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February 1, 2012

Do I notarize every page of a document?

Filed under: Legal Issues,SEO — Tags: Loose notary certificate, Notarize every page of a document, Notarizing, Notary, Notary certificate verbiage, Notary certificate wording, Signature section — admin @ 9:28 am

Do I notarize every page of a document?

As a notary public, you notarize signatures on documents. Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.

What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page. Where do you attach a loose certificate if a signature is in one of the middle pages of a document? It is normal to add notary certificates at the end of the document. It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form. Other notaries might use one certificate form to notarize all signatures in the document. Which way is correct? That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person. There might be separate agreements inside the same long document, making them more like separate documents that have been connected.

You can not notarize every page of a document. However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact. This is a very prudent practice and I recommend it.

You might also like:

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

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

Can a notary help draft documents?
http://blog.123notary.com/?p=2047

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Comments (2)

November 29, 2011

What is a Magistrate?

Filed under: Legal Issues — Tags: Magistrate, What is a Magistrate — admin @ 6:32 am

What is a Magistrate?

A Magistrate is an officer of the state that has similar powers to a Judge, Justice of the Peace, or Prosecutor. Since this blog is written from the perspective of the notary public industry, a Magistrate can often perform the same types of acts that a Notary Public can such as Acknowledgments, Jurats, Oaths, Affirmations, etc.

Origins of the term Magistrate
The office of Magistrate originates from ancient Rome, where a Magistrate was one of the highest offices, by definition. These Roman Magistratus were so high in office, that they were only subordinate to the legislature, and they were normally members of that group as well. These Roman Magistrates had Judicial and Executive powers.

Magistrates in the US
In the United States a Magistrate is generally a type of independent judge who is capable of issuing warrants, reviewing arrests, who can do a hearing and make decisions based on a particular matter. Magistrates on the state level usually handle cases not exceeding a particular dollar amount — hence handling smaller matters.

Where can I learn more about Magistrates?
Please contact your Secretary of State in your particular state, or visit your state’s notary division website, as they sometimes have information about this profession.

You might also like:

Read about the office of Justice of the Peace
http://blog.123notary.com/?p=103

Information about various notary procedures
http://blog.123notary.com/?p=2268

Comments (0)

November 24, 2011

How do I get an Apostille or Authentication?

Filed under: Ninja Theme Articles,Notary Acts & Certificates — Tags: Apostille, Authentication, Los Angeles Apostille, Notary Apostille, Notary Authentication, NYC Apostille, San Francisco Apostille — admin @ 12:02 am

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office. Due to budget cuts, Secretary of State Offices are not always closeby, so it can be labor intensive to get to them.

What is an Apostille?
An Apostille CAN BE a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that are NOT members of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from. In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.

Some documents need to be authenticated before you can get an Apostille, while others don’t.

How do I get an Apostille?
You might consider contacting an EXPERIENCED notary who has been through the Apostille process many times. There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.

Q. Can you recommend a few notaries who are experts in the Apostille Process?
A. Yes, below there is list of notaries in various locations who know the process well.

San Diego, CA — Joe Ewing

Los Angeles, CA — Carmen Towles

San Francisco, CA — Glenn Turner

Sergio Musetti — Cotati, CA

New York City, NY — Linda Harrison

Oradell, NJ — Linda Harrison

What is an Authentication?
This certificate accompanies an Apostille. The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.

When do I need an Authentication?
This is a tricky question. Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

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

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

Comments (9)

November 14, 2011

Power of Attorney Signings

Filed under: Power of Attorney,SEO,Technical & Legal,Ultra-Popular — Tags: Attorney in Fact, Banking Power of Attorney, Durable Power of Attorney, Notarizing Signatures, Power of Attorney, Power of Attorney Document, Power of Attorney Signings — admin @ 3:58 pm

Power of Attorney Notary Signings

It is common for notaries to get a job notarizing a signature of a grantor on a power of attorney document. It is also common for a signer who is the attorney in fact to sign documents in their official capacity as an attorney in fact. The problems is that most notaries haven’t a clue how to handle this type of common, yet critical situation.

Types of powers of attorneys
First of all, as a notary public, you are not required to understand the contents of the document. For an acknowledged signature, the signer should be named in the document and should sign it. Other than that, you just need to be sure the signer understands the document, and you shouldn’t have any indication that the document is fraudulent (how would you know anyway?). Their are banking powers of attorney, durable powers of attorney, health care powers of attorney, and living trusts which are a sort of power of attorney. There are other types too, but these are the most common ones.

What does a notary need to know about powers of attorney?
You need to know who a grantor and grantee is. You need to know who an attorney in fact is (= the grantee). You need to know how the attorney in fact signs a document. You need to know that California notaries must take journal thumbprints when notarizing signatures on powers of attorney.

Is the form I am using acceptable?
Notaries may NOT recommend particular power of attorney forms, nor should they assist in filling them out. The notary should look for blanks, and refuse to notarize if there are any blanks in the document. It is not a crime for a notary to have blank standardized power of attorney forms in their briefcase, so long as they make it clear that they are not giving legal advice and not recommending the use of those forms. You might tell the client that they should check with the document custodian (whomever they are submitting the documents to), to see what type of paperwork they will accept. What is legal, and what is acceptable to the recipient are often two different things.

Banking power of attorney
Most banks have their own power of attorney form which is on card stock and leaves about half an inch to squeeze your two and a half inch wide notary seal (how educated of them!). If asked to notarize a banking power of attorney, just do what the client asks within the limits of the law, but for your knowledge, you should be aware that the bank may not accept a power of attorney that they didn’t draft and that the client might be advised to check with the bank before doing any business with a notary public.

How does an attorney in fact sign?
The person who has been granted special powers from a power of attorney is the grantee or attorney in fact. They can sign in two ways that I am aware of. If the grantor is John Doe, and the attorney in fact is Sally Smith, here is how Sally signs on behalf of John.
(1) John Doe, by Sally Smith, his attorney in fact
(2) Sally Smith, as attorney in fact for John Doe

Power of attorney documents at a loan signing
Whether or not the loan will be accepted is hard to say. However, many lenders will require a copy of the power of attorney to accompany the documents.

Acknowledgment Forms
Some acknowledgment forms allow the notary to identify the capacity of the signer. One of the standard check boxes on an acknowledgment certificate form is for attorney in fact, and other corporate offices are sometimes mentioned as well.

You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Notarizing Documents for the Elderly
http://blog.123notary.com/?p=3334

Notarized Affidavits Information
http://blog.123notary.com/?p=1963

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

Comments (0)

August 19, 2011

Excerpts from Great Notes Sections

Filed under: Humorous Posts,Reviews,Your Notes Section — Tags: A, Apostille Processing, california notary, Fingerprinting Expert, illinois notary, los angeles notary, notaries, Notary, notes — admin @ 6:43 am

If you do my job, you will see hundreds and thousands of notes sections written by notaries. Most are very dull and clunky sounding, but a few notaries have really out done themselves and written very classy and entertaining notes. I have been meaining to write this for months, but there were so many other things to do!

Here is one I made up, but never published.
I am a notary public in Egg Harbor, NJ — and I moved here from Broome County, NY. If my town ever gets hit by a hurricane, we’ll have to change the name to Omelette Harbor. And Broome county will get swept off the map!

Here is one from a North Carolina Notary
I am a native New Yorker with Southern Charm. When your closing is crucial, you can count on me to be there on time and conduct the signing just as you would, if you could. (The notary who wrote this really is very patient and charming in real life. I have spoken with him on several occassions)

Here is an entertaining excerpt from a California notary
I have personally witnessed more than 4,500 “kitchen table” loan signings. My satisfied clients include individual borrowers, title companies, escrow companies, and nationwide notary signing services. You can rest assured that I have the know-how to seamlessly handle your important documents as well as your borrowers key questions professionally.

Here is one I pieced together
I am taking a sabbatical for the rest of the year. Give me a call next year please! I’ll be available in October — just mark your calendar.

Here is a really professional sounding one from a California notary
Nine years as a notary and 25 years experience in mortgage banking as an Underwriter and Manager. I am on the approved Notary list of several major Title companies, including First American and the Fidelity Family. Always on time and professional.

Here is an Illinois notary who doesn’t mess around
I have twelve years experience as an Illinois notary and signer doing refi’s, reverse, HELOC’s etc. Fees vary per job requirements, $65 to $250. Terms: Net 30 days, $25 late fee after 60 days, $50 collection fee after 90 days.

Very Impressive
I do Apostille Processing and I am a Fingerprinting expert, and a Notary / Certified Signing Agent. All of my work is 100% guaranteed – ReDo or Refund – Your Choice. A+ BBB rating. I offer twenty-four hour emergency service. My home is in Manhattan and can usually arrive within the hour. I’m Elite certified by 123notary.com and have E&O Insurance. My web site has genuinely useful information about Notary work, Apostille Processing, Embassy / Consular Legalization and Fingerprinting. I invite you to become one of my Key Clients.

Here is part of one from a Los Angeles Notary
For ten years I have served Los Angeles County notarizing: commercial and residential loans, reverse mortgages, first and second mortgages, refinances, helocs, medical records, foreign adoptions, power of attorney, and so on. Apostille, authentication and certification services are also available.

This one is a seasoned professional
Fidelity National Title & First American Approved Notary. Background Clearance updated annually. THE best of the best Notary Loan Signing Agents on the Central Coast of California for your client’s requirements, delivering professional, reliable, error free service to your valuable clients that guarantees an accurately signed loan, every time. Co-author “How to Become a Wildly Successful Loan Signing Agent”. * twenty-four hours seven days a week personal service. * Esigning certified; Emailed documents accepted for same day signing! Have laptop/aircard, will travel to your client. * Professional fully trained Signing Agent qualified in all types of loan closings, residential, commercial and reverse mortgage products. * Loan packages can be accepted in all formats. * Highly Competitive Rates. * Top Drawer Concierge Service! 25 years experience, trained to provide a white-glove service unsurpassed by any other mobile notary! I am a proud member of the California Mobile NSA Network!

Please also visit

Find a notary public in California

Find a notary in Illinois

Paralysis Notary Service: Notary companies with funny names

Comments (2)

April 24, 2011

Business Licenses

Filed under: Business Tips — Tags: Business Licenses, Notaries with a Company Name, Notary Business License, Notary Business Name, Notary Company Name — admin @ 9:52 am

Does your business have a business license?

Having a “real” business like a store or restaurant requires you to have a business license and perhaps some other permits. Being a notary public is easier. You don’t need a liquor license unless you want to offer unique wines from Mendoza that you stash in your trunk to your notary clients. It might help them get through a stressful signing, you never know. But, most notaries do not have a business license, and legally, you should probably have one.

Company names?
Its good to have a notary company name / notary business name. It gives the impression of professionalism. Our notaries often put a company name on their listing, but many keep changing the name every several months. I begin to think that they are not licensed, and they just improvise on the name as they please. This can get you into a heap of trouble. We already had a threat of a law suit because one notary used someone else’s name (gulp). Notaries with a company name get about 17% more clicks than those that don’t. Removing your personal name to replace it with a company name can lose you some brand recognition in the short run though.

Business licenses
Its doesn’t require a degree in nuclear physics to ge ta business license. Just waltz down to your county clerk’s office with a check and register your business name. You have to check to see if the name is already in use. If not, then register your choice of name. Its good to think for a few weeks what you want to name your business, so you can start off with an auspicious name. Registering your business on a lucky day will help your business for life too, so have a good astrologer pick a lucky day for you with some good constellations. Make sure Mars is in the right house.. or else! You have to list your business name in one or more newspapers in your area, but the county clerk will take care of that for you. You fill out a few quick forms and write them a check, and then you are done.

Name ideas
Its sometimes a good idea to have a unique name. Many companies in our industry have a name so similar to someone else’s name, that when the “other” company does something wrong, the new company is effected by the bad reputation of the other company. Unique names are good, and names with geographical terms are sometimes a good idea too. Its best to pick a good name, and then keep it for life. Many companies like to keep changing their company name, and this causes a lot of confusion for the customers. There is a train station in Bombay that changed its name three times in the last several years. I don’t know whether to call it “Fort”, “VT”, or “Victoria Station”, yikes. I’ll have to call it, “The railway station formerly known as Victoria Station”. That will not help me when I try to look it up on the internet.

Do names have energies?
The mystics think that names have powerful energies, and that if you pick a good name, that will help your business. Personal names have karma too, and if you want to change your karma, the first thing to do is to change your name. Number combinations have energies too. Names also make quite an impression, so if your name seems unique and also gives the client confidence in you, you are on the right track. Considerate Notary Services, Astute Notary, Meticulous Signing Services, Simi Valley Signatures… These names may be a bit funny, but they are good names in my opinion because of the impression they give.

When you are ready!
Think hard about what type of notary company name / notary business name to get. Ask your friends and your cat or dog what they think too. Meditate on it. Then, when you are ready, register your business name!

You might also like:

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

Choosing a name for your business license
http://blog.123notary.com/?p=7103

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

Comments (2)

April 20, 2011

Hawaii Acknowledgment Form

Filed under: (5) State specific — Tags: Hawaii Acknowledgment Certificate, Hawaii Notary Acknowledgment, Hawaii Notary Form, Hawaii Notary Verbiage, Hawaii Notary Wording — admin @ 6:27 am

Here is an example of Hawaii Notary Acknowledgment Wording

State of Hawaii
County of ___________
SS

On this ______ day of ____________, 20_____, before me personally appeared___________, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed.

(Seal)

_____________________
Signature of Notary Public

Print Name:____________
My commission expires: _____________________

Comments (0)

April 17, 2011

Alaska Acknowledgment Wording

Filed under: (5) State specific — Tags: Alaska Acknowledgment, Alaska Acknowledgment Form, Alaska Acknowledgment Verbiage, Alaska Acknowledgment Wording, Alaska Notary Acknowledgment — admin @ 9:16 am

Here is the official Alaska Acknowledgment wording. Please keep in mind that Alaska has a network of boroughs and does not have official counties or parishes like other states.

State of Alaska

Judicial District (or County of ________________)

The foregoing instrument was acknowledged before me this ____________ day of ___________, ________________ by ____________________________________________ (signing party) ___________________________________ (marital status).

____________________________________
Notary Public

Print Name __________________________
Serial Number, if any: _________________

My commission expires:

___________________

There is also something called Alaska Corporate Acknowledgment Wording which includes the capacity of the signer.

Comments (0)

April 15, 2011

Leave a few spaces open in your journal?

Filed under: Just Say No! — Tags: notarial journal, notary commission, notary journal, Official journal of notarial acts — admin @ 3:35 am

Leave a few spaces open in your journal

Have you ever heard this phrase before? These are the words a lender will tell you when they want you to backdate. If you leave a blank page in your journal a day before the signing, then it will look like you really did notarize their loan documents on the date that you claimed you did. This is completely illegal, but this is what many lenders will ask from you when they are in a pinch.

The lock
Lenders can offer their borrowers a particular rate, but there are expiration dates. If a loan has a lock that expires on the 28th at midnight, and the loan documents were not ready to be compiled, sent, printed, etc., on the 27th or 28th, then the lender is in a bind. They will have to redraw all of the loan documents all over again and have a slightly higher rate, and an irate borrower. To save themselves this nightmare, they will often ask the notary to fudge a date when in this situation.

It’s your notary commission
If you get involved in this type of fraud, you could get fined by your state notary division, lose your notary commission, or perhaps even be looking at jail time. Since there is no intent to harm anyone, jail time doesn’t seem probable, but laws differ from state to state, and the laws are always changing.

Lose the client?
I was asked to do this a few times. I said no, and lost the client. Maybe I’m better off. Lenders love notaries who will lie, cheat, and steal on their behalf. They will love you if you can look at a loan which is an obvious rip off and say nothing while the borrower is signing it. Of course, its not your job or entitlement to make commentary about someone else’s loan. You will be making someone lose thousands by butting in, and its not your right. Lenders also love someone who will forge an initial or put yesterday’s date on a Jurat certificate upon request. You would not believe how many Title company staff members have forged omitted initials on Deeds of Trust, and other documents that require initialing. Few of them would dare forge a signature as that would involve jail time, but some feel that its open season on initials.

Just say no
Don’t get involved in this nonsense. Its your life, your karma, and your commission. If you get armtwisted once, you could easily get in the habit, not to mention feel ashamed for the rest of your life. Additionally, it is recommended that you avoid screwy companies like the plague. These are exactly the same companies who will have no qualms about cheating a notary out of their pay for little or no reasons at all.