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February 3, 2012

Must a thumbprint accompany a notarized document?

Filed under: Legal Issues,SEO,Technical & Legal — Tags: , — admin @ 9:38 am

Must a thumbprint accompany a notarized document? 

To deter fraud in notarizing, thumbprints are sometimes required by law in certain states, but are always a good idea.  California notary law stipulates that the notary must take a journal thumbprint when notarizing signatures on powers of attorney or deeds effecting real property such as Grant Deeds, Quit Claim Deeds, Mortgages, Subordination Agreements, etc.   Other states have their own rules.  Texas has some rules restricting the use of thumbprints, but I don’t know enough about those restrictions to comment.
 
Prevent fraud
As a general rule, if the notary public you use takes a journal thumbprint (many do not bother with this or even own a thumbprinting pad), you have more security.  The thumbprint is proof that nobody faked an ID and pretended to be you, or forged your signature.
 
Serious documents should have a thumbprint
If you are having a serious document notarized, you might ask ahead of time if the notary carries a thumbprinting pad.  They are two inches in diameter and weigh about half an ounce, so it is not a burden to the notary, assuming he/she is prudent about notarizing (that is assuming a lot).
 
Does the thumbprint go on the actual document?
I have never heard of a procedure which requires a thumbprint on an actual document, but it is not a bad idea. You could neatly put it to the right of a signature and document which thumb was used from which individual.  If you are missing a thumb, you can use the other thumb or a finger, just document it somewhere.

You might also like:

Notary Public 101 – identification
http://blog.123notary.com/?p=19507

Notice to title companies about thumbprinting
http://blog.123notary.com/?p=19453

Identification and thumbprint requirements for notarizations
http://blog.123notary.com/?p=4299

Signing agent best practices
http://blog.123notary.com/?p=4315

Notary thumbprints can save your neck
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4939

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December 16, 2011

Notary FAQ based on recent search queries

Here are some interesting and random FAQ type questions based on search queries made to our blog.
 
Q. How do I know if the notary can be trusted?
A. Notaries are screened by their respective states.  Screening in California is more rigorous and involved live scan fingerprints, and checks with the FBI and DOJ, while many states are more lackidasical. Some notaries are crooked in what they do, but I have never heard of a notary engaging in an act of fraud against their client.  Keep in mind that notaries do not keep possession of documents that they notarize, so after a client is gone, there is not much fraud that they could engage in against a client.  More common frauds involve helping a client falsify a date on a document or notary certificate.  A less common but very serious fraudulent act might include notarizing a forged signature on a deed effecting real property.  If you are so paranoid, what do you think this notary is going to do to you?
 
Carelessness and incompetence is 50x as likely to harm you than fraud
The real danger with notaries is more likely to do with carelessness and poor training more than issues to deal with trust.  More than 50% of notaries just simply don’t know what they are doing  and don’t know their state notary laws well enough to handle even the simplest types of notarizations.
 
If you want to check up on a notary, you can ask them for references and try to find out how much notary work they do, which is still not much of an indication of competency.  Also, check the notary’s ID to make sure they are the same person whose name is on the notary seal!
 
Q. Can I make a living being a notary?
A. Being a notary is at best a part time activity which you squeeze in to all of the other things which you are hopefully busy doing.  A store owner can notarize for clients, as can a real estate broker.  Mobile notaries go and do loan signings, but usually have other on call jobs (or full time day jobs) that they do.
 
Q. Can you amend a notarized document after it has been notarized.
A.  I have three answers for this question:  (1) No (2) Never (3) No way, buddy.  If you need to change or amend the document, then draft it how you want it, sign it, and have it notarized all over again. Yes, that will cost you more, but that is the only legal way to do what you want to do.
 
Q.  How do you know if someone is a fake notary?
A.  Check their identification to see if it matches the name on the notary seal.  It is a common fraud for people in offices to illegally “borrow” their colleagues notary seal. Usually they do this to save time, and no harm is mean, but they could go to jail for this as it is illegal!   Also, make sure their notary seal hasn’t expired.  If you really think that the notary is fake, then contact the Secretary of State’s (Department of State, Secretary of Commonwealth) Notary Division and ask if that “fake notary” is a real notary!

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I make mistakes too! – A notary certificate that needed amending
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How much does a Notary cost in 2019?
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Background Screening for Notaries
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General Notary Public Information
http://blog.123notary.com/?p=20075

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November 12, 2011

Texas Notary Law and Journal Thumbprints

Notary Public Texas: Texas Notary Public Law and Journal Thumbprints
 
I am a person who likes to take precautions. Life is more fun when you have less disasters, right? Disasters are more likely to happen when you don’t take precautions, right?  Today, I was visiting our Facebook profile, which I generally do every day or two.  I notice an interesting response to one of my posts about how essential journal thumbprints are for your safety as a notary public in any state!  However, one lady wrote that the National Notary Association now counsels Texas Notary Public members (Texas notaries who are clients of the National Notary Association) NOT to take journal thumbprints due to house bill 3186.  This notary claims that the mentioned bill states that a biometric identifier (such as thumbprints captured for a commercial purpose may be disclosed only under certain circumstances and must destroyed within a certain amount of time.
 
I am not sure if I agree with the National Notary Association on this one.  But, on the other hand I am not an attorney and don’t give legal advice. I will say this though:
 
(1) If you are a notary in Texas, or any other state, and one of your signers is accused of identity fraud or forging a signature, without a thumbprint, you can not prove that they were the one that really appeared before you.  Picture identification is really easy to fake.  China has many experts who will sell you a professionally made fake for US$200.  You might end up in court for a week because you didn’t have a journal thumbprint.
 
(2) Thumbprints in journals are NOT taken for commercial purposes, but are part of a notary public’s official job in their official capacity. Notaries are offering a service which they may or may not be charging for, and the thumbprint is only a security measure used in conjunction with the service. Nobody is “Selling” a thumbprint in the notary public business. 
 
(3) A notary journal is the EXCLUSIVE property of the notary in Texas and in any other state that allows Journals.  Only people making inquiries about particular notarizations may  have access to a particular journal entry and this qualifies as disclosure only under certain circumstances.
 
(4) As far as destroying journal thumbprints, that is up to the county recorder who receives your journals at the end of your term. It is THEIR property when you end your term, and up to them what to do with the thumbprints.  Keeping thumbprint records during your term seems legal unless a specific law says you can’t keep them this long.  The thumbprints are to protect the public from fraud and are not used frivolously or shared with the public in any way.
 
In any case, if you are a Texas notary public, you need to be familiar with the notary laws of Texas, and that is your responsibility. Please take my commentary as opinions, because that is exactly what they are.

You might also like:

Multiple title companies told notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Thumbprint taking state by state
http://blog.123notary.com/?p=1689

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January 6, 2011

Alice in Notary Wonderland

Once upon a time there was a little girl named Alice C Butterfield. Little Alice loved to wander around her rich Aunt’s palacial estate. But, she had a habit of sticking her nose where it didn’t belong. Alice would always criticize people for doing the wrong thing. Her aunt didn’t signal a turn once. Alice could not keep her mouth shut and pointed it out. Her uncle Fred inflated a deduction on his taxes which Alice pointed out. How could a nine year old girl know so much about taxes. I guess curiousity knows no bounds.

Alice was sitting near the river with her sister reading a dull book with no pictures. Then, she noticed a rabbit wearing a top coat. She follows the rabbit down a hole, and then falls a very long way down. When she hits bottom she is in a room with many locked doors. But, there is a small bottle on the table with a small note saying, “drink me.” She drinks the contents of the bottle and then shrinks to a very small size.

Then, she saw a small document sitting on the table that she didn’t notice before that says, “notarize me.” Next to the document, there was a small stamp as well. Since Alice was a bookworm, she was well acquainted with the responsibilities of a Notary Public. She knew that a signer would have to appear before her that would produce identification. But, around there, the signer might be an animal wearing human clothing. So, Alice waited and waited, hoping for her signer to come by. After what seemed like a very long time there was a knock on the door. But, which door. There were dozens of doors, each one a different size. There were doors on the ceiling, doors on the floors, walls, and everywhere you looked. There were even doors within doors within doors. Then she heard a voice. “Over here!”

Alice opened a little door and a little mouse with a walking stick appeared. “I’ve been trying to get notarized for years, but can never find a Notary my size. Then, I heard that someone shrunk you and that you could do the job. Can you Notarize me?” Alice replied, “But, I’m not commissioned in the United Kingdom.” Then the mouse explained that in their jurisdiction, any human could execute Notary functions providing they checked ID. So, Alice checked the mouse’s ID and it read, Edgar J Mouse. Alice Notarized him. Then Alice asked, “How will you pay me for my services?” The mouse replied, “Here, I brought you some cheese I stole from a mousetrap.”

Alice ate the cheese. And then she started growing and growing and growing until her head hit the ceiling. “Curiouser and curiouser”, exclaimed Alice. Then, Alice swam down a river of her own tears. She was so sad that she shrank and then grew and didn’t know where she was. So, she swam until she found that little mouse giving a lecture on William the Conqueror.

Alice met a caterpillar who said, “Explain yourself.” Alice said that she couldn’t explain herself because she wasn’t herself. Then the caterpillar said, “Well, what self does your ID say you are? Alice replied, “Alice Butterfield, but I’m really Alice C Butterfield.” Then the caterpillar said, “If you were really Alice C Butterfield, then your ID would reflect that name. It’s time to make a visit to the DMV not isn’t it?”

Alice wandered on until she saw a Cheshire cat that directed her to March Hare’s house. Alice continued on her aimless journey until she became the guest at a mad tea party along with the Hare.

MARCH HARE: Notarize this signature

ALICE: But, this is a blank document with you signature. It wasn’t very civil of you to ask me to notarize something that doesn’t even exist!

MARCH HARE: Well, it wasn’t very civil of you to invite yourself to our tea party at our table.

ALICE: I didn’t know it was your table.

MARCH HARE: Do you say what you mean?

ALICE: Well, I mean what I say.

MARCH HARE: Well then notarize my signature for today’s date. Does your watch have the date?

ALICE: Well no.

MARCH HARE: How about the year?

ALICE: Well the year doesn’t change too quickly so it doesn’t need to tell the year.

MARCH HARE: I think the year just changed. There it goes again. Notarize me for 1899.

ALICE: Why 1899?

MARCH HARE: Why not? Every year is the same around here. Why should it make a difference. That’s why we don’t hurry. Time doesn’t matter.

ALICE: But, time does matter. You have to beat time.

MARCH HARE: Time might not take to kindly if you beat it, but hurry up before it turns 1901. I want to be notarized this century.

ALICE: How can the year change multiple times within the time-frame of one afternoon?

Then Alice found a tree with a door in it. She went through the door and into a long hall. She ended up at a palace run by a very angry queen.

QUEEN: Who are you?

ALICE: I am Alice.

QUEEN: What I mean is what does it say on your commission?

ALICE: Alice C Butterfield, but my ID only says Alice Butterfield.

QUEEN: Nonsense! And when is our commission expiration date?

ALICE: 1897, but now it is 1901.

QUEEN: Actually it was 1901 a few hours ago, now it is 1905. It will continue being 1905 until sunset and then tomorrow morning it will be 1896 which will give you a few days to complete any necessary notarizations.

ALICE: But, I thought time always moved forwards.

QUEEN: Why should it. Do you always move forwards?

ALICE: Hmm, I never thought about it like that.

QUEEN: Well I don’t like your middle name. Off with your middle initial.

KING: But, she is just a child.

QUEEN: I hate C’s. They are so mediocre. And off with their heads — of the gardeners. They fowled up my rose bush. It took years to grow it and then it shrank. Hmm. Perhaps because time moved backwards. Here is my signature. Study it intently, and then notarize it.

CAT: So, how do you like the queen’s signature

ALICE: Well actually, not at all. It’s extremely (noticing that the queen was right behind her) — likely to win.

EXECUTIONER: I can’t cut off a head unless it has a body attached to it.

ALICE: And what if you cut off the wrong head? Shouldn’t you check the ID?

QUEEN: The ID of the head or the ID of the body?

CAT: Is there more than one? (grinning)

ALICE: And what if the ID expired, after all it must be 1910 by now and the DMV has ID’s expire after only four years in England these days.

QUEEN: Yes, but if the ID shows a physical likeness, then it should be okay.

ALICE: To make sure the ID isn’t fake, you could ask them what their date of birth is and then confirm the date with teh ID.

QUEEN: You are a crafty one aren’t you.

ALICE: Besides, beheading someone is so extreme. Why not just cut off part of their name, initial, or a Jr. or Sr. at the end of their name. That will teach them a lesson.

QUEEN: Yes, I rather like that. John W. Smith will have to live the rest of his life being John Smith. I like this. That is much more fun than beheading someone. Off with their initials!

ALICE: But, you shouldn’t remove an initial without a porpoise.

QUEEN: Well we shall have that decided in court.

(in court)

RABBIT: I submit my evidence that the gardner did not submit evidence that he ruined the rose bushes. Someone wrote a statement about the rose bushes, but it wasn’t signed.

ALICE: Yes, if it wasn’t signed, then how will we know who wrote it.

QUEEN: Well, as long as my roses are ruined, what difference does it make?

CHESHIRE CAT: Perhaps we should do a handwriting analysis.

KNAVE: We could go back into time and have him sign it. Time is supposed to roll back tonight.

ALICE: But, there’s no meaning in this.

KING: So, if there is no meaning, then why look for a meaning?

(later that night)

ALICE: If you sign this document, they will know you ruined the rose bushes

GARDENER: Yes, but now that time has rolled back, I can change my statement and then sign it.

ALICE: That is a good idea. And it will be 1897 after midnight, so my commission will be in effect then.

GARDENER: Here is my statement and my signature. Please notarize it.

ALICE: Gladly. But, the stamp I am using is one I used when I was two inches tall.

GARDENER: That’s no problem. I’ll just make my signature extra small to match. Here.

ALICE: I’ll deliver this to the queen in the morning.

QUEEN: Yes, the statement is excellent. He did not ruin my roses, or so he claims. But, that poses a new problem. Who shall I behead?

SISTER: Wake up Alice

ALICE: Oh, I have had such a curious dream. There was this mad queen who went around beheading people and a cat, and a lizard, plus a March Hare. But, none of it was real.

SISTER: What is that in your pocket? It seems to be leaking a black fluid…

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Notary Happy Days goes to China
http://blog.123notary.com/?p=16536

The Towles Booth
http://blog.123notary.com/?p=9456

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January 2, 2011

Commission Impossible…

COMMISSION IMPOSSIBLE

Your commission, should you choose to accept it, is for an impossible mission that few notaries’ businesses live to tell about… The ones not worth commissioning…

Look out! The signer isn’t present! Right behind you! That document is incomplete! Not a good sign – The signer is the notary’s spouse! Watch out! The signer can’t produce acceptable identification! If their driver’s license picture is Waldo of “Where’s Waldo” fame, beware! Whether you can spot him in a crowd, or not, Waldo doesn’t really exist! Danger! The notary has a financial interest in the transaction! In that case, your interest must be in finding a commission impossible!

Oh no! The document doesn’t have a prepared notary certificate! Prepare yourself for disaster or no commission, whichever comes first! Danger! The notary thinks the signer is being coerced to sign! Coerce yourself out of that situation! What’s that, you say? The notary suspects the transaction is fake or deceptive? That’s as conducive to landing a commission as landing a punch in a fake wrestling match!

Look out!! The signer can’t pay the notary’s fee? Commission impossible! The signer’s a minor? Commission impossible! The signer seems drunk? Face this sober fact – Commission impossible!!

Don’t let the signer intimidate you into notarizing when the law prohibits it! If you use good judgment, you’ll get the commission the right way. Oh, and since this is “Commission Impossible,” at the end you’ll also get the girl, even if you’re not Tom Cruise. If you’re a female notary, you’ll get the guy. Even if he’s not Tom Cruise!

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Deceptive identities — companies that change their names
http://blog.123notary.com/?p=1090

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November 27, 2010

9/11 California Notary Law Changes

California Notary Law Changes 
Notary law has changed tremendously in the last few years across the nation, but the single most important event that shaped notary law was 9/11.  It took several years for the various state notary divisions to react and change their notary laws after this catastrophe, but they surely did.  Several of the terrorists were easily able to get fraudulent social security cards and drivers licenses.  The hijackers paid $100 to an illegal immigrant who had also fraudulently gotten his Virginia driver’s license — to execute the residency affidavit for the 9/11 hijackers before a Virginia notary public.  This notarized document from Virginia was sufficient proof to get a Virginia driver’s license which they needed to get on the airplanes.  The Virginia notary public involved in this transaction was prosecuted by homeland security.
 
After that incident, it was found that tens of thousands of fake Virginia identification cards and driver’s licenses were circulating, and Virginia made law changes as a reaction.  Notarized documents were no longer sufficient proof to get a driver’s license.  Virginia was not the only state to react to this catastrophe.  The California notary division, and many others reacted too.  Law changes started happeneing slowly, generally in 2005 and 2006.
 
Some of the main changes to California notary law were that personal knowledge of a signer was no longer grounds for personal knowledge.  California notaries also are responsible to make sure the document being notarized is not fraudulent.  Jurats now require being positively identified in California and almost every other state in the nation.  There are other laws that changed, but now governments are being careful about identification and preventing fraud.
 
In my personal opinion, California should never had had liberal identification standards to begin with.  The governments reaction to 9/11 is like frantically putting on your seat belt right after an accident.  The time to wear your seat belt is BEFORE an accident, which means all the time.  Additionally, the credible witness procedure in California and many other states is just as ludicrous as the personal knowledge form of identification.  If you personally know someone, how well does it mean that you know them?  There has never been a definitive standard other than that you knew them from a chain of events and people in various contexts which has several lines of text in legalese which nobody can make much sense of.   Credible witnesses do not usually know a signer well enough to identify them before a public official.  They know a signer as “Joe” their neighbor, and job could tell them his last name was Wagner, and the CW’s would swear to that before the notary when they don’t even know.  California is still careless with its notary laws in many ways.

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Penalties for notary misdeeds and misconduct
http://blog.123notary.com/?p=2067

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