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August 11, 2020

Online notary services – should the system be tested?

Filed under: Technical & Legal — admin @ 8:44 am

A bunch of states are in a huge hurry to implement online notary services as a form of legal notarization. However, online notarizations increase the possibility of fraud. The question is how much fraud?

As with any other system, there is no way to predict how much fraud a new system will cause or facilitate. If you test a system over the course of years and get some analytics on how often court cases happen in comparison to traditional notary services, then you can see if the risk is worth the reward.

The problem is that so many states are enabling RON all at once, that if there is a serious problem, this could effect elections, and all sorts of notarized documents. It could even invalidate elections if fraud is investigated and force elections to be held all over or at a minimum create ongoing conflicts between democrats and republicans.

Personally, I think it is better to vote in person instead of seeing a notary to get an absentee ballot notarized. There is less possibility for complications and fraud. And absentee ballots without a notary seems like suicide as fraud would be rampant. Mailing in a copy of your ID doesn’t compare it to what you look like in real life — that is the job of a notary to compare.

Shut downs are another example of states trying untested processes by just jumping on the bandwagon. If shut downs are detrimental to economies, then instead of one state having an economic problem, all states will have on all at once. Would it not be a better idea to test out what happens when you shut down an economy for three months? You can track all of the suicides, child molestation, alcoholism, protests, and long term economic damage before implementing shut downs on a massive scale. When disaster strikes is NOT the time to be experimenting with anything.

PATIENT: Can we go to the sun to get a solution to Covid19?

DOCTOR: It would be too hot

PATIENT: What if we went at night?

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June 13, 2020

Inspecting Journals

Filed under: Journals — admin @ 10:14 pm

Many Notaries do not bother to learn how to correctly fill in their journal. This is important because you could be investigated by the FBI (it happens to our notaries from time to time) and you could end up in court before a judge. You might be treated more leniently should anything go wrong if you keep very prudent and correct looking records. If you have omissions, sloppiness and don’t follow sensible procedure, you increase the chance that you could end up in trouble.

The most important rules to remember in journal entries are:

1. Fill out all fields in the journal. The additional notes section can be used for anything noteworthy about the building or signer that might jog your memory years after the fact in court.

2. One journal entry per person per document. Three people each signing four documents = 12 journal entries, not three and not one using the squeeze it all in method. Those signatures and thumbprints that you could keep in your journal are evidence that might be used in court – treat it as such!

3. Make sure your journal is locked up and stored properly after it is filled up. There are 512 entries per journal, so make sure you have extra blank journals for when you need them.

California actually inspects Notary journals regularly. If you live in California you need to know this. They can have you copy and mail your journal entries from a particular date range. If you are not following proper procedure based on what they currently want (ask them not me what they want) then they can suspend you. California suspends or revokes many notary commissions due to exactly this reason. Additionally, the rules keep changing so keep up with the times, man.

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May 28, 2020

If you meet a signer at a cafe, who pays for the coffee?

Filed under: General Stories — admin @ 10:02 pm

It is common for Notaries to meet signers at cafes. But, what is the etiquette for who pays for the coffee? Or does only one party purchase a drink so the cafe can allow them to stay there? Does the drink go on a chair or the same table with the critical documents?

This question sounds more like a Seinfeld dilemma than anything else. Since the signer is paying the notary for the notarization, it’s the least the notary can do to buy a piece of bundt cake for the client. On the other hand, if the Notary has to bill to get paid, and is billing a third party, then neither party should have to pay for the coffee. But, what if the signer wants a palpation but forgot his walled. But, then how will he have his ID for the notarization? Wow, this is really complicated stuff!

NOTARY: You should pay for the almond croissant because I’m the Notary. It’s like a courtesy for my hard work.

SIGNER: Yes, but I am the client, and it is customary to take your clients out to eat and pay.

NOTARY: You’re paying cash right?

SIGNER: Yes. Small unmarked bills to be precise.

NOTARY: Are you going to wash your hands for 20 seconds before you handle those bills? I don’t want the Coronavirus.

WOMAN: I think the man should pay.

NOTARY: Obviously not a feminist.

WOMAN: I am when it doesn’t involved someone paying for me. You see, I’m what you call an opportunistic feminist. Equal rights, but not so equal on the responsibilities.

SIGNER: Honesty is so sexy. I like you!

WOMAN: Thanks, I’m single

NOTARY: I think I see why.

WOMAN: Yeah, but at least I’m not paying alimony and child support and having my kids taken away from me by legal force. It could be worse. You know what. You guys are so much fun, I’ll pay for your frappachino.

CLERK: Sorry, we are all out of coffee.

NOTARY: But, this is a cafe. Your whole business revolves around coffee.

CLERK: Sorry. But, we have those dark chocolate covered graham crackers. They’re really good.

SIGNER: I’ll just get a soda. I don’t drink coffee after 2pm anyway.

WOMAN: Nice to meet you guys.

NOTARY: Here’s my card. I do notarizations, weddings and bar-mitzvahs.

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May 22, 2020

What to do with signers who read too much

Filed under: General Stories — admin @ 9:54 pm

Growing up, my father drove people crazy by slowly reading every part of long contracts while they had to sit and wait. I agree with him that reading contracts is essential. But, exasperating others is not nice. I think it is my karma being the son of a copious reader (that is his hobby by the way) to have signers who are just as bad (or diligent and good) as dad.

During my career, roughly half of my borrowers read too much. My average signing took a little more than an hour. I dealt with it. I was not too concerned unless they were delaying me from getting to another job. But, now that I am older, and value my time more, I realize this is no good. Three hour signings cannot happen.

You need a strategy for how you are going to deal with this. Here are some ideas. Put in the comments if you have other ideas.

1. During the confirmation call, let them know you are offering them “x” amount of minutes for the signing. I would offer more time to those paying you well to make sure you get rehired. For cheap signings, perhaps offer 45 minutes. Keep in mind that if they go over, you need to offer some leeway to avoid social friction (and getting fired). For signings that pay big bucks, you might allow up to two hours just to be nice. But, still emphasize that there is a limit. My personal experience was that the more I was paid, the faster the signing was. My worst client was a Lender whose borrowers always had to call him and ask painstakingly long questions on my time. The average phone call was 45 minutes which I had to sit through.

2. If you don’t give them a summary of your time offering before the signing, you can spring it on them at the signing. You explain that this is a signing appointment and not a reading appointment. You can explain that they have borrowers copies to read for the next 72 hours if this is a refinance for a primary residence, and that they can cancel after the fact. Explain that you have other appointments and have to leave in “x” amount of minutes whether the loan is signed or not out of courtesy for your subsequent appointments.

Having time limits might get you fired, not paid, or in trouble. But, if you want to make money as a signing agent, you need to book lots of appointments and nail them one by one. Or, you need to have two high paying jobs per day. 2 x $200 = $400 and $400 per day is a living — not a great living, but a living. If you make $80 per signing, you need to do at least five per day to get paid well and that means hustling and moving fast, especially at night when they might be back to back.

In the worst scenario, you might have to take the main copies signed or unsigned, put them in the Fedex and send them back. You can explain to the company that you ran out of time and that next time the Lender should explain the documents better to the signer AHEAD OF TIME otherwise they end up taking your time when you don’t have time. It is not a matter of what your time is worth — if you have another client waiting, it is an abuse of that other client’s time if you are late for any reason.

Please comment if you have better ideas, because this blog article is about playing rough which is not considered nice, but is the only way to get good income per hour spent. Otherwise you might get taken for a ride regularly.

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May 4, 2020

Notary in Texas gives permission for someone to forge her signature?

Filed under: Technical & Legal — admin @ 9:38 am

I am reading an interesting article that states that an eNotary in Texas offered permission for another individual to forge her signature on an electronically filed Affidavit in Support of Defendant’s Motion for New Trial document. An email was the proof that the notary authorized permission to conduct this act of fraud. I wonder if there was an eJournal entry as evidence in this case too. Read the entire story below.

https://www.lmtonline.com/local/crime/article/Court-records-shed-light-on-Texas-Rangers-raid-15107655.php

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January 18, 2020

Jeremy’s tips helped a Notary with title

Filed under: Business Tips — admin @ 9:32 am

I just talked to a Notary in San Diego about an upgrade. She was the star of the show and I gave her a huge discount as a result. She said that she used to think I am mean, but now realizes that all of the tips I gave her personally and gave via my courses really helped her with title companies and helped her to be a better Notary (and a better person.)

1. Using clean acknowledgements instead of doing cross-outs helped her be a lot more popular with her title clients. Not all companies appreciate clean work, but her clients did. Cross-outs are messy and can lead to complications when financial companies sell loans, and can also cause confusion if a loan ever goes to court which is rare, but happens.

2. I reminded her many times to get reviews, and she followed that piece of advice and all of my other advice and has the highest points in my points algorithm of almost any notary on the site. The reviews got her a lot of business and she keeps getting new ones too which is key.

3. My tips in general made her a better Notary because she is never sloppy about anything, understands the intricacies of all Notary and signing procedures, and always asks for clarification when necessary. Being meticulous as a result of her education with me made her more popular with her title clients.

So, if you are in doubt about what to do with your Notary situations, listen to what Jeremy and Carmen say as a general rule because we are experienced and know how to handle most situations cleanly and effectively.

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December 28, 2019

Alzheimer’s signings — how to determine whether to carry through or not?

Filed under: Hospital & Jail Signings — admin @ 11:07 pm

Let’s say you are at a hospital for a POA signing or Medical Directive signing. Let’s say that the signer has been officially diagnosed with Alzheimer’s disease. Do you notarize or not? If you notarize, and the signing comes back to haunt you in court, the small fee you made will not be worth any significant risk of court time. However, if you can get the signer to describe the document, why they are signing it, who they are, who their relatives are, and who the president of the United States is, they are probably competent enough to sign.

Now, let’s say that a medical professional at the hospital advises you not to notarize for the patient due to this mental disease. The fact is that you are the Notary, and only you can decide the fate of the notarization. The main thing is to consider the risks, and how you can go about proving competency in a prudent way.

I would continue writing about this article, but I forgot what the topic was. Hmm.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

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October 30, 2019

If you notarize a document, does that make it “legal”?

Filed under: Technical & Legal — admin @ 11:50 pm

If you notarize a document, does that make the document in question legal or official?

As far as I know in my layperson opinion, if a document will be used in a legal transaction or in court, it might be said to be a legal document.

Notarizing a will, or other document just makes it notarized. Being notarized it might be acceptable to a particular document custodian or might be more relevant in court. Deeds and Power of Attorney document by definition need to be notarized to be effective or be recorded.

Oh yes, and if a document hits its 18th birthday, then it is definitely legal and the document custodian should alert Quagmire from Family Guy of the event too, particularly if the document is female.

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 13, 2019

Seven Tips for Choosing a Lawyer in a Personal Injury Case

Filed under: Other Guest Bloggers — admin @ 10:43 am

Seven Tips for Choosing a Lawyer in a Personal Injury Case
When choosing a personal injury lawyer for your case, there are many things that you need to take into consideration. If you have been injured and want the compensation that you are entitled to, you need to find a lawyer that knows exactly how to win your case and has experience in similar cases. Here are seven tips for choosing a lawyer for your personal injury case.

Location
Before you focus on anything else, you need to make sure that the lawyer you want can practice within your area. For those who live in Pennsylvania, you need to find a trustworthy Lehigh Valley personal injury lawyer such as those who work at Trapani Law Firm.

Track History
If you want to know the likelihood of a lawyer winning your case, you need to check their track history and see how many cases they have won, as well as what these cases entailed. Finding a personal injury lawyer who wins the cases they take on is essential, but you should also be aware that some lawyers only decide to take on the cases they know they will win, meaning this is just one thing that you need to consider.

Relevant Experience
Experience provides you with a sense of stability and allows clients to check the track history and understand more about how a lawyer works. While all lawyers need to start somewhere, when dealing with a personal injury case it is best to stick to a lawyer with relevant experience.

Disciplinary Record
A disciplinary record is essentially what it says on the tin. This record can inform you of any complaints that the lawyer may have received and can also provide information such as if the lawyer has ever been disbarred or suspended. If you have already met with the lawyer and they are ticking the right boxes, it may be worth discussing with them what happened with a complaint they received and how they dealt with it. Unfortunately, clients can sometimes file a complaint even when the lawyer has done everything within their power to assist them, so it is best to determine the root cause of the complaint before ruling a lawyer out completely. You can find information regarding a disciplinary record about any lawyer online.

Practice Years
Those who have been in the profession for a long time will have great experience and will understand a personal injury case better than anyone. If your case is especially complex, finding a lawyer with many years of experience is even more important to enable you to win your case and gain the compensation that you deserve.

Reputation
Finding a personal injury lawyer with a good reputation means that you are more likely to trust them with your case. You can check reviews on most law firm websites and you may also be able to find reviews online. A personal injury lawyer who has a good reputation within the state may be able to get your case solved more quickly as they are known throughout the courts. Finding positive reviews from previous clients can enable you to feel more at ease as it can be hard to judge someone on a first meeting. You may also want to ask the personal injury lawyer upon your first meeting if they have any client testimonials for you to read through.

Focus
Personal injury cases are all unique, and so you may want to find a lawyer that has a special focus on your personal injury case. It may be that you were involved in a slip and fall accident and so finding a lawyer that has focused on similar cases is ideal. You can usually find this out on their website or by speaking to the lawyer directly.

Following these seven tips you can find a personal injury lawyer that is perfect for your needs and your case.

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