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October 17, 2020

13 ways to get sued as a Notary

Filed under: Notary Mistakes,Popular on Facebook (top),Popular on Linked In,Popular on Twitter,Popular Overall,Technical & Legal — Tags: , — admin @ 3:59 am

Originally posted in 2017

Many people become Notaries to make a few extra bucks and don’t realize there are liabilities in this profession. Here are some ways you can get into trouble as a Notary.

1. You name your business a particular name, advertise with that name, but the name is not registered with your county clerk. Someone could sue you for using their business name.

2. You notarize loans in an Attorney state and the local bar association sues you. This has happened to a few Notaries in Massachusetts, and in Georgia the bar association antagonizes Notaries from time to time.

3. You make a mistake on a signing and your E&O doesn’t cover you. E&O is for NOTARY MISTAKES and not for business mistakes you make with loan signing. If a document is not notarized, your E&O will not cover your mistake. For example if you sign the note wrong, that is not a Notary mistake, that is a document signing mistake.

4. You return documents back late and the Lender sues you because the borrower lost their lock.

5. You make a comment to the borrower about their loan, they cancel, and then the Lender blames you and sues.

6. You decline to Notarize someone whose name on the ID does not match or prove the name on the document. One Notary did exacty this and got sued and lost because her communication skills were so bad, but judge could not understand her side of the story.

7. You get in a car accident on the way to a signing and get sued as a result of the accident.

8. You make a mistake in a loan signing and then don’t answer your phone or email for days after. The Lender is pulling his hair out and sues you for his bill with Bosley hair transplants.

9. You don’t follow directions on an assignment. You don’t show the documents in the order the client asked you to. As a result, the client changes their mind about signing the document that will get the client their commission. The client loses $5000 because of you, sues you, and wins.

10. You forget to administer an Oath and your state fines you for malpractice. In California there is a $750 fine for each Oath you forget. Fining and suing are different, but the end is the same — you lose. Or should I say, I swear you will lose!

11. You give legal advice or something that can be construed, misconstrued as legal advice. Then, you get sued for UPL. If you give legal advice to a courier company you could get sued for UPL by UPS.

12. You put the wrong date on the Right to Cancel, the borrower thinks they have an additional day, and find out after the fact that they don’t. Good luck. You would be surprised how many Notaries do not know how to date a Right to Cancel.

13. You misrepresent yourself as an immigration expert and defraud some poor and helpless immigrants. Or you advertise as a Notario. You will be cracked down upon by many state governments for this.

.

You might also like:

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

A Notary gets sued because of a scrambled ID
http://blog.123notary.com/?p=19443

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Help, I’m being sued and E&O won’t help!
http://blog.123notary.com/?p=3570

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

Find Notary Services Near Me
http://blog.123notary.com/?tag=notary-services-near-me

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October 12, 2020

Certain things you don’t learn from experience

Filed under: General Articles,Popular on Facebook (some) — admin @ 10:53 pm

Notaries who have a lot of experience seem to forget that you can keep doing the same thing wrong for twenty years and nobody will correct you. People with thirty years of experience often know less than beginners. But, how is this so?

1. Document knowledge
If you want to know more about documents, you can read loan signing courses. You can also read the actual documents. Be aware that many documents have document variations and one document name could have multiple meanings. Therefore you need to be aware of all of the potential meanings and assume the possibility that the document might be completely different from what it normally means as well. Many Notaries go through their careers never reading documents yet claiming “familiarity with the docs.” If you don’t read them then you are only familiar with the names of the documents and not the actual content of the documents.

2. Handling situations
As a signing agent, there are many tricky situations you can get into. Experience might help you to figure out how not to botch certain situations, but might not teach you how to handle less obvious situations. Our course Notary Public 101 goes over twenty common situations where Notaries can get into trouble. No Notary on our site does a thorough job confirming the signing without reading our course. I suggest reading up on handling situations.

3. Notary knowledge
You cannot know the rules of notarizing or know how to explain specific notary acts unless you read about it. You might have performed 50,000 notarizations, but if you performed them wrong, then the experience is worth nothing, or might be counterproductive. Reading up on notary procedure and law might be a good idea. After all, you are handling legal documents.

4. Marketing
Many Notaries go through their career doing the minimum in marketing. You might make a lot more money if you took marketing a lot more seriously. We have many blog articles on the topic.

5. Thinking about danger
What if you are in a house and the borrower goes psycho. That doesn’t happen often. There are techniques for handling danger. Some Notaries sit closest to the door, or at a particular angle from the door so they can see who is coming in. Other Notaries can spot a house with health hazards a mile away and redirect the signing to Starbucks. I’m not sure if there are any good guides to dealing with notary danger, but you can surely try to think of all the possibilities before you go out on a job. Otherwise you have to improvise at the last minute like a comedian doing improv at the Improv!

You might also like:

Real life scenarios at loan signings
http://blog.123notary.com/?p=19681

The five year rule of notary experience
http://blog.123notary.com/?p=21089

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March 17, 2020

Most popular posts as of 2019

Filed under: Compilations — admin @ 11:53 am

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=697

Can a notary perform a wedding or marriage?
http://blog.123notary.com/?p=1891

Penalties for notary misdeeds & misconduct!
http://blog.123notary.com/?p=2067

Names for Notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

What does it mean to be Fidelity Approved?
http://blog.123notary.com/?p=20049

Do I notarize every page of a document?
http://blog.123notary.com/?p=2280

Can a notary notarize a birth certificate?
http://blog.123notary.com/?p=2300

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

Where can I find a Spanish speaking notary?
http://blog.123notary.com/?p=18824

Notary Verbiage & Notary Wording
http://blog.123notary.com/?p=18854

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can a notary notarize a Will or Living Will?
http://blog.123notary.com/?p=7088

Can a notary sign an out of state Quit Claim Deed?
http://blog.123notary.com/?p=2182

Can a notary be a witness?
http://blog.123notary.com/?p=1273

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Websites from some of our best Notaries!
http://blog.123notary.com/?p=14677

Can a Virginia Notary notarize in DC or Maryland?
http://blog.123notary.com/?p=18782

Notary Public 101 from 123notary!
http://blog.123notary.com/?p=19493

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

Affidavit of Citizenship
http://blog.123notary.com/?p=18847

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February 7, 2020

Marketing Article Resources

Filed under: Marketing Articles — admin @ 11:01 pm

Here are some of our better marketing related articles that have been
published. Many of these got buried in the list, so this is my way of
reviving them.

Index of best posts about Notary Marketing
http://blog.123notary.com/?p=20284

Compilation of posts about Notary Business Names
http://blog.123notary.com/?p=21760

Five things a notary can do worth $1000 per minute
http://blog.123notary.com/?p=20521

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

10 rules for negotiating notary fees
http://blog.123notary.com/?p=19620

Getting paid, a comprehensive timeline
http://blog.123notary.com/?p=22643

He took Jeremy’s advice and got new title companies
http://blog.123notary.com/?p=22277

A lot of information he knew but forgot about says on 123notary client
http://blog.123notary.com/?p=22225

Your number of loans signed just went down?
http://blog.123notary.com/?p=21236

Do you invest in your notary business?
http://blog.123notary.com/?p=22129

Why you should consider getting 123notary elite certified
http://blog.123notary.com/?p=20094

Does knowledge matter any more as a signing agent?
http://blog.123notary.com/?p=19887

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February 1, 2020

Notary Advertising Resources

Filed under: Advertising — admin @ 10:51 pm

Here are some articles about Notary Advertising that might be
considered resource materials or at least useful materials.

.
LISTINGS

.
How does pricing work for top placements on 123notary?
http://blog.123notary.com/?p=19355

What is a high placed listing on 123notary worth?
http://blog.123notary.com/?p=16720

What makes a preferential listing do well on 123notary?
http://blog.123notary.com/?p=22110

To do well with a high placed listing you need 6000 loans signed
http://blog.123notary.com/?p=22112

Which analytics get more clicks and why? A change in the 123notary
analytics system.
http://blog.123notary.com/?p=22114

.
DIRECTORIES

.
Which Notary directories get the high paying signings?
http://blog.123notary.com/?p=19201

A tour of Notary Cafe reveals that business is slow based on job stats
http://blog.123notary.com/?p=21222

Who is involved with 123notary behind the scenes?
http://blog.123notary.com/?p=18888

The history of 123notary.com
http://blog.123notary.com/?p=17458

A string of posts about Snapdocs
http://blog.123notary.com/?s=snapdocs

Testimonials about 123notary
http://blog.123notary.com/?p=700

.
ADVERTISING RESOURCES

.
Do you compare yourself to others on the 123notary search results?
http://blog.123notary.com/?p=18882

Beginner Notary 103 – advertising on 123notary
http://blog.123notary.com/?p=21127

Title companies use the top three on 123notary
http://blog.123notary.com/?p=21282

Names for notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

High placed listings. Which get more clicks and why?
http://blog.123notary.com/?p=22116

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December 26, 2019

Scheduling and Rescheduling

Filed under: Best Practices — Tags: , , , , — admin @ 11:11 pm

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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November 13, 2019

How can I find a Cantonese speaking notary public?

Filed under: Public Interest — Tags: , — admin @ 5:45 am

Where can I find a Cantonese speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time. Where can I find Roger Smith, he is a notary in Louisiana? He notarized a document for me a year ago, and now I can’t find him. I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state. I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question. I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get. The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard.

Where can I find a Cantonese speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Cantonese Speaking notaries, however, they are all spread out. You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site. You can do a search by zip code and then use the language filter on the upper right side of the page. Try inputting the term Cantonese, and then try Chinese as a second search. See what happens. I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well.

If you can’t find a Cantonese speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary. You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Cantonese Chinese speaking notaries, but they might not advertise much as their business might come from word of mouth or 朋友推薦朋

It is common for Cantonese speaking people who function mainly in Cantonese 廣東話 to pick service providers who also speak their language. However, this might not be a good idea. If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice! 祝你好運

You might also like:

How to find a bilingual notary public
http://blog.123notary.com/?p=2520

Notarizing your foreign language document
http://blog.123notary.com/?p=2768

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November 5, 2019

How do I find a Hindi speaking Notary?

Filed under: Public Interest — Tags: — admin @ 8:38 pm

Where can I find a Notary who speaks Hindi?
Look no further. 123notary.com has many Hindi speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Hindi speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Hindi box and find only Hindi speaking Notary service providers.

How good is their Hindi language proficiency?
On 123notary.com, we have many Notaries who speak Hindi. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from Hindi speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your Hindi speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary Hindi — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Hindi?
Notaries may Notarize a document that is in Hindi, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Hindi?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Hindi language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Hindi and the Notary knows Hindi, you can conduct your Oath in Hindi.

How can I get a Hindi language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Hindi to assist you in this matter. Just visit our Advanced Search page and look up a Hindi Speaking Notary by zip code!

You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Apostille general information
http://blog.123notary.com/?p=21419

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October 26, 2019

How to find a Russian Speaking Notary

Filed under: Public Interest — admin @ 11:47 pm

Where can I find a Notary who speaks Russian?
Look no further. 123notary.com has many Russian speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Russian speaking Notaries in almost all states and metros! Additionally, we have a search filter directly above the search results where you can check the Russian box and find only Russian speaking Notary service providers.

How good is their Russian language proficiency?
On 123notary.com, we have many Notaries who speak Russian. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from Russian speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your Russian speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary Russian — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Russian?
Notaries may Notarize a document that is in Russian, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Russian?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Russian language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Russian and the Notary knows Russian, you can conduct your Oath in Russian.

How can I get a Russian language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Russian to assist you in this matter. Just visit our Advanced Search page and look up a Russian Speaking Notary by zip code!

You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Apostille general information
http://blog.123notary.com/?p=21419

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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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