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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Filed under: Affidavits,SEO,Technical & Legal — Tags: , , , — admin @ 9:05 am

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

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You might also like:

2016 version – Affidavit of Support
http://blog.123notary.com/?p=17528

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

Modern Family – An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?p=10989

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April 8, 2011

Notarizing a kidnapper

Filed under: Drama & Tragedy — Tags: , , , , , — admin @ 6:50 am

Notarizing a potential kidnapper

I had no evidence either way, I was just doing my job.  It was a dark night in Rosemead, CA, when I had just finished notarizing a grant deed for some old customers of mine when the phone rang. It was a company that I enjoyed working for that I hadn’t heard from for a while. They had a notarization for me in the neighboring city of Monterey Park. That is usually a safe place to be at night. What they didn’t tell me was that the client was a suspected kidnapper. I guess the company company who dispatched this job to me doesn’t include “Are you a kidnapper” on the list of questions they ask clients. I tried to call the location before I went there, but the phone number was incorrect. It was close, so I wasn’t too concerned. It was only ten minutes away, and practically on my way home. When I got to the venue, it was a run down motel with only six units. I was to go to unit #5. I knocked on the door, and a very nervous and agitated man in his 30’s answered the door. He seemed very bony, like he hadn’t eaten in weeks. His eyes were wild and deep set, and he was very frenetic. As I looked around the smoke filled room I noticed that there were seven people in the two room suite which included a kitchenette. Two elderly ladies were in a bed. I asked him who he needed to have notarized. He said he needed a power of attorney from his mom. His mother only had a thirty year old Mexican passport. Nobody else in the room had ID to be a credible witness except for the man I was working with who was the beneficiary. I told him that I couldn’t legally notarize his mother under those circumstances. Then, he pleaded with me and offered me lots of cash which he had laying on the table next to his overflowing ashtray, half empty beer bottles, and packs of cigarettes. Then he told me about the family feud he was in and how he was accused of kidnapping his mother. At that point, I started getting nervous. I told him that he should consult a lawyer. He said he was running out of cash and couldn’t afford to see a lawyer. They seemed like they were on the run. I told him I couldn’t legally help him. He continued to plead looking very desperate and distraught. Finally I had to apologize and leave.

This was one of the spookiest notary calls I have ever gone out on.  I just wonder what their real situation was, and if they were really running for the law.  There is no way to know. You can’t question someone in that condition or they might lose their cool. I guess they were probably illegal judging from the lack of proper identification. Thank god nothing happened.

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You might also like:

Compilation of Mafia related posts about the Notary profession
http://blog.123notary.com/?p=20352

Psych Episode about a Notary. Did the body die from food poisoning or was it murder?
http://blog.123notary.com/?p=19397

Flashpoint – Notary job for a hostage with a multi-million dollar contract
http://blog.123notary.com/?p=18798

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February 19, 2011

The lady and the handwritten will

Filed under: Carmen Towles — Tags: , , , — admin @ 10:35 am

I got a call to go to a neighbors home. She said we just live a few blocks from you. She stated, my mother needs to sign a Will. She is not well so we will need to get this done ASAP. I tell her I understand. I ask her, does your mother have current ID and is she mentally coherent? She tells me yes on all counts. I tell her great, but I caution her that although we as California notaries are not prohibited from notarizing a Will. We need to make you aware that without proper wording (which only an attorney would know or an line service like Legal Zoom could prepare) you could ultimately do your family members more harm and dis-service than good. Bottom line — a judge could throw it out if the words are not up to snuff. She says that it was reviewed by an attorney and she said the he had given it the okay! I said, ‘ok, well great’. I then ask her, when, where and what time would you like me there? We set it for the following day.

I arrived at our scheduled time and good god the house is an utter mess, and the smell of impending death was clinging in the air. It was horrible. But, they needed me and it is after all what we do. I followed the daughter to the kitchen area where the mother (our signer) was seated. She was alert and coherent. I was offered a seat and sat down. That’s where the problems began.

I ask for her ID and the daughter hands it to me and you guessed it — it is expired. I tell the mother we have a little problem I need current ID. The daughter speaks up and says “oh, I thought it was current” I’m thinking “Yeah right, sure you did”, I ask the mother did she have any other government ID such as a passport, etc.? She says no. So, now I tell them that we can use 2 credible witness but they cannot be a party to the transaction or stand to gain any financial interest in this particular transaction . So the daughter gets on the phone and begins calling. I ask to see the document (the Will) and the daughter hands it to me. And I cant believe what I am looking at! It is a handwritten Will on a single yellow sheet of legal paper written or (I should say scrawled) with different colored inks and cross outs. It was a MESS! A hot mess!

I looked at the daughter in bewilderment and I am at this point a little cross to say the least. I ask her did she remember our conversation the previous day? She said yes, and I go on to re-cap our conversation. She tells me that she is sorry but she thought her mother had current ID and that their attorney HAD actually looked at her Will. I couldn’t help myself at this point and exclaimed…”Are you serious and attorney signed off on this?”. She said, “yes” and I let it go. Because what was the point in arguing with her. She was having it with the mother being ill, now the ID problems and obtaining witnesses at this late date. So I told her that once she got everything in order I would happily come back.

Surprisingly, the mothered offered me my fee, but I kindly refused. It was more than obvious that they were struggling and after all they were my neighbors!

They never called me back….and I never expected that they would!

Until the next adventure…be safe!

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February 2, 2011

Interesting and uncommon notary acts

Filed under: (5) State specific,Notary Acts & Certificates,Popular Overall 2011 — Tags: , , , , , , , , , , , , , , , — admin @ 8:30 am

Notary Acts
 
There are various types of notarial acts, and the rules and types of acts vary from state to state.  In this blog entry, I’ll go over all of the types of notary acts that I can find information about, and introduce some of the points that differ from state to state.  The states associated with each specific act are NOT necessarily the ONLY states associated with those acts, but are the state(s) that we are referencing.
 
Acknowledgment
An acknowledgment is the most common notary act and accounts for roughly 80% of all notarizations with Jurats being in second place.  Many states allow notaries to charge a maximum fee per notarized signature, while Florida’s fees are based on how many times you affix your stamp when executing an acknowledgment.
 
Affirmation
An affirmation is a type of Oath where there is no mention of a higher power (God).
 
Attesting to a Document’s Validity (AR)
This is a notary act that is peculiar to Arkansas.  I don’t recall seeing this as a possible notary act in any other state. Please visit our Arkansas Notary page for more information.
 
Authentication, Apostilles, and Magistracies (General)
These are general notary public procedures common to most states. However, less than 1% of notaries know how to do such notary acts, and you normally have to contact your state notary public division to learn the rules.  The process of getting one of these generally takes a minimum of a few days, and the price is usually high.
 
Certified Copies (WA)(CA)
Some states allow Certified copies of powers of attorney such as California.   Other states often allow a notary to make certified copies of any type of document.  New York doesn’t allow any type of certified copies. The type of documents that a notary may certify copies of vary from state to state.  Washington allows a notary to charge $10 per certified copy of any document for example.
 
Copies of Journal Entries
California notary law allows a small fee of 30 cents per entry for notaries to charge if a member of the public needs a copy of a specific journal entry.  The notary should be careful to make sure that all other transactions recorded in the journal do not show up on the photocopy sent to the individual making the inquiry to protect people’s privacy.
 
Depositions – Certifying Depositions (AR)
Most states use the term, “Take a deposition” while Arkansas allows notaries to certify a Deposition.  Some states allow a fee for the Deposition and then another fee for each oath to each witness.  Rules vary from state to state.
 
Document Copy Charges (CO)
Colorado notary law allows a notary to make copies of documents and charge for this act.  This act ensures that the copied document is a real copy and not a different document or one that is slightly altered.  If you are in another state that doesn’t have this type of notary act, its still advisable to witness the photocopying of documents that are to be certified as copies. Its also not a bad idea to make a notation on the document that you witnessed it being photocopied even though thats not an official act outside of Colorado that we are aware of.
 
e-Notarizations
Rules for e-notarizations differ from state to state.  The main point is to use an electronic journal to record transactions and for the documents to be online or electronic documents.  e-signings are signings where some of the documents are online while others are printed out.  A regular journal is used when doing an e-signing although the signature on the document is electronic.
 
Jurat
This is the second most popular notary act.  A Jurat requires the signer to sign the document before the notary and to take an Oath before the notary as well regarding the document or verbiage.  Several years ago, Jurats did not require identification in many states, but as of 2011, almost all states require the signer / affiant to be positively identified for this notary act.
 
Marine Protest (RI)
Rhode Island is the only state we have seen to have a separate fee for a marine Protest.  A Protest is an act where
someone Protests non-payment of a bill.  A Marine protest or sea protest is a statement where a captain or officer can include relevant details about the ship, voyage, cargo, drafts, date of departure, date of arrival in next port. This type of act is used if unfavorable weather conditions were encountered.  The Marine protest will protect the vessel and their owners from further claims brought forward by charterers, shippers, and cargo receivers.
 
Non-Certified Copies (VA)
Virginia allows for notaries to make copies that are not certified.  A non-certified copy if for information only and is not accepted for legal purposes such as school enrollment or applying for a drivers license or passport.
 
Oath
Most if not all states allow notaries to take Oaths.  An Oath is a solemn promise or statement where the affiant swears that they are telling the truth.
 
Photocopying & Supervising Photocopying (AR)
In Arkansas, a notary can get paid to photocopy documents or supervise the photocopy of documents. 
 
Proof of Execution
This notary act requires a subscribing witness who sees the principal sign a document.  The subscribing witness appears before the notary public.  This act is the only notary act where the actual signer doesn’t appear before the notary.
 
Protest
This type of notary act is where an individual protests the nonacceptance or non-payment of money owed.
 
Safe Deposit Openings (NY)
Here is a unique notary act only allowed in New York and Florida that we are aware of.  The notary must witness the opening of a safe deposit box and record the contents of the box in a certificate, but not in their journal.  Please click on the link to read the details.
 
Taking a Renunciation of dower or Inheritance (SC)
Please see the South Carolina notary division’s website for details on this unique notary act.
 
Verification – Taking a verification upon an Oath or Affirmation (DE)(PA)
Please consult the Delaware or Pennsylvania’s notary division website for more information on this unique act.
 
Weddings (ME), (SC), (FL)
Notaries in Maine, South Carolina, and Florida can solemnize weddings.  Notaries need to be familiar with the procedure and proper wedding etiquette to provide this type of service.
 
Witnessing an Absentee Ballot (FL)
Notaries are not allowed to charge for this notary act in Florida, or California. 
 
Witnessing or Attesting to a Signature (DE)
Attesting to a signature simply means witnessing a signature, and then signing your own name to document that fact that you witnessed a signature.  Delaware is one state of many that considers being a witness an official notary act.

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January 24, 2011

Acknowledgment FAQ

Filed under: Notary Acts & Certificates — admin @ 9:39 am

What is an Acknowledgment? Or, should I say, what is a Notary Acknowledgment or Notarized Acknowledgment? Why is it missing the “e” after “g”? Is that a typo, and should it be spelled Acknowledgement? No, it is not a typo.

Notaries commissioned in the various fifty states have a variety of Notary acts that they may perform. Some are common ones that are practices in virtually every state, although they sometimes have name variations and sometimes the rules for these acts can change slightly from state to state as well.

Common Notary acts that are almost completely universal include:

Acknowledgments — an act where the signer acknowledges having sign a document and acknowledges in the physical presence of the notary public, but does not have to sign in front of the Notary except in a handful of states (it’s complicated).

Jurats — an act where the signer or “affiant” must sign the document in the physical presence of the Notary Public as well as swear or affirm under the penalty of perjury to the truthfulness of the content of the document.

Oaths — a purely verbal act where the affiant must swear under Oath under God to the truthfulness of an oral or written statement.

Affirmations — a purely verbal act where the affiant must affirm under Oath on their honor to the truthfulness of an oral or written statement. Please note that Oaths and Affirmations are not the same act, but can be used interchangeably and carry the same legal weight and significance.

How does a signer Acknowledge their signature?
Does the signer say, “I hereby proclaim that I, the party of the first part, the signing party withstanding , have signed the foregoing instrument herein, and thereto, and therefor acknowledge the same in my capacity as an individual so-on and so forth.” The truth of the matter is that you can simply place the signed document in front of the Notary Public (in most states, exceptions apply) and ask him if he/she can notarized it with an Acknowledgment, or you can just say, “I signed this, please notarize it.”

What are the requirements for Acknowledgment wording or Acknowledgment verbiage?
All states require some sort of Acknowledgment verbiage. The requirements differ from state to state. Many states require certain components or facts to be covered in the wording while others might require exact state specific wording. It is best to ask an Attorney what wording is necessary in your case. Many Notaries do not carry pads of Acknowledgments with them (although they should) and it is up to you to make sure that notarial wording is either embedded in the document or attached on a loose certificate that is stapled to the document.

Who can perform a Notary Acknowledgment?
As a general rule, a Judge, Notary, Justice of the Peace, and perhaps a few other legal professions may execute Acknowledgments. When in doubt, ask an Attorney for a state specific answer.

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ACKNOWLEDGMENTS
When I studied to be a Notary Public, my teacher said you Acknowledge a signature, Execute a Jurat and Administer an Oath. This is not true. The Notary is not the one who acknowledges signatures. The SIGNER acknowledges the signature and then the Notary CERTIFIES that the signer acknowledged the signature by virtue of filling out an Acknowledgment Certificate. Here are some basics on Acknowledgments.

1. The signer acknowledges having signed the particular document.

2. The signer must physically personally appear before the Notary for such an act.

3. The signer does NOT have to sign before the Notary according to most if not all states such as AK, IA, SC, SD, VT, and WV. Lenders might require the borrower to sign in the presence of the Notary, but that is a particular Lender’s standard and not necessarily a state standard or even a best practice.

4. The Notary must positively identify the signer using identification documents acceptable to their state which normally include Drivers Licenses, State issued identification photo ID’s, Passports, and Military ID’s. Other ID might be accepted on a state by state basis. You can look that up in your handbook. Also, see our section on identification.

5. The Notary should ideally keep a journal entry of all Notarial acts even if their state does not require this.

6. There should be Acknowledgment wording appropriate or acceptable to your state inscribed within the document, or you can attach a loose acknowledgment form with a staple.

7. After you fill out the certificate form, you sign and stamp the page (some states allow you to write in your seal information without a stamp.) Make sure your stamp is clear and not smudgy otherwise the county recorder has the right to reject the Notarization.

8. Note — some states require the Notary to ask the signer to attest to the fact that they signed the document in their own free will. Please be aware if your state has any unusual requirements or special wording on forms.

9. A California Notary faces many restrictions as to what type of out of state forms they can use. Please check the California Notary Handbook to see what you can accept and what you can’t otherwise you could get in trouble particularly if it is a recorded document.

10. There is an optional and additional information section in Acknowledgments which helps identify the document that the certificate corresponds to. This includes the document name, document date, number of pages, and other pertinent information.

Resources

Basic Notary Acts — Acknowledgments
http://blog.123notary.com/?p=19500

Acknowledgment vs. Acknowledgement
http://grammarist.com/spelling/acknowledgment-acknowledgement/

Legal definition of Acknowledgment (does not necessarily apply to notary profession)
https://legal-dictionary.thefreedictionary.com/acknowledgment

Can you send a loose Acknowledgment?
http://blog.123notary.com/?p=16168

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January 23, 2011

ID – A Growing Problem

Filed under: Identification For Being Notarized,Ken Edelstein — Tags: , , , , , — admin @ 10:44 am

Confirming the identity of the affiant is a complex issue. Notary laws regarding ID requirements vary by state. Some states are very specific and have a list of what constitutes proper ID. They may or may not permit the use of a substantiating witness. I am not aware of any jurisdiction that requires multiple IDs to notarize; if you are aware of this situation please comment. One of the vendors: https://www.driverslicenseguide.com/products_summary.html has guides ranging from 25$ to over $200 (published annually!). Clearly, ID fraud is a growing issue.

As mentioned in a prior post, the City of New York will issue an “inmate release ID” with any name the prisoner chooses; if they can’t ascertain the true ID via fingerprints (1st offender?). A new initiative in NYC is to issue “Municipal IDs” to virtually anyone. There are rules and some proofs are required; but the general opinion is that they will be easy to get; with any name or address you choose. Applications can be submitted at the main NYC library or one of the Credit Union offices. Picture their situation if the proof of birth is hand written in Latvian from the local parish, without an e-mail address or telephone. Thus, even a crude forgery becomes a “valid NYC ID”. Glad you don’t live in New York City? But, you have problems too.

If your state does not have a specific list, it’s generally acceptable to accept the classic: “Government Issued Photo ID” – so do you take the NYC ID discussed above? Getting away from the proclivities of New York; most states certainly take other states Driver License, but who can really tell a genuine from a forgery? Without subscribing and always carrying an ID guide, it’s virtually impossible to know what to look for in unfamiliar driver licenses. Worse, some of the passports I have seen are totally handwritten, nothing machine printed; a few even seem to use common package sealing tape to “laminate” the ID photo, yikes!

I have been presented everything from a Food Town membership card to a Diplomatic Passport issued by the State Department. I notarized a Secret Service agent’s mortgage papers. Have I previously seen an SS agent card? Of course not. It looked “good” – so I accepted it. Yes, he did have a pistol also, inadvertently briefly exposed. He also had a DC driver license, again a first for me. Probably they were authentic; but as notaries we are not trained in ID verification.

Some might argue that a national ID card, the same for everyone is the solution. I doubt if such a measure would ever become reality. Thus, we are, with virtually; no strike that – with absolutely no training tasked with determining if the ID presented is authentic. Even a highly trained state trooper can be fooled with a good forgery. So far, there does not seem to be a solution. Here in New York State the notary is required to view (not verify!) “adequate proof” of ID. The determination of “adequate proof” is the responsibility of the individual notary – NY State does not publish a list of acceptable IDs. The list would be helpful; but forgery is still a big issue.

Inexplicably, we have the technology at hand capable of doing the job. There are databases of information about the authenticity of documents. There must be (probably with some exceptions) databases of currently issued and valid IDs. It would be nice to be able to take a cell phone picture of an ID and have it verified by competent authorities. Alternatively, many phones have the ability to scan fingerprints for their lock screen. Perhaps that technology will come to the aid of notaries struggling to verify the identity of the affiants prior to adding their stamp and seal.

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You might also like:

Quiz about Notary identification
http://blog.123notary.com/?p=15144

How to notarize with expired identification
http://blog.123notary.com/?p=8294

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January 18, 2011

Notarizing For a Minor — Identification!

Filed under: Identification For Being Notarized,Legal Issues,Technical & Legal — admin @ 9:17 pm

It is not that common to notarize the signature of a minor, but at some point you might be asked to. A minor who needs to be notarized must be positively identified just like everyone else even thought their signature is not legally binding. But, if you need a notary for a minor — what type of identification can they get? The DMV can issue them a state ID card if they are not licensed to drive yet. If they are old enough to drive, you could get a drivers license. Another possibility is to go to the Post Office and apply for a passport which is another acceptable type of identification for being notarized. One benefit of passports is that they are valid for ten years while state issued ID’s are generally only good for four or five years!

So, if you are asked to notarize a minor, you can give the parents a tutorial about acceptable types of identification for their benefit! And remember — when notarizing a minor, please document in your journal that the signer is under 18 — and you might also document their exact age as well! Be professional when you do an “underage notarization”! Do it right!

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January 11, 2011

The Pile of Poo Divorce

Filed under: Ken Edelstein — Tags: , , , , — admin @ 10:33 am

The lady calls with a common request. She has some divorce documents that need to be notarized. I ask the usual screening questions. Who is signing? What ID do they have? How many signatures need to be notarized? Mobile notaries with a few years of experience become quite good at sensing trouble ahead. This assignment felt wrong. The lady was evasive with my initial questioning, changing her answers several times. It was a judgment call for me to make as to granting her an appointment. Her plea as to the urgency “it has to be submitted to the court tomorrow morning”; caused me to agree to meet with her. But, with a large amount of “doubt”, my meeting would be a location near to me. She agreed, we would meet in an hour.

She had spoken of needing two signatures notarized. Somehow, that became eight signatures. Four for her and four for the other party to the divorce. It’s a common misunderstanding, the number to be notarized vs the number of people being notarized. However, having been in this situation many times I was sure that she understood when we spoke on the phone. Going from two to eight is not the end of the world. And, she had readily agreed to meet at a place of my convenience. So, I asked to see what needed the eight notarizations. Unlike many of my meetings, this was to be cash, due to little travel being required. First thing, even prior to showing me a single document she wanted to pay. That really caused my “trouble ahead” bells to ring. Declining the offered cash, I requested, again, to see the documents.

As she pulled out the papers I noticed large amounts of “white out” on the papers; all of them. Signatures had been changed, dates changed, even the Venue entries. There were so many layers of the stuff I thought the papers would crack if folded, even slightly. I looked at the signatures on the “sworn to and subscribed” sections. Her signature, inexplicably, varied from document to document, only one signature was similar to the signature on her passport. The signature of the male was consistent with the “photocopy” of his ID, and that was to also be notarized!

I don’t know if it’s legal to notarize documents with gobs of “white out”. I do know how to properly redact an improper entry. But, IMHO, these docs were dead. She stressed that all of the entries had to be notarized, and there was no access to her husband. She related that I could proceed to notarize her husband’s signature by matching it to the photocopy of his passport. Clearly, this was going nowhere. It was time to halt the proceedings and inform her of what the proper notary procedures entailed. She could care less, after my explanations. She kept repeating that I was “creating a problem for her” and that it had to be completed now.

I understand that you have a problem. However, I too have a problem. My problem is that your documents have signatures without the affiant present to verify and oath. Finally, she did understand I was unwilling to proceed. Then another shocker! “I have been told there is a nearby that will just stamp these documents for a fee”, “do you know where they are?” Lady, the notarization of your husband’s signature without his presence is illegal. You are asking me to assist you in finding someone who is willing to commit a crime. First, I know of no such person or place. Second, I strongly advise you to abandon this course of action. It’s also illegal to ask someone else to commit a crime. You now know that notarizing your husband’s signature without his presence is illegal. You should proceed only using legal methods.

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You might also like:

Excerpts from great notes sections
http://blog.123notary.com/?p=13613

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I was forced to forge my own signature in India

Filed under: General Stories — admin @ 9:35 am

I remember back in 2005 I went to Bombay to visit a friend. I took the train downtown to cash a few travelers cheques. I have never had an experience this bad and have brought a lot more cash with me ever since. You have to sign a traveler cheque when you buy it and then sign again when you cash it in. My signature was a little different than my normal signature, but not different by much. But, the clerk had had a lot of trouble cashing in traveler’s cheques and he was paranoid. He did not like the differential between my signatures. So, I had to forge my own signature so to speak. I had to practice signing the way I had signed when I originally signed the cheque a few times on a blank piece of paper. What a ridiculous ordeal. My passport wasn’t good enough for him yet it was good enough for airport security. Good God, or should I say Good Krishna?

In any case, I signed the way he liked and got my money.I spent my rupees on apple pie that had been in the same oven as melting cheese and it tasted horrible. I have so many India nightmares I never want to go back again but perhaps I will to see the mountains and meditate there with the Gods near Dehradun. My guru says I need to go where I can see snow in the mountains and meditate there for three days. One day I’ll do it, but not this year, because China is on my mind. Sounds like a Ray Charles song.

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January 6, 2011

The Notary can be named as a suspect if their record keeping is flawed

Filed under: Notary Mistakes — admin @ 1:07 am

I test Notaries by phone daily to see if they are fit to be on my site. The results of the testing are that I have to accept people who shouldn’t be Notaries just because I’m desperate for people in certain remote areas. However, bad Notarial record keeping is not only a headache for me during testing. It is dangerous for society and for the Notary as well. Failing to keep thumbprints makes it impossible for the FBI to catch identity thieves. ID’s can be falsified, so without hard evidence like a thumbprint, you cannot catch the bad guys. However, there’s more.

When the FBI interviews a Notary during an identity fraud case, the Notary is considered a suspect. After all, they were involved in the transaction. You might not think of yourself as a suspect, but the Feds do, because it would be easy for you to be involved, especially if you don’t keep your books correctly.

If your books are filled out with one journal entry per person per document, and each entry is signed and with a thumbprint — that is thorough bookkeeping. Less than 10% of Notaries nationwide keep their journal completely correctly. Here are some ways you could make yourself look more suspicious and perhaps end up in court for a long time.

1. If you put multiple documents in each journal entry, the signer or FBI could claim that you added extra documents AFTER the signing to defraud the signer. You cannot prove that you did not add those documents after the signing, so your hands are tied. This is why you have the signed sign off for each document which you cannot do unless there is a separate journal entry for each document.

2. If you put “loan docs” in a journal entry without specifying the exact names of the loan documents in separate journal entries, you could be accused of forging signatures on additional documents. Since you didn’t record which exact documents you notarized, you could claim anything and there is no evidence one way or the other to prove your innocence.

3. If you use one journal entry for more than one signer you create a mess as multiple signers would have to sign a journal entry where their ID information probably would not fit.

4. If you simply do not keep a journal as it is not required by law in your state you could be easily considered a suspect in identity theft and would have zero evidence to prove your innocence.

5. If you keep proper journal entries, but refuse to thumbprint the signer on a Deed or Power of Attorney (serious documents that affect people’s lives and property) you could be accused of concealing the signer’s true identity if they used a false identification card forged in China ($200 market price by the way.)

6. If you think an ID is the real person because the ID looks like him. Consider that in Iraq, ISIS kills people and sells their passports to other people who look similar for about 1200 Euros.

7. There are corrupt people at the DMV who make falsified driver’s licenses which look real because they are real, but with falsified information. Those bad people normally get caught eventually, but have a good run for a while creating all types of chaos in society. Many were charging $500 for a false ID so I heard.

If you keep proper journal entries and thumbprints, it will be more clear to investigators and judges that you take identifying signers very seriously and cover your tracks in case there is any hanky panky. ID’s can be forged, but you cannot forge a thumbprint unless you wear a latex pad on your thumb with someone else’s prints which the Notary would easily detect. Cover your tracks, and your court cases will be dismissed faster based on the experiences of the Notaries on our site!

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You might also like:

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

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

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

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