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September 24, 2018

Who does what in an Acknowledgment?

Filed under: Notary Acts & Certificates — Tags: , , — admin @ 10:15 am

Notary Acknowledgments

What baffles me is that virtually none of our Notaries on our site can adequately describe any Notary act without Carmen or myself teaching them one by one. I cannot teach everyone by hand and I do not get paid for that either. So, here is my dissertation on how Acknowledgment procedure is typically misinterpreted by Notaries which can lead to legal issues.

QUESTION — What is an Acknowledgment?

WRONG ANSWERS
1. The signer verifies that the document is correct
2. The Notary verifies that the document is correct
3. The Notary must witness the document being signed (only a few states require this)
4. The Notary acknowledges that the signer signed
5. “You” acknowledge the signature — who is “you?” Is it the Notary or the signer? Ambiguous and therefore not correct.
6. The signer must swear to the truthfulness of th document. (you must be thinking of a Jurat.

NOTE
Some states such as Massachusetts have laws regarding signing under duress and require the signer to state, claim or swear (not sure which) that they signed a notarized document on their own free will. I do not know state Notary laws and you have to be responsible for knowing the laws of the state(s) you are commissioned in. Please do not confuse swearing that you signed a document on your own free will with swearing to the truthfulness of the document, because one of those two Oaths does not constitute or substitute the other as they are two separate and unique practices.

RIGHT ANSWER
An Acknowledgment is a Notary act where a signer appears before a Notary Public, and acknowledges (sometimes nonverbally which is convoluted but true) that they signed a particular instrument (document) by virtue of the fact that they say, “please notarize this.” The Notary then identifies the signer normally by virtue of a current government photo ID, credible witnesses, or sometimes personal knowledge. The Notary does NOT verify if the document is correct. The Notary checks to make sure the signature on the document matches the signature in the ID and Notary journal. All three should match. The Notary then certifies that the signer appear before him/her, was positively identified, and that the signer Acknowledged signing the document. The Notary does not acknowledge or verify anything other than the fact that the signature matches their ID and the Notary journal (common misconception). The verb for the action of the Notary could be construed as “certifying” by virtue of the fact that the Notary’s job is to fill out an Acknowledgment “certificate” form for the Notary act.

1. The signer APPEARS before the Notary.
2. The signer ACKNOWLEDGES having signed a document (past tense, does not have to sign before the Notary.)
3. The Notary checks the signer’s IDENTIFICATION, or uses credible witnesses, or personal knowledge depending on state laws where you are.
4. The Notary has the signer sign a JOURNAL ENTRY. Not all states require a journal but you should keep on for legal reasons.
5. The Notary COMPARES the signature on the document, journal and ID for consistency.
6. The Notary fills out an Acknowledgment Certificate certifying that:
(a) The signer personally appeared
(b) Was proven to be the person named in the document
(c) The signer acknowledged having signed the document.

Once again, the signer does not verify the document is true. The signer does not verify signing the document, they ACKNOWLEDGE having signed the document. The document (in most states) can be signed prior to appearing before the Notary. The Notary does not verify the document is true.

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You might also like:

The new acknowledgment form for transgender people
http://blog.123notary.com/?p=19658

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

Notary Public 101’s guide to Notary Acts
http://blog.123notary.com/?p=19500

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September 16, 2018

Index of posts about Journals

Filed under: Journals — Tags: , , , — admin @ 2:23 am

Here is our index of posts about Notary journals

Notary Public 101 — Journals
This is a more comprehensive guide to understanding using Notary journals although we do have supplemental reading as well.
http://blog.123notary.com/?p=19511

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

Everything you need to know about journals
123notary.com/?p=70

How many journal entries do you create if you have two signers each signing three notarized documents?
http://blog.123notary.com/?p=19391

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

Journals with check boxes
http://blog.123notary.com/?p=19373

Do journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What is someone signs the wrong line in my notary book?
http://blog.123notary.com/?p=19324

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

Notary Public Journal
http://blog.123notary.com/?p=21409

Five things a Notary must do
http://blog.123notary.com/?p=19583

Why keep a journal?
http://blog.123notary.com/?p=19377

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August 3, 2018

Notarization for an exorcism

Filed under: Virtual Comedy Themes — admin @ 8:31 am

A Notary was called in to notarize an exorcism. He was asked if he had experience notarizing exorcisms and he said he did not, but asked, “Will I be notarizing the spirit, the person who was possessed, or the priest?” The priest who was hiring the notary said that he would have to swear under Oath to a statement. The Notary agreed to come. Meanwhile the Notary was going through a mid-life crisis. He was trying to find that happy medium between work and play, because working all day made Jack the Notary a dull semi-balding middle-aged boy.

The lady who was possessed was named Chelle. She exhibited signs of dual personality disorder (which is better than my last girlfriend who suffered from no personality disorder). One minute she would be Chelle and would be very nice and accommodating. The next minute Gertrude would take over and do mean things to people. It was so out of character.

On June 5th, the Notary showed up.

PRIEST: We are gathered here to witness this unholy union of inhabiting spirit and human to be broken. Do you solemnly take this uninvited spirit to no longer be your lawfully wedded possessor?

CHELLE: I do.

PRIEST: Do you, spirit, take this lady to be your lawfully unwedded possessee and agree to get out of her immediately? Notice to quit with a three second grace period.

SPIRIT: Do I have a choice?

PRIEST: Not really. If you don’t come out, I’ll summon in the angels and then you’ll really have had it.

NOTARY: Oh, you know how to talk to spirits!!!

PRIEST: (sarcastically) Only the bad ones!

CHELLE: So, what do I do now?

PRIEST: Just wait there. Now, what is that damn spirit doing hovering up there?

SPIRIT: Me, I’m just coming out of my Chelle (pronounced shell).

PRIEST: I’ve heard it all now. Now, Notary. Please administer an Oath on this verbal statement that says, “I hereby declare that Chelle has been ridden of spirit possession, so help me God.”

NOTARY: Okay, raise your right hand.

PRIEST: My right hand is raised.

NOTARY: Do you solemnly swear that the statement you are about to make is true and correct?

PRIEST: I do.

NOTARY: I pronounce you notarized.

PRIEST: But, I didn’t make the statement yet under Oath. I told you the statement I was going to make but did not make it when we had our hands raised.

NOTARY: Sorry, I don’t do Oaths, I only do Refinances.

PRIEST: Every refinance I’ve ever seen had at least three Oaths. The signature affidavit, occupancy affidavit and identity affidavit. Don’t you do oaths on these?

NOTARY: Nobody checks.

PRIEST: Do you want to get reported to the Secretary of State for refusal to administer acts that Notaries are legally responsible for administering to the public?

NOTARY: Oh, are you theatening me? You’re being rude.

PRIEST: (ring ring…) Hi, Secretary of State? A Notary named Jack Tripper… he refused to correctly administer an Oath to me for a verbal statement. Can you decommission him?

SOS: Could you send us an email with his name, commission # and expiration date?

PRIEST: I will.

SOS: Do you swear?

PRIEST: I not only swear but affirm.

NOTARY: Well, I may not know how to administer Oaths correctly, but I found my happy medium — you. You are happy and can talk to spirits. That makes you a happy medium.

PRIEST: No – I’m an angry medium because you messed up my exorcism by not doing your fricking job — idiot!!!! I have no formal record of what happened unless you follow proper procedure.

NOTARY: Take it easy man… wow this guy is uptight!

(a few days later, the NOTARY goes to the secretary of state’s office.)

NOTARY: I am here to turn myself in.

SOS: For what?

NOTARY: Wait a second, how did I get here, what am I doing here?

SOS: Excuse me?

NOTARY: My name is Gertrude. I am a spirit possessing this body. I witnessed Jack (the dull boy) doing an improper Notarization and I wish to report him, or me, well actually him, but I am temporarily in his body until we get this issue resolved. My uncle Binkelthorp died because a Notary filled out a medical power of attorney wrong and I want revenge on all bad Notaries.

SOS: So, let me get this straight. You want to report yourself for committing Notarial malpractice?

NOTARY: No, not myself. I have only been in this body for 24 hours. The regular soul’s name is Jack, and although physically he looks exactly like how I look in front of you, his soul is the rightful custodian of this body and his soul is the one who committed Notarial malpractice. Just quiz him on Oath procedure and I’ll jump out of his body while he does it.

SOS: This sounds crazy but here goes. Please administer an Oath to me for a document that says, I committed Notarial fraud.

NOTARY: Um… I don’t understand the question.

SOS: Do you not know how to administer an Oath? That is one of your powers as a state commissioned Notary Public and you will lose your license if you don’t know how to do it.. How many years have you been a Notary?

NOTARY: Duh…

SOS: Okay, I am having your commission suspended, revoked, and terminated, and contacting the priest to get a statement about how you refused a member of the public for service — which is a crime. As a Notary Public, you are required to perform any legal request for a Notary act for any member of the public who has identified themselves properly and is in front of you. Otherwise you would be a Notary Private if you select the customer or which jobs you are willing to do.

NOTARY: I can’t believe this is happening. But, I’ve been a Notary for 20 years, and therefore must know what I’m doing.

SOS: You have clearly demonstrated that you have no idea what you are doing. You must have been sleeping for 20 years. If you were a brand new Notary, I might have you attend a class, but you have demonstrated a complete lack of respect for lawfulness. Let me get the priest on the phone who you disserved.

PRIEST: Hello, priest service. Jim speaking.

SOS: Hi, this is Frank at the Secretary of State’s office. We have a Notary named Gertrude who is also Jack. One of his personalities reported him to us for Notarial malpractice on you while you were doing some sort of an exorcism. Is that correct?

PRIEST: Correct.

SOS: It looks like you might have committed malpractice on the exorcism by allowing this spirit to inhabit this poor excuse of a Notary.

PRIEST: I neither allowed it nor discouraged it. Wandering spirits like to inhabit the bodies of the weak-willed. People who don’t take care of their health, mind, spirit, or in this case, their obedience towards proper Notary procedure.

SOS: Good point. In any case, did this Notary refuse to administer an Oath to you after you had appeared before him… or her.. and produced acceptable identification?

PRIEST: He most certainly did, and he was a he when I saw him… before Gertrude entered the picture… or the body… or exited one body and came into the other body.

SOS: We could use someone like Gertrude to clean up the Notary industry.

PRIEST: Umm, I’m not so sure that is a good idea. Gertrude can be very vindictive. She is considered to be bad news.

SOS: Yes, but that means she will help us convict bad Notaries because she suffered a horrible loss due to a bad Notary two decades ago and she wants revenge.

PRIEST: Oh… well, in that case, two wrongs make a right I guess. As a man of the cloth, I will have to stay out of this. We don’t like to be involved in anything punitive or vindictive — we leave that up to the holy father — he can be very punitive at times. That’s why I carry a lightening rod wherever I go — I keep it in the trunk. You never know when you’ll need it.

SOS: I’ve heard it all now. Hey Jack… We are sending you to Notary jail, fining you $1500 and revoking your commission. What do you think about that?

NOTARY: Ummm. But, I’ve been a Notary for 20 years and never had a problem.

SOS: You had plenty of problems, but the people you were working for didn’t know the difference — that is how you got away with it so long.

PRIEST: Looks like someone needs an exorcism by the way, not that I am using this misfortune as a way to get a new client.

GERTRUDE: I’ll go on my own. I have some other Notaries to possess.

PRIEST: And by the way… Here’s my card. I also do weddings and Bar Mitzvahs.

SOS: Bar Mitzvahs??? Aren’t you a priest?

PRIEST: In my neighborhood, its the only way to keep busy… Besides, what they don’t know won’t kill them.

SOS: Hold on, let me call 411. Hey, what’s the number for the Secretary of State Rabbi Division? I think I need to report someone.

THE END

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The curse of the Notary mummy
http://blog.123notary.com/?p=19918

Donnie Wahlburg and the Notary
http://blog.123notary.com/?p=22199

Notary Psychic Tarot Card Reading
http://blog.123notary.com/?p=19126

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June 22, 2018

How do you get a Power of Attorney Document?

Filed under: Power of Attorney — Tags: , , — admin @ 12:18 am

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

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You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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April 17, 2018

How often do Notaries end up in court?

Filed under: Technical & Legal — Tags: — admin @ 10:24 am

Notaries can end up in court for a variety of reasons. If the person you notarized used a fake ID and you did not thumbprint them, you are likely to end up in court. If a borrower is suing the Lender and wants to sue all involved, you could end up in trouble. If you explain something poorly and the signer feels you are denying a legitimate request for service and they miss a deadline and experience a loss — you can end up in court.

Here are some ways to increase your likelihood of ending up in court:

1. Not keeping a journal
2. Doing hospital or elder notarizations (even if you are cautious)
3. Not taking journal thumbprints
4. Not explaining notary requirements clearly to irate customers who will lose big bucks if you refuse them service.
5. Doing a notarization for someone who happens to be in a court building at the time of notarization (sorry, bad example.)

So, bad communication and record keeping skills are the prime reason people get in legal trouble as a Notary.

One in seven full-time Notaries who we have spoken to (rough estimate) have ended up in court at least once. Having good records makes it a lot easier for judges and investigators. So, when we ask you to keep a journal, we are not doing that just to put another burden on you. It is for safety reasons — your safety and the public’s safety.

If someone copies your seal and impersonates you the notary and notarizes something, if you don’t have a journal of what you actually did in real life every day — then you will not be able to prove to a judge that you did not notarize that phony notarization and you can get in trouble or even end up in jail. So, if you don’t like jail, keep a journal. That is a far fetched worst case scenario, but you could get in bad trouble. So, keep a journal even if your state says you don’t have to because the FBI doesn’t play games and neither should you. And FBI is FEDERAL and they work in all states regardless of whether your state requires a journal.

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You might also like:

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

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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April 10, 2018

Document dates, signature dates, rescission dates and transaction dates

Filed under: Technical & Legal — Tags: , , , , — admin @ 11:21 pm

As a Notary, you will undoubtedly be confronted with a variety of dates that all need to be clearly defined in conversation so as not to confuse yourself or the other party. Let me sum these up.

Document Dates
The document date is NOT necessarily the date the document is notarized. It is merely an arbitrary date normally created by the document drafter that might reflect the date the document was drafted, supposed to be signed, supposed to be notarized, or some other arbitrary date. There is no rule for when a document date can be.

Signature Dates
The signature date of a document is the date it was signed. If you have two signers signing on different dates, you might have what 123notary calls “a double date.” There are multiple questions involved in a double date. One is how do you date the rescission document if the date you signed a document is more than one date. The other far more important question is — who pays?

Rescission Dates
The rescission date is based on a date that comes CALENDAR three days after the transaction (= signature date) not including Sundays or Federal holidays. If you have two signature dates, you might have two rescission dates, one per person. But, if there is only one rescission date, it probably is based on the last signature (complicated.)

Transaction Dates
This is more of a glossary type term or test term. The transaction date is the date when the transaction happened which is based on the date of the signature. I ask people what the synonym is for a signature date to see how much they read.

Medjool Dates
If you go to a signing for health conscious people or Saudi’s, after the signing, you might get yet another type of a date — a Medjool date. These dates are typically grown in the Middle East, but also in parts of Arizona near Yuma

Hot Dates Q&A
If you steal a document, would the date on the document be correctly defined as being a “hot date” since it was technically stolen?

Dates and Journal Entries
A good Notary does more than his/her state’s minimum requirements for journal entries. There is a field in your journal for the name and/or description of the document. A good journal also has an optional field for the document date. I suggest you pay attention and write in the document date as it helps to identify a particular document and distinguish it from a different document with the same name signed by the same person. Sometimes the document date is the only way to tell them apart.

Dates and Notary Appointments
I once went to a Notary appointment with a date. I left the date in the car and came out $30 richer. She complained that I left her in the car too long, which is good, because that date would expire at midnight.

Please also read our previous article on the same topic. Read more…

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Notary Public 101 Certificates!
http://blog.123notary.com/?p=19502

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Backdating from A to Z
http://blog.123notary.com/?p=2424

5 books every notary should own and read
http://blog.123notary.com/?p=3668

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April 9, 2018

When do I need to use a California All-Purpose Acknowledgment?

Filed under: California_Notary,Other Guest Bloggers — Tags: — admin @ 10:42 am

When do I need to use a California All-Purpose Acknowledgment?
A Notary Public in California only needs to use the notarial language found in an All Purpose Acknowledgment if the document is being filed in California.

California Civil Code Sec 1189 ( c ) allows a Notary to use the preprinted acknowledgment language from another state as long as the Notary is not required to determine or certify in which capacity the signer is signing the document. Certifications are prohibited for Notaries to perform by California law. Notaries are not required to even include the disclaimer at the top of the notarization which essentially states that the Notary Public completing the notarization is only verifying the identity of the signer and not the “truthfulness, accuracy or validity of the document”.

A document that many Notaries see and something that I see brought to my office often at A1 Live Scan Fingerprinting and Notary Services in downtown Los Angeles is Form TSP-70 which is the Thrift and Savings plan Financial Hardship In-Service Withdrawal Request form. This form has preprinted Notarial Language for Acknowledgment and has specific instructions for the Notary that reads in relevant part, “Notary:……No other acknowledgement is acceptable (see instructions)”.

When you see forms such as TSP-70 that is being sent or filed in another state or jurisdiction, use the preprinted form as long as you are not being asked to certify the capacity in which the signer is signing the document.

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You might also like

Who does what in an Acknowledgment?
http://blog.123notary.com/?p=20108

Notary Public 101’s guide to Acknowledgments & other Notary Acts
http://blog.123notary.com/?p=19500

The new acknowledgment form for transgender people
http://blog.123notary.com/?p=19658

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>

April 3, 2018

Using the correct Notarial Certificate for an Apostille:

Filed under: Other Guest Bloggers — Tags: , , — admin @ 10:17 am

At our office in Downtown Los Angeles — A1 Live Scan & Notary Services – we get to correctly renotarize many notarized documents that the SOS rejects doing an Apostille because the wrong notarial certificate was used by a Notary.

Let’s first start with what is an Apostille?
An Apostille authenticates the Notary Public as a valid and licensed Notary to a foreign government or agency. The foreign entity relies on the SOS to make sure that the document being sent to them was in fact notarized by a currently licensed notary in good standing.

Next the question is what type of Notarial Certificate do you attach to a document being taken to the SOS for an Apostille?

First and foremost, ask the singer and explain the differences between the 3 commonly used certificates – All Purpose Acknowledgment, Jurat and Copy Certification by Document Custodian.

If the signer is not sure, go over the preprinted language on the document with the signer if there is notarial wording. In most cases even if there is notarial wording, it would not comply with California Notary Laws. So then look at the existing language and if it has “affirmations”, “oaths” or “swearing as to the truth of the contents”, use a Jurat.

If the language does not have an Oath but merely says the person appeared in front of you and acknowledged signing the document, then use a California All-Purpose Acknowledgment.

The third type of Notarization for an Apostille is when a signer brings a document such as College transcripts, Degree Certificates, Passport copy, letters from third parties. These documents are already signed by the issuer and there is no notarial wording. In this case, you use a certificate called, “Copy Certification by Document Custodian” to notarize the document by the person who brings it to you even if it is not that person’s document. Hence the name “…by Document Custodian”.

Hope this clarifies the confusion surrounding certificates used for an Apostille.

You might also like:

Apostille – general information
http://blog.123notary.com/?p=21419

Index of posts about Notary acts
http://blog.123notary.com/?p=20280

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April 2, 2018

The ID Says John Smith

Filed under: Technical & Legal — Tags: — admin @ 10:56 am

Q. The name on the ID says John Smith, but the typed name in the document says John W Smith… Can you notarize the signature under these circumstances?

A. You can have him sign John Smith and notarize him as John Smith. The might not wash with the Lender but looks legal. Or, have him sign John W Smith, but put only John Smith in the Acknowledgment. That way you are ONLY certifying the name he proved to you was really his.

Other things you could do…
Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always notarize the signer based on his name on the ID regardless of the typed name on the document. The Lender might not like that, but your main job is to please the law.

For the most part, signers will have identifications that are thorough enough to use for purposes of notarization. However, it is possible that an ID will have a name that is either shorter, or that doesn’t match the name on the document. Notaries scramble the requirements for positive identification. There is the “you can have more than but not less than” rule. More than what? Less than what? This is a bad rule to learn because it gets scrambled more than not. Here are some basic principles:

1. You can always over sign (Lender principle)
This is a Lender or Title requirement, not a law. The law does not say anything about over signing in anything I have ever read. If the document says John Smith and the signer signs John W Smith, that might be okay with the Lender, but it might not be acceptable to notarize. Your job as a Notary is NOT to please Lenders, but to notarize people who you have positively identified. If the ID says John Smith then you can notarize the signer as John Smith prudently, but nothing longer than that.

2. The name on the document must be provable based on government issued photo identification.
I will not go over the particulars of an acceptable ID, and some of the particulars are state specific. As a general rule, a state issued photo ID card, driver license, passport or military ID are fine for a Notary to accept. If the ID says John William Smith and the document says John Smith, then you are fine, but if the ID name is shorter then you cannot prudently use it to identify the signer. If the ID says John Smith, but the signature on the document says John W Smith, you cannot prudently notarize that name even if the Lender says it’s okay. The Lender is not your boss, the laws of your state’s state notary division are, so obey the right entity, and stay out of jail.

3. You cannot use an AKA statement
A Signature Affidavit with AKA statement is not an acceptable primary or secondary ID. As a Notary you cannot use it to identify a signer ever. It is for the lender only.

If I ask you if it is prudent to notarize a signature that says John W Smith when the ID says John Smith, if you make me repeat myself, scramble the scenario, or quote some dumb rule that doesn’t apply in this situation such as point one in this article, you will not only get the question wrong, but get marked up for having poor communication skills. This is a yes or no question, please answer it accordingly.

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You might also like:

Notary Public 101 — Identification
http://blog.123notary.com/?p=19507

The 30 Point Course – a free loan signing course on our blog
http://blog.123notary.com/?p=14233

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March 31, 2018

The John & Sally Question Revisited

Filed under: Loan Signing 101 — admin @ 10:28 pm

This is a simple question that throws Notaries off that I like to teach. John and Sally’s names are inscribed in an Acknowledgment for a Deed that the Lender pre-filled out. Sally cannot make it to the signing because she works the night shift. What do you do?

Wrong Answer
Notarize the form as is. Commentary — unfortunately, that is illegal, because you cannot perform an Acknowledgment for someone who does not personally appear before the Notary Public.

Another Wrong Answer
Just cross out Sally’s name and proceed. Commentary — unfortunately, forms have wording in the boiler plate section with he/she/they, capacity(ies), signature(s), etc. If you do not make sure the standardized wording and cross outs are consistent with how many people are there and of what genders, you have created falsified information in a certificate which is a crime.

A Messy but Acceptable Answer
You can cross out Sally’s name, check the wording below and make sure it is consistent with single man and a single signature if indeed there is only one signature on the document (better check to verify.) However, this is messy. Fraud could be suspected after the fact. If you cross out a county, that does not affect the transaction in any way because the loan would still be legal (I’m guessing & assuming) if you signed it in another county of the same state. However, if there is a debate as to whether Sally was there or not, or someone used the initial to add a third name fraudulently, you the Notary are in trouble. By having initials on legal documents and forms, you are opening up a can of worms and will have only your journal as evidence of what actually happened.

A Clean and Correct Answer
The best way to rectify the John and Sally issue is to either drive to the hospital where Sally works and get her to sign before midnight. That is not always possible. But, the forms could be stamped after she signs.

Or, use a fresh Acknowledgment form and just put John’s name on it, and notarize John’s signature as is. Another Notary can deal with Sally and do what James Bond calls — Notarize another day.
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You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Filling in your journal before the appointment?
http://blog.123notary.com/?p=15354

The ID says John Smith.
http://blog.123notary.com/?p=19953

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