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August 28, 2016

Can you notarize a signature in Chinese or another alphabet?

What if the signer signs in Chinese characters or hyroglyphics?

I once had a signer who wanted to sign in Chinese. It is prudent for a Notary to check the signature on a signer’s ID and make sure it matches the signature on the document. Otherwise, you might suspect fraud. But, is it legal to notarize a signature in Chinese? On your Notary certificate you have to write the person’s name in English.

My logic is that many English language signatures are incomprehensible scribbles. So, what’s the difference between an American scribble and a Chinese scribble? You can’t make sense of either one. The signer’s name was something like John C Wang and he had three corresponding Chinese characters. He claimed that scribble #1 represented the John and the next one the C, etc. I was unclear about the law in this case, but his signature matched his ID which is why I let him do it this way as matching signatures are a requirement for prudent Notarization.

But, on another occassion I was asked to teleport back into time to notarize in hyroglyphics at a pyramid. The provided a time machine and gallactic portal. I went back into time (air conditioning not included) and got to the site where they needed a notary. We spent an hour drinking tea, making small talk and negotiating my fee. They talked me out of a travel fee since they provided the travel arrangements. I also didn’t want to negotiate too hard as I didn’t want them to get mad at me otherwise I might not have a trip back to 2016. So, we sat down at the signing table, saw the guy’s ID, etc.

NOTARY: For security, may I know your mummy’s maiden name?

KING TUT: Which one?

NOTARY: Okay, please sign the journal

KING TUT: Okay…

NOTARY: Oh, forgot. I’m not allowed to Notarize hyrogliphics.

KING TUT: But, this is how I sign! And by the way, you are out of your jurisdiction, and your commission is not current here as it hasn’t been originated for another 5000 years.

NOTARY: Hmmm, good point. But, the pistachios were good and I enjoyed the time machine so it wasn’t a complete waste of time — or reverse time as the case may be.

KING TUT: Okay, how about I get into the time machine with you, go to California in 2016 where you are commissioned, and make up some English language name.

NOTARY: That might work. But you need an ID from a government that has a photo and physical description.

KING TUT: No problem, I’ll just go down to the DMV and pick one up.

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Where can I find a Chinese speaking notary?
http://blog.123notary.com/?p=1640

Notary procedure for Affidavit of Support documents
http://blog.123notary.com/?p=1421

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

Notarizing your foreign language document! (Ken’s guide)
http://blog.123notary.com/?p=2768

General notary public information
http://blog.123notary.com/?p=20075

Comments (3)

July 13, 2016

Are you a Yes-tary or No-tary?

Filed under: Best Humorous Posts,Humorous Posts,Popular on Facebook (A little),Popular on Facebook (shares) — Tags: notaries, Notarized, Notarized on the document, Notary, Notary Questions — admin @ 11:08 pm

It was a month or so ago. I was asking Notaries Notary questions about what you can and cannot do. Unfortunately, Notaries often don’t take Notary rules seriously or have just never been adequately trained. The “more, but not less rule” is no good unless you understand which direction the rule runs. The ID can have more than the document, but 40% of Notaries think that it is okay if the name to be notarized on the document has more meat on it than the name on the identification. Good God! My point here, is that the whole point of having a Notary is to verify people’s identity who signed documents. The Notary profession helps to deter and prevent fraud as a result. But, if Notaries do whatever, and don’t follow state rules, then the purpose of having a Notary is defeated or undermined.

To put it shortly, the entire point of a Notary is to say No. If you feel uncomfortable or awkward saying No, then you should not become a Notary. In many Middle-Eastern and Asian cultures it is considered bad manners to say no, so they say, maybe, or later, or perhaps next time, or make up some excuse for not saying yes. Since they can’t outright say no, they beat around the bush. But, as a Notary, you might be facilitating fraud by not saying no. So, get used to saying no. Stand in front of the mirror and say, “No…. NO…. NO!!!!” Do it the way Joey from Friends practices saying, “How you doin’?” in front of the mirror dozens of times mastering his facial expression and verbal inflections. Take pride in saying no. However, for those Notaries that don’t like saying no, worry not! There is a solution. Become a Yes-tary.

But, what do Yes-taries do? Yestaries say yes to illegal requests. Unfortunately they cannot be commissioned and don’t have a stamp. But, maybe they should have an unofficial Yestary Public stamp just to make their job more comedically offiicial. What would be the duties of a Yestary? If someone wants to be Notarized as Mickey Mouse but lacks sufficient ID, you say, YES. If someone claims to be Kim Jong Un and looks Korean enough to you, say yes and stamp his document. If a Taiwanese client wants you to stamp a loose piece of paper because their government requires such a Yestary act, you can do it as a Yestary, but not as a Notary. Because a Notary’s job is to say No!

But, what if they won’t pay your travel fee if you say no? It is actually illegal in many states for a Notary to notarize a document in which they have a beneficial or financial interest. I feel that if the Notary will not get paid a travel fee if they refuse to notarize, then they now do have a beneficial interest of a sort and would be willing to break the law so they would get paid. Get your travel fee up front before you see the signers or the documents or the identifications. That way if a signer isn’t there, or if the name on the ID is not matching, or some other problem, you can forfeit your Notary fee, but still get paid for your trip. Remember, your job is not to please the client, but to uphold the law even if that means hurting someone’s feelings by saying no. Hurting someone’s feelings is better than going to court as a result of facilitating fraud or having your commission revoked!

One last note, it has been reported that some Yestaries have gotten a rare intestinal disease from saying yes too much to illegal requests. Some call it an illness, I call it karmic retrobution. The disease is called “yesentery” and comes from ingesting unclean Notary requests. If you get this disease, just consult your doctor and take some prescribed antibiotics. Good luck!

You might also like:

Seven error free ways to identify a signer
http://blog.123notary.com/?p=15288

ID: a growing problem
http://blog.123notary.com/?p=15074

Credible witnesses: The process explained
http://blog.123notary.com/?p=16695

Comments (0)

July 9, 2016

Global Notary

Many Notaries have done jobs for Global Notary. But, what are they saying?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2517

lsaversl
“Just got a call from Global Notary-print 2 sets (150 each), drive 50 miles round trip, fax back 150 docks, for a whopping $30.00-I was about to tell them (are you insane), but just said I was very booked up.”

Minnesota7
“I completed some 15 closings up here in northern Minnesota for Global because they had no choice but to pay my travel fees. Only 2 or 3 travel where we go. In town I refused their starting fee $40. I would burst out laughing. My problem was they would call and ask if I was going to be on time, every closing. The last two they actually called the borrowers to see if I was there. Some snot nose brat called me from global and said don’t take it personal, they do that to all notaries. I asked for the home phone number to the Owner of Global so I could call him or her every morning at 4am and ask them if they were going to be on time for work that day. Now I have received 3 different 1099’s from them. They need professional help. I got along ok with one scheduler but I told him to see to it that they take me out of their system and don’t ever call again. Plenty of good companies still out there. MN7”

Joelbenedict
“I made an error in the date of the borrower certification. I then scanned 201 docs back without catching my error. Global Notary sent me an email giving approval to drop the docs. I called the next day to confirm that I had approval. I dropped the docs. Four days later, Global Notary contacts me to notify me that there was an error in the borrower certification and that Old Republic (the title company) had rejected it. I completed an acknowledgement, scanned it back to Global Notary, cc’d Old Republic. Two days later, Old Republic approved the acknowledgment and Global Notary told me to overnight the acknowledgment at my own expense or for a $20 reduction in my fee. I didn’t have my notary stamp or the document at home–this was six days after the signing. I printed another copy of the acknowledgment, filled it out by hand, and faxed it to Global Notary. I paid for the label online through USPS’ website. It cost $18.11 to Express mail it flat rate. 10-24 minutes later, Global Notary called me to tell me that Old Republic likely wouldn’t approve the handwritten copy. I griped to corrections about their not catching the mistake in either of the two approvals and expecting me to take the expense hit.

Their response was that they do what they can. I couldn’t get them to budge on any kind of action to prevent it from happening again, or even that they had made a mistake in not catching my mistake. The day after, Global Notary contacted me to tell me I’d have to ship the acknowledgment that was approved on day four because Old Republic had rejected it. I went over Global Notary’s heads and called Old Republic; I told Old Republic Title the same thing I’d told Global Notary, that Kentucky doesn’t require notary stamps, our signature and serial numbers are considered our seal; Old Republic said that the lender had rejected it. I had the approved acknowledgment with me this time; I paid for the shipping and put it in a box (a non-USPS flat-rate regular cardboard box). It cost $16.99. Now I’ve got to wait and see if there’s any more noise with this signing. I took it for $85, printed out 422 pages of docs, drove 26 miles total, have put at least 11 hours into this signing, and took a $35.10 hit in expenses. This is probably my sixth signing with Global Notary, but this one has been a poor experience. The other signings I got for $60-70.”

M.Quednau
“Never leave your fax machine unattended before it is finished. Just because a borrower “thinks” he knows what he is doing you ALWAYS check for errors. Always ask about fax backs before you agree on a price taking that into consideration before you agree to do the signing. Sounds like you should have been more proactive in checking for mistakes and making sure the fax went through and if the fax didn’t go through wait till you come back after the holiday (since it was only one day) and tried again to fax. Global pays on a timely basis. If I were you I would rethink working for them again if they were willing to pay your price. I think all the calls are because one hand doesn’t know what the other is doing. None the less it is very annoying. ”

NotaryMark
“I am aware that Global Notary Inc are low ballers, however their tactics and fees have finally become preposterous.

Yesterday I was called for a Mortgage signing, i verified it was a normal signing on the phone, then verified there was about a twenty page fax back, ok I said for $75. Yes thats low but it was close to where I live and a quick return.

HOWEVER…on documents arrival I find that the fax back is nearly fifty pages and this is a refinance where the total pages of documents are 187! So that would be X2 prints 374pgs and a fax back!!

Unfortunately I had to cancel this appointment because of a family crisis, sudden and unexpected”

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The 90 days no payment list of signing companies
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The met my fee list of signing companies
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Comments (10)

June 9, 2016

A comprehensive guide to Notary Pricing

Filed under: Comprehensive Guides,Ninja Theme Articles,Notary Fees & Pricing,NSA Pricing, Fees & Income,Popular on Facebook (shares),Popular on Facebook (some) — Tags: FHA Loans, Hospital Notary Jobs, Jail Notary Jobs, Notary, Notary Jobs, Notary Pricing, Piggy Back Mortgages, Reverse Mortgages, VA Loans — admin @ 9:59 pm

It’s been a long time since I have written an article on pricing, so I feel it is high time! Most Notaries want to have a fixed fee and make tons of money. This is not always possible. The Notary market is a market with lots of little ups and down that a smart Notary needs to constantly adjust to. It’s smarter to have systems and formulas worked out ahead of time so you know how to react to these fluctuations.

There are fast days and slow days, monthly highs and lows, as well as changes in the market that happen over the years. There are also changes in who is competing with you in your area at a particular time. The key is to be flexible and learn how to charge accordingly. Here is how I would set my prices.

1. Time Involved
A smart Notary should charge based on how much time is spent. Notary jobs during rush hour involve more time. Jobs that involve printing more than the average amount of pages should be billed accordingly. Smart Notaries ask who the Lender or Bank is. This is because the name of the Lender can determine with some accuracy the size of the package. Signing companies lie about package sizes which is why smart Notaries ask. Additionally, there are many loan types and some require more time. Refinances are faster, while Construction Loans are longer but have more professional and businesslike signers. Reverse Mortgages, VA, and FHA take more time. Piggy Backs are double signings and have double the pages and double the Notary work. Time for doing a signing is based on these components:

Negotiating Time — Some companies are easy and pleasant to deal with. If it is fast getting assignments faxed or emailed to you and easy to confirm with the borrower, take notes of that time. It can differ from company to company.

Printing Time — Notaries should charge by the page for e-documents. Printing takes time, and often involves waiting for documents to be ready which can be hours if you work with irresponsible companies.

Driving Time –Factor in how much time it takes to get from point A to B. Keep notes so you’ll know how to charge for jobs to particular cities in the future.

Signing time — Some Lenders have loans that get signed quickly. Some Lenders answer the phone and get situations handled quickly while others don’t.

Loan Type Influences Time Spent — VA & FHA signings are just plain longer. Reverse Mortgages are for the elderly who are less businesslike and might need a lot more time to sign. Power of Attorney signings are the most likely not to fund, so take that into consideration. Piggy Back loans are double the signatures and double the notarizations. But, once everyone has sat down and you have your journal out, it goes quickly.

Fax Back Time — Fax Backs are a pain in the rear, but they serve a purpose. Signing companies can hire newbies and get away with it, because the signing company can check your work before it gets sent back to Title. They no longer need experienced Notaries. However, fax backs take time, so if your time is worth something, charge for each page faxed back.

Cancellation Rate Time Waste — Factor cancellation rate and billing time into the price.

Billing Time — Some companies pay on the first request while others require hounding.

2. Expenses Itemized

Printing Documents — is not only time consuming but costs money. You are using up paper, toner, cartridges, ink, and using up your time to restock what you used up. Charge accordingly.

Car Expenses — Driving a car is not free. Tires wear down, brakes wear out, plus you need to change the oil, filters, shocks, transmission, and more. So, in addition to time, try to work a mileage fee into your pricing in addition to charging for time.

3. Track Record & Risk of Not Getting Paid

Late Documents — If the signing company or title company was late getting your edocuments in the past, make a note of that. Keep detailed records of each company. Record how fast they paid you on each job. Recalculate their average days to payment every month just to keep records updated. Also, keep records for how late they are sending edocuments or how incompetent they are about keeping their borrowers informed. If you are dealing with a flake, charge more.

Unknown PartiesIf you accept a job from an unknown lender, or one with a bad reputation online, you might charge more, or make them pay up front. You should always charge extra when there is any type of risk involved. . These signings assume risk. Some of the risk is spending an unpredictable amount of time or not getting paid at all.

4. Payment Terms
If a Lender will only pay you if the loan funds, you need to charge more. Some Lenders will not pay your printing fee if the job gets cancelled, so make sure you know what the terms of the agreement are. Some will pay part of a travel fee if the job gets cancelled mid-way. However, the signing company booked your time, and you can’t give your leftover time to some other company at the last minute just because they needed to cancel. You have to commit your time to them, but do you make companies commit to paying you?

I personally feel that Notaries should set their own terms. You are not a bank, and it is not your job to gamble on whether or not a loan funds. You should be paid before, or within 72 hours of a signing in my opinion. But, you can make your own terms. Beginners have to accept the terms dictated to them, but old pros can make their own terms and get away with it. However, if you do accept terms that limit your ability to guarantee payment, charge a lot more.

Recommended Reading:
Issues to consider when creating a signing agent services contract
http://blog.123notary.com/?p=2593

5. Travel Fees for Non Loan Signing Work
Most Notaries charge $25 to $50 travel fee, and more if it is for jails or hospitals. You also charge by the signature on top of the travel fee. Charge based on how valuable your time is worth. If you are desperate for work, charge less. If your time is limited, charge more. If you have lots of other things to do, you have less supply of time so you can charge more — this is a strategy to consider — so stay busy my friends.

6. Jails & Hospital Notary Jobs
Charge more for jails and hospitals because these are the jobs where there is a lot more that can go wrong. You also will not be dealing with the cream of the crop. You can get stood up at a jail. Inmates do not have ID and your credible witness or ID carrier might not show up. ID’s might be expired. Hospital patients are often drugged making it impossible to notarize them. Half of them can’t even hold a pen, so how can they possibly sign? Consider this when deciding upon your jail & hospital travel fees which should be $60 to $150 depending on how greedy you are! Some Notaries are afraid to go to jails, but it is safe, and that is where you can make money fast. Just make sure you have them read their ID to you over the phone including expiration date or you will be very sorry. Also, get your travel fee in cash at the door BEFORE you see the signer. They might not be available or might not want to sign! Be prepared!

7. General Pricing Models
Keep in mind that a few years ago, Notaries could get paid a lot more. With Snapdocs and lower demand, companies can pay a lot less and get away with it.

Situations where you charge more or less
(1) Charge less during the first 17 days of the month. It is slower, and you have more time.
(2) Charge more during the end of the month. Additionally, you can charge more if you schedule a job several days in advance because you might miss out on a better offer. Additionally, jobs scheduled in advance in my day had a 25% cancellation rate which will wreak havoc on your schedule.
(3) Charge less if you are having a slow day and someone needs a last minute signing. If you are doing nothing, why not sell that time.
(4) eSignings have less physical pages, but often take longer because the signer and their spouse need to take turns looking at the computer screen not to mention the chance of delays due to technical issues.
(5) Charge extra if there are three or more signers on a loan.
(6) Charge more if the company cancels a lot
(7) Charge less if a company has a good track record and is easy and fast to deal with — or pleasant!
(8.) Charge more if there are lots of signatures to notarize.

Pricing Recommendations For Beginners. 0-500 signings

Basic Signing $60-$80
E-Documents: $10-$25 extra per double set or 7 cents per page
Pickups: $25 extra
Dropoffs: $20 extra — there is less waiting time during dropoffs
Reverse Mortgages: $100
Piggy Backs: $100
Regular Notary Work Travel Fee: $30 if within 30 minutes
Jail & Hospitals: $50

Pricing Recommendations for Intermediates. 500-3000 signings
Basic Signing: $80-$120; E-Documents: $20-$40 or 10 cents per page; Pickups: $30 extra; Dropoffs: $25 extra; Reverse Mortgages: $125; Piggy Backs: $125; Regular Travel Fee: $40 if within 30 miles; Jails & Hospitals: $70

When to charge in advance
You are not a bank and you should not offer endless credit to any signing company. Some of them will string you along and not pay you or play games with payments making it unclear which job they are paying for. Decide in advance how much credit to give each company and keep records. If you have a six month track record with a company and they pay you on time, you might offer them credit for six jobs. For all others, do one or two jobs, but don’t do any more until you get paid. It is not a bad idea to charge up front with Paypal, but few companies will pay a beginner up front. Ken, our seasoned Notary always gets paid up front, but he is a pro.

(1) New Companies — do one job, but don’t do a second until you get paid for the first unless they have a stellar record for payment on the forums.
(2) Some Track Record — do two jobs, but don’t do a third until you get paid for the first.
(3) Good Track Record — Watch out: good companies can turn bad if they experience financial difficulties or labor shortages. Do not offer credit for more than six jobs no matter what. A good track record should be over at least six months.

Don’t complain
There are many Notaries who have gone out of business because there is too much competition for too few jobs. If you are getting paid, getting experience, and staying afloat, you are ahead of the game. Many Notaries have this idea that they should get $125 per signing ever time. Unfortunately, it no longer works like this. So, take what you can get and just do your best! If you get more experience, you will be worth more in the long run. Additionally, the market could have an upswing at any time, so keep a positive thought.

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Notary Public 102’s guide to Notary pricing
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Comments (13)

March 1, 2016

State of the Notary Industry Union Address

Filed under: General Articles — Tags: American Notaries, Minimum Wage, Notarize, Notary College, Notary Industry — admin @ 9:54 am

My fellow American Notaries,
We are living through an extraordinary moment in Notarial history. Technological and social change is reshaping the way we notarize, advertise, drive, and our place in the NotaryVerse. But, as Americans, we’ve been through big changes before in generations past.

Notary jobs no longer pay what they used to pay. American Notaries used to make an easy $125 per signing if they had experience. Now, Notaries are being offered less and less. Instead of weeding out the less qualified Notaries, this price gauging has weeded out the most qualified and desirable service providers in the industry. Despite the problems in the Notary industry, American Notaries are paid considerably more than their equivalents in China, France, India, and other countries where mobile Notaries (and rickshaws) are used. In fact, Notary wages in China are so low, that many Notaries there have to sell fake ID’s just to make ends meet.

The advent of Snapdocs, the Uber of the Notary industry has also contributed to the downward trend in Notary fees, but an upward trend in technology that facilitates the act of hiring and scheduling a Notary. Now with the click of a few buttons, a signing or title company can broadcast a message (commonly referred to as a cattle call) to dozens of Notaries and find one who will take the job.

I would like to take things a step forward and cut taxes for Notaries and their families. I believe that Notaries are working too hard already, and should be rewarded by paying a fair tax.

Additionally, I’ve called on congress to raise the minimum wage for newer Notaries to $63 per signing, plus 11.3 cents per page for eDocuments as well as a 75 cent per nautical mile minimum travel fee, plus a nationwide ban on fax-backs. If you look at what the average service provider in this industry makes — call him “Joe, the Notary,” it is well below what Notaries of your parents’ generation used to make and it just isn’t fair. Notaries work hard, and deserve a fair wage and deserve to not be micromanaged — unless they are brand new in the field or make mistakes.

I want to make admission to Notary college more affordable. Spotting fake ID’s from China 101 is a course every American Notary should take. If Notaries had this knowledge it would make America a better place and the world a better place (unless you work in a fake ID producing sweatshop in Shanghai.)

Unfortunately, as far as the quantity of jobs being offered in the 1st quarter of 2016, it is the worst I’ve seen. However, 123notary is getting roughly the same traffic it did at this time in 2015. The important thing here is for American Notaries to keep the faith and understand that every cycle has ups and downs. What is critical is to keep developing your skill sets, to keep developing your client base, and to buy a higher spot on 123notary!

For all challenges we face, the truth is that no country on Earth is better equipped to handle the future of Notary work than the United States. If we can deal with this temporary and acute shortage of Notary signings, there is nothing that American Notaries can’t do!

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Trump – Making American Notaries Great Again
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Comments (0)

April 22, 2015

Point (28-30) Beneficial Interest; Negligence; E&O;

Filed under: (2) Technical and Legal — Tags: 30 point course — admin @ 10:53 pm

Marcy had to go back to the hospital to notarize Esmerelda, the old lady who could barely talk. Her family assured Marcy that it would be okay this time. Marcy wanted her travel fee in cash at the door. She explained that if the signer was not fit to be notarized, she would legally have to decline notarization, but didn’t want to have any issue getting her travel fee should she decline. A month back, she drove an hour to a jail, waited for another hour only to be told that the inmate had been moved. The client who met her there didn’t want to pay a travel fee because Marcy “didn’t do anything.” Additionally, Marcy would have a beneficial interest in getting the document signed if she didn’t collect her travel fee at the door. She would want it to be signed so she could collect her $30. In any case, they paid Marcy her travel fee. Esmerelda was able to communicate and actually did understand the document. She summarized it. Marcy was able to do the Signature by X procedure and get her notarized that evening.

An hour after the hospital notarization, Marcy had a loan signing. At the signing, the borrower asked about the pre-payment penalty. Marcy found it in a snap since she had been studying what information is in what document (like all good Notaries should.) But, Marcy started to read the pre-payment penalty to the borrower and even explain what the terms of that part of the agreement meant. Marcy had overstepped her bounds. She knew she couldn’t give legal advice, but she wasn’t aware that explaining a prepayment penalty could be construed as legal advice. Luckily for Marcy, the Lender gave her a quick lecture on not giving legal advice, and Marcy was very careful from that moment onwards.

After Marcy’s two jobs, she came home only to find Patricia waiting for her on the front porch. Patricia had something urgent to tell her. One of Patricia’s other friends who was a Notary was getting sued, and her E&O insurance wouldn’t help. Marcy asked why. Patricia said that the error was not a Notary error, and that E&O only insures you against Notary errors or omissions. It was the Lender who made an error, and the borrower was suing everyone in sight. Even the Notary who had nothing to do with it. It would have cost this Notary $30,000 in legal fees to defend herself from this angry borrower. Then Patricia told Marcy what a Hold Harmless Agreement is. The Lender has their documents, but if you make the borrower sign a Hold Harmless, that can prevent them from suing the Notary as they agree not to hold the Notary responsible should anything go wrong with their loan. Patricia was a great source of knowledge tonight. So, Marcy consulted an Attorney and got a quick Hold Harmless Agreement written out, and she kept a stack of them in her car so she would be sure to have one for every loan signing form that day forward. She didn’t want to end up like that other Notary! Good God!

Point (28) Beneficial Interest
It is illegal to notarize a document that you have a Beneficial Interest in. But, what constitutes Beneficial Interest? If you or a close family member is named in the document as someone who will receive money, or privileges, then you could be said to have Beneficial Interest. If you would gain in any way from the document being signed, you have Beneficial Interest.

One interesting twist on this concept is that Notaries who get a travel fee don’t always collect the fee in advance. If you are in front of the signer who doesn’t have proper ID, and they ask you to notarize them anyway or you won’t get your travel fee, then you have Beneficial Interest. You won’t get your $35 if you don’t comply with their illegal requests. As a Notary, you are expected to uphold the law, and if your travel fee rests on you bending the law for someone, you are not only encouraging yourself to do something questionable, but you have Beneficial Interest in the document being signed which is purely illegal.

Financial Interest means that you will benefit financially from a document being signed, while Beneficial Interest means that you will benefit in one way or the other — perhaps financially, or perhaps in some other way.

Point (29) Negligence
What constitutes Notary negligence?

Failure to administer an Oath
Failure to take a thumbprint in your journal for a deed or Power of Attorney
Failure to identify the signers
Failure to inspect signatures
Failure to make sure signer signs in front of you for a Jurat
Failure to completely fill out a journal entry

Point (30) E&O insurance

Many companies want to hire Notaries with E&O insurance. It makes the Notary look more professional and covered. In real life, it protects you only from honest mistakes on notarizations. Most of what you are doing involves overseeing large business deals that get sent back to the lender via courier. Most of the problems you could encounter might include signing the wrong way (even though it might be notarized correctly), getting documents back late, a missing bank check, cross-outs, no-shows, or other mistakes. Notary errors on notarized documents might account only for 25% of the problems that occur in signings that could lead to damages.

If the Lender makes a mistake that causes the borrower damages, you could get sued, and E&O will not cover you since YOU were not the one who made a mistake AND because it is not a Notary mistake. One of our Notaries dropped out because she got sued for more than $100,000, because of some fraud that the Lender was accused of committing. The borrower was so angry that they want to sue everyone in sight regardless of fault. Unbelievable!
–
Additionally, in 2013 Notaries who had enormous E&O packages were being sued on a regular basis. You are like a guy in a Mercedes driving around a slum. You have the word “Target” written on your forehead and taped to your back. Sooner or later you will get mugged. Think like a Ninja. You don’t get mugged — you mug THEM!

My advice is to think carefully before investing in a handsome E&O package. If it will land you a good account with Chicago Title, then do it. Otherwise, it might make sense to have a smaller E&O premium and have all of your borrowers, Lenders and signing companies sign a HOLD HARMLESS agreement. The agreement should be drafted by an Attorney and could state that if there are any damages by negligence or omissions by the Notary, that you (the Borrower or Signer) will not hold the Notary responsible.

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September 19, 2014

How to become a successful mobile notary from scratch

Filed under: Marketing Articles,Popular on Facebook (comments),Popular on Facebook (shares),Popular on Facebook (very),Popular Overall — Tags: Become a mobile notary — admin @ 8:57 am

Anyone can become a successful mobile notary. The field is wide open. On the other hand, since it is so easy to become a mobile notary, many people do it which causes a lot of low priced competition. However, those who are very good at this profession seem to do well with it even in bad times. As of 2014, business is slow, but you can still have a nice part time income doing mobile notary work. Additionally, eventually the industry will pick up, and you might find yourself earning more money than you expected!

Step 1. Become a Notary
If you are not a notary, you can easily become one. It is a bit harder in CA, NY, LA, and FL where there are examinations, but talk to your state notary division about how you can become a notary for your state.

Step 2. Learn the ropes: Jail, Hospital & Mortgage Signings
Being a mobile notary is more than just hauling your stamp around with you in your car. You need to know how to handle typical situations that mobile notaries have to deal with. Mobile notaries who do well typically are experts at jail signings, hospital signings, and loan signings. Notaries who work in an office don’t need to know much about jail signings, because inmates can’t come to you, and neither can those with an IV tube stuck up their arm. But, if you are on the road, these are situations you have to know about. There are many identification and communication issues associated with jail and hospital signings that can get you in trouble if you don’t know. On the other hand, you can make a huge travel fee doing these types of specialized mobile notary tasks that the other notaries don’t know how to do (or want to.)

Mortgage signings
Signing loans can earn you big bucks. Signers make anywhere from $50 to $150 per signing. Fees fluctuate with the market and depend on who you are doing business with and how good you are. If you have a lot of experience and have many loyal contacts, you can set your minimum fee at $100 or $125 per loan signing if you are any good. You will need to know some basic Mortgage terms, and know the basics about 10-20 basic documents. You need to know where to look for the Rate, APR, prepayment penalty, when the first payment is due, where the fees are, and other basic information. You need to know how to handle name variations, initialing and borrower objections to problems in the loan. You need to know who to call when a loan signing is on the rocks. Signing loans is not rocket science, but there are concepts you need to Master.

Take our course!
http://www.123notary.com/loan_signing_courses.html
How can you learn about all of these complicated and scary types of signings? 123notary offers a comprehensive loan signing course that covers all of these issues in detail. Additionally, you can get free detailed information in our blog about all of these topics. Just browse around the categories on the right and read to your heart’s content!

Step 3: Active Marketing
Getting work as a mobile notary is a bit hard at first, but you can do it. Contact a dozen or more signing & title companies each week and get on their list. They will want copies of various types of information and a signed contract, so ask them what they want, and give it to them. You can also give your business card out to local nursing homes, hospitals, Real Estate offices, law offices and anyone else you can think of who might need a mobile notary.

Step 4: Passive Marketing
Advertising on the major directories is a good practice. Notaries often ask on Linked In which directory they should join. My standard answer is to join all of them, but not necessarily to pay for all of them. The strongest players in 2014 are 123notary.com, NotaryRotary, NotaryCafe, and SigningAgent.com lost a lot of steam recently, but is still in the game. If you join other directories, I don’t recommend paying for them as they don’t have a good track record. You can go on Linked In to research what the notaries say are the better notary directories too for an unbiased point of view. Hard copy yellow pages for your local area may or may not get you work — it is worth a try if you are serious though.

Being listed on the big directories is not enough. You need to maintain your listing like a pro. Fortunately for you, I am here to offer you free mentoring by email, so don’t panic! You need a well written notes section, a company name helps, reviews from your satisfied clients, and try to pass as many certifications as you can.

Step 5: Who to get certified by?
My rule is that you get certified by every loan signing directory that you pay to advertise with — even if that means that you get certified five times. I am currently recommending:

(1) NNA’s certification as it is an industry standard
(2) 123notary’s certification if you get paid advertising with us as notaries who get this get 2.5x the work from our directory
(3) notary2pro’s certification (although not an industry standard) is very high quality, they offer hand holding, and the learning you will get from it justifies the cost.

Step 6: Screen companies you work for
Many signing agents drop out because they worked for the wrong companies, didn’t get paid, and suffered financially. Don’t let this happen to you! Use our list of signing companies (which includes reviews) and avoid working for signing companies with a high ratio of negative reviews. Additionally, don’t do too many jobs for a particular company until they have paid you for previous jobs. Decide ahead of time how much credit you are going to give them and don’t let them run up a bill beyond your limit.

Step 7: Become an expert at scheduling and negotiating
You need to be constantly refining your skills to do well in this business. Although there is a lot of competition, few of them have refinement. Scheduling is a hard task, and you need to juggle when the e-Documents are supposed to come, when your signing is, and when the next signing is. e-Documents don’t always come on time, so learn to juggle well. Negotiating good fees is also an art form, so pay attention to our blog articles as from time to time we have articles about how to negotiate.

Step 8: Get a high spot on 123notary
We make our money selling high spots on our directory. We generally discourage people from getting a high spot until they have passed our certification test and have at least a review or two. But, if you are serious and want to get ahead, call us and ask how you can get a high placement in your area. We are often very flexible and offer six month trials to those just starting out. The Title & Escrow companies who use our site know that those who purchase high spots on our directory are serious, and those notaries generally get a lot more quality jobs from our site than those with low spots.

Professional backgrounds that help
If you have a background in Mortgage, Escrow, Loan Origination, or Lending, this can really help you do better in the mobile notary business as you will be working a lot with Mortgage documents. However, don’t fool yourself into thinking you know more than you know. Many Mortgage Brokers assure me that they know their stuff and don’t need my test. When I ask them simple loan signing questions over the phone, they can only answer half of the easy ones. Go back and study and master the art of the signing. Your background does help you, but your over-confident attitude can really ruin your career. Additionally, it is very different being on the Notary side of the table than it is being on the Lender or Broker side of the table. Try to learn this profession from out point of view.

Real Estate backgrounds do not help as much as Real Estate Brokers claim. You are not anywhere near as familiar with the documents as you claim. As a matter of fact, those with Real Estate experience cannot answer simple loan signing questions any better than those with no Mortgage or Real Estate experience. Approach this profession as a beginner and learn the ropes one by one. The people skills you learn from being a Realtor on the other hand, can really help you. General business skills and being businesslike help more than any technical knowledge you may have acquired in your former professional life.

Don’t be afraid to ask if you need help
And as always, 123notary is there to help! If you have questions, don’t be afraid to ask!

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November 4, 2013

How much can a California Notary Public Charge?

Filed under: California_Notary,Popular on Twitter 2013,SEO — Tags: CA Notary, california notary, California Notary Fees, California notary public, Maximum notary fees, Notarized Signature, Notary Public California, notary service, Notary Service in California — admin @ 7:07 am

Notary Public California: What does a California Notary Cost?

Looking for notary service in California? The price for notary work in California is based on state government set maximum notary fees. The exact fee might depend on the particular act. Please remember that a California Notary Public charges you for each notarized signature. If you have one document where you are being notarized twice, then you pay two notary fees. Additionally, many California Notaries are in the mobile notary business and might offer you the convenience of coming to your office, hospital, home, or jail cell for an additional travel fee on top of the California notary fees.

You can visit
http://www.123notary.com/california_notary/
For detailed information about California Notary Fees as well as California Notary Public search functions.

CA Notary — maximum notary fees
Acknowledgments – $15
Oath or Affirmation for a Jurat – $15
Certified copy of a Power of Attorney – $15
Administering an Oath for a Witness – $7
Taking a Deposition – $30
Apostilles & Authentications – Refer to Secretary of State Website

Please note that a notary is not required to charge the maximum allowed notary fees. They are welcome to notarize your signature for free, or for a nominal fee if they like. Find a great California mobile notary on 123notary.com!

(1) A California Notary can charge $10 per signature for Acknowledgments & Jurats. But, what about other acts?

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August 16, 2013

Notary Fines & Notary Penalties (gulp)

Filed under: Legal Issues,Technical & Legal — Tags: california notary, California notary public, Notary, notary commission, Notary division, Notary fine, Notary fines, Notary Penalties, Notary Penalty — admin @ 2:30 am

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

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May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

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