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May 2, 2020

Can you ask a borrower if they have been out of the country?

Is it legal, ethical, or advisable to ask borrowers if they have been to a highly infected area recently such as Italy, Iran, China, South Korea, etc? Someone asked me this today. The answer is that you might get lenders mad at you.

The rate of infection in these countries is measured in infections per million and they are generally between 50 and 200 cases per million. So, being in these countries presents a very minuscule risk to the notary.

On the other hand, if a borrower exhibits Covid 19 type symptoms such as a dry cough, trouble breathing, etc., then you might be advised to stay away. I cannot advise on this as much of the transmission of Covid 19 happens with people who exhibit no symptoms.

Disinfecting the signing table, pens, cell phones, etc., makes a lot of sense. Having the signers wash hands thoroughly immediately before the signing is also a good idea. If they were a mask, that would be the icing on the cake.

I don’t know what you can ask or should ask without upsetting lenders and title companies. So, it might make sense to ask them.

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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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March 11, 2020

Nice comments about 123notary on our blog

Filed under: General Stories — admin @ 8:17 am

Comments that were nice about 123notary

Mayra
I personally really like 123 notary. The contacts I get from here tend to offer more reasonable pay than on Snapdocs. Plus it’s just nice to get contacted via phone call instead of an automated message sent out to dozens of people.

Bethany
The wealth of knowledge I have received from 123 Notary’s blog is worth it’s weight in gold! The standards make 123 Notary a cut above the rest. Venting notaries is something every company should do.

Brenda
I would love to know what you think about this name:
Around the clock mobile Notary

Jeremy’s comment
The name has a nice ring (even though it is not an alarm clock). It would be ironic if your answering machine said, “Around the clock mobile notary, sorry we’re closed.” It is a good name. You get my approval.

Charlton
Jeremy, I’d like to get in on the free training mentioned in this blog. I looked for a means to do that the other day but wasn’t successful. Can someone send me a quick note on hos to get that going?

I find 123Notary is indeed well regarded. It was one of the top two groups recommended to me by a mortgage broker operating with multiple lenders US wide while he was in California, Nevada, Oregon and Ohio.

Jeffrey

As always your blog provided me with tons of good nuggets! Thank you for sharing and caring about the business!

Deborah Planet

I think of Jeremy as a businessman that cares!
I appreciate 123 notary

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December 26, 2019

Scheduling and Rescheduling

We all schedule appointments, but how good are we at it? Things have changed since I was a Notary, but the basics are fundamentally the same. Here are some issues to consider when scheduling.

1. The risk of cancellation
Most Notaries keep information on their clients. A good business knows as much about its clients as possible. If you are a hotel, you should know who wants a newspaper, who likes a single room, who has breakfast and when, and especially who is a trouble maker. That can help the hotel to make decisions about how to conduct its business. If a Notary has clear notes on cancellation rates of clients, who pays late, and who lies about how many pages are involved, that can help you make decisions.

Overbooking or booking solid might not be a good idea if you have reliable clients. But, when I was in business there was a 25% cancellation rate, and that cancellation is when you squeeze in that burger. On the other hand, if you book too solidly and then you hit traffic, your entire night will be set back and you will get complained about.

If you have high paying clients that you don’t want to lose, allow more cushion time before and after appointments. But, for cheap jobs you have to focus on volume and cramming them in makes more sense. But, that is up to you, and if you goof, you might lose clients.

2. Rescheduling techniques
If you reschedule an appointment for a future date, try to avoid scheduling it at a time when you will have conflicting job requests that haven’t come in yet. Remember — you don’t know who will want you to do what or when. But, you can calculate based on what is normal, regular, or likely based on past data of job requests. So, if you are normally busy week nights around 7pm, do your rescheduling earlier or later than that or on the weekend. Remember, that rescheduled jobs sometimes don’t even pay you even if they agree to. If you need to go back to a job for a mistake other than your own, since it is so hard to get paid traditionally for those revisits, it might make sense to get paypal-ed before you set out if you can.

3. Waiting for a call from the LO, Lender or Signing company
Sometimes you can’t reschedule until you get the go ahead. In that case, wait until you get the magic call, and then decide. But, don’t let these guys bully you around. Once again, when you sell your time, you have prime time, shoulder hours and off hours. The type of time you give them should depend on what they are paying you. Don’t sell the filet minon for the price of chuck otherwise you are a chump!

4. Confirming
Don’t forget to call the hiring party, and the signers to confirm the appointment. Make sure that names on the ID match the names on the document, and that the date, time, place, where to park, if they have a table, and that the dollar amounts match up. Most signers don’t do a thorough job confirming, so have a check list of everything you need to ask or could ask that makes sense.

You might also like:

Notary Public 101’s guide to confirming the signing
http://blog.123notary.com/?p=19976

Discounts for early booking? Hotels do this, why shouldn’t you?
http://blog.123notary.com/?p=19072

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 23, 2019

Knee high weeds

Filed under: General Stories — admin @ 11:45 pm

I wrote another blog article recently about going into bad houses or neighborhoods for a loan signing. Sometimes you might feel that you are at risk. One Notary got bitten on the sleeve by a pit bull. That is a felony and nothing to joke about. If you can’t control your dogs, then don’t have them.

But, what if the house has knee high grass and weeds in front of it? That is a sign of dysfunction. Should you go into the house and risk it? Should you take a peek at the inner condition? Or should you just call the Lender and ask everyone to meet you for a frapuccino at the Coffee leaf?

Neglect is a bad sign and should be taken seriously.

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

You might also like:

Index of best comedy posts from 2015
http://blog.123notary.com/?p=20295

The Mayan rescission calendar
http://blog.123notary.com/?p=15096

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October 9, 2019

Maximum Notary fee $5, but the signing pays $200?

Filed under: Notary Fees & Pricing — admin @ 11:23 pm

Each state has a maximum notary fee per notary act or procedure. Some charge by the signature, Florida charges by the stamp if I’m not incorrect (better look that one up.)

But, if you are allowed $5 per signature, the signing has four signatures, but pays $200, then what? Are you breaking the law? Or are you being paid for mobile fees and supervising fees? The truth is that you are being paid for a bunch of responsibilities within your service:

Printing documents
Confirming an appointment
Supervising the signature and initialing of documents
Answering simple questions (perhaps)
Not answering questions you are not supposed to (unless you are a know-it-all who is looking for trouble)
Notarizing
Waiting while people read or have long conversations by phone with the Lender.
Getting the documents safely back where they belong
Availability for after service.

All of those combined definitely merit at least $125, don’t you think?

So, how do you document this in your journal? $5 per notary act. Two people x two notary acts per person is four lines in your journal each stating $5 for the notary fee. And then in the additional info section for the first notary act of the set, put down you got $180 travel / supervising fee for a loan signing. Then it is all documented just in case the IRS has any questions. Notary fees are not subject to self-employment tax but travel and supervising fees are. Look it up in the SE instructions.

But, what if you live in California and the Notary fee is $15, you have ten signatures, but the job only pays $100. You could charge $150 plus travel for that signing, but your Lender or signing company isn’t paying that. Just put whatever you want for the notary fee between zero and $15 per notarized signature in your journal. And do a reasonable estimate for what the travel and supervising fees should be — just estimate and try to be proportionate.

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

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October 4, 2019

Is it practicing law to explain a notary act?

Filed under: Technical & Legal — admin @ 11:19 pm

Many Notaries think they are practicing law by explaining a notary act. Notaries are not allowed to choose a notary act on behalf of a client, but can they explain the requirements?

As a Notary, you have to have a signer sign in your physical presence for a Jurat, but not for an Acknowledgment (except in a few underpopulated states). So, are you practicing UPL or engaged in the unauthorized practice of law by explaining that distinction to a client?

For an Acknowledgment you do not have to sign in front of the Notary, although many lenders require the signer to do so. Is it UPL to explain that too?

Is it UPL to word an Oath for a client for their Affidavit? You kind of have to do that otherwise you cannot administer an Oath or Affirmation.

The fact is that your state authorizes you to do Notary work and perhaps even tests you on it. You are authorized do do all aspects of Notary work by law. You are not authorized to explain Mortgage documents but notary procedures are NOT Mortgage documents although they might be done to Mortgage documents.

How do you deal with this quandary?

You might also like:

Unauthorized practice of law in the notary industry
http://blog.123notary.com/?p=21317

30 Point Course – what to explain and what not to
http://blog.123notary.com/?p=14440

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October 1, 2019

Getting paid – a comprehensive timeline

Filed under: Marketing Articles — admin @ 11:17 pm

Many Notaries have a problem getting paid. It’s not you — it’s the industry. But, by using good principles, you can avoid most of the drama. Here are some guidelines to help you through every step of the process.

BEFORE THE SIGNING
When you get that call from a particular company, you need to either have records on each company out there, or be able to look them up. That means you either need online records on a cloud, or accessible from your iPhone, or have a cheat sheet in your glove compartment with up to date records on all signing companies. You need to keep track of:

1. How many jobs have they given you
2. Payment record — average # of days to pay
3. How much outstanding
4. Are they pleasant to work for
5. Cancellation rate.
6. What is their track record on the forums and 123notary’s list of signing companies.

If company cancels too much, you should up their rate or make them pay a cancellation fee or nonrefundable deposit up front, otherwise you will be left holding the bag (and the freshly printed documents.) If a company owes you more than a few hundred, you should deny service until they pay up. If a company has no track record with you, please consider asking them to pay up front via Paypal. If you are a newer signing agent and desperate to get experience, you should be more flexible and take more risks so you get experience. People who use 123notary reward Notaries for having a lot of experience.

You can check new companies on your iPhone while on the road to see how they do on the various forums and 123notary’s list of signing companies with reviews. If a company has a bad track record of payment, you should charge up front or you will likely get stiffed. Some of these companies have no remorse.

CONFIRMING THE SIGNING
Confirming the signing using our tips in the real life scenarios section of Notary Public 101 will not help you get paid, but will help you reduce the amount of signings that end in mid-air. If the signer doesn’t have ID with matching names, or if the other signers aren’t going to be there, or if they don’t have that cashier’s check they need — you are better off not going to their house as it will be a waste of time. Signings that end in “no signs” often do not get paid, so by avoiding this type of scenario, you will have less unpaid jobs as a total percentage.

AT THE SIGNING — MISTAKES
Most Notaries brag about how they have a 99.9% accuracy rate. The truth is that most Notaries make mistakes from time to time, and sometimes FedEx or the Lender screws up too resulting in a second trip. In my experience it is very hard to get paid for a second trip. Companies will often offer to pay, and then not pay you. So, triple checking your work and getting packages to FedEx fast will help reduce your rate of non-paying jobs and also help you from getting fired as much.

AFTER THE SIGNING — FAX
After you are done with your signing, fax a bill and include all pertinent information such as the borrower’s name, property address, loan number, and whatever else the signing or title company wants. Send a bill every week by fax or email or whatever medium your company wants. Also, keep records of every signing company you work for, and all of the jobs they assigned to you. When they pay you, you can indicate the date when they paid you to the right of the job description, borrower name, property address on your records. Your records can be paper or online. It is very fast to do this by paper by the way and less chance of data loss unless you keep the paper in your car.

EVERY MONTH — RECORDS
Every month or so, update your records that you keep in your car. Keep records on each signing company. Track how many jobs they gave you, how fast they pay, what they still owe you, how much you like them. You can assign them a grade too. You can have a customized pricing strategy for each company depending on their track record. You can give lower prices for companies you like. I would base prices on estimated time spent and NOT a fixed price. You could have a — near, medium and far price, or a price that is more intricate depending on number of pages, number of signers, distance, time of day, etc. That is up to you. But, having an intricate pricing strategy will make your life a little more complicated, but will weed out the more difficult companies, or at least make them pay for grief they cause you. Otherwise, those companies will think they can get away with causing Notaries endless headaches. You could keep two sets of these records and update them monthly. One at home and one in the car. If someone offers you a job, don’t quote a price until you look at your records and see if they are on the “A” list.

30 DAYS
If a company is past 30 days, time to consider sending them a demand letter. Or you could wait until the 45 day mark depending on how tough you are. We have a demand letter (from hell) template on our resources page. People have had consistently excellent luck with it, and it was given to us by our very most seasoned Notaries on the site.

45-60 DAYS
If anyone gets to this point, definitely send them a demand letter, but consider hiring an Attorney to write a letter threatening them. There are Attorneys who will write a letter for about $30 using their legal assistants. If a company owe you $300 or more, it might be worth it to write a letter. You can also charge for damages which include your time lost and legal fees.

CONTRACTS
We wrote another article on contracts. Signing companies have contracts to protect their interests. Their contract defends what is convenient and good for the signing company but not what is good for the Notary. You can have your own contract too and make people sign it if they want your services. If you are inexperienced, many companies might not sign it. But, if they need you and you have experience, they just might. You can state terms about partial signings, no shows, cancelled jobs, printing fees, resigns, and whatever else you want. Try to be reasonable in your terms if you expect anyone to sign it and continue using your services.

CREDIT
Try to determine before hand how much credit to offer to particular companies. This needs to be customized. Companies with a bad track record should not get any credit and must pay up front. Companies that have been solid towards you for years might get $400. But, don’t offer more than that because good companies turn bad all the time the minute they run into credit problems. Each company you work for should have a credit rating with you and an individual amount of credit you will offer them. When they offer you a job, see how much they are in debt to you already before saying yes, otherwise — it’s Paypal — or no job!

Trouble getting paid?
http://blog.123notary.com/?p=15339

Tips for getting paid
http://blog.123notary.com/?p=19794

Scary results when someone uses our demand letter from hell
http://blog.123notary.com/?p=2006

Template for our famous demand letter
http://www.123notary.com/howto-get-paid-signing-agent.htm

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