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November 2, 2010

Jail Notary Jobs from A to Z

Have you ever done a jail notary?

Have you ever visited a Jail? Would you be afraid to go to one?
In reality, a jail is a very place place to visit. There are guards everywhere, and the bad guys are behind bars. Notaries make a pretty penny notarizing at jails, in fact some make so much it should be criminal to charge that much! You can charge a lot higher travel fee going to a jail because its a lot more trouble than a regular signing, and few notaries are willing to go. There is also more to know. Jail signings are usually the result of physical or online yellow page advertising, not directories that cater to loan signings ( such as ours ).

Who hires you to do a jail signing?
If you are called to do a Jail signing, it is never the inmate who calls you, but their girlfriend, family member, or attorney. The inmates don’t want to blow their (1) phone call calling a notary – and I don’t blame them. You need to arrange a time and meeting point near the jail where you are sure to be able to spot each other – at the same place at the same time. Its easy to get lost at a jail.

Idenfication for jail-birds
When you get the call, ask them if they have identification for the signer, and if they do, then have them read it to you – including the expiration date, before you book an appointment. If they don’t have ID, don’t use the jail bracelet wristband, thats not acceptable by notary standards. You might be able to use credible witnesses if you can get two of them who have ID that is current – if credible witnesses are allowed in your state. If you can’t get identification, you might be able to do a Jurat which doesn’t require identification in most states. However, California now requires ID for Jurats as well. Unfortunately, most documents such as a power of attorney or grant deed are normally done with an acknowlegment, not a jurat. But, you can attach a Jurat form and hope for the best. A recorded document might not be accepted for recording if its not done with the proper wording, but you never know.

Where do you meet your client for a jail signing?
You have to arrange to meet a stranger at the jail at a certain time. Jails are large confusing places, so it might be better to meet at a well marked street corner. If you meet in a jail, you might not know which part of the jail to meet. Waiting room? Hall to the waiting room? Front dest? Out side the bront door? IN the parking lot? Its easy for two people to be at opposite ends of the same facility or get lost. Make sure the person meeting you has a cell phone and make sure you confirm with them, otherwise you might be making a trip for nothing. Jail notaries are not for the elite of society and blowing off a notary would not ruffle the conscience of most of your potential clients for this type of job.

Logistics at the jail.
Once you are actually at the jail, you meet the client, and then fill out forms with the guards to be granted permission to enter. Make sure you know what cell the inmate is in and that they haven’t been moved. Be prepared to wait – jails have a very different sense of time from the way a busy notaries sees time. Follow the instructions for where to go, and then find a guard to bring the inmate to you once you are there. You will have to pass your journal and forms through slits with help of the guard.

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Find a Notary who can notarize at a Los Angeles County jail
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A typical botched jail job: fees at the door misunderstood
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Putting hospitals & jails in your notes section on your profile
http://blog.123notary.com/?p=19266

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July 24, 2010

Everything you need to know about advertising

Advertising for mobile notaries.

As a mobile notary, its hard to know what the best way to market your business is. There are so many ways to advertise, many of which are very expensive. So, how do you make sense of this mess? To make it simple, lets divide advertising into several types. Notary directories, yellow pages, and direct marketing.

Notary directories are the best way to market a mobile notary business in 2010. There is not as much work as there was a few years ago, but the work that does exist, is generally assigned from mobile notary directories. 123notary.com, notaryrotary, notarycafe, and signingagent.com are the four most popular notary directories in 2010. It makes sense to get listed on these first, and then consider getting a free listing on a few of the many other notary directories that are out there.

Just being on a notary directory is not enough. You have to have an attractive profile, and good placement. A notary profile with several contact methods, a great notes section, and lots of information on it is ideal. Additionally, notary listings that are certified by the website that is providing the advertising will get significantly more business from their listing than those who are not. Certification requires a certain amount of studying. NNA’s certification is good for two years, while 123notary’s is good for the life of your listing with us. Being listed in multiple county pages is another way to get your listing good exposure. Placement is a big issue at 123notary.com. There is a waiting list for notaries who want to be higher on their local county’s search results. The higher the notary is listed, the more visits to their listing (clicks) and jobs they get. So, it pays to be high on the totem pole, certified, and have a thorough and nicely written notes section.

Yellow pages are another way to market your business. Yellow pages are hit and miss, particularly miss, however, many notaries who have figured out which yellow pages are good, get good business from that source. Start off with free listings, or small ads in several yellow pages, and then see what happens. Online yellow pages will try to sell you expensive banner ads and profiles. Just get a free listing to start out with and track your calls. Many notaries will pay bundles for an ad and not even get one call for it. Yellow page ads will get you more hospital, jail, immigration oriented, last minute travel documents, and office signings, while directories are mostly for loan signings at someone’s home.

Direct marketing is popular among the more agressive notaries. Knocking on doors of attorneys, bailbondsmen, realtors, convelescent homes, neighbors, and local businesses can sometimes turn into some good business. Cold calling nationwide signing companies and local title companies can also turn into some business. Some notaries hang around at jails and airports making themselves available for last minute emergencies and handing out cards to passers by. The most effective direct marketing technique is to give everyone you work for a business card. Make sure you have a nice business card stating you are a mobile notary. Give cards to the others in the office wherever you go. Friends and co-workers of clients will quickly become your loyal client, since they have seen your face and know you are reliable based on the work you did for their co-worker — even if its only based on one visit. This is called warm-market marketing and its powerful. If people know you from even one exposure, they are ten times as likely to use you since they will feel comfortable with you, especially if you introduced yourself to them and gave them a card. Passing out cards at convelescent homes is a proven winner. The patients are immobile and their families will need them to sign powers of attorneys and grant deeds. They can’t make it to a notary office, and will desperately need a mobile notary.

Need more help with marketing?
Try our marketing combo by visiting http://www.123notary.com/loansign.html
Or ask the experts at info@123notary.com

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January 26, 2024

Data Security Essentials for Modern Notaries

Filed under: Comprehensive Guides — Tags: — Tom Wilkins @ 12:00 am

In the modern age, where data breaches and cyber threats are increasingly common, notaries must be vigilant about data security. Understanding how notaries protect sensitive information is key for homeowners and business owners. This article delves into essential data security practices for notaries, ensuring that your confidential documents and personal information remain secure in the digital realm.

The Importance of Data Security for Notaries

Notaries play a pivotal role in the authentication of important documents. From property deeds to business contracts, notaries ensure the integrity and legality of these documents. However, with this responsibility comes the need to safeguard sensitive information against unauthorized access or cyber threats. In an era where digital transactions are becoming the norm, the importance of robust data security for notaries cannot be overstated.

Key Strategies for Ensuring Data Security

1. Secure Digital Storage and Encryption

One of the primary defenses against data breaches is secure digital storage. Notaries must utilize encrypted digital vaults to store sensitive documents. Encryption transforms the data into a code, preventing unauthorized users from accessing it. This ensures that the data remains unreadable to intruders even if a breach occurs.

2. Regular Software Updates and Patch Management

Cyber threats are ever-evolving, and so should the defense mechanisms. Regularly updating software and applying patches is crucial. These updates often include fixes for security vulnerabilities that hackers might exploit.

3. Strong Password Policies and Two-Factor Authentication

Implementing strong password policies is a must. Passwords should be complex and changed regularly. Additionally, using two-factor authentication adds an extra layer of security, requiring a second verification form before access is granted.

4. Employee Training and Awareness

Human error can often be a weak link in data security. Training sessions for employees about the latest phishing scams and cyber threats are essential. Awareness can be a powerful tool in preventing accidental breaches.

5. Regular Audits and Compliance Checks

Regular audits of data security practices help in identifying any potential vulnerabilities. Compliance with local and international data protection regulations ensures that notaries are current with the latest legal requirements.

The Impact of Data Security on Client Trust

Choosing a notary prioritizing data security is crucial for homeowners and business owners. This ensures the safety of your personal information and builds trust. Knowing that your notary uses cutting-edge security measures gives peace of mind and enhances the overall experience.

Securing Sensitive Information in the Digital Age

Data security for notaries involves a comprehensive approach, including secure digital storage, regular software updates, strong password policies, employee training, and regular compliance checks. These practices are not just about protecting data; they are about maintaining trust and integrity in a digital world. As we continue to embrace digital transactions, the role of notaries in safeguarding sensitive information becomes even more paramount.

Homeowners and business owners must stay informed and ensure they work with notaries who prioritize data security. Speaking of staying informed, don’t forget to explore the best ways to find new Notary customers as you advance in your notarial practice. Stay secure, stay informed.

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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…

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Notary Fines and Penalties

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Fraud and Forgery in the Notary Profession

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Notary Public General Information

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October 16, 2017

Notary Public 101 — POA, DOR, Dates, X

Return to the table of contents for Notary Public 101.

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ADDITIONAL TOPICS

These are really more loan signing topics, but I will include them in this basic Notary course since these are Notarized documents.

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POWER OF ATTORNEY

Notaries need to know the terms for the people involved in a Power of Attorney signing. The principal is the main person who signs the document who is the Grantor. This is the person who gives power of attorney to someone else to do tasks for him/her while he/she is incapacitated or out of the country. The Grantee is the same person as the Attorney in Fact or otherwise known as Agent. It is important to know these words and yes, we do test on them. However, at loan signings, people will do what is called a Power of Attorney signing. This happens when there is a completed Power of Attorney document and the Attorney in Fact will sign a loan on behalf of the principal. In these signings, they get rejected half the time for technicalities, so pay attention.

There are various ways for an Attorney in Fact to sign in their capacity.

John Smith as Attorney in Fact for Mary Smith
Mary Smith by John Smith, her Attorney in Fact.
John Smith POA for Mary Smith

There are more variations, but those are some common ones. The key thing to understand her is that:

The Lender decides the verbiage when you do a POA loan signing. The Notary might know the “correct” verbiage. However, legal information sites cite at least eight ways an AIF could sign in a POA signing that are all not BAD. The signing will be rejected if you do not sign exactly how the lender wants it. So, if there are no written instructions, ask the Lender.

How can I get a Power of Attorney Notarized?

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DEED OF RECONVEYANCE

The Deed of Reconveyance (DOR, not DOA by the way) is often signed by the Trustee and often has the term Trustee inscribed in the signature area instead of someone’s actual name which is very confusing and leads to trouble on a regular basis. Many Notaries have the borrower sign where it says trustee. Usually the trustee is a Lender, or might be the borrower in one of his capacities. If you are not sure who the Trustee is, then ask before you have someone sign there. It is safer to leave this form unsigned than guessing, otherwise you might cause a delay to the Lender and get fired. So, if you are not sure what to do, don’t have anyone sign where it says Trustee.

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DOCUMENT DATES

In the Notary world there are four types of dates. Transaction dates, rescission dates, document dates, and signature dates. The day you sign is the signature date and generally the transaction date. The rescission date is the last day to rescind. But, the document date is arbitrary and is created by the document drafter. It is normally either the day the document was drafted, the date it is intended to be signed, or an arbitrary date. There is no rule for what that date can be.

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SIGNATURE by X

If a signer is partially incapacitated and cannot sign their full name, many states will allow a Signature by X procedure. The procedure can vary state by state, but the way I was trained is as follows. The principal signs an X on the document and in your journal. There should be TWO SUBSCRIBING WITNESSES who witness the person sign. Witness #1 signs the person’s first name to the left of the X and witness #2 signs the person’s middle and last name to the right of the X. Do the same in the journal. Add a note to the document to let the readers and custodian know what happened as they might not be familiar with this procedure. Keep the phone numbers and ID info of the witnesses in your journal just in case.

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October 10, 2017

Notary Public 101 — Basic Notary Vocabulary

Return to the table of contents of Notary Public 101.

BASIC NOTARY TERMS
We will hold you responsible for these. You might also like our complete glossary of Notarial terms.

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Affiant
An Affiant is a person who will swear under Oath and is commonly used to refer to someone who is signing an Affidavit. A Defiant is a person who swears under a tunnel when he loses the AM reception of a basketball game he bet on.

Affix
When you attach something to another thing that is considered affixing. But, in the Notary profession when you stamp something with your seal that is also called Affixing. If you forget to stamp a document you notarized and title finds out, you will really be in affix (a third usage of the word.) When you attach someone with another person, that’s called fixing up.

Agent
Someone who has received special powers from a Power of Attorney signing is called an Agent or Attorney in Fact and also referred in the document as a Grantee. Someone who’s received special powers to go fight crime is called a superhero.

Apostille
An Apostille is a Notary procedure or act that involves both the Notary and the Secretary of State where the Secretary of State officially verifies that the Notary used in a transaction is indeed a real and current Notary in good standing. This procedure is used when sending certain documents outside the country and Authentications are also used to send to other particular counties. If you’re a real and current notary who gave up your seat on the subway for an elderly person, you’re good, standing, in good standing.

Attorney in Fact
The person who receives Power of Attorney is called an Attorney in Fact or Agent. When this person signs on behalf of the principal they sign: John Smith, as Attorney in Fact for Sharon Smith. There are other versions for how to sign as an Attorney in Fact. The person who receives power of X-Ray Vision is called Clark Kent.

Borrower
The borrower is mistakenly referred to as a “client” or “customer” by newer Notaries. The borrower of a cup of sugar is mistakenly called “neighborly.” The signing company regards the title company as their customer while the signer of the loan is called the borrower in oral language. Please also distinguish between a loan signing notary who supervises the signer and is not himself a signer although many Notaries refer to themselves as signers as a professional designation. The Notary Signing Agent is a signing facilitator, not an actual signing in real terms. The borrower can also be referred to as a Mortgagor who borrows from the Mortgagee (the Lender).

Certificate
A Notary Certificate could be a loose piece of paper attached to a Notarized document. (An unattached loose piece of a** would rather be called promiscuous.) A Jurat could be on a loose certificate where the Affiant writes a statement that they will swear to and sign in the presence of the Notary. Not all Notary acts use a certificate such as purely verbal acts such as Oaths and Affirmations and in some states Witnessing. Please understand that although a Jurat uses an Oath as part of the act, that an Oath by itself does not use a certificate. Some also swear that Donald Trump is a true copy of The Annoying Orange.

Copy Certification by Document Custodian
Some states allow for document copy certifications to be an official Notary Act. Some states only allow for a certified copy of a Power of Attorney. However, the Copy Certification by Document Custodian is an unofficial copy certificate and a glorified Jurat with special additional verbiage where the document custodian swears to the fact that the copy is a true copy of the original document.

Grantee
A Grantee is a term used to refer to someone who has been given something such as Power of Attorney agent privileges. The actual Power of Attorney document uses this term to describe the future Attorney in Fact or Agent.

Grantor
A Grantor is a term used to describe someone who has given Power of Attorney privileges by naming an individual as Attorney in Fact or Agent in a Power of Attorney document. A take it for granted-er is a term used to describe someone who knows his wife will throw his dirty laundry in the hamper.

Principal
The main signer of a document could be refered to as a principal. This is the Grantor in a Power of Attorney signing although the two terms are not synonomous. A Principal is also a term used in a Proof of Execution signing and is the person who signs the document. Another proof of execution: Kim Sung Un’s uncle’s tombstone.

Subscribing Witness
A witness who watches someone sign is called a subscribing witness. A witness who watches somebody else’s Netflix is called a non-subscribing witness. The Signature by X procedure uses a subscribing witness who is also commonly referred to as a credible witness meaning a witness who can be trusted. Proofs of Execution use a subscribing witness as well to appear before the Notary Public on behalf of the principal who is the person who signed the document. The Signature by Ex procedure is commonly referred to as divorce papers.

Venue
The venue is the part of the Notary certificate generally near the top that is used to state the state and county. All states have a venue somewhere in the top third of the certificate for all Notary acts that use a certificate such as Acknowledgments, Jurats, Proofs of Execution, etc. A venue is also the place where the notarization takes place. If you change the venue, does that mean you get up from your chair and go to a different address or does it mean you cross out and initial the venue in the Acknowledgment form. I’ll leave that to your imagination. The venue in my brain that conjured up that question is now closed.

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December 1, 2015

Notary Image

Filed under: Ken Edelstein,Popular on Facebook (A little) — admin @ 11:55 am

Notary Image
You can be sure I will not be discussing the “selfie” of you and your client; and, it does not matter a hoot whose idea it was. Rather, I will (attempt) to explore the components of notary image. Some are readily apparent. They are on the “checksheet” of “notary appearance” and ask if your shoes are shined and if it’s clean under your fingernails. Oddly, they never include the manicure?

But, I will grant that part of your image is certainly your appearance. Routine Business Casual seems to be the baseline, with a suit being the usual top tier. I have yet been asked to wear a Tuxedo to a signing. Perhaps that’s next. At the other extreme: I freely admit to going to some appointments truly slovenly. Usually, I have been working on my 1974 Honda CB360 motorcycle when the call comes in. My grandpa had an expression worth sharing. “Truth is the greatest labor saving device; and I’m basically lazy”. Putting that wisdom into practice, when I am “a mess” I TELL the caller exactly what and why. Some jobs are rush, the person must leave soon. When that is the type of call they get choices. I can leave immediately on my Honda and go to you, but dogs will howl and babies will cry when they see me. Or, I can add half an hour to my arrival time and have a decent appearance. Or, you can call someone else on http://123notary.com

The QUALITY of the work you do bears greatly on your image. When you stamp do you hit a part of an area you intended to avoid? How about spending some practice time with your stamp? Have you mastered the art of checking your work, or do your eyes glide over the error because you are scanning rapidly? Do you decline the absurd requests to arrive at a long past time. Don’t laugh; I’ve actually had some schedulers insisting that the scheduled appointment time remain in the past! Is personal best your routine effort? Have you recently reread your governing laws? Do you challenge yourself with semi-impossible situations to devise a practical and legal solution? Perhaps the worst possible situation is considering yourself incapable of improvement.

Let’s move past looking good and doing good. Few seem to discuss how to discuss. O I know, the components of documents are definitions. But, it’s how you speak that plays a large part in the image you present. You are not expected to be a world class orator. You do need a bit of debating skill; and not be an annoying interrupter. Your spoken vocabulary immediately gives the impression of being educated or not. Inept communications often start with “I mean, like, the way it is, is like….” Uggh! Your clients listen to you, and most listen carefully. Do you listen carefully? If you are not positive of what is being asked, do you ask for clarification? You are not The Grand Imperial Notary; so don’t talk “at” or “to” your client; talk “with” them. Converse.

I have been in tense, almost hostile situations. You can diffuse the animosity by being sincere. Being you is the most important part of your image, and it should not be “forced” but allowed to flow naturally. Make the point that you genuinely want to help with your words and actions. And, also, that you are constrained by notary law in what you are permitted to do. You are in the wrong profession if you don’t like working with people, all people. Most of all be yourself. It takes but a few moments to thank, handshake, and wish them success in their endeavor.

An image is a complex thing. Sure, the old saw about first impressions is somewhat true. But, when they see that you are capable and dedicated; their image of you soars. Concentrate on the lasting impression that you leave by your words and skillful deeds.

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June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

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March 27, 2015

Notary Etiquette from Atheist to Zombie

AKA: How to be polite when you’re in Affix!

Atheist etiquette
If you are notarizing an Atheist and he/she sneezes, don’t say God bless you.

Don’t sell people’s signatures
If you are notarizing a celebrity — Don’t rip out the portion of your journal with their autograph on it and sell it on ebay. That is considered to be bad manners in certain circles and is also a violation of notary law! Don’t sell your roommate’s notary seal on ebay either.

Don’t second guess family relations.
If you notarize who you think is the guy’s mother, but the woman is the guy’s wife, keep it to yourself. I once asked a guy, if I was going to notarize his mother, then he said, “That’s my wife.” — awkward… Oh, and don’t ask people if they are lesbian lovers even if you are asked to notarized an affidavit of domicile. Let them volunteer that information if they care to do so.

Guns & Religion
If you bring a gun to a signing, don’t talk about other loaded subjects like religion. On the other hand, if you go to a signing in a church, circumvent the issue of circumcision. If the phone rings during a Church signing, if it ain’t Jesus, don’t answer it.

If you are doing a signing for a hunter, should you bring up guns?
It’s worth a shot!

Tips for Notarizing Assassins
Avoid asking an assassin any direct questions such as, “What do you do?” Rather, ask more roundabout open ended questions, such as, “Have you done anything interesting recently with your career?” After all, if their deeds were done in some African country, they can speak freely in the United States about it with no fear of an awkward moment at a party.
If you make a mistake notarizing an assassin, don’t say, “SHOOT!”
If you are doing a signing for an assassin, make sure you include their middle name in the document.
I once asked an assassin, what is the difference between a murder and an assassination — where do you draw the line?

Loud televisions
Instead of bluntly asking someone to turn the TV down, you can say, “It’s very hard to hear you — did you say you liked your rate, or that you were having trouble staying awake?”
If you are mumbling under your breath, “What an idiot” in the context of asking someone to turn their TV down: make sure you say that with a safe margin of error before they actually turn the TV down.
If an elderly relative is watching a loud television. Politely let them know that you don’t want to let them know that you don’t want to become as deaf as they evidently are.

Notary Notes Sections
Rather than write the regular stuff in your notes section, you could write, “I will never insult the borrower, and I have a policy against parking in people’s lawns.”

Going to the bathroom in an outhouse
Notaries should never make a signer feel uncomfortable about having an outhouse. You should gracefully address the issue, but only if you actually are forced by natural causes to use that infrastructure. “I just loved the quarter moon in your outhouse, how quaint.”
“I just loved the latest issue of Outhouse & Gardens that I read while I was doing my business.”

Signings with beautiful women
If they ask you to do a Deed, it will be far more disappointing than doing “The Deed.”

Tips for Notarizing Zombies
It is considered bad manners for the notary to participate in the chanting, especially after they bring out the dead chicken, unless given express permission, otherwise it might cancel out the curse. Never tell a zombie that they look deathly ill — rather, tell them that they look deathly well. If you are having a zombie swear to the authenticity of a curse, it might be wiser to have the swear to a written version of the curse verbiage rather than to have them do a completely sworn Oath (otherwise you might become cursed or start hearing voices.) If asked to notarize a zombie’s death certificate, rather than claiming that it is against notary law to do so, ask them, “Which one?”

Popular Zombie Documents
It is common to have a formal Affidavit of transfer of Custodianship of Soul. This is where the zombie officially grants Power of Attorney to the “Bokor” or sorceror to have full control over their soul and body (or what’s left of it.) Please be advised that many zombies only have half a soul.

If a zombie commits perjury, it is punishable by life in prison. But, it is not stipulated which soul will inhabit the body during the sentence.

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You might also like:

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

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February 15, 2015

30 Point Test Course Book: Synopsis

30 Points in Your Favor!
The 30 point course book is yet another certification course offered by 123notary.com. But, this one is different. Our original certification course was a very dryly written quick course designed to teach notaries basic competency in loan signing. Our Elite course was written in late 2012 and was designed to teach very sophisticated aspects of doing business as a mobile notary such as communication, marketing, hiring others, and the finer aspects of notary and signing agent work. This new 30 point course will have some elements from both of these previously written courses, but will focus only on the technical aspects of notary and signing agent work of all levels ranging from basic to very advanced. Also, be sure to read about the new loan document which goes over facts and figures about the loan called, “The Loan Estimate” which is similar in information to the TIL & HUD-1.

Required additional reading

Best blog articles for advanced Notaries – http://blog.123notary.com/?p=14736
Mobile Offices from A to Z – http://blog.123notary.com/?p=535
Signing Agent Best Practices – http://blog.123notary.com/?p=4315
The Prepayment Penalty – http://blog.123notary.com/?p=4429
The Loan Estimate (New) – http://blog.123notary.com/?p=15437

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Table of Contents

(1) Deed of Trust – http://blog.123notary.com/?p=14245
(2) The Note – http://blog.123notary.com/?p=14270
(3-4) Right to Cancel & Closing Disclosure — http://blog.123notary.com/?p=14291
(5-7) HUD, Occupancy Affidavit, Grant & Quitclaim Deeds – http://blog.123notary.com/?p=14546
(8-9) 1003 Loan Application, Compliance Agreement – http://blog.123notary.com/?p=14335
(10) The Signature Affidavit – http://blog.123notary.com/?p=14356
(11) Following Directions – http://blog.123notary.com/?p=14379
(12) Cross-Outs http://blog.123notary.com/?p=14406
(13) When to Call the Lender (and when not to) http://blog.123notary.com/?p=14421
(14) Explain or don’t explain http://blog.123notary.com/?p=14440
(15) The Prepayment Penalty http://blog.123notary.com/?p=14447
(16) Initialing http://blog.123notary.com/?p=14463
(17) The APR http://blog.123notary.com/?p=14483
(18-24) Technical Points for Notaries http://blog.123notary.com/?p=14492
(25-27) Identification, Wrong Venues, Fraud http://blog.123notary.com/?p=14514
(28-30) Beneficial Interest, Negligence, E&O http://blog.123notary.com/?p=14532
30 Point Final QUIZ http://blog.123notary.com/?p=14557

Page Titles

Each post about the 30 point course will have a story and several points which could make the titles appear a bit long.
Titles might look like this:
Point (13) The Automatic Payment Disclosure; Story: Marcy’s Babysitter

Use this link to see all published posts in a string in reverse order:
http://blog.123notary.com/?tag=30-point-course

How is it different from the Elite course?
The Elite certification course was designed to get its students an upper arm in the notary business. It was designed to help them be a pro at negotiation, growing their business, and handling difficult strategic situations. The overall aim of the course was to help them make more money, grow their business, and gain attention from having the Yellow Elite Certification Icon next to their name on the search results. Notaries who passed are far more intelligent, sophisticated, and get a lot more work than their competitors in high spots on 123notary who lack the Elite designation. Based on my personal experience, I would vouch for the fact that a 123notary Elite signer has quadruple the signing agent knowledge as an uncertified signer. Although they don’t know everything, the depth and breadth of their knowledge is quite noticeable if you talk shop with them for more than a few minutes.

This 30 point course is only designed to teach notaries how to deal with technical situations like a pro, but not designed to help them get rich (although more knowledge never hurts). If you do well on the 30 point test, you can consider taking our Elite course. It will be easy for you if you got a high score on the 30 point test.

Summary of the 30 point course
The 30 point course will cover a wide range of notary and signing agent technical topics including following directions, best practices, understanding what information is where in the documents and more. Additionally, we added some entertaining stories to help make the text more enjoyable for the reader. There will be many stories which are designed to drive certain technical facts home in a pleasant and absorbing way.

Please Note
Not all of the questions covered in the 30 point test are taught in this course. Please rely on your personal experience as a notary to answer test questions not addressed in this course.

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You might also like:

What’s the difference between 16 clicks a month and 100 on 123notary?
http://blog.123notary.com/?p=13185

From 3 jobs a week to 3 jobs a day!
http://blog.123notary.com/?p=3940

A detailed look at the Ninja course
http://blog.123notary.com/?p=4621

Interview with a Title company
http://blog.123notary.com/?p=3724

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