November 30, 2020

What do people like about being a mobile notary?

Filed under: General Articles — admin @ 5:59 am

There are many reasons why someone would become a mobile notary. There are also other reasons why a person might continue to be a mobile notary. Here are a few.

1. Work your own hours
Are you tired of the 9-5 hussle and hassle? Working your own hours is great. You can also do other gigs between notary jobs, or take other gigs when there normally aren’t any notary jobs. You can also work a part time or full time job and keep doing signings.

2. Drive
Some people were born to be on the road (again). If you love to drive, being a mobile notary will keep you busy. You can work on the road, eat on the road, and just remember not to sleep on the road as that might be dangerous.

3. Meet new people and then notarize them
It is like being in the armed forces. Go to foreign countries, meet new people and then kill them. Instead of killing them, you notarize them — it’s the next best thing — trust me. You will meet people from all walks of life. You will know every end of the spectrum of middle class (boring) as well. Just like a snobby British upper class lady once said, “A marriage made in middle-class — how pedantic.” And then the sarcastic New Yorker said, “She could have done worse.” So take your pick. You can also meet criminals, kidnappers, arsonists, frauds, strippers, porn actresses and more. But, for the most part you will meet very “pedestrian” middle-class Americans who are so boring that you should have a cup of Joe before the signing to ensure you don’t fall asleep. On the other hand if boring is your thing — you will meet the right demographic. On a brighter note, if you live near a fun town like Santa Monica or Hollywood, you might meet more fun people.

4. Deter fraud
It brings meaning to my life to be part of reducing the amount of fraud in this world. Fraud creates uncertainty and suffering and the angels would prefer that we keep our world clean and orderly and that is why I believe they chose me to run this directory as I try to keep things ship shape. Notaries who are thorough make it very hard for frauds to get away with anything. Using that raised seal embosser on every page of every document you notarize, checking ID’s carefully and thumb printing makes it hard to do anything suspicious.

5. Reading our blog
Some Notaries like being a notary just so they have a legitimate excuse to read our zany blog. Yes, the comedy articles on the blog make the whole nightmare of being a mobile notary all worth it in the end. Laugh your way to success.

6. Money
Believe it or not, some people make good money in this profession, or at least used to. And others make a good supplement to their income too. If you are efficient allocating your time, you can make good money at least on an hourly basis. You should see what Carmen rakes in for very quick jobs taking less than an hour from door to door.

7. Retirement
Being a mobile notary is a great way to spend your retirement. It is hard to work full-time as an elderly person, but as a notary you can work as much as you feel up to it.

8. A good job after you have been in Mortgage
If you were in Mortgage for years, being a mobile notary is a natural continuation as your knowledge will carry over to a particular extent as a notary.

9. Stamping
Some people find it theraputic to stamp things, and as a notary, that is what you do every day. It might make you feel official.

10. Reading up on legal aspects
Being a Notary means you have to read up on the legal aspect of being a Notary Public. You need to know all of the identification procedures and all of the various notary acts. There is a lot to know and many people enjoy learning the legal distinctions. And then there are others who are so afraid to commit UPL that they fail to learn Notary law themselves and end up committing crimes out of ignorance on a daily basis. You might like giving Oaths too — I swear! Hmmm.

So that concludes my little article on why you might like being a mobile notary. I hope that you all now see the positives in your career and don’t regret being in this profession.

You might also like:

Certain things you don’t learn from experience
http://blog.123notary.com/?p=22572

Is prioritizing a skill a notary should have?
http://blog.123notary.com/?p=22291

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

Comments (7)

November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

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…

November 2, 2020

Notary Verbiage & Notary Wording

Filed under: Popular on Facebook (A little),Technical & Legal — Tags: notary acts, Notary Certificate, Notary Verbiage, notary wording, Out of State Wording — admin @ 11:07 pm

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

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

Index of information about documents
http://blog.123notary.com/?p=20258

Comments (7)

October 29, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents should I NOT notarize? (better idea for a title)

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

Comments (6)

October 23, 2020

123notary Elite Certification Study Guide

Filed under: Loan Signing 101 — Tags: 123notary Elite Certification, Signing Agent Certification — admin @ 12:24 am

ELITE CERTIFICATION

To get elite certification, you need to do well on the regular certification topics, and then know a lot more. Here are the items we quiz about for elite certification. We test by phone for the elite, and if you study hard and know your basic documents, scenarios, and Notary knowledge plus the content on this page, you could pass.

Documents you have to understand intimately

Recorded Documents
Riders
Subordination Agreement
Residency Affidavit
Owners Affidavit
Deed of Reconveyance
Deed of Trust
CD & HUD-1
Please read the details of the required documents. Read more…

Procedures or Acts to Understand

Signature by X or Mark — read more…
Apostilles and Authentications — read more…

Other Terms or Information
Please click on the links below to get detailed information on the following points.

The term Elizor — read points 23 on this link. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate in court.

Explaining beneficial & financial interest. A Notary may not have beneficial interest or financial interest in anything he is notarizing. A beneficial interest could be construed as …

Federal Holidays in chronological order (memorize these). Let’s start with New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day …

Fraud Prevention & types of fraud that happen in the Notary world. Falsified identification, incorrect dates on certificates, using someone else’s Notary seal …

Authority – Who has the highest level of authority if there is a question about a notary act or document at a signing? The Notary is the authority as to how a notary transaction happens, but…

Annual Percentage Rate — a detailed understanding is required. The APR is based on the amount borrower after certain (but not all) fees and closing costs have been deducted, and expressed as a …

Pros & Cons: — Adding an Acknowledgment rather than fixing the original. if there is a mistake on a preprinted form. It is cleaner to add a new form, but there can be recording fee issues involved…

What to do if John & Sally’s names are inscribed in an Acknowledgment by the Lender and Sally can’t make it. — Cross out or add a new form? This is similar to the last point, but there are some extra snags…

Handling name variations and discrepencies such as: ID Name, vs. Typed Name, Signature on Doc, and Name on Ack. Relationship between these names if they don’t exactly match. The main thing is to obey the law first…

Understanding dates such as: Transaction Dates, Signature Dates, Rescission Dates, and Document Dates… A transaction date is the same as a signature date, but a document date is arbitrarily chosen, but by whom?

Loan Signing FAQ’s that Borrowers ask. FAQ’s have been greatly reduced by Lenders being required to explain documents to the borrowers in advance. But, you still might be asked why the APR is …

Comments (3)

February 16, 2020

2013 compilation of best blog posts

Filed under: Compilations — admin @ 9:53 am

Here are my favorite blog posts from 2013

MARKETING

Companies that will hire NEW signers!
http://blog.123notary.com/?p=7059

We should be setting the fees, not the other way around!
http://blog.123notary.com/?p=3249

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

$10,000 per month on a bad month
http://blog.123notary.com/?p=3891

10 changes to your notes that double your calls!
http://blog.123notary.com/?p=4499

123notary elite certification, what is it all about?
http://blog.123notary.com/?p=8531

STORIES

The war between men and women notaries
http://blog.123notary.com/?p=3693

Mistakes notaries make with title companies
http://blog.123notary.com/?p=4412

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

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Getting what is due, a clever plan
http://blog.123notary.com/?p=3221

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

Notary quotes of the day
http://blog.123notary.com/?p=4011

Interview with Title Course
http://blog.123notary.com/?p=6553

Notary Jokes
http://blog.123notary.com/?p=8471

TECHNICAL

Signing Agent best practices 63 points
http://blog.123notary.com/?p=4315

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

Signature name affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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

Notary Seal information from A to Z
http://blog.123notary.com/?p=8337

What tasks can I do worth $1000 per minute?
http://blog.123notary.com/?p=4113

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Why notaries don’t last
http://blog.123notary.com/?p=4087

When is it legal to notarize a document twice
http://blog.123notary.com/?p=4305

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

How to explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Why do I have to sign with our middle initial?
http://blog.123notary.com/?p=4452

What is a notary public?
http://blog.123notary.com/?p=6498

Optional information on an Acknowledgment certificate
http://blog.123notary.com/?p=4407

Industry standards in the notary business
http://blog.123notary.com/?p=4370

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Notary fines and notary penalties
http://blog.123notary.com/?p=6903

Can you notarize someone’s initials
http://blog.123notary.com/?p=8269

Who are the parties involved in a Power of Attorney?
http://blog.123notary.com/?p=6738

Does Real Estate experience help as a notary?
http://blog.123notary.com/?p=4563

Common mistakes with the 1003, Crossing out the RTC, TIL & APR
http://blog.123notary.com/?p=4553

Comments (1)

March 16, 2019

Wells Fargo Power of Attorney Form

Filed under: Power of Attorney — Tags: Banking Power of Attorney — admin @ 9:59 am

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Wells Fargo as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Wells Fargo might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Wells Fargo Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Wells Fargo Power of Attorney Form?
Once again, please contact Wells Fargo customer service.

March 6, 2019

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

Filed under: Technical & Legal — Tags: credible witnesses, Getting an ID, How to get an ID — admin @ 9:28 am

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

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

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

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

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

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

You might also like:

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

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

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

Comments (2)

February 3, 2019

Credible Witness Notary — information & resources

Filed under: Credible Witnesses — Tags: CA Notary 2 Credible Witnesses, California Credible Witness, California Credible Witness Information, California Notary Credible Witness, credible witness, credible witness notary, credible witnesses — admin @ 8:26 am

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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January 15, 2019

Notary Etiquette 104 — The initial call

Filed under: Etiquette — Tags: etiquette — admin @ 11:27 am

Return to Table of Contents for – Notary Etiquette 104

1. Introduce yourself
Introduce yourself properly by phone when you answer the initial call to hire you. “This is June of June’s Notary Service” is a lot better than, “Hullo?” High-brow clients will judge you by how you answer the phone, so answer like a professional if you want to be treated like one.

2. Answer questions the way they were asked.
If someone asks what your hours are, tell them your beginning and ending times. Don’t say “it depends” and don’t be vague. Give them a clear picture of your availability without making them ask again. If someone asks how many loans you have signed, don’t give them a summary of your professional background, just give them a quick number. If someone asks if you are still in business, don’t tell them you are eating dinner or on vacation, just tell them that you are still in business. Just answer the question.

3. No background noise
Screaming children, televisions, or people talking in the background sound unprofessional. You need to turn the TV off, go into the next room where there is no noise, and apologize if there is any noise. That is called being professional. If you are in a restaurant, there might not be much you can do, so at least let the caller know where you are and that you cannot do anything about the noise at least for the time being.

4. Don’t scramble information
Asking people to repeat endlessly is horrible. If your phone is horrible, get a new one rather than accuse the other person of breaking up. If someone asks if you can do a notarization for two signers on three documents, don’t repeat it back to them as, “Okay, three signers on how many documents?” That is called scrambling information and sounds ignorant.

5. Don’t brag
Notary Signing Agents have the desire to overprove themselves. The secret is to make a good impression by being helpful and not shoving your credentials down someone’s throat. It also makes a good impression to ask a few relevant questions about the type of signing or document. Asking a few pertinent questions looks professional. Show the world how good you are without trying. Just politely and calmly answer people’s questions and they will get the impression you are a seasoned pro and not an overanxious newbie.

6. Act calm
Acting calm and helpful is a lot better than acting anxious and overly helpful or overly unhelpful. People get put off by desperate or unfriendly behavior. Seasoned signers normally act calm. Signers that are over-seasoned are too calm because they don’t care if they get the job because they want to retire, so don’t be too nonchalant either.

7. Speak clearly and listen
There is nothing worse than a Notary who mumbles or speaks unclearly. With such Notaries you have to keep asking for clarification as to what they said. And what’s worse, when southerners say the word “bell” it sounds like “bail” and you have to ask them if they meant b.e.l.l. or b.a.i.l… Why can’t we all just be Yankees? Then, there are the Notaries who aren’t paying attention who have to ask you to repeat half of what you say. They are very unpleasant to work with, so please listen carefully when talking to clients.

8. Confirmation calls
During the confirmation call, it is practical to ask the borrower to prepare for the signing by having a clean dining room table, have animals out of reach, children taken care of, and no noise. Make sure all parties will be there early, have identification, and have any documents or checks going back to the lender or title. It is better if the borrower leaves their outside light on so the Notary can find the house more easily.

9. Answering machines
Your answering machine should not have unprofessional sounding music. I cannot say what unprofessional music sounds like. Some people have Vivaldi that is just too loud while others have hip hop music. Just be sensitive to how this music would sound to a hiring party and use your judgment.

10. Grammar
Do you use bad grammar? It don’t matter. Well, actually it does. People judge you in all sorts of ways, so try to use proper grammar as that is part of etiquette.