the words State of ____, the Notary commission number, and the commission expiration date.

Embosser or regular seal?
Some states allow the use of an embosser which looks like a metal clamp. Some embossers are used without ink as a secondary seal (allowed in many states — ask your notary division for details)

Storage of your notary seal
Rules vary from state to state, but it is required in some states that your current journal and notary seal be kept under lock and key.

Types of seal borders
Seals might have a serrated or milled edge border. Some states might allow a rectangle made of four straight lines to be the border.

Seal Maintenance
Be careful with your notary seal as they can be damaged from misuse. Keep replacement ink in stock just in case your seal needs to be re-inked. It is common for an active notary to add replacement ink to their seal once a year or so. Many states require the destruction of a notary seal at the end of a notary’s term so that it will not be used fraudulently.

Seal Impressions
The notary public should take care to leave a clear seal impression when doing notary work. If the seal is too light, smudgy, or has missing corners, the notarization could be rejected by a county recorder, bank, lender, or other agency.

Do all notary acts require a seal?
Most notary acts do, such as Acknowledgments and Jurats. But, sometimes you will need to do an Oath with no accompanying paperwork. Make a note in your journal that you are administering an Oath. Have the Affiant (Oath-Taker) sign your journal, and administer the Oath. There is no seal required for an Oath by itsself. However, if the Oath is part of some other notary procedure such as a Jurat, or swearing in credible witnesses, then the notary paperwork being used would need to be stamped.

States that require a notary seal
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

States that do not require a notary seal
Kentucky, Louisiana, Maine, Massachusetts, Michigan., New Jersey, New York, Rhode Island, Vermont These states have specific requirements if you choose to use a seal anyway.

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