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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.

You might also like:

Find a Notary who can notarize at a Los Angeles County jail
http://blog.123notary.com/?p=21349

A typical botched jail job: fees at the door misunderstood
http://blog.123notary.com/?p=2597

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

You might also like:

Choosing a business name
http://blog.123notary.com/?p=2302

Notary Marketing 102 – The Top of your Notes Section on your Profile
http://blog.123notary.com/?p=19750

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February 7, 2025

Special Considerations for Real Estate Notarizations

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

Real estate transactions involve legally binding agreements and high-value assets, making proper notarization essential. Homeowners and business owners must know specific requirements to prevent delays, disputes, or invalid transactions. However, real estate notarization challenges can arise due to identity verification issues, document complexity, and state-specific regulations. Understanding these special considerations will help ensure a smooth and legally compliant process.

1. Verifying Signer Identity Accurately

One of the most critical aspects of real estate notarization is confirming the identity of all signers.

Acceptable Identification Forms

Notaries must verify signers using government-issued photo IDs, such as:

  • Driver’s licenses

  • Passports

  • Military IDs

  • State-issued identification cards

In cases where a signer lacks proper identification, credible witnesses may be required to confirm their identity.

Common Challenges

  • Expired or Damaged IDs: Most states do not allow expired IDs.

  • Name Discrepancies: The name on the document must match the ID exactly to avoid issues.

  • Out-of-State Signers: If a signer is from a different state, the notary must ensure their ID meets state requirements.

2. Ensuring Document Completeness

A notary’s role is not to provide legal advice but to confirm that all documents are correctly executed.

Real Estate Documents That Require Notarization

  • Deeds (Grant, Quitclaim, Warranty Deeds) – Transfer ownership between parties.

  • Mortgage Agreements and Loan Documents – Secure financing for property purchases.

  • Power of Attorney Forms – Authorize someone to act on behalf of the property owner.

Avoiding Common Errors

  • Ensure there are no blank spaces that could be fraudulently filled in later.

  • Verify that all necessary pages are present before notarizing.

  • Confirm that signers know what they are signing to avoid potential fraud claims.

3. Witness Requirements in Real Estate Notarization

Some states require additional witnesses for real estate transactions.

State-Specific Witness Rules

  • Many states require two witnesses for mortgage-related documents.

  • Witnesses must be disinterested parties, meaning they cannot be involved in the transaction.

Failing to provide the necessary witnesses can result in the document’s rejection, delaying the transaction.

4. Handling Remote and Mobile Notarizations

With real estate transactions becoming more digital, remote and mobile notarizations are increasingly common.

Remote Online Notarization (RON)

  • Allows signers to appear before a notary via a secure online platform.

  • Requires state approval and compliance with electronic notarization laws.

  • Not all states permit RON for real estate transactions, so legal verification is essential.

Mobile Notary Services

  • A mobile notary travels to the client’s location, making signings at homes, offices, or hospitals convenient.

  • Scheduling in advance ensures availability, especially for time-sensitive closings.

5. Addressing Signer Capacity and Voluntariness

Signers must be mentally competent and willing participants in the transaction.

Recognizing Signs of Duress

Notaries should be alert for indications that a signer is being pressured, including:

  • Hesitation or nervousness when signing.

  • A third party is attempting to control the process.

  • Signers appear confused or unaware of the document’s content.

If coercion is suspected, the notary must refuse to proceed.

Ensuring Mental Competence

  • Elderly or disabled signers should be able to express an understanding of the transaction.

  • If there are concerns about cognitive ability, consultation with legal or medical professionals may be necessary.

6. Overcoming Real Estate Notarization Challenges in Multi-State Transactions

Real estate deals that involve different states present unique challenges.

Notary Commission Limitations

  • A notary’s commission is valid only within their state.

  • Some states allow reciprocity agreements, permitting out-of-state notarization under specific conditions.

State-Specific Notarial Wording

  • Certain states require unique acknowledgment or jurat wording that differs from standard notarial certificates.

  • Using incorrect verbiage may result in the document’s rejection, causing delays.

Navigating Real Estate Notarization Successfully

Understanding these special considerations helps homeowners and business owners overcome real estate notarization challenges and ensure smooth transactions. Proper identification, document verification, compliance with state laws, and awareness of potential fraud risks are essential for successful real estate notarization.

For those interested in the notary profession, check out how to become a certified notary to learn about qualifications and state-specific requirements.

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January 24, 2025

Key Documents That Must Be Notarized to Be Legal

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 5:07 pm

Navigating legal processes often involves ensuring specific documents are properly notarized. Notarization provides authenticity and legitimacy, safeguarding all parties involved. Whether you’re a homeowner finalizing a major purchase or a business owner signing critical agreements, understanding the documents that require notarization is essential for avoiding potential legal hurdles. Below, we’ll explore the most common documents that must be notarized to be legally binding.

Real Estate Documents

Real estate transactions often involve significant financial and legal implications, making notarization crucial.

Deeds of Trust and Property Transfers

Notarization is required to confirm the signer’s identity and willingness to execute the agreement when transferring property ownership or securing a mortgage through a deed of trust. Without notarization, these documents might not hold up in court.

Lease Agreements (Long-Term)

Lease agreements lasting more than a year often require notarization. This ensures that both landlords and tenants are legally protected and bound by the agreed-upon terms.

Financial Documents

Financial documents often require notarization to confirm the validity of transactions.

Loan Agreements and Promissory Notes

For business owners or individuals obtaining loans, notarizing loan agreements or promissory notes validates the terms and ensures compliance with applicable laws.

Power of Attorney (POA)

A notarized POA grants legal authority to another person to act on your behalf. Notarization ensures the document’s authenticity and prevents misuse, whether for managing finances or making medical decisions.

Legal Agreements and Contracts

Certain legal documents must be notarized to ensure their enforceability.

Business Contracts

Key business contracts, such as partnership or vendor contracts, may require notarization to prevent disputes and verify all parties’ consent.

Affidavits

An affidavit is a written statement made under oath. Notarization ensures the document’s credibility and legal standing, whether in court cases or administrative matters.

Personal Documents

Personal matters often necessitate notarization to protect individuals’ rights and confirm their intentions.

Wills and Trusts

Although notarization is not mandatory in all states, notarized wills and trusts offer additional security against disputes, particularly for homeowners and business owners with valuable assets.

Marriage and Divorce Documents

Certain documents, such as prenuptial agreements or divorce settlements, often require notarization to be enforceable.

Corporate Documents

Notarization can be a legal requirement for business owners for several corporate documents.

Articles of Incorporation

When forming a business entity, articles of incorporation often require notarization before submission to state agencies.

Meeting Minutes and Resolutions

Important corporate resolutions or board meeting minutes may also require notarization to verify the decisions’ authenticity.

Why Notarization Matters

Notarization provides an added layer of protection by verifying the identity of signers and ensuring documents are executed willingly. Notaries serve as impartial witnesses, helping to deter fraud and enforce legal validity. Being aware of the documents that require notarization allows homeowners and business owners to avoid costly mistakes and legal issues.

Ensure Legal Peace of Mind

Properly notarizing key documents is critical to ensure their enforceability and authenticity. Understanding the requirements can save you time, money, and stress when handling real estate transactions, financial agreements, or personal documents. For additional guidance, learn how to notarize a document in two different states and stay informed about best practices.

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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…

You might also like:

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

All you need to know about notary work

How to complain about a notary public

Notary Fines and Penalties

Fraud and Forgery in the Notary Profession

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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