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May 1, 2021

Precautions as a notary are like wearing your seat belt

Filed under: Best Practices — admin @ 6:28 am

One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

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February 2, 2021

Expressing yourself as a Notary for marketing purposes

Filed under: Your Notes Section — admin @ 1:34 pm

Business is booming for us after seven slow years. What a relief. We are getting a lot of new blood finally and it feels good. The newbies seem to have the same problem describing themselves as the people who preceded them.

Many Notaries want to tell the world things that count against them. Here are some:

1. I shadowed with such and such a Notary.
If the only experience you have is shadowing Penelope, then perhaps the person looking at your profile should hire Penelope, and not you. Shadowing is best left unsaid unless that is in addition to certifications from known agencies.

2. I became a Notary two months ago.
This makes you look like a real novice, wastes space, and counts against you. If someone asks, you can tell. But, you need to give people why they should use you vs. reasons why they should avoid you.

3. I am working on the Notary2Pro course
Notary2Pro is an excellent certification course. We recommend them highly as they do well when I quizzed them several years ago. Carol gets back to people fast with answers to their questions. But, let the world know once you have finished it. Nobody likes a half done job. We sell ten certification courses for every person who attempts the test, let alone who passes it. Buying a course doesn’t make you valuable, passing the test does.

4. I have 25K E&O but will soon be upgrading to 100K.
Don’t tell us what you will be doing, tell us what you have now, and then edit your listing once you have the higher Errors and Omissions policy.

5. I am background screened
By whom? Some companies like NNA and Sterling have a good reputation for background screening, others are relatively unknown and the procedures vary from company to company.

6. I am a Certified Notary Public from the State of Maine and I service Waldo County and do Refinances.
Once again, being “certified” means nothing unless we know who certified you. The testing standards and courses vary. 123notary has the hardest certification test. Pass ours and we will really respect you and you will get more clicks. The next problem is that you are mixing information about certification, your state of commission which is not necessary to put, as we assume you are commissioned in your state otherwise you can’t work. You next list your coverage areas in the same long drawn out sentence. I prefer to put certification(s) in one section with background screening and E&O. Then, in another section I put counties.

7. Hi, my name is Mary Smith
We already know your name is Mary Smith, it says that on the top of your listing. Why tell us twice? That takes up space when you could be telling us something else. The top of your notes section shows up in the search results. Tell us something that makes you stand out.

8. I travel
Everyone on our site travels, well almost. Maybe not the UPS stores and we have a few of them. But, the other 99% of Notaries do travel. People will assume you do.

9. I am reliable, responsible and punctual
Save it. Coming from you, that translates to — I am a novice, I have nothing to say about myself, so I will make unsubstantiated claims about how great I am with the hopes that the reader will believe me even though I have not demonstrated one ounce of credibility to anyone in this industry. Stick to the facts and let your clients put how great THEY think you are in your reviews, or pass my test.

10. I do all types of loans
Most people on my site claim that they know how to sign every type of loan. When I go through my list of 30 common types of signings most of which are Mortgages of one type or another, they typically do anywhere from 20-80%. I have yet to meet a 100%. So, basically, you are being vague, and deceiving the reader into thinking you really are experienced with every type of loan. List them one by one.

WHAT YOU SHOULD WRITE

Cold hard facts
Warm fuzzy “about you” descriptions

When you write about your skills, don’t omit the types of loans you know how to sign. It doesn’t hurt to mention you do refinances, Helocs, purchases, etc., But, 99% of Notaries out there can do those. Do mention it, but focus more on what you do that makes you special. If you are familiar (define familiar) with REO, USDA, Annuities, Applications, Reverse, and Debt Consolidations, that makes you more unusual. Most Notaries have either never done a Reverse Mortgage, or a Debt Consolidations, and the ones who have, typically don’t like doing them and half of the ones who have done them say they don’t want to do any more of them.

We think you should write briefly about your certifications (mention by whom you are certified), memberships, background screening, E&O insurance, and professional background. Don’t write a novel on your award winning Real Estate career. If it is so great, why are you a Notary in the first place? Wouldn’t you be busy selling houses unless you got tired of it? Mention that you do Real Estate, but not more than a sentence or two maximum for best results.

Warm and fuzzy descriptions are hard to teach. But, anything unique that has a nice feel to it about you will look really good. The readers are tired of cliche sounding notes sections. Seen one seen them all. If you have a classy line or joke, that sometimes can do well — it depends, but is worth trying.

We have many good articles about notes writing in the “your notes section” category of our blog. It is well worth investing a few hours taking notes on our suggestions about notes!

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November 30, 2020

What do people like about being a mobile notary?

Filed under: General Articles — admin @ 5:59 am

There are many reasons why someone would become a mobile notary. There are also other reasons why a person might continue to be a mobile notary. Here are a few.

1. Work your own hours
Are you tired of the 9-5 hussle and hassle? Working your own hours is great. You can also do other gigs between notary jobs, or take other gigs when there normally aren’t any notary jobs. You can also work a part time or full time job and keep doing signings.

2. Drive
Some people were born to be on the road (again). If you love to drive, being a mobile notary will keep you busy. You can work on the road, eat on the road, and just remember not to sleep on the road as that might be dangerous.

3. Meet new people and then notarize them
It is like being in the armed forces. Go to foreign countries, meet new people and then kill them. Instead of killing them, you notarize them — it’s the next best thing — trust me. You will meet people from all walks of life. You will know every end of the spectrum of middle class (boring) as well. Just like a snobby British upper class lady once said, “A marriage made in middle-class — how pedantic.” And then the sarcastic New Yorker said, “She could have done worse.” So take your pick. You can also meet criminals, kidnappers, arsonists, frauds, strippers, porn actresses and more. But, for the most part you will meet very “pedestrian” middle-class Americans who are so boring that you should have a cup of Joe before the signing to ensure you don’t fall asleep. On the other hand if boring is your thing — you will meet the right demographic. On a brighter note, if you live near a fun town like Santa Monica or Hollywood, you might meet more fun people.

4. Deter fraud
It brings meaning to my life to be part of reducing the amount of fraud in this world. Fraud creates uncertainty and suffering and the angels would prefer that we keep our world clean and orderly and that is why I believe they chose me to run this directory as I try to keep things ship shape. Notaries who are thorough make it very hard for frauds to get away with anything. Using that raised seal embosser on every page of every document you notarize, checking ID’s carefully and thumb printing makes it hard to do anything suspicious.

5. Reading our blog
Some Notaries like being a notary just so they have a legitimate excuse to read our zany blog. Yes, the comedy articles on the blog make the whole nightmare of being a mobile notary all worth it in the end. Laugh your way to success.

6. Money
Believe it or not, some people make good money in this profession, or at least used to. And others make a good supplement to their income too. If you are efficient allocating your time, you can make good money at least on an hourly basis. You should see what Carmen rakes in for very quick jobs taking less than an hour from door to door.

7. Retirement
Being a mobile notary is a great way to spend your retirement. It is hard to work full-time as an elderly person, but as a notary you can work as much as you feel up to it.

8. A good job after you have been in Mortgage
If you were in Mortgage for years, being a mobile notary is a natural continuation as your knowledge will carry over to a particular extent as a notary.

9. Stamping
Some people find it theraputic to stamp things, and as a notary, that is what you do every day. It might make you feel official.

10. Reading up on legal aspects
Being a Notary means you have to read up on the legal aspect of being a Notary Public. You need to know all of the identification procedures and all of the various notary acts. There is a lot to know and many people enjoy learning the legal distinctions. And then there are others who are so afraid to commit UPL that they fail to learn Notary law themselves and end up committing crimes out of ignorance on a daily basis. You might like giving Oaths too — I swear! Hmmm.

So that concludes my little article on why you might like being a mobile notary. I hope that you all now see the positives in your career and don’t regret being in this profession.

You might also like:

Certain things you don’t learn from experience
http://blog.123notary.com/?p=22572

Is prioritizing a skill a notary should have?
http://blog.123notary.com/?p=22291

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

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November 26, 2020

Five things a Notary can do worth $1000 per minute

Originally posted in 2018

Asking for reviews
Each minute you spend asking for a review can come back to you in the form of gold. It only takes a minute to ask, and if you ask enough people, you will get a handful of reviews which will double your incoming calls from 123notary. The next thing you know you will have repeat clients from those initial calls which you earned based on your reviews and you will be making lots more money.

Studying for certification
It takes a few hours to study for certification. But, the results can last a lifetime. Each minute of studying might be worth $1000 in the long term. So, whatever else you are doing. is it worth $1000 per minute? And what if I’m wrong and your study time is only worth $50 per minute. That is still more than a neurosurgeon makes. Speaking of neurology, my sciatic nerve hurts.

Call your old contacts
If you haven’t heard from someone, you could revive a long term client. That could be worth thousands.

Fix up your notes section
If I spent three minutes fixing up someone’s notes section, they get 55% more clicks. But, you can put more content in your notes and read up on what we recommend. We have a vast section all about how to fix up your notes. It takes very little effort, but could change your career.

Summary
There are many things a Notary can do to better themselves. The problem is, that Notaries have established habits, and don’t see the value of doing what 123notary says they should do. Those who listen to us often prosper in a huge way. What is the harm in going through a check list and just doing what makes sense? Getting more reviews could get you an additional hundred clients per year which could translate into thousands of jobs. What is that worth? And how much time did it take to get those extra clients? Two hours of asking for reviews, and you get $100,000 in extra income? That translates into about $1000 per minute. If you do the math, you will be kicking yourself for not focusing your time on priorities.

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You might also like:

If you are named as an identity theft conspirator it could cost you $20,000 in legal fees.
http://blog.123notary.com/?p=19481

$300 in 13 minutes. How Carmen cleans up in the Notary business
http://blog.123notary.com/?p=19284

How long should you wait to get paid?
http://blog.123notary.com/?p=19347

123notary elite Certification Study guide
http://blog.123notary.com/?p=20118

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

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

Negligent vs. Willful Misconduct

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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 _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Index of information about documents
http://blog.123notary.com/?p=20258

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October 23, 2020

123notary Elite Certification Study Guide

Filed under: Loan Signing 101 — Tags: , — admin @ 12:24 am

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ELITE CERTIFICATION

To get elite certification, you need to do well on the regular certification topics, and then know a lot more. Here are the items we quiz about for elite certification. We test by phone for the elite, and if you study hard and know your basic documents, scenarios, and Notary knowledge plus the content on this page, you could pass.

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Documents you have to understand intimately

Recorded Documents
Riders
Subordination Agreement
Residency Affidavit
Owners Affidavit
Deed of Reconveyance
Deed of Trust
CD & HUD-1
Please read the details of the required documents. Read more…

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Procedures or Acts to Understand

Signature by X or Mark — read more…
Apostilles and Authentications — read more…

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Other Terms or Information
Please click on the links below to get detailed information on the following points.

The term Elizor — read points 23 on this link. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate in court.

Explaining beneficial & financial interest. A Notary may not have beneficial interest or financial interest in anything he is notarizing. A beneficial interest could be construed as …

Federal Holidays in chronological order (memorize these). Let’s start with New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day …

Fraud Prevention & types of fraud that happen in the Notary world. Falsified identification, incorrect dates on certificates, using someone else’s Notary seal …

Authority – Who has the highest level of authority if there is a question about a notary act or document at a signing? The Notary is the authority as to how a notary transaction happens, but…

Annual Percentage Rate — a detailed understanding is required. The APR is based on the amount borrower after certain (but not all) fees and closing costs have been deducted, and expressed as a …

Pros & Cons: — Adding an Acknowledgment rather than fixing the original. if there is a mistake on a preprinted form. It is cleaner to add a new form, but there can be recording fee issues involved…

What to do if John & Sally’s names are inscribed in an Acknowledgment by the Lender and Sally can’t make it. — Cross out or add a new form? This is similar to the last point, but there are some extra snags…

Handling name variations and discrepencies such as: ID Name, vs. Typed Name, Signature on Doc, and Name on Ack. Relationship between these names if they don’t exactly match. The main thing is to obey the law first…

Understanding dates such as: Transaction Dates, Signature Dates, Rescission Dates, and Document Dates… A transaction date is the same as a signature date, but a document date is arbitrarily chosen, but by whom?

Loan Signing FAQ’s that Borrowers ask. FAQ’s have been greatly reduced by Lenders being required to explain documents to the borrowers in advance. But, you still might be asked why the APR is …

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March 11, 2020

Nice comments about 123notary on our blog

Filed under: General Stories — admin @ 8:17 am

Comments that were nice about 123notary

Mayra
I personally really like 123 notary. The contacts I get from here tend to offer more reasonable pay than on Snapdocs. Plus it’s just nice to get contacted via phone call instead of an automated message sent out to dozens of people.

Bethany
The wealth of knowledge I have received from 123 Notary’s blog is worth it’s weight in gold! The standards make 123 Notary a cut above the rest. Venting notaries is something every company should do.

Brenda
I would love to know what you think about this name:
Around the clock mobile Notary

Jeremy’s comment
The name has a nice ring (even though it is not an alarm clock). It would be ironic if your answering machine said, “Around the clock mobile notary, sorry we’re closed.” It is a good name. You get my approval.

Charlton
Jeremy, I’d like to get in on the free training mentioned in this blog. I looked for a means to do that the other day but wasn’t successful. Can someone send me a quick note on hos to get that going?

I find 123Notary is indeed well regarded. It was one of the top two groups recommended to me by a mortgage broker operating with multiple lenders US wide while he was in California, Nevada, Oregon and Ohio.

Jeffrey

As always your blog provided me with tons of good nuggets! Thank you for sharing and caring about the business!

Deborah Planet

I think of Jeremy as a businessman that cares!
I appreciate 123 notary

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January 19, 2020

How to be a cool Notary and why it is so important

Filed under: Business Tips — admin @ 10:37 am

Are you a cool Notary? Have you ever wanted to be? We have a Notary in San Francisco whose clients describe him (in reviews) as being young and hip. I think he is the only successful notary on our site who is both young and hip, not to mention articulate. But, what about the rest of us. What makes a Notary cool, and how can you become cool. Or is this a zen paradox and you become cool by not trying to be? Hmmm.

1. Knowledge
I think a cool Notary would be one who either knows his stuff so fluently that he can spout out information in a calm tone of voice without breaking a sweat. Most Notaries get flustered with easy questions like, “How many loans have you signed?” To most that is a trick question.

2. Coolness
A cool Notary would be too cool to care, but would also never miss deadlines for Fedex. It would be kind of a James Bond type cool where you are responsible and cunning in your coolness.

3. Savoir Faire (That’s French for being able to handle tough
situations gracefully) The “cool” Notary should know martial arts and swordsmanship (speaking of James Bond) and be able to go to a signing, fight off intruders using num-chucks, wipe the sweat off his brow after a stunning victory and then say, “now where were we?”

4. Dress
A cool Notary should dress the part. Smart Italian shoes, slacks that fit impeccably, and a leather jacket that says bad boy all over it. For women, a snazzy outfit, not sure what type because I’m not a woman, but definitely flashy and with high heels with an accompanying noticeable hair style.

5. The Car
You cannot be a cool Notary without a cool and hip car. New is usually hip. But, a classic car would work even better. Just tell them you’re a Leno fan and everyone will understand.

6. Poise and Posture.
The proper gentleman stands up straight. But, the cool Notary casually leans on things and holds his head at an angle to show style and perhaps a little bit of attitude too. But, not too much attitude, because too much attitude is edgy which is just as cool as cool, but not the same thing as cool — I guess. How would I know anyway, I’m neither. Just kidding — I’m both, baby!

7. Smoothness
If you are able to work your way smoothly through the package anticipating and answering their every question before they even ask, that is cool. Dealing with all the snags and changes of plans in your signing schedule without even blinking? Yes, once again, that spells cool.

Being a cool notary may sound like it is merely cool. But, think about it from the borrower’s point of view or title. Do you want to deal with a Notary who is awkward and doesn’t know how to handle things or would you prefer someone like Carmen who is the most graceful Notary alive who can handle anything seamlessly without even trying? There is a reason why Carmen gets paid triple what the rest of you get paid. That is because she is a flamboyant, and polished Notary who is cool in her own way — and yes, she has a cool sporty car to match as well. Being cool attracts good clients, so if you think being cool doesn’t matter — turn down the heat because it does!

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January 14, 2020

Where do you get your Notary information from?

Filed under: Best Practices — admin @ 9:29 am

Carmen tells me regularly how Notaries get information from random sources on the internet or from other Notaries who don’t know what they are doing. This is dangerous. You are legally responsible for the notary work you do. If you do your work wrong, you can get in trouble with your notary division or in trouble with the law. Therefore, it makes sense that you get your information from reliable sources.

NNA and 123notary publish a lot of notary information online. We are generally well informed and well intentioned. But, there are instances when our information is out of date, unclear, misinterpreted, or just plain wrong.

Getting information from Facebook groups, or other Notaries is a horrible idea because I test Notaries, and most of them score about 30% on Notary knowledge. If you are getting your information from others who would probably score 30%, how reliable do you believe their information would be?

Get your information from your State Notary Division. They are legally responsible for publishing information regarding your state’s notary laws, procedures, forms, etc. Even getting information by phone from the notary division is risky, because they could tell you anything. Look for what is in writing for the safest results.

And remember, even the best Notary teachers out there are wrong about one or two things. I know this because I test them and they are not always right on certain hard to understand or nit-picky things (such as credible witnesses for example.) I am sometimes wrong about notary issues as well, although my track record is quite good overall.

So, get your information from the source itself because you could get yourself and others in trouble if you don’t. Additionally, many states have horrible handbooks with very incomplete information about certain topics. In that case, you can refer to other more reliable sources like well established notary organizations which might do a good job explaining some of the less understood notary acts such as Oaths!

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