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December 11, 2014

Notarized Warranty Deed

Filed under: (4) Documents — Tags: , , — admin @ 3:22 am

Where to get a Notarized Warranty Deed
Where to get a Notarized Warrantee Deed

I have never been good at spelling, but I was a very prudent notary public in my day. Have your Attorney instruct you on how to draft your Warranty Deed. When the document is complete, call a mobile notary from 123notary to help you notarize this Warranty Deed or find a notary office somewhere in your area that you can visit during business hours. You will need the signer to have current government issued photo-ID.

If you are getting an Acknowledged signature, you can sign the document before you personally appear before the notary public.

Good luck getting your Warranty Deed notarized.

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They claim they never signed the deed
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Good Deed Bad Deed
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Index of information about notarized documents
http://blog.123notary.com/?p=20258

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March 4, 2014

Choosing a name for your business license

Many Notaries get business licenses. They choose names for their companies. Often they want to use their property management company’s name on their notary advertisement. I think it is a bad idea. A good Notary business name should have the word “notary” or “signings” in it or at least sound attractive to somebody searching for a Notary Public.

Types of Notary business names to think about

“Polly The Notary”, would be a good business name. It makes it clear who you are and what you do. We have a handful of Notaries on our site who use similar sounding business names such as Ellen The Notary.

“Joseph’s Notary & Apostille”, is good because it lists two of your services and who you are. Apostille service is less common, so it makes it easier to identify that you provide this rare service.

“Sepulveda Signings”, let’s people know that you do notarizations or loan signings (probably) and ties you into a particular geographical location that makes you unique.

“Cranston & Cranston”, is not as good because you sound like an Attorney’s office, and NOT a notary service.

“JP Management”, might be good if you are in the Real Estate business, but not an effective name for a notary service.

“Accurate Signings” is attractive, but other companies already took this name. Some people feel it is good to use an attribute in the name of your company, while others feel that companies that use attributes in their name don’t always deliver the highest quality of service. This is a judgement call on your part!

Think from the perspective of your clients
The name you put on your business license that you get at your county clerk’s office is up to you, but think from the perspective of prospective clients! Choose a name that is pleasant and easy for them to keep in their busy and distracted heads! Registering a business name only takes a few hours, and costs less than $200 in most cases. It involves standing in line in the county clerk’s office, filling out a few forms, paying for a newspaper advertisement to display your new business name. It is not hard. You only have to register your notary service once. Good luck!

Is your name unique enough?
Another factor in choosing your business name is sounding unique and not being confused with one of those other Notary companies that is behind due paying their bills. The fastest way to ruin your reputation is to pick a business name that sounds similar to someone else’s. So, do lots of queries on Google to see what other people are doing before you pick your name.

They change their business name every month!
Ironically, we have a handful of Notaries on 123notary who change their business name on our site every month. One month it is JC Notary, the next it is JC Notary & Apostille, then the “&” becomes an “And,” and it keeps changing. The only thing that crosses my mind is — what is the name on your official business license, and do you even have a business license?

.

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Registering a business license
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Operating without a business license & getting put out of business by the state!
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February 24, 2014

A social media site for Notaries — Affiant

For centuries, notaries have been complaining that they were bored, and had trouble meeting friends. They frequently said that they had no friends because there was nowhere to meet people. Then, during the 60’s, there were the be ins, and the love ins and the sign ins. During that decade, the notary public community didn’t complain as much because they were too high to know the difference. But, then in the 10’s (I’m the first person to call this decade the 10’s), notaries once again felt very lonely. If only there were a solution. If only there were a social media site for notaries. Of course the real reason notaries are lonely is because they complain all the time and nobody wants to hang around with them as a result. The second reason nobody hangs around with notaries, is that most notaries don’t answer their phone (at least when we call). But, one guy came up with the solution!

Affiant — a social media site for notaries

Meet new friends on Affiant. Affiant is so good, you will SWEAR BY IT. Members on this site are called Affiants. You can not be a member unless you love the site so much that you swear by it. After all, one who is sworn in to do an Oath, be definition is an Affiant!

Notaries around the country, and even in foreign countries flocked to this new and fascinating site. There were forums, events, lectures, guest speakers and more that all coordinated on Affiant.

How do you become a member of Affiant? The sign-up procedure is easy. You need to be sworn in with a notarized Oath. The Oath verbiage reads:

“I solemnly swear that I swear by Affiant. I think Affiant is so wonderful and great, that it is the best thing that ever happened to the notary — besides 123notary — and nobody paid me to mention the 123notary part either!”

Join Affiant today!

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Includes Apps for the new iPhone 7
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Disney Notary World, and a lot more
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How Notary work is similar to online dating
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Yes, it’s the Notary dating show
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Tweets:
(1) For centuries, notaries have been complaining that they are bored & have trouble meeting friends.
(2) During the 60’s there were the be ins, love ins and sign ins (for hippy notaries)
(3) Notaries complain they’re bored & have trouble making friends
Now there’s “Affiant,” a social media site 4notaries!
(4) Meet new friends on Affiant – a social media site for notaries. Affiant is so good, you’ll SWEAR BY IT.

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November 11, 2013

Affidavits — What do you need to know?

BLOG: Affidavits

What is an Affidavit?
An Affidavit is generally a document that has an accompanying Sworn Oath. The person who swears under Oath is the Affiant or Deponent. The person giving the Oath could be a Notary Public, Justice of the Peace, Court Recorder, Commissioner of Oaths, Judge, or other type of official who has the authorization and capacity to give Sworn Oaths.

What types of Affidavits are there?
There are many types of Affidavits. Many are for business. There are various types of Affidavits used in loan signings such as Signature Affidavits, and Occupancy Affidavits. A Financial Status Affidavit is also common in loan signings. For people who want to be able to come to the United States, sometimes it is necessary for a relative or loved one to sign an Affidavit of Support. Many people who lost their passports and can’t find their Birth Certificates sign and swear to an Affidavit of Citizenship.

There are many other types of Affidavits as well!
Jurats commonly have an attestation clause at the end certifying the fact that the affiant made an Oath and the date and signatures.

Other common types of Affidavits:
Affidavit of Heirship, Affidavit of Residence, Affidavit of Name Change, Affidavit of Service, Financial Affidavit, Affidavfit of Domicile, Affidavit of Death, ID Theft Affidavit.

What types of wording can you use in an Affidavit?
You can word an Affidavit any way you like, but if it is to be used as a legal document, please consult an Attorney. Additionally, please do not ask a notary public to draft documents, because many states have restrictions as to what a notary public is allowed to do, especially if it borders on what Attorneys typically do.

How do I get an Affidavit notarized?
Please find a notary on 123notary.com! We have 7000 mobile notaries throughout the nation waiting to help you. Just visit our find a notary page in the navigation bar above!

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http://blog.123notary.com/?p=20258

Notarizing a Name Affidavit
http://blog.123notary.com/?p=4711

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October 21, 2013

Can you notarize someone’s initials?

Can you notarize someone’s initials?

It is fun to read all of the various notary questions that people have. But, a notary may only legally notarize a signature of a living person who appears before the notary public.

However, it is common for signers to be required (not required by the notary, but required by the document custodian or lender or other entity) to initial all of the pages of a Deed of Trust, Power of Attorney or perhaps a Note. There are other documents that are often initialed as well. It is never a legal requirement to initial a document, but it might be a business requirement for certain financial or business entities just to make sure that pages are not swapped after the notarization.

Initialing pages of a longer document is more of a “best practice” to deter fraud. It is harder to swap a page if there is an initial on it. However, Title companies are known to forge the initials of a signer just to save time — if the signer forgot to. Imagine that documents went to a borrower’s house, and the borrower signed the documents, and had them Fedexed back to the lender. If the borrower forgot an initial, it is a huge pain to bring those documents back. It is easier to commit forgery of an initial even though that is a serious crime!

Getting back to the main point of this article, no, a notary cannot notarize someone’s initials.

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October 20, 2013

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

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

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

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

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October 19, 2013

Notarized Document Expired Identification

Filed under: Identification For Being Notarized — admin @ 8:18 am

Using expired identification cards

As a notary public, you will be bombarded with various types of identification — some will be current, some expired, some foreign, and some forged.

Expired ID? Check the issue date!
Some states allow an ID to be used for a particular number of years after the issue date. Many identification cards will document the issue date somewhere on the ID even if they don’t say what that date is. You can kind of guess what that date represents because it is not their birth date or expiration date. Using expired identification cards might be legal in particular states. California and Tennessee allow a notary to use an ID within five years of its origination date / date of issue.

Check your state’s notary handbook to find out the current laws in your state regarding what types of identification are legitimate in your state! Using expired ID cards just might be okay just as long as they are not “too old”.

If you cannot get identification that is acceptable in your state, many states allow the use of credible witnesses that can swear to the identity of the signer. Those witnesses are normally friends, relatives, hall mates, or neighbors of the signer.

You might also like:

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Credible Witnesses – the ins and outs
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Notary Public 101 – Identification
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September 21, 2013

$10,000 per month on a bad month

I just got off the phone with a notary who is doing really well who advertises on our site. Business has been better for most notaries recently, but not as good as for this husband and wife team. I will not mention their names or locations to protect their identity.

I talked to them about their renewal. Since our prices can go up or down for a particular position at any point in time, some notaries complain about their new price. If the price goes up, they argue and try to reason with me about how it was less last year. If the price goes down, then they think I was cheating them last year. Either way they get upset and criticize me.

This husband and wife team had a different approach. He said something to the tune of — You doubled my rate, but that is okay! Your site is amazing. We get almost all of our business from your site. I don’t know how you do it. We are making more than $10,000 a month in our notary business.

I was flabbergasted. I had heard the story of the new notary company making $35,000 per month which was an amazing story. But, now another notary making six digits. Unbelievable! So, my faith is renewed in a mobile notary public’s ability to make the type of living that makes other people drool.

Please take this blog entry as an opportunity to take a leap in faith that YOU can make six digits in your notary business. Yes, you have to do everything right, but you can do a bang up job, right?

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August 29, 2013

Don’t Do These Things: CA Notaries Who Have Done Wrong

Becoming a notary in California means taking on an awesome responsibility. And, like most awesome responsibilities, this one comes with lots of very strict rules that must be followed exactly. No, really — exactly. There is no wiggle room when it comes to being a notary public in California.

You would think that, with all of that responsibility and all of those extremely strict rules, every California notary would be very closely supervised. Nope! In fact, it is largely the opposite.

As a California notary public, you work almost completely independently of any state-sanctioned watcher type person. It’s understandable, given all that freedom, how someone who is a notary in California might be tempted to let some of the rules slide. Without someone watching your every move, it’s easy to say, “Oh, I’ll take care of that later,” or “Meh, good enough.”

Do not give in to this temptation! If you don’t see to every single detail and follow every letter of the law, you could wind up in huge and terrifying trouble.

For instance:

If you fail to properly identify one of the signers of the contract you are notarizing, you could face a civil conviction and have to pay a fine of up to $10,000. That is not a cumulative $10,000 over the course of your California notary career. That’s up to $10,000 for every time in which you, acting as a notary public in California, fail to identify a signatory to the satisfaction of the rules set forth by the Secretary of State. Yikes!

Let’s say that someone comes in and says they are working on an Intelius removal and need you to notarize some papers verifying the request to have the information removed from the system. The person wants the notary stamp to prove the time and date on which that person submitted their completed forms.

Your California notary public stamp tells a court (should the matter go that far) that you are vouching for the person, that he or she has met every legal requirement he or she needed to meet, and that they performed the deeds they say they did.

Let’s say you had to notarize three signed forms. You charge the person $45 for the service.

Whoops!

It turns out that, as a notary in California, you’re only allowed to charge people up to $10 per signature. You have overcharged the person by $15. Fifteen dollars doesn’t seem like that big a deal, right? You can just refund the over-payment, right?

Maybe. But if the person complains or brings suit against you for overcharging them for the duties you performed as a notary public in California, you’re going to be in trouble. The Secretary of State can suspend your California notary public commission for as long as six months, and you can be fined up to $750 — for every instance in which you overcharged that person!

Becoming a California notary is a huge responsibility, and these fines are steep and really scary. This is why, as part of the process of becoming a notary in California, you have to pay for “insurance.” This usually means paying for a California Notary Public Surety Bond. You can buy these bonds in a variety of increments. It depends on how much coverage you need. If you are sure that you can abide by every detail and follow every law involved with having your own California notary commission, you can go with a smaller bond.

The fact is that being a notary public in California makes you a very important person, and that means you have to take your important responsibilities seriously. Besides, can you really afford to have a criminal record and fines totaling thousands of dollars because you overcharged someone by a few bucks? It’s better to follow all of those annoying rules, don’t you think?

Erin Steiner was an Oregon notary public for one term. She now writes about everything from small business to pop culture topics all over the web.

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Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

13 ways to get sued as a notary
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Notaries who fail the California notary exam
http://blog.123notary.com/?p=21433

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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her notary seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public.

You might also like:

California notaries who have done wrong
http://blog.123notary.com/?p=7043

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

Can a notary get in trouble?
http://blog.123notary.com/?p=21429

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