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January 23, 2018

What’s your sign?

Filed under: Identification For Being Notarized — Tags: , — admin @ 10:54 am

As a Notary, there are various aspects to our job. The most important according to Carmen is identifying people. But, most Notaries just look at the name, and photo, and if it is close enough, that is good enough. If the name is missing a middle initial on the ID that exists on the document that is bad news. But, most Notaries just say, “close enough.” If you say “close enough” too many times, you might end up in court on an identity fraud case which could end you up in court for weeks with no salary, and you might lose a lot of your regular customers as well.

So, how can Notaries make identifying people more reliable? Here are some quick points.

1. If the name don’t match, you must not attach.
Most Notaries say you can over sign but not undersign. This is a Lender preference not a law. If the ID says John Smith and the document says John W Smith you are taking your commission in your hands if you Notarize the signature.The Lender might not mind, but you might end up in court over this if fraud is involved and once in a blue moon it will be.

Most states make sure that middle initials are in ID’s, but not all people are from one of those states. There are out of state people, foreigners, and people who changed their names due to marriage or some other reason, not to mention people with name variations. People from Mexico culturally have two surnames on a regular basis.

So, you have to be prepared for this type of situation even though it only happens 1-6% of the time. If you are going to notarize anyway, what can you do?

(a) Ask the signer what sign he is while holding the ID. If the fake ID has a fake birthday the signer will not know his fake sign. He might be a Leo that is pretending to be an Aquarius. On the other hand, the fake ID might have a real birthday but a fake name.

(b) Get a thumbprint from the signer in your journal. That way the investigators can catch him after the fact if there is any funny business. Thumbprints also deter frauds as they often would prefer not to be notarized than risk being thumbprinted.

(c) Ask their height or birth date.

(d) Ask for a birth certificate if they have one. That doesn’t have a photo, but does have the DOB which is something you can use to cross-check information.

(e) If they have a Social Security card, that is not an acceptable ID, but the first three numbers are part of the zip code where they were born. You can cross check check the info by asking them where they were born.

(f) A gas bill is NOT generally an acceptable form of ID for notarization. However, if you want to verify a middle initial, it is better than nothing.

What you can’t do.
Do NOT accept a signature affidavit AKA statement as a form of identification. That is a document for the LENDER and the source of the information is unknown and not official. Sources for government ID’s are official which is why you can normally trust government issued photo ID’s.

Summary
You need to know your state laws on identifying signers. Many states do not require the name on the ID to exactly match the signature on the document or even for the complete name on the document to be provable based on the ID. Many states leave it up to your judgement. Just because you are following the law does not mean you won’t end up in court as a witness or conspirator to identity theft which is why you as a Notary must take as many precautions as possible.

If you are notarizing for a long term customer and want to take liberties to ensure that your business relationship does not end prematurely, then you might use the above techniques. If the customer means nothing to you, I would strongly consider JUST SAYING NO to any request that is at all questionable, especially those involving ID’s that have names shorter than that on the document.

But, the fastest way to verify if an ID is fake is simply to ask — what’s your sign?

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December 20, 2017

Winging it as a Notary

Filed under: Business Tips,Popular on Linked In — admin @ 11:02 am

Many Notaries get into the signing agent profession as a way to make some quick cash or at least make a supplemental income. What they don’t get is that being a signing agent is mostly about being a Notary Public. If you don’t know how to be a good Notary you might run into situations as a signing agent you might not know how to handle or even situations that can get you into legal trouble.

Carmen always tells me that most Notaries are just “winging it” and don’t bother to study to be experts in their field because they don’t think they need to. Being a signing agent requires no specific skill. Just sign as the names are typed in the document and initial where it says to initial, get the docs fedexed back on time and you are done. There might be some faxing or scannning too, but it is not a high skill profession unless…

Unless you want to really know what you are doing. But, what is there to know?

1. Basic Notary Procedure.
Most Notaries think that being a Notary involves stamping forms, but there is a lot more.

(a) There is correct journal filling outing procedure (your only evidenece in course and 15% of full-time signers end up in court at least once,) as well as…
(b) Knowing when to say yes or no to a request which requires knowing something about Notary law and prudency.
(c) Administering Oaths
(d) Knowing the difference between the various Notary acts
(e) Identifying people in prudent ways. Perhaps that should be #1 as it is the most important.
(f) Taking thumbprints as a backup just in case the ID was fake.

2. Introducing the Documents
Knowing how to introduce the loan documents is very different from knowing how to answer FAQ’s about the documents. You can memorize two sentences about each document to introduce the documents to borrowers.

3. Answering FAQ’s
If borrowers want to know which information is where, you had better know, otherwise you are not a signing agent, but only a point and sign Notary. There are many FAQ’s that people might ask. Do you write them down so you can master answering these questions or do you just wing it and hope for the best. What makes a professional is being prepared which is something few Notaries comprehend.

4. Dealing with snags in signings.
There are various things that can go wrong in a signing.
(a) The borrower has a question and the Lender doesn’t answer.
(b) The eDocuments don’t come on time.
(c) There is a cancellation while you are en route.
(d) The borrower doesn’t want to sign either because they don’t understand something or don’t like one of the terms.
(e) You have a package with an unsigned document and don’t know whether or not to drop it because nobody is answering your calls at Title or at the signing company.
(f) The borrower is upset because they are asked to sign John Emanual Smith when they never sign that way.
(g) The borrower hits the roof (and builds a sleeping area attached to the roof) because they find out they are in a flood zone.
(h) At the last minute the borrower finds out they need a cashier’s check.
(i) The borrower won’t swear under Oath because they are an Athiest.
(j) You are notarizing for John and Sally, but Sally is not able to arrive, but the Acknowledgment has John and Sally pretyped in there.

There are many snags, situations, and times when you need knowledge and experience as a signing agent. And then there are the “soft skills” like knowing how to dress and deal with people which matter equally as much if not more. If you go through your career trying to know as little as possible and respond adversely when people ask you questions or have demands of you, you will not do well in this job. Try to be agreeable, responsible, communicate well, and know your stuff. They you are giving yourself a chance and will make our lives easier as well.

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October 31, 2017

Notary Public 101 — Review Quick Pointers

Filed under: Loan Signing 101,Popular on Twitter — Tags: — admin @ 4:34 am

Return to the table of contents page of Notary Public 101

Here are some review pointers. Rather than teaching in index format like I usually do, these are quick facts you need to know. Besides those other facts your embarrassed parents thought you didn’t need to know.

An Affiant is someone who signs an Affidavit and swears under Oath. A Harvey Weinstein is someone who signs a check to a woman to hush her up and swears under his breath.

An Attorney in Fact is another way of saying Agent or Grantee for a power of attorney. An Attorney in Fiction is another way of saying Perry Mason.

A certificate is a form a Notary uses for executing Acknowledgments, Jurats, and other Notary acts that require a certificate. Florida and Texas use certificates for Oaths while most other states do not. You can buy certificates in pad format from the NNA and other vendors. You should keep these in your notary bag at all times because you WILL be using them.

A Principal is the main person who signs an Power of Attorney or who is signing a document that is notarized using the Proof of Execution procedure. It just means the main person who signs a document. Consider it your Notary bag of tricks. The other kind of principal is the person you’re sent to when you’re caught chewing gum in class. Memories!

The Venue is the part of the certificate where you document the state and county where the notarization is taking place. It is also the physical location where you might be at any point in time, especially during a notarization. On the other hand, if you pick up a Notary in a bar, the venue could be your place or mine.

In an Acknowledgment, the signer must acknowledge having signed a document in the physical presence of the Notary Public, but does not need to sign in front of the Notary (although Lenders prefer that they do.) Some lenders I know also prefer that the well-known phrase, “Neither a borrower nor a lender be,” NOT be acknowledged, because it would mean they no longer be!

In a Jurat, the affiant or signer must sign and swear to the truthfulness of the written statement or document in the presence of the Notary which is evident based on the Jurat wording, “Subscribed and Sworn to BEFORE ME.” Note that acknowledgments do not include the before me part when referring to signing. They also don’t include any swear words, so the “sworn to me” part is confusing.

Your Seal must be clear, complete and not smudgy and not have light or missing corners or you will be hearing from the county recorder and might have to redo your work. Seals may look smudgy even if they aren’t, if you forgot to wear your contacts.

It is illegal to omit an Oath or Affirmation when executing a Jurat. Many Notaries say that they never have to administer Oaths in their state. I’m not sure whether or not to believe them. But, you need to know how to do an Oath if you see the words, “Subscribed and SWORN to before me.”

Oaths begin with the verbiage, “Do you solemnly swear…” If you omit the term swear, then the proceding is not an Oath. Oaths are made under God while Affirmations are made on your personal honor. If you’re Harvey Weinstein, the personal honor part doesn’t apply. I affirm that will be my last Harvey Weinstein joke.

Affirmations use the verb “affirm” or “state” but not swear. If you swear it is not an Affirmation and if you affirm it is not an Oath.

Oral statements do not get the same Oath as a written document or statement. Do you solemnly swear that the statement you are about to make is true and correct is a good Oath verbiage for an oral statement, but would be completely wrong for a document Oath for obvious reasons. Don’t let the fact that oral hygiene is good and documented hygiene is also good confuse you.

In your Notary Journal create one entry per person per document. If there are two signers each signing three notarized documents, then enter six entries. Each one signed by the corresponding signer. And keep journal thumbprints just in case someone gives you a fake ID. (If you’re a liquor store owner and someone gives you a fake ID, give them your thumbprint down!) Keep additional notes if there is more than one document with the same name such as escrow numbers, addresses, or anything to distinguish the documents.

The purpose in keeping a journal is not so much to please your state although many states require this, it is to please the FBI & Judges as they will be the ones inspecting your journal if something goes wrong. (However there’s no pleasing some people, like my old girlfriend who complained when I had the toilet paper roll under, not over, and also when I had it over, not under.) California audits journals from time to time too and they will suspend you if you keep a bad journal or no journal.

If the identification does not prove a person’s identity then that is a questionable and possibly illegal notarization. Think of all the trouble you could get yourself into taking liberties notarizing. You could end up in court as a defendant. The ID does not have to exactly match the signature, but the name in the signature must be provable based on the ID. i.e. the ID says John William Smith and the signature on the document says, John W Smith — then it is provable and you should be okay. If your ID says “John Doe” and you’re checking into a hotel with a harlot, it isn’t provable but you should be okay if you wear protection.

Identification for the purposes of notarization should be government issued photo ID’s and be current (some states have exceptions to the current part.) A Social Security card or AKA statement is NOT acceptable for a Notary to use to identify a signer or verify a middle initial. If Social Security runs out in 30 years, you can use that to identify millennials’ middle fingers.

A thumbprint is the most unique and reliable way of identifying someone as a supplemental form of identification. Use a photo ID as a primary ID and thumbprint in your journal. That way if you are ever investigated you will have hard bio-metric data to find dangerous criminals. If the criminal had his thumb blown off, you’re on your own.

When doing a POA signing with an Attorney in Fact, there are multiple ways an AIF can sign. John, as attorney in fact for Sue. Sue, by John her POA, etc. To choose the right variation is NOT YOUR JOB. There are perhaps eight legally acceptable ways of doing the verbiage. It is up to the LENDER to decide which variation they want. Rely exclusively on them for this as choosing a variation is a matter of preference, and the loan will not go through if you goof on this. If you goof on your younger siblings, it’s perfectly normal.

Do NOT send loose certificates in the mail. You could end up in jail as it could be attached to anything. Certificates must be stapled to the document they correspond to — period! Do not send loose women in the mail unless she’s going to Harvey Weinstein. Darn! Okay, I promise, that’s the last Weinstein joke!

Do not ask Lenders or title people for notary advice. They will tell you what they want you to do which is often illegal and for their short term benefit. Rely on your state government and NNA’s hotline for reliable Notary knowledge. Other people are NOT experts at Notary law and might lead you astray by accident or for their convenience. Don’t trust anybody except Santa Claus and the Tooth Fairy. They don’t exist? Okay, don’t even trust them!

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October 13, 2017

Notary Public 101 — Identification

Filed under: Comprehensive Guides,Identification For Being Notarized,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , , — admin @ 2:00 am

Return to table of contents for Notary Public 101.

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IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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November 30, 2016

Notary Acknowledgment Wording

Filed under: Popular on Linked In,Technical & Legal — Tags: , , , , , — admin @ 11:11 pm

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

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October 21, 2016

Building a Wall Around Signing Companies

Filed under: Andy Cowan,Popular on Facebook (comments),Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , , , , , — admin @ 12:05 pm

BUILDING A WALL AROUND SIGNING COMPANIES

Signing companies are invading our territory. They’re lowering rates for signings, not paying people, and micromanaging the people doing signings.

We will build a wall around these signing companies. And let the signing companies not paying people on time pay for it. The good notaries will make good people sign their legible signatures on the wall. The bad notaries will turn to petty crime and write illegible graffiti on the wall.

In addition to the signing companies, too many new notaries are invading our territory, willing to do twenty dollar signings. They’re killers… of the marketplace by working for cheap. Others are executors… of documents that have something wrong with them. . Others are improperly backdating… Or allowing clients to sign incorrectly… They’re misidentifying people… They’re not administering oaths properly…

We will make notaries great again. They’ll become certified on 123notary.com. They’ll start winning again. Believe me, they’ll get so tired of winning, they’ll start losing their minds just to remember what losing feels like!

We’ll impose a temporary ban on all lousy notaries until we can figure out what the hell is going on. We’ll deport the notaries who aren’t doing their jobs back to where they came from, unless they’re already citizens, in which case we’ll export them to countries we’re not that crazy about. We’ll let them come back legally – by letting a competent notary make them swear they won’t screw things up the next time around.

And when that’s finished, we’ll build a wall around my mouth.

In answer to Bernie Sanders and Pink Floyd… We don’t need no (free) education! All in all it’s just another brick in the wall!

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July 26, 2015

10 tight points on Loose certificates

Filed under: Comprehensive Guides,Notary Acts & Certificates,Popular on Linked In,Popular Overall — Tags: , , , — admin @ 10:31 pm

I have not written about this topic for a long time because I take for granted that Notaries are experts on the topic. In real life, it is possible that many Notaries do not know how what to do with a loose certificate. So, here are the correct steps to take.

(1) Purchase Certificate Pads from the NNA
Why the NNA? In my experience, they are the best source of 1-stop shopping for Notary supplies. They have great journals and pads. You cannot attach a loose certificate if you don’t have one, so keep them in stock and guard them with your life. Your career as a Notary rests on having the correct forms. You need Acknowledgment Forms, Jurat forms, and perhaps Copy Certificate by Document Custodian forms. Make sure the wording is acceptable according to the current laws of your state!

(2) Keep the Pads in your Notary Bag
Having the right forms is no good if you don’t keep them with you. Clients don’t want to hear the old, “I left it at home” routine. It sounds like your dog ate it. We are not in junior high anymore! Keep your law primers, journal, pads, seal, and anything else you need on you at all times and remember to keep your journal and seal under lock and key when not in use!

(3) When to use Loose Acknowledgments
If you need to notarize a document and the document doesn’t have notorial wording, it is time to use a loose certificate! If a document has incorrect notary wording for your state, you need to consult your state laws to see if they will allow out of state wording. Most states will allow out of state wording providing that the wording isn’t substantially different. If the venue or the name of the signer(s) is wrong or has an extra signer, or leaves the name of a signer out — you might want to attach a loose form.

Also See: Do you Notarize loose certificates as a Notary?

(4) Fill Out the Form
Filling out forms is not rocket science, but more than 50% of notaries omit crossing out the he/she/they and the capacity(ies), etc. If Joe signed the document, then cross out the she/they unless you know more about Joe than we do. You might cross ou the (ies) too. Don’t forget to fill out the venue, stamp, and sign the form. If your state doesn’t require a stamp, consider moving to a better state!

(5) If the Glove Don’t Match, you Must Attach!
Certificate forms must be attached to corresponding documents by law in many states. This means by staple, otherwise it will most likely be detached which could lead to a lot of confusion and potentially to law suits. You should also indicate the document name, date and length on the certificate as well as any other pertinent and identifying information about the document just in case the certificate gets separated. Many Title companies detach certificates which is completely illegal, but they don’t care because they are above the law — or think they are — or never got caught — yet…

(6) NEVER Send a Loose Jurat in the Mail
You can go to jail and lose your commission if you send a loose certificate in the mail. Lenders often ask you to just send a loose “Jurat” in the mail if the one you sent is not acceptable for one reason or another. You can request that the original document is sent back to you. That way you can destroy the original Acknowledgment or Jurat and add another one and staple it to the document. If you send a loose one, it could be attached to a different document and used for fraud, and you might end up in court.

(7) Some People Create Their Own
Some notaries who are penny foolish create their own Acknowledgment pads. You could put company branding on it to gain attention for your company. Just make sure you don’t goof as this is a legal document.

(8) Thumbprints?
Most Notaries only put thumbprints in their journals if they thumbprint at all. But, the NNA’s certificates have, or used to have (I’ve been out of the loop for a while) room for thumbprints. It looks more official for really critical documents if you get that extra thumbprint. For documents going overseas, I recommend this as foreigners think you are the best Notary in town if you give thumbprints — and embossing looks really official too!

(9) Two Certificates?
Sometimes you might need to attach multiple certificates for a single document. This is fine. One for his, and one for hers. They might even be notarized at different times. The custodian or recipient of the document might or might not like that, but it is all perfectly legal! You might have a lot of staples if you attach them at different times, but that is how the Notary business works.

(10) Jurats with Oaths
Sometimes if you are administering an Oath on a short statement, you can write the statement right on the Jurat form. In this case, you don’t need to staple the form to a document as the form includes the contents of the document as well as the Notarization. Don’t forget to have them raise their right hands and swear under Oath!

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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.)

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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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October 20, 2013

Can a resident alien card or permanent resident card be used for being notarized?

Filed under: Uncategorized — Tags: , , — admin @ 7:48 am

Each state has different rules for what type of identification is suitable for being notarized. The California Notary Handbook does NOT specify if a Green Card, Resident Alien Card, or Permanent Resident Card may be used as identification for being notarized!

However, if you have a current “California approved” (a card that meets California standards) identification card that has — a photograph, description of the person, signature of the person, and an identifying number: then you are in good shape and can be notarized.

Since a green card or resident alien card is not on the approved list of identification cards in the California Notary Public Handbook, it is recommendable to use a passport, state issued identification card, or driver license.

You might also like:

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

Compilation of Notary stories
http://blog.123notary.com/?p=21898

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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September 3, 2013

Notary For Minor — Notarizing Children

Filed under: Legal Issues — Tags: , , , , — admin @ 8:56 pm

Have you ever been requested to do a notarization for a minor? Doing a notary for a minor is unusual, and notaries don’t always know what to do. A signature of a minor is not legally binding, but that doesn’t prevent you from notarizing their signatures. If you are notarizing a minor, take the same steps you would take notarizing anyone else. But, take one extra precaution in your paperwork — indicate the age of the signer in your journal, and perhaps on the document so there is a record after the fact! Remember, the purpose of a notary public is to keep accurate and complete paperwork on signatures / transactions so they can be queried after the fact. The exact rules for how you do your documentation vary from state to state, and country to country — but the basic purpose of a notary public worldwide is still identical.

The next problem you might encounter when notarizing a minor is that they don’t always have photo identification. If there is no ID, then without credible witnesses, you can not identify them properly for the notarization. Not all states allow the use of credible identifying witnesses, so learn your state rules on the matter. Identifying a minor is not always possible, so just do your best.

The most important thing to understand when doing a notarization for a minor is not to panic. Just follow procedure and make special notations in your journal about whatever is unusual about the signing — especially the fact that the signer is under 18 years of age!

You might also like:

Notarizing for a minor – identification!
http://blog.123notary.com/?p=6969

Rules for notarizing minors
http://blog.123notary.com/?p=2362

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

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