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October 3, 2019

Help!…getting a divorced but husband has my stamp!

Filed under: Carmen Towles — admin @ 11:19 pm

Got a call form a frantic notary that is in the mist of a seemingly nasty divorce. She has a question and it is obvious right away that she is clueless as to what her notary laws are. She states that she may be calling the wrong place but her husband has her seal. She also wants to know if she is still an active notary? I’m thinking; “Oh boy”. I told her first off lets address the fact that you should know that your seal an journali (if required or not to keep one) is to remain with YOU at ALL TIMES in a secure locked location and secondly, you should be fully aware whether your commission is active or not. I mean if she doesn’t know (besides the SOS who would know) And, I am sure they will think it odd of her to be asking. I can’t for the life of me understand why folks are so lax and nonchalant with their seals. The power of the seal is enormous. It can create havoc on peoples lives and cause many financial problems.

In my humble opinion, it seems to me that if you are going to take on such a responsibility being a notary public that you would try at the very least to learn everything you can about being a notary public for your state. There are what I call the ‘rules of engagement’ and one should do their best to know them. Once you become a notary public you are considered a government official and you need to know what you ‘can and cannot do’. There are rules to be followed and you should know them.

It really terrifies me that we have thousands of notaries throughout the county that have no clue of what they are doing. They just tell me that they want to make a quick buck, or its just a side hustle or I just what to do loans. There is way more to being a notary then making a fast buck, etc. There can be financial devastation to you and/or others if you don’t know what you are doing. If you mess up someones paperwork it will be on you. And if you leave your stamp just laying around ‘willy nilly and it is used for fraud god forbid that to, will be on you. So for her to leave her stamp with her soon to be ex-husband was IMO gross negligence and I told her so. I recommended that she contact her husband immediately and secure her seal and journal (if he had that as well).

Please folks read your handbooks and learn all you can. It’s WAY more to being a notary than making a fast buck or side money….

You might also like:

My stolen identity and fraudulent notary seal
http://blog.123notary.com/?p=20753

Notary Public Seal
http://blog.123notary.com/?p=21411

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October 1, 2019

Getting paid – a comprehensive timeline

Filed under: Marketing Articles — admin @ 11:17 pm

Many Notaries have a problem getting paid. It’s not you — it’s the industry. But, by using good principles, you can avoid most of the drama. Here are some guidelines to help you through every step of the process.

BEFORE THE SIGNING
When you get that call from a particular company, you need to either have records on each company out there, or be able to look them up. That means you either need online records on a cloud, or accessible from your iPhone, or have a cheat sheet in your glove compartment with up to date records on all signing companies. You need to keep track of:

1. How many jobs have they given you
2. Payment record — average # of days to pay
3. How much outstanding
4. Are they pleasant to work for
5. Cancellation rate.
6. What is their track record on the forums and 123notary’s list of signing companies.

If company cancels too much, you should up their rate or make them pay a cancellation fee or nonrefundable deposit up front, otherwise you will be left holding the bag (and the freshly printed documents.) If a company owes you more than a few hundred, you should deny service until they pay up. If a company has no track record with you, please consider asking them to pay up front via Paypal. If you are a newer signing agent and desperate to get experience, you should be more flexible and take more risks so you get experience. People who use 123notary reward Notaries for having a lot of experience.

You can check new companies on your iPhone while on the road to see how they do on the various forums and 123notary’s list of signing companies with reviews. If a company has a bad track record of payment, you should charge up front or you will likely get stiffed. Some of these companies have no remorse.

CONFIRMING THE SIGNING
Confirming the signing using our tips in the real life scenarios section of Notary Public 101 will not help you get paid, but will help you reduce the amount of signings that end in mid-air. If the signer doesn’t have ID with matching names, or if the other signers aren’t going to be there, or if they don’t have that cashier’s check they need — you are better off not going to their house as it will be a waste of time. Signings that end in “no signs” often do not get paid, so by avoiding this type of scenario, you will have less unpaid jobs as a total percentage.

AT THE SIGNING — MISTAKES
Most Notaries brag about how they have a 99.9% accuracy rate. The truth is that most Notaries make mistakes from time to time, and sometimes FedEx or the Lender screws up too resulting in a second trip. In my experience it is very hard to get paid for a second trip. Companies will often offer to pay, and then not pay you. So, triple checking your work and getting packages to FedEx fast will help reduce your rate of non-paying jobs and also help you from getting fired as much.

AFTER THE SIGNING — FAX
After you are done with your signing, fax a bill and include all pertinent information such as the borrower’s name, property address, loan number, and whatever else the signing or title company wants. Send a bill every week by fax or email or whatever medium your company wants. Also, keep records of every signing company you work for, and all of the jobs they assigned to you. When they pay you, you can indicate the date when they paid you to the right of the job description, borrower name, property address on your records. Your records can be paper or online. It is very fast to do this by paper by the way and less chance of data loss unless you keep the paper in your car.

EVERY MONTH — RECORDS
Every month or so, update your records that you keep in your car. Keep records on each signing company. Track how many jobs they gave you, how fast they pay, what they still owe you, how much you like them. You can assign them a grade too. You can have a customized pricing strategy for each company depending on their track record. You can give lower prices for companies you like. I would base prices on estimated time spent and NOT a fixed price. You could have a — near, medium and far price, or a price that is more intricate depending on number of pages, number of signers, distance, time of day, etc. That is up to you. But, having an intricate pricing strategy will make your life a little more complicated, but will weed out the more difficult companies, or at least make them pay for grief they cause you. Otherwise, those companies will think they can get away with causing Notaries endless headaches. You could keep two sets of these records and update them monthly. One at home and one in the car. If someone offers you a job, don’t quote a price until you look at your records and see if they are on the “A” list.

30 DAYS
If a company is past 30 days, time to consider sending them a demand letter. Or you could wait until the 45 day mark depending on how tough you are. We have a demand letter (from hell) template on our resources page. People have had consistently excellent luck with it, and it was given to us by our very most seasoned Notaries on the site.

45-60 DAYS
If anyone gets to this point, definitely send them a demand letter, but consider hiring an Attorney to write a letter threatening them. There are Attorneys who will write a letter for about $30 using their legal assistants. If a company owe you $300 or more, it might be worth it to write a letter. You can also charge for damages which include your time lost and legal fees.

CONTRACTS
We wrote another article on contracts. Signing companies have contracts to protect their interests. Their contract defends what is convenient and good for the signing company but not what is good for the Notary. You can have your own contract too and make people sign it if they want your services. If you are inexperienced, many companies might not sign it. But, if they need you and you have experience, they just might. You can state terms about partial signings, no shows, cancelled jobs, printing fees, resigns, and whatever else you want. Try to be reasonable in your terms if you expect anyone to sign it and continue using your services.

CREDIT
Try to determine before hand how much credit to offer to particular companies. This needs to be customized. Companies with a bad track record should not get any credit and must pay up front. Companies that have been solid towards you for years might get $400. But, don’t offer more than that because good companies turn bad all the time the minute they run into credit problems. Each company you work for should have a credit rating with you and an individual amount of credit you will offer them. When they offer you a job, see how much they are in debt to you already before saying yes, otherwise — it’s Paypal — or no job!

Trouble getting paid?
http://blog.123notary.com/?p=15339

Tips for getting paid
http://blog.123notary.com/?p=19794

Scary results when someone uses our demand letter from hell
http://blog.123notary.com/?p=2006

Template for our famous demand letter
http://www.123notary.com/howto-get-paid-signing-agent.htm

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August 18, 2019

Here is why you should keep a journal…

Filed under: Carmen Towles — admin @ 11:40 pm

I was speaking with one of my notary colleagues and I don’t know how the topic of journals came up but it did. This notary lives and works in Florida and they are not required to keep a journal but he does. He says that he always has since day one. He says that it has saved him on more than one occasion.

He shared with me a couple of incidents that he felt have saved him from wasted time, lawsuits and lawyer fees. After a 5 year old notarization, he received a call from an attorney that wanted to know if he remembered notarizing for a Haitian woman whom he had met with. Typically he doesn’t remember them after a few years but he did remember her. The lawyer went on to tell him that the woman had since passed and the son was contesting the POA he had notarized, He said that his mother would not have signed such a document. It seems she had given one of the other sibling POA and this angered him. So, the notary found the journal entry, made a copy and sent to the attorney and that was the end of it. He never heard from him again.

On another occasion he actually received a subpoena and had to actually appear in court. It seems this was around the time of option arm loans and subprime. In any case, the signers of the loan were claiming fraud on the lenders part. Because no-one is required in Florida to keep a journal he was not asked for a journal entry. However, on the day of his court appearance he brought along his journal. Upon taking the stand to be questioned, he mentioned to the judge that not only did they appear before him and indeed sign the loan documents, he had journal entries along with thumbprints to prove it. The judge looked at the journal and in annoyance banged his gavel and said case dismissed. Pay your bills he directed to the borrower/signers.

Now think about this; what if in both these occasions he had not had a journal to prove that these people had met with him. Both these cases had the potential to drag on for weeks perhaps even months.

So moral of the story, PLEASE keep a journal for your own (and others) protection. For most states this is not a requirement. And, if your are precluded/prohibited form keeping one (Texas comes to mind) then by all means follow the rules/laws of your state. But for the rest of you that have no such restriction please keep a journal. It is so worth the extra effort. The benefits for out weigh the expense (buying journals) and the extra time required too fill them out. A journal could save your life…..

You might also like:

Do you keep a journal to please the notary division, judges, or the FBI?
http://blog.123notary.com/?p=19483

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

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May 26, 2019

X is now a gender and not a generation

Filed under: Technical & Legal — admin @ 10:55 am

The NNA wrote in their blog (and I think this is bad advice by the way) that you should not fill in the he/she/they in California if the gender on the ID says “x”. However, the whole point of the he/she/they is to deter fraud, so by not filling it in, you are inviting fraud (but, without the RSVP card). You no longer know if the person is singular or plural, x-etera. And then asking people to sign next to the “x” presents some other sensitivity issues now doesn’t it. On the other hand, what might make sense is to put in handwriting at the bottom of the acknowledgment that this is a notarization for a single person of gender neutral (or unknown gender) association. That way you have documented the gender and quantity of people. Or, the state could come up with a form that says he/she/x/they which in today’s times makes a lot more “xense.”

When I was growing up there was generation x. Now there is gender-ation x. Boy have things changed. I never thought I would live to see this day. And I have no say in the matter. By the way, I self-identify as being a South African Bushman — is there a spot on the form for that?

It would not surprise me if some millennial came up to one of these transgender people and said, “I self-identify as being a Notary Public.” Do you have a commission? What’s that?

We can change our appearance, but can we change our chromosomes?

You might also like:

Millennial Notaries and gender rules
http://blog.123notary.com/?p=22535

The Notary apologizing game
http://blog.123notary.com/?p=22576

Demographics and who is reading my blog
http://blog.123notary.com/?p=22231

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April 24, 2019

Notaries can get jobs in banks more easily

Filed under: Public Interest — admin @ 10:22 am

If you would like to have more options to work in a bank in any particular capacity, it is easier to get a job at a bank if you are a commissioned Notary Public. Being a Notary Public involves applying to your particular state, in many cases taking a course and passing a test. The rules for becoming a Notary are state specific and change over time so please ask your state or visit your state’s Notary Public information online which generally is on the Secretary of State’s website.

There are lots of documents that might get notarized at a bank. Sometimes banking power of attorney forms need to be notarized. Other times, contracts, affidavits, or other general documents might need to be signed and notarized. Loan documents might need to be signed at a bank and those include Deeds of Trust, Mortgages, Signature Affidavits and many others. It is good to be knowledgeable about the loan signing process if you get involved in loan signing.

It is likely that a bank might want to have multiple Notaries on staff. After all, people call in sick, quit, and take lunch breaks, but the Notary work still must get done.

So, consider becoming a Notary so you can get that bank job you have always dreamed of. And yes, I would like my withdrawal in ones please…

You might also like:

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

Banks need more notaries on staff
http://blog.123notary.com/?p=21153

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April 11, 2019

The lady who studied 30 hours for her elite test

Filed under: Certification & Communication Skills — admin @ 10:46 am

I am very honored and pleased to announce that there was a very zealous lady in California who claimed that she loved my materials on Notary Public 101. She studied an hour or two per night for close to a month for my elite test. This lady aced my test and I was so surprised and pleased. I am so tired of people with bad attitudes, it is refreshing to see people who have an excellent attitude. I wish more people could have better attitudes towards learning.

Our new elite test is by phone and it is hard as hell. There are so many different sections of the test ranging from notary, documents, situations and advanced materials too. There is a lot to learn, and some of it is hard. Typically and ironically, Notaries have the hardest time passing questions about Notary acts, because so few of them know the rules for any Notary act.

Being elite certified raises your click average by 60% on your listing based on numbers I crunched in 2018. This is a huge boost in clicks and a huge boost in jobs not to mention that people get paid more who are elite certified. If you want to get ahead, spending a lot of time studying will pay off in the long run, and even in the short run. I wish I had more ladies like this one who studied so hard. It makes me feel good when people respect me, my materials and high standards. It makes our industry great (but not great again).

You might also like:

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

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April 2, 2019

Many people who hire notaries don’t think about quality = dangerous

Filed under: General Stories — admin @ 10:00 am

Many people who hire Notaries don’t know anything about the dangers of an uninformed Notary. A careless Notary can ruin appointments by not confirming properly. They can fill in notary forms wrong. They can omit Oaths, or get into other peril by not knowing how to handle situations.

123notary puts a lot of effort into breeding Notaries into being the best that they can be with Notary Public 101 on the blog. However, those that hire Notaries typically don’t know the difference. This is dangerous and can result in a lot of trouble. When you hire Notaries, trouble doesn’t come all at once. It might not come for a while. But, if the notary identifies someone incorrectly and that comes back to you, it could be catastrophic. If Notary doesn’t drop the package in a timely manner, that is also a potential huge problem.

Just because those hiring you don’t know the difference doesn’t mean that you should not care about being a good Notary. The danger of being a careless and sloppy notary is not only for the borrower and the client, but also for the Notary. You can get in all types of trouble. So play it safe and keep studying your notary law, how to handle situations and your documents. Your few hours of study will make you look a lot more professional for the rest of your career.

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March 15, 2019

Dr. Phil moderates dispute: Notaries vs. Signing Companies

Dr. PHIL: You have asked me to moderate your ongoing dispute between Notaries and signing companies. I hope that we will have a fruitful session and resolve some of your issues.

FRANK: Thank you Dr. Phil. We Notaries have been complaining for years about low-ball fees. We are sick of it and want to get paid what we deserve.

SAMANTHA: Thank you Dr. Phil. We signing companies used to have better quality Notaries to work for us. In the last several years, the quality keeps going down and down. We feel we shouldn’t have to pay much money to these Notaries who in our opinion, should not be commissioned in the first place.

FRANK: If you want better quality Notaries you are not going to get them based on what you pay.

SAMANTHA: Well, if you want more money, you won’t get it with your communication and notary skills.

Dr. PHIL: Which came first, the chicken or the egg? This conversation isn’t going anywhere. Now, Frank, I don’t know what your level of competency is as a Notary Public. If you want to get paid good money, you have to be good at what you do.

FRANK: Oh, I’m good at what I do.

SAMANTHA: No he’s not. He claims to be good at what he does. We tested him and he got 30% on our test which is so easy, high-school student could pass. We only hire him because the other Notaries are either just as bad, or charge a lot more.

Dr. PHIL: Too bad you don’t get paid for deluding yourself, you’re good at that. Now, you think you are good at what you do, but Samantha here has given you a standardized test and you failed. How can you call yourself a great Notary when you failed a very basic sounding standardized test?

FRANK: Well that’s because I’m anything but a standard Notary. And by the way, you’re just as bad as she is.

Dr. PHIL: Well, what do you think your average standard person is going to think if they know you failed your test?

FRANK: They’ll think I’m an idiot.

Dr. PHIL: So, do you think someone functioning at the level of an idiot deserves high pay? Do you think they deserve to be hired at all? Would you hire someone who failed a professional exam?

FRANK: Oh, well now that you put it that way. Hmmm. Well I thought I was good at what I did. I don’t get complaints?

Dr. PHIL: You have a complaint sitting right next to you. Do you think you’re being honest with yourself?

FRANK: In all honesty, yes… wait, can I start being honest now? Well at least I thought I was being honest with my self.

Dr. PHIL: The fact remains that you are not honest with yourself about how you are severely lacking in your knowledge of notary and signing basics. Those that hire you are not happy about that fact. They will never pay you much as long as you don’t live up to their expectations.

FRANK: What about my expectations?

SAMANTHA: We put up with this type of attitude to save $50 per signing. If we didn’t do that, we would not be able to turn a profit.

Dr. PHIL: Well you get what you pay for. Frank here is not living in reality and exhibits no willingness to learn his profession to the point where he seems hireable. Now, let me ask you a few questions Samantha. How often do the Notaries you hire make mistakes and what are the potential damages to your finances when they do make mistakes? Try to give me as many realistic scenarios as possible.

SAMANTHA: When we hire new Notaries, we screen them out first to get rid of the ones that sound really bad on the phone. The ones we hire, we encounter a 3% error rate, at least with the new hires.

Dr. PHIL: And what are the damages?

SAMANTHA: It’s really hard to say. Sometimes we have to resign. Other times we have to redraw documents. Once , a client lost his lock. But, in one isolated incident, an identity thief was notarized with a fake ID that a good Notary would have spotted. That cost us $20,000 and time in court.

Dr. PHIL: So, that sounds dangerous to me. What is the average cost of a notary mistake, all factors considered?

SAMANTHA: After doing the math, it looks like the average mistake might cost $400. Since mistakes only happen 3% of the time the cost per average job hiring questionable notaries might be $12. We are saving a lot more than $12 to hire cheaper Notaries so it seems worth it to me.

Dr. PHIL: What about the cost to your reputation and the risk of losing clients because you hire less than perfect Notaries?

SAMANTHA: That is always an issue, but since we clean up problems quickly, we haven’t lost more than a few clients. But, that does seem to be a bigger issue. How many Title Company clients have we lost due to the quality of the Notaries we have hired, and how many more would we retain or attract if we used better Notaries. It might be worth $30 extra to hire a better Notary.

FRANK: Now, I’m out of business for sure.

SAMANTHA: Unless you study. It wouldn’t kill you to crack a book.

FRANK: It might.

Dr. PHIL: It looks like we have had a good discussion here. I have learned something, and I think you, Samantha have learned more about the various factors in this complicated equation of who you hire, how much you pay them, and why. Now, Frank, have you also learned that you need to study more to be able to pass standardized tests to make a good impression on people who hire you?

FRANK: 123notary is the only entity who has quizzed me recently, and they are a directory. They don’t even hire people. I don’t think anyone else cares if I know anything, so why should I care?

Dr. PHIL: If you want to get more work at higher prices, you should care. I read an article that says that 123notary certified signers make $8 more per signing and get a heck of a lot more work.

You might also like:

Marriage Therapy for Notaries
http://blog.123notary.com/?p=21220

Bikers on Boats; Notaries heisting signatures
http://blog.123notary.com/?p=21160

Notarization on the Steve Harvey Show
http://blog.123notary.com/?p=13704

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March 6, 2019

How do you get something notarized if you don’t have ID?

Filed under: Technical & Legal — Tags: , , — admin @ 9:28 am

How to get something notarized if you don’t have ID?

Credible Witnesses
The answer is that it’s not so simple. Most states have rigid rules for who can be notarized and what type of identification is necessary. However, many states allow you to be notarized if two individuals called “credible witnesses” swear to your identity. They can generally be anyone who knows you. But, how can you know if you are in a state that allows credible witnesses? Ask a local notary and find out. The sad thing is that many of them do not know how to use credible witnesses to identify a signer. So, do your homework and find a Notary who is in the know, so to speak.

The Process of Obtaining an ID
In the long run all people should have an ID, and there is a typical way to get this. You need to get your birth certificate from the city you were born in — and hopefully you know where that is. From there, you can get a state ID card and then you can get a passport.

How it Used to Be
Many years ago, you could get a Jurat done (which is a notary act.) Jurats require a sworn Oath but did not used to require identification on the part of the signer. I believe that they do now in all states, but I could be wrong.

Typical ID’s that are acceptable for a notary would be:
State issued ID cards
Drivers licenses
Passports
Military ID cards
Green cards did not used to be acceptable in California but might be now and you can ask a local notary.
Credit cards with photos are NOT acceptable.
Social Security cards are also not acceptable.

As a general rule a government issued photo ID with a signature, serial number, physical description and expiration date would be acceptable.

.

You might also like:

Notary Public 101 – A Guide to Identification
http://blog.123notary.com/?p=19507

Identification for Prison Notarizations
http://blog.123notary.com/?p=22139

Expired Identification
http://blog.123notary.com/?p=8294

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February 22, 2019

Apostille – General Information

What is an Apostille?
An Apostille can be a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that is not NOT a member of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from. In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office. Due to budget cuts, Secretary of State Offices are not always nearby, so it can be labor intensive to get to them.

How do I get an Apostille?
You might consider contacting an experienced notary who has been through the Apostille process many times. There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.

Q. Can you recommend a few notaries who are experts in the Apostille Process?
A. Yes, see the 2011 version of this blog article for recommendations.

You might also like:

What is an Apostille?
http://www.internationalapostille.com/what-is-an-apostille/

Department of State — Apostille Requirements
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

2011 version of — How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

Certified copy of an Apostille?
http://blog.123notary.com/?p=14923

Basic Notary Vocabulary
http://blog.123notary.com/?p=19495

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