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July 4, 2023

Mobile Notary: The Perks of Flexibility

Filed under: General Articles — Tags: , — Tom Wilkins @ 12:00 am

In today’s fast-moving world, convenience and adaptability are key to success. This applies to multiple industries, including the notary business. The emergence of mobile notary services has created exciting opportunities for professionals in the field, enabling them to provide their services while on the go. Moreover, this shift offers numerous benefits for both notaries and clients. This article will discuss the benefits of becoming a mobile notary and how flexibility can vastly improve business practices.

Accessible Anytime, Anywhere

One of the primary benefits of becoming a mobile notary is the ability to provide services wherever and whenever needed. Unlike traditional notaries who operate from fixed locations, mobile notaries can travel to clients’ homes, offices, or any other designated meeting place. This accessibility ensures that individuals and businesses can notarize their documents without the hassle of travel or time constraints.

Enhanced Customer Convenience

The mobile notary profession revolves around providing top-notch customer service. By offering flexibility in location and availability, mobile notaries make it easier for clients to have their important documents notarized. This convenience becomes especially valuable for individuals with mobility limitations, busy professionals, or those living in remote areas. Mobile notaries eliminate the need for clients to adjust their schedules or commute to a notary office, providing a stress-free and efficient notarization experience.

Versatile Notarial Services

Mobile notaries offer a wide range of services beyond the traditional scope of notarization. These services may include administering oaths and affirmations, witnessing document signings, and facilitating loan signings. By expanding their repertoire, mobile notaries become versatile professionals capable of meeting diverse notarial needs. This versatility increases their marketability and ensures a steady stream of clients seeking their services.

Building Personal Connections

As a mobile notary, you can build personal connections with your clients. Meeting them in person establishes trust and rapport, which is crucial in any service-oriented business. Mobile notaries often work with repeat clients who appreciate the convenience and professionalism they offer. You can establish a strong reputation and generate positive word-of-mouth referrals through these personal connections, further expanding your client base.

Flexibility in Scheduling

Flexibility in scheduling is another significant benefit of becoming a mobile notary. You can set your working hours and take on as many or as few assignments as possible. This flexibility allows you to balance personal commitments, such as family or other part-time jobs, while maintaining a fulfilling mobile notary career. Whether you prefer working during weekdays, weekends, or evenings, the choice is entirely yours.

Independence and Autonomy:

As a mobile notary, you can be your boss. You can establish your own business, set your rates, and choose the clients you want to work with. This independence allows you to shape your career according to your preferences and goals. You can focus on specific industries or niche markets, positioning yourself as an expert in certain notarial services. The autonomy of being a mobile notary allows for a rewarding and fulfilling professional journey.

Unlocking Your Potential as a Mobile Notary

To wrap it up, the benefits of becoming a mobile notary are numerous, from flexibility and convenience to generating additional income. Not only is it a comparatively low-stress job, but you can also have the pleasure of helping other people with their more significant jobs.

As a mobile notary, the world can be your office! Whether you work from home or in the heart of it all, you’ll have access to clients no matter where you go. Whether for personal or professional matters, you’ll be able to provide an invaluable service to those who need it—and make money in the process! What’s more, you can find yourself in unique and lucrative opportunities—all with minimal overhead costs. So why wait? Get out there and start to market your notary business today!

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May 19, 2023

Mobile Notary Etiquette Tips

Filed under: Etiquette — Tags: , — Tom Wilkins @ 12:00 am

Mobile notaries are professionals who play a crucial role in facilitating the signing of legal documents. They travel to their client’s locations to witness and notarize documents, saving clients the hassle of traveling to a notary public office. As a mobile notary, it is essential to maintain a high level of professionalism. In this article, we will share some tried and true mobile notary etiquette tips that will help ensure the notarization process runs smoothly.

Dress Professionally

As a mobile notary, it is important to dress professionally when meeting clients. This creates a good first impression and sets the tone for notarization. Dressing in business attire and wearing a name badge is recommended to identify yourself as a notary. Dressing professionally is one of the most important mobile notary etiquette tips you should follow.

Be Punctual

Clients appreciate punctuality, and it is a sign of professionalism. As a mobile notary, ensure you arrive at the scheduled time or a few minutes early to avoid delays and inconveniences.

Communicate Effectively

Effective communication is key in any professional setting. When dealing with clients, it is important to communicate clearly and concisely, using simple language they can understand. Listen attentively to their concerns and address them appropriately.

Bring Necessary Supplies

Ensure you have all the necessary supplies for the notarization process, such as a notary journal, seal, stamp, and pen. Also, ensure these supplies are in good condition and comply with the relevant state laws and regulations.

Check Client Identification

Before notarizing any document, verifying the client’s identity is important. Ask for a government-issued ID such as a driver’s license, passport, or state ID. Check that the ID is not expired and that the name and photo match the client.

Stay Impartial

As a notary, it is important to remain impartial and not take sides in any transaction. Your role is to witness and notarize the document, not to provide legal advice or express personal opinions.

Maintain Confidentiality

Clients trust notaries to keep their information confidential. Ensure that any personal information the client provides is kept confidential and not shared with any third party.

Explain the Notarization Process

Clients may need to be more familiar with the notarization process, so it is important to explain it to them. Let them know what they need to do, what you will do, and what to expect after completing the notarization process.

Be Flexible

Mobile notaries often work with clients who have busy schedules. Therefore, it is important to be flexible and accommodate the client’s schedule as much as possible. This may involve working outside regular business hours or traveling to remote locations.

Keep Accurate Records

As a notary, you must keep accurate records of all notarized documents. Ensure you complete the notary journal, including the client’s name, date, type of document, and any other relevant information. Also, ensure that you keep the journal in a safe and secure location.

Proper Etiquette Will Improve Your Reputation

In conclusion, mobile notaries play a crucial role in facilitating the signing of legal documents. To maintain high professionalism and etiquette, it is important to dress professionally, be punctual, remain impartial, maintain confidentiality, and be flexible. By following these mobile notary etiquette tips, notaries can provide exceptional services to their clients and build long-lasting relationships. For more notary tips, check out this article on how to be a successful mobile notary.

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May 12, 2023

Scheduling Tips & Tricks for Mobile Notaries

Filed under: Beginners Corner — Tags: , , — Tom Wilkins @ 12:00 am

As a mobile notary, you’re always on the move, witnessing and verifying legal documents. But between the hustle and bustle, you must ensure your schedule is organized and efficient to keep your business booming. That’s why we’ve created this fun and informational guide to help you master your time management skills. Here are eight scheduling tips & tricks for mobile notaries to make scheduling a breeze!

Color Code Your Calendar

Add a little pizzazz to your planner by color-coding your appointments. Assign different colors to appointments, like signings, client meetings, or personal time. This visual cue will help you quickly see what’s coming up and better prioritize your time.

Set the Stage with a Pre-Scheduling Routine

Before diving into scheduling, create a pre-scheduling routine. Start with a cup of coffee or a quick workout to energize your body and mind. Then, review your emails and texts for appointment requests, and list them. Finally, check your calendar and start scheduling appointments, ensuring you have enough time to travel between locations.

Embrace Digital Tools

Ditch your paper planner and go digital! Use scheduling apps like Google Calendar, Calendly, or Doodle to manage your appointments easily, set reminders, and sync your calendar across all your devices. Some apps even allow clients to book directly, saving you time and preventing double bookings.

Schedule Buffer Time

Keep your schedule manageable. Allow buffer time between appointments to accommodate delays like traffic or document revisions. This extra time will help you stay on schedule and make your clients happy.

Prioritize Client Locations

When planning your day, prioritize appointments by location. Group clients that are close together to minimize travel time and reduce fuel costs. Use a mapping app to help you find the most efficient route and maximize your productivity.

Establish Clear Communication Channels

Ensure your clients know the best way to reach you via phone, email, or text. Establish a preferred communication method and stick to it. This will help streamline communication, making it easier for you to manage appointment requests and confirmations.

Don’t Be Afraid to Say “No”

As much as you want to accommodate every client, sometimes it’s impossible. Don’t be afraid to say “no” when you’re overbooked or the appointment is too far out of your way. It’s better to provide quality service to a few clients than to stretch yourself too thin and risk making mistakes.

Take Time for Yourself

Lastly, remember to schedule some personal time for yourself. Whether it’s a lunch break, a workout session, or a day off, you deserve some downtime to recharge and refocus. After all, a happy notary is a successful notary!

Master Your Schedule and Make Your Life a Notary Party!

By following these scheduling tips & tricks for mobile notaries, you’ll be well on your way to becoming more organized. Want to take your notary game to a whole new level? Check out these time management tips for mobile notaries. So, what are you waiting for? Get out there and start planning your notary party today!

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March 17, 2023

How to Be a Successful Mobile Notary

Filed under: Become a Notary,Beginners Corner,Notary Public 101 — Tags: , , — Tom Wilkins @ 4:17 pm

Working as a mobile notary is an attractive option for those who find the idea of clocking 8 or 9 hours daily at the same location with the same people more than a little stifling. Mobile notaries get to work with a diverse group of people and aren’t stuck at one location constantly. Of course, the drive is only one part of the answer to being a successful mobile notary. Read on for some key tips on turning that dream into a practical reality.

Develop a Plan

People don’t open a restaurant or even launch e-commerce stores without making a plan first. Being a mobile notary isn’t a traditional business, but it most certainly is a business. You should treat it that way and make a business plan.

You can find templates for business plans in many places online, such as the Small Business Administration. Minimally, you need some ideas about what services you’ll offer, the service hours you’ll keep, your expected expenses, and a fee schedule.

Give particular thought to where and how you’ll market your services. Will you get yourself listed in an online notary directory (you should) or focus more on local publications to advertise your services? You’ll probably want a mix of online and offline marketing.

Diversify Your Service Offerings

Many new mobile notaries will focus all their attention on the loan signing aspect of notary services. While these assignments can prove profitable, the payment timeline is extended. You can wait up to 45 days before you see any money.

Consider offering other services directly to consumers in your community. For example, you can offer signature witnessing or copy certification, assuming there is enough work and you can charge enough per notarization to justify it. If nothing else, these other services can help you maintain a positive cash flow

Make Strategic Alliances

New notaries often view other notaries or businesses offering notary services as their competition. There is a kernel of truth in that, but it also limits your business unnecessarily. For example, you’ll want to limit the distance you will drive to offer your services. You can set up an informal agreement to recommend that people use a different notary if they’re outside your driving radius and vice versa.

Pick Your Customers

A common mistake that many new business owners make is that they assume every customer is good. That’s not always the case. For example, a customer that wants you to make a long drive two or three times a month for a low-paying service isn’t a good fit.

As a rule, you must balance your costs and the value of your time against what you get from a customer. Spending an hour round trip for a job that only pays $25 isn’t profitable. You want customers who make it worth your while to make the trip by getting higher-paying services or bundling together several lower-paying services.

How to Be a Successful Mobile Notary

The question of how to be a successful mobile notary requires several things from you. Minimally, you need a business plan to focus your efforts. You’ll want to offer a mix of services to capture immediate profit from consumers and higher-paying work like loan signings. Think about making strategic alliances. Finally, pick customers that value your time and make it worthwhile to make the trip.

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February 23, 2023

Businesses That Need Notaries

Filed under: (6) Marketing,Advertising — Tags: , — Tom Wilkins @ 5:38 pm

Are you wondering which types of organizations to target when spreading the word about your notary business? After all, there are plenty of businesses that need notaries on a regular basis, but others that might be less interested.

Essentially, any company that deals with legal transactions or documents of any kind will need notary services every now and then. Here are a few types of businesses most likely to require your services.

Real Estate Agencies

There are a great many legal documents involved in real estate transactions. This is true, especially if the buyer is taking out a mortgage. That’s good news for you as a notary—in most states, your services will be required by law.

In a real estate transaction, you’ll serve as an impartial witness. It will also be your responsibility to check and affirm the signatures of all the parties involved. The duties may vary from state to state, so ensure you know what’s expected of you in these cases.

Law Firms

It goes without saying that many legal documents require notarization. Paperwork granting power of attorney, trust documents, and wills are a few examples.

Many lawyers try to hire paralegals who are already commissioned notaries. That way, the employee can add notarization duties to their list of regular tasks. But if no one in-house can do it, the attorneys must commission notary services.

Banks, Mortgage Lenders, and Other Financial Institutions

As we pointed out, loan and mortgage documents require signature verification. The same goes for other financial agreements as well. That means financial institutions will need notary services on a regular basis.

It was common for banks to employ on-staff notaries to provide free services to their customers (sometimes even walk-ins). However, with the rise of online banking, this practice is rare. This works out well if there are a lot of banks in your area constantly seeking outside help when notarizing documents.

Healthcare Providers

You might not think of medical offices as businesses that need notaries. But the truth is, any business that deals with legal documents needs to have a notary on call.

In addition to power of attorney documents, certain medical consent forms must also be certified. Otherwise, it would be difficult to prove whether or not the patient consented to the transfer of power—or the medical procedure itself.

Government Agencies

Here’s a partial list of government documents that might require notarization:

  1. Immigration forms
  2. Oaths
  3. Affadavits

It’s always important to avoid the pitfalls of a forged signature notarized document, but you must be careful when dealing with government documents. Always ensure the person signing the document has the proper identification, and check all the dates and sections of the forms carefully before notarizing.

Employment Agencies

Some employers require drug tests and background checks before they make an official job offer. In these cases, the employment agency might enlist a notary to verify those documents to cover all their legal bases.

Small Businesses

Just because a company is small doesn’t mean it’s entirely self-sufficient. Many businesses that need notaries are very small, like mom-and-pops. Even the smallest businesses have contracts and other agreements that require notarizations occasionally. So get out there and spread the word about your notary business today!

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February 3, 2023

10 Mobile Notary Safety Tips for Beginners

Filed under: General Articles — Tags: , , , , — Tom Wilkins @ 8:00 am

Becoming a notary in your state can be a lucrative career path for entrepreneurs and those who want to help their communities. Mobile notary services have become quite popular in recent years. Experienced notaries know that mobile services expand business opportunities. Still, they also know that there are specific safety guidelines that mobile notaries need to pay attention to while on the go.

If you’re considering offering field service as a notary, below are ten mobile notary safety tips for beginners:

1. Always verify the identity of the signer before conducting any notarization

As a notary, it’s your responsibility to know who you’re dealing with, but this can be especially difficult when providing mobile notary services. You may be called to various locations with multiple people present, so verify the identification of all signers. You can do this by checking state-issued ID cards, driver’s licenses, military ID cards, or other forms of acceptable official identification.

2. Ensure the document being notarized is legitimate and that all information is filled out correctly

Documents you notarize need to be validated as legitimate before completing the notarization process. Different documents may require more intensive verification than others, so always ensure you know what documents you’ll be dealing with before heading to a notary job. This will allow you to be prepared if certain documents need additional verification to be performed beforehand.

3. Always use a tamper-evident seal or stamp on the document

The seal or stamp you use should include some tamper-evident features. Consider taking photos of any seal you place upon documents within the bounds of the laws that govern notary services in your state. This can be helpful if evidence needs to be provided later to verify the original marking.

4. Keep a detailed journal of all notarizations performed

It’s also a good idea to keep a detailed journal of each day’s service calls. Each entry should include the date, time, and location of services performed, and you should also consider including contact information for any parties with whom you have contact. Your journal entries can help if you need to verify information in the future, and it can also be helpful if you bill customers instead of collecting payment at the time of service.

5. Be aware of your surroundings and stay alert for any suspicious activity

Among other mobile notary safety tips for beginners, it’s vital to be aware of your surroundings when in the field. Pay attention to suspicious activity, and always put your safety and security first. No job is worth your life, so pay attention to potential threats in the area. You can also research locations online before arriving to get a better understanding of an area’s layout.

6. Use a GPS-enabled device to track your location

In keeping with the above, ensure GPS tracking is enabled on your smartphone or a dedicated GPS unit in your vehicle. These devices help you find locations faster, but they can also be used to provide important information to authorities if you can’t be contacted after responding to a service call. It’s also recommended to share your schedule with a trusted friend, family member, or colleague and check in with this person throughout your work day.

7. Do not carry large amounts of cash or valuables with you

You only carry small amounts if you accept cash payments as a mobile notary service provider. If you have a busy day, plan some time between service calls to deposit cash at your bank. In the unlikely event that you get robbed, or you lose the cash on your person, you’ll be thankful that you didn’t carry a large sum of money. You can also limit the amount of jewelry you wear to service calls to minimize your risk of being robbed.

8. Be familiar with the notary laws and regulations in your state and adhere to them at all times

As a mobile notary, you have unique obligations and responsibilities. Your role is recognized by authorities to serve the public with integrity; to do this, you need to know the laws that govern notary services in your state. These laws may include regulations about what documents you can notarize, where notarizations must occur, whether multiple witnesses must be present, and more.

9. Keep your notary commission and identification with you at all times

Mobile notary professionals must always keep their commissions and IDs on them. Having these documents with you is important if a customer asks to see them, but you may also be asked to provide them to authorities. In addition, providing mobile notary services often means going into unfamiliar areas, so it’s wise to have records available to show that you belong in places where you don’t live.

10. Use a secure method of payment and avoid accepting cash

Accepting cash is convenient and quick, but it can also be a liability for mobile notaries. Instead of accepting cash transactions, consider using a digital point-of-sale system. Today’s point-of-sale systems integrate with the web through smartphones, allowing you to accept cards and digital payments without having to handle paper money.

Mobile Notary Safety Tips to Protect You and Your Clients

Remember, as a mobile notary, you are responsible for the safety of yourself and others. By following these ten mobile notary safety tips for beginners, you can help ensure a safe and enjoyable experience for everyone involved in the transaction.

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January 23, 2022

The Notary, The Mafia & The Fedex Drop Box

This was originally published many years ago.

An uneventful signing
It was a gray Monday afternoon in the first week of November. Kary went to her signing with the Thompsons. They signed the documents without too much reading or complaining. Kary had one other signing after that. When all was done, she made her way to the Fedex drop box. She had a habit of always going to that same drop box. It was near her home, and it felt like a safe place to go at night, being a single woman.

Luckily for her she was nowhere near the San Diego mayor’s office.

The Sopranos were en route to the same location she was
This poor woman’s luck — she ran into someone who was still mourning the loss of the great James Gandolfini AKA Tony Soprano. He was such a fan of the show that he decided to pull a mafioso type move on this poor unexpecting woman. This thug Tony Baritone had been in the drug trade for years, but wanted to step it up a notch. His old M.O. was meeting for the swap in a dark alley, giving them the briefcase, taking the package — you know the drill. But, he wanted to do it more like they do in the movies this time. This was his first attempt at simulating the panache of his television alter-ego.

Just about to drop the FedEx and…
So, this woman was just about to drop her package in the box. Her finger was on the handle of the box. She noticed a large garbage backing up about 50 feet away. She disregarded the truck whose distinctive oder was wafting her way. She put the Fedex in the Fedex drop box, and then proceded back to her car. The garbage truck nearly ran her car off the road as she left her parking space. It was so abrupt, she stopped the car to get out and see what this maniac’s problem was.

The garbage truck backed up
The truck had backed up almost into the Fedex box, and had jaws that clamped the Fedex drop box and tore it from its bearings and lifted it into the truck. The woman started screaming, “What are you doing? Are you crazy?”

Blonde #2 appears
Then another blonde lady appeared out of nowhere who looked almost exactly like the notary. She was the same age, same hair color, and same height, and also had a Fedex package that she wanted to drop. The other lady looked very puzzled. She said to herself, “Wait a second, my instructions were to put the Fedex in the drop box and leave — but, that truck just took the Fedex drop box away!” Blonde #2 (also an unnatural blonde) was unbeknowingly carrying $10,000,000 in drug money that she was to deposit in the Fedex box — which was to be removed by the garbage truck. But, their plan got foiled.

We have to get rid of the witness
The driver said to his friend, “We have two problems — the money is not in the Fedex Box, AND, there’s a witness. We need to get rid of the witness, but I can’t tell them apart.”
His friend said,“You have to look for the roots, real blondes have roots — our blond is a real blonde!”
Driver: “No she ain’t, I’ve seen the broad before, she has a different hairstyle every several months”
Friend: “So, you can tell the two chicks apart!”
Driver: “Not from this distance without my glasses. Let’s get my money first. The broad with the package has the money.”

The mafia chases the blonde
So, the driver and his friend jump out of the truck (which is parked in the middle of the boulevard) and run towards the blonde with the Fedex. The irony is that she doesn’t know that they are the intended recipients of the package because her instructions were only to “Put the Fedex in the drop box”. So, she runs away from these scary people — who are actually her boyfriend’s best friends, and the ones who gave the $10,000 to her boyfriend to pay her to do the drop. Meanwhile the notary lady decides to chase after these scumbags to get them to give her package back.

She loses them and then finds them
In the heat of the chase, she loses them, and then finds them again. The other blonde escapes from these thugs, finds the drop box in the back of the garbage truck, puts it in, and runs away. Meanwhile, notary lady catches up to the thugs, and throws her embosser at them — leaving a raised seal of disapproval (in the form of a bruise) on the now unconscious mafia garbage truck driver’s left temple. The irony of the story is that the character with the concealed weapon is not one the mafia characters, but is the notary who was carrying a stainless steel embosser.

The Notary recovers the loan docs
After that, the driver’s friend ran away and the notary proceeded to the unattended garbage truck to pick up her package. She picked up the highest package in the box in such a hurry, she didn’t realize that she had picked up $10,000,000 in dirty drug money. She gets in her car and drives off with her “loan docs” finally in her possession again. She calls the signing company and lets them know about the problem. Then, she proceeds to her nearest staffed Fedex station — where there won’t be any garbage trucks (let’s hope). She pats the package in glee to have gotten it back after a small altercation. But, she notices a distinct bulge in the package that didn’t feel like loan documents.

But, what she had was not really the loan docs after all
The five seconds after she realized that her loan documents were not in her possession, she saw a large garbage truck driving down the street.

Mental note to self: “Take out the garbage”

Tweets:
(1) A notary bumps into Toni Baratone at a FedEx drop box
(2) The garbage truck tore the FedEx drop box from its bearings and took it away!
(3) “We need to get rid of the witness, but I can’t tell the 2 blondes apart”
(4) The Notary takes $10 million in drug money to the Title company by accident.

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January 16, 2022

Quiz: You know you’re a good Notary when you…

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

.

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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You might also like:

Does 123notary have the authority to quiz people?
http://blog.123notary.com/?p=19469

Notary Public 101 Quiz Questions
http://blog.123notary.com/?p=19520

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

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

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June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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