You searched for certificates - Page 5 of 11 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

April 3, 2018

Using the correct Notarial Certificate for an Apostille:

Filed under: Other Guest Bloggers — Tags: , , — admin @ 10:17 am

At our office in Downtown Los Angeles — A1 Live Scan & Notary Services – we get to correctly renotarize many notarized documents that the SOS rejects doing an Apostille because the wrong notarial certificate was used by a Notary.

Let’s first start with what is an Apostille?
An Apostille authenticates the Notary Public as a valid and licensed Notary to a foreign government or agency. The foreign entity relies on the SOS to make sure that the document being sent to them was in fact notarized by a currently licensed notary in good standing.

Next the question is what type of Notarial Certificate do you attach to a document being taken to the SOS for an Apostille?

First and foremost, ask the singer and explain the differences between the 3 commonly used certificates – All Purpose Acknowledgment, Jurat and Copy Certification by Document Custodian.

If the signer is not sure, go over the preprinted language on the document with the signer if there is notarial wording. In most cases even if there is notarial wording, it would not comply with California Notary Laws. So then look at the existing language and if it has “affirmations”, “oaths” or “swearing as to the truth of the contents”, use a Jurat.

If the language does not have an Oath but merely says the person appeared in front of you and acknowledged signing the document, then use a California All-Purpose Acknowledgment.

The third type of Notarization for an Apostille is when a signer brings a document such as College transcripts, Degree Certificates, Passport copy, letters from third parties. These documents are already signed by the issuer and there is no notarial wording. In this case, you use a certificate called, “Copy Certification by Document Custodian” to notarize the document by the person who brings it to you even if it is not that person’s document. Hence the name “…by Document Custodian”.

Hope this clarifies the confusion surrounding certificates used for an Apostille.

You might also like:

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

Index of posts about Notary acts
http://blog.123notary.com/?p=20280

Share
>

April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

.

You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

Share
>

April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?

Filed under: Technical & Legal — Tags: , , , — admin @ 9:25 am


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

Cross out and initial or use a fresh form?
http://blog.123notary.com/?p=19933

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

Share
>

March 31, 2018

Scenarios: What types of forms should a notary keep in his/her bag?

Filed under: Loan Signing 101 — Tags: , , , — admin @ 6:19 am

Notary Public forms

A Notary public needs to carry forms in their bag because you don’t know what will happen at an assignment and you need to be prepared. You also need a reliable stapler in your bag because stapling certificates to documents is a requirement.

You might need a loose Acknowledgment if there is an error on the original or if there is no Acknowledgment wording on a form. You might also have the problem that there is out of state wording that is not allowed in your state. Each state has a different rule for out of state wording, California’s being the most stringent. So, try to know what you can and cannot do. But, you can always add a loose certificate unless you live in Oregon and Maryland where it is rumored that you cannot, but the crab cakes are so good that they outweigh the loose certificate issue. Notaries in Maryland always get crabby about this issue.

There are other forms you could have including Jurats. Some people need permission for their children to travel with an accompanying adult. With respect to crying babies on future flights, here’s hoping they don’t grant permission. I created my own form with dates, thumbprints, names of all parties, etc. The Mexican authorities loved my form, and it did not take long to typeset or copy or make into a form. Whether or not you create your own form, be prepared, because you never know when your customer is not!

.

You might also like:

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.
http://blog.123notary.com/?p=19477

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Can you send a loose Acknowledgment? You should hear the answers.
http://blog.123notary.com/?p=16168

Share
>

March 24, 2018

Notary Marketing 102: Phone & Communication Etiquette

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Twitter — admin @ 8:08 am

Return to Notary Marketing 102 Contents

.

Part of marketing is the act of actively promoting yourself. But, a lot of marketing is about doing a good job and communicating well.

To get hired to do Notary work, you need not only to know what you are doing, but you need to communicate clearly as well. Here are some major issues with phone etiquette.

.

DURING THE INITIAL CALL

.

1. Introduce yourself
Introduce yourself properly by phone when you answer the initial call to hire you. “This is June of June’s Notary Service” is a lot better than, “Hullo?”

2. Answer questions the way they were asked.
If someone asks what your hours are, tell them your beginning and ending times. Don’t say it depends and don’t be vague. Give them a clear picture of your availability without making them ask again. If someone asks how many loans you have signed, don’t give them a summary of your professional background, just give them a quick number. If someone asks if you are still in business, don’t tell them you are eating dinner or on vacation, just tell them that you are still in business. Just answer the question.

3. No background noise
Screaming children, televisions, or people talking in the background sound unprofessional. You need to turn the TV off, go into the next room where there is no noise, and apologize if there is any noise. That is called being professional.

4. Don’t scramble information
Asking people to repeat endlessly is horrible. If your phone is horrible, get a new one rather than accusing the other person of breaking up. If someone asks if you can do a notary for two signers on three documents, don’t repeat it back to them as, “Okay, three signers on how many documents?” That is called scrambling information and sounds ignorant.

5. Don’t brag
Notary Signing Agents have the desire to overprove themselves. The secret is to make a good impression by being helpful and not shoving your credentials down someone’s throat. It also makes a good impression to ask a few relevant questions about the type of signing or document. Asking a few pertinent questions looks professional.

6. Act calm
Acting calm and helpful is a lot better than acting anxious and overly helpful or overly unhelpful. People get put off by desperate or unfriendly behavior.

.

CONFIRMING THE SIGNING & AT THE SIGNING

.

7. Call to confirm the signing
Go over all pertinent points. Make sure the ID proves the name on the documents and that all the signers will be there. You should also verify that there is a clean table to sign on. You should go over how long the signing should take, if there is anything going back to the document custodian and if they have used morphine or Jack Daniels within several hours of the signing. Nothing beats a sober signer or a well organized Notary Public.

8. Introduce yourself at the door
It is good to mention that you are Joe the signing agent and that it is your job to facilitate the signing. Mention that they can address all of your questions to you, but that you cannot answer specific questions about their loan, but only general questions about loan documents and Notary procedure.

9. Small talk is good
People like a friendly Notary who can talk about small talk. But, avoid any topics that could be controversial such as gender issues, sex, guns, and how born again Christians should have a second birth certificate for when they were born the second time.

10. Don’t discuss guns and religion
Unless you are notarizing the Obamas, don’t bring up Joe the plumber, or religion. But, if you are notarizing the head of the NRA then you might reconsider guns. If you ask him to shoot you an email, don’t be surprised if he asks what you want him to shoot it with! Yee-haw!!!

11. Don’t park in the driveway
The driveway is for the residents to park in, not you. You are their humble servant who parks on the street (sorry.)

.

OTHER

.

12. Dress for success. Business casual is great. People get complaints more for dressing poorly than for being a horrible Notary. So, go to Men’s Wearhouse first, and then buy that Notary course you were thinking of. And remember — it’s not what you know — it’s how you look! Notaries who show up in shorts and flip-flops get some serious complaints and even a bad review on their profile. In short, don’t dress like me.

13. Carry loose Acknowledgment, Jurat and other certificates in your Notary Carry All Bag that you purchased from the NNA. Carry a thumbprinter, wipes, and pens with you. Nothing is worse than a Notary that doesn’t have pens except one who wears flip-flops. Having good professional equipment makes you look like you know what you are doing even more than actually knowing what you are doing.

14. Arrive on time
Nothing is worse than a late notary other than one who wears flip-flops.

15. Follow up punctually
If you have to get the Fedex back, do so immediately. Do not wait to drop a package unless you are waiting for a call back. If you wait 90 minutes or more for a callback, consider that title needs their docs back and it might make sense to just drop it. That is a judgment call, so think carefully about it. If you get emails, answer them asap.

You have to be available after signings for up to the rescission date and sometimes later. If you become unreachable after the signing, you will get very serious complaints. The worst complaints we get about notaries are that they were rude, or unresponsive after they had completed work.

16. Don’t be rude
If someone is rude to you, don’t reciprocate. Your reputation is on the line. You can get penalized for being rude even if the other person deserves it. So, watch yourself!

.

Please Also Read:

Best marketing resources for Notaries. This entry goes over active vs. passive marketing in detail
http://blog.123notary.com/?p=16322

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Long term marketing plans
http://blog.123notary.com/?p=15793

.

Share
>

January 31, 2018

What types of questions should we be asking Notaries?

Filed under: Etiquette,Popular on Facebook (A little) — admin @ 11:12 am

I know I know — since you are paying me, therefore you can commit bloody murder and I should not even utter one word about it. But, that is not true. If you do bad service for our users, then you are causing damages to my business – so your knowledge level and performance is my business! But, once again, we ask Notaries questions routinely, but what should we be asking?

Questions about following directions
Questions regarding tricky scenarios
Notary technical questions including certificates, oaths, journals, rules, identification
Document related questions
Higher level complicated questions that we only ask for the elite.

Do you guys have suggestions for what matters to you if you work in title? What do you think I should ask? What do you ask Notaries when you hire them? I strongly recommend asking a few questions to see if the Notary is a dimwit or is capable of thinking and communicating clearly (a rarity.)

Your input is valued. Thanks.

You might also like:

Notary Aptitude Test
http://blog.123notary.com/?p=15853

Notary Aptitude Test 2
http://blog.123notary.com/?p=17065

Notary Quiz of the Day
http://blog.123notary.com/?p=21266

Notary Jeopardy
http://blog.123notary.com/?p=14557

Share
>

January 1, 2018

Following directions is more important than you think

Filed under: Best Practices,Popular on Linked In,Popular on Twitter — admin @ 3:55 am

We quiz people on all types of topics ranging from Notary questions, loan signing questions, to situational questions and following directions. The problem is that only 50% of our seasoned Notaries follow directions and the newer ones only about 25%. These are not good odds if you have something to lose.

People who use 123notary are often title companies or brokers who could lose thousands in commissions or fees if you goof on their loan. Knowing what you are doing (not claiming to know what you are doing but actually knowing) is part of the equation. But, following directions is the other part. Many Notaries just ignore what you say and do what they normally do rather than following directions.

I have two recent stories of brokers who lost large amounts of money because the Notary did not follow directions. One lost $5000 because the Notary did not show the pages in the order he was instructed to. The result was that by the time the signer got to the document that the broker needed signed to get a commission, he no longer wanted to sign. In another case, a broker lost $3500 because the Notary did not follow directions about something else.

Then there are the Notaries who don’t bother to learn how to fill out a certificate form. If you forget to initial a change, the entire loan might be ruined or put on hold. I get so many complaints of Notary mistakes that it isn’t funny. Then there are the Notaries who do not fill out the additional information on a loose acknowledgment, and then the acknowledgment gets attached to a different document. Next thing you know you could end up in court.

So, sloppy work, incorrect work, and not following directions can get you in big trouble fast. Not keeping a good journal could also get you in trouble, but the trouble might not come for years. But, errors on certificates will get you in trouble fast!

.

You might also like:

The Chad question about following directions
http://blog.123notary.com/?p=20009

Marcy overlooks the instructions in the 30 point course
http://blog.123notary.com/?p=14379

The green pen question revisited
http://blog.123notary.com/?p=20146

Share
>

November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Facebook (very),Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

.

1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

.

2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more…

.

3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

.

4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

.

5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

.

6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

.

7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

.

8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

.

9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

.

10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

.

11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more…

.

12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more…

.

13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more …

.

14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

.

15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

.

16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

.

17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

.

18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

.

19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

.

20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

.

You might also like:

Do you take control at a signing?
http://blog.123notary.com/?p=21104

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

The Grace Period after your signing
http://blog.123notary.com/?p=19465

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

Share
>

October 31, 2017

Notary Public 101 — Review Quick Pointers

Filed under: Loan Signing 101,Popular on Twitter — Tags: — admin @ 4:34 am

Return to the table of contents page of Notary Public 101

Here are some review pointers. Rather than teaching in index format like I usually do, these are quick facts you need to know. Besides those other facts your embarrassed parents thought you didn’t need to know.

An Affiant is someone who signs an Affidavit and swears under Oath. A Harvey Weinstein is someone who signs a check to a woman to hush her up and swears under his breath.

An Attorney in Fact is another way of saying Agent or Grantee for a power of attorney. An Attorney in Fiction is another way of saying Perry Mason.

A certificate is a form a Notary uses for executing Acknowledgments, Jurats, and other Notary acts that require a certificate. Florida and Texas use certificates for Oaths while most other states do not. You can buy certificates in pad format from the NNA and other vendors. You should keep these in your notary bag at all times because you WILL be using them.

A Principal is the main person who signs an Power of Attorney or who is signing a document that is notarized using the Proof of Execution procedure. It just means the main person who signs a document. Consider it your Notary bag of tricks. The other kind of principal is the person you’re sent to when you’re caught chewing gum in class. Memories!

The Venue is the part of the certificate where you document the state and county where the notarization is taking place. It is also the physical location where you might be at any point in time, especially during a notarization. On the other hand, if you pick up a Notary in a bar, the venue could be your place or mine.

In an Acknowledgment, the signer must acknowledge having signed a document in the physical presence of the Notary Public, but does not need to sign in front of the Notary (although Lenders prefer that they do.) Some lenders I know also prefer that the well-known phrase, “Neither a borrower nor a lender be,” NOT be acknowledged, because it would mean they no longer be!

In a Jurat, the affiant or signer must sign and swear to the truthfulness of the written statement or document in the presence of the Notary which is evident based on the Jurat wording, “Subscribed and Sworn to BEFORE ME.” Note that acknowledgments do not include the before me part when referring to signing. They also don’t include any swear words, so the “sworn to me” part is confusing.

Your Seal must be clear, complete and not smudgy and not have light or missing corners or you will be hearing from the county recorder and might have to redo your work. Seals may look smudgy even if they aren’t, if you forgot to wear your contacts.

It is illegal to omit an Oath or Affirmation when executing a Jurat. Many Notaries say that they never have to administer Oaths in their state. I’m not sure whether or not to believe them. But, you need to know how to do an Oath if you see the words, “Subscribed and SWORN to before me.”

Oaths begin with the verbiage, “Do you solemnly swear…” If you omit the term swear, then the proceding is not an Oath. Oaths are made under God while Affirmations are made on your personal honor. If you’re Harvey Weinstein, the personal honor part doesn’t apply. I affirm that will be my last Harvey Weinstein joke.

Affirmations use the verb “affirm” or “state” but not swear. If you swear it is not an Affirmation and if you affirm it is not an Oath.

Oral statements do not get the same Oath as a written document or statement. Do you solemnly swear that the statement you are about to make is true and correct is a good Oath verbiage for an oral statement, but would be completely wrong for a document Oath for obvious reasons. Don’t let the fact that oral hygiene is good and documented hygiene is also good confuse you.

In your Notary Journal create one entry per person per document. If there are two signers each signing three notarized documents, then enter six entries. Each one signed by the corresponding signer. And keep journal thumbprints just in case someone gives you a fake ID. (If you’re a liquor store owner and someone gives you a fake ID, give them your thumbprint down!) Keep additional notes if there is more than one document with the same name such as escrow numbers, addresses, or anything to distinguish the documents.

The purpose in keeping a journal is not so much to please your state although many states require this, it is to please the FBI & Judges as they will be the ones inspecting your journal if something goes wrong. (However there’s no pleasing some people, like my old girlfriend who complained when I had the toilet paper roll under, not over, and also when I had it over, not under.) California audits journals from time to time too and they will suspend you if you keep a bad journal or no journal.

If the identification does not prove a person’s identity then that is a questionable and possibly illegal notarization. Think of all the trouble you could get yourself into taking liberties notarizing. You could end up in court as a defendant. The ID does not have to exactly match the signature, but the name in the signature must be provable based on the ID. i.e. the ID says John William Smith and the signature on the document says, John W Smith — then it is provable and you should be okay. If your ID says “John Doe” and you’re checking into a hotel with a harlot, it isn’t provable but you should be okay if you wear protection.

Identification for the purposes of notarization should be government issued photo ID’s and be current (some states have exceptions to the current part.) A Social Security card or AKA statement is NOT acceptable for a Notary to use to identify a signer or verify a middle initial. If Social Security runs out in 30 years, you can use that to identify millennials’ middle fingers.

A thumbprint is the most unique and reliable way of identifying someone as a supplemental form of identification. Use a photo ID as a primary ID and thumbprint in your journal. That way if you are ever investigated you will have hard bio-metric data to find dangerous criminals. If the criminal had his thumb blown off, you’re on your own.

When doing a POA signing with an Attorney in Fact, there are multiple ways an AIF can sign. John, as attorney in fact for Sue. Sue, by John her POA, etc. To choose the right variation is NOT YOUR JOB. There are perhaps eight legally acceptable ways of doing the verbiage. It is up to the LENDER to decide which variation they want. Rely exclusively on them for this as choosing a variation is a matter of preference, and the loan will not go through if you goof on this. If you goof on your younger siblings, it’s perfectly normal.

Do NOT send loose certificates in the mail. You could end up in jail as it could be attached to anything. Certificates must be stapled to the document they correspond to — period! Do not send loose women in the mail unless she’s going to Harvey Weinstein. Darn! Okay, I promise, that’s the last Weinstein joke!

Do not ask Lenders or title people for notary advice. They will tell you what they want you to do which is often illegal and for their short term benefit. Rely on your state government and NNA’s hotline for reliable Notary knowledge. Other people are NOT experts at Notary law and might lead you astray by accident or for their convenience. Don’t trust anybody except Santa Claus and the Tooth Fairy. They don’t exist? Okay, don’t even trust them!

Share
>

October 9, 2017

Notary Public 101 from 123notary!

Filed under: Notary Public 101,Popular on Facebook (top),Popular Overall,Ultra-Popular — admin @ 12:32 am

It has come to my attention that most Notaries are unaware of the existence of Notary Acts above and beyond simple Acknowledgments and Jurats. Being aware of unawareness. Kind of a wash? Additionally, the vast majority of Notaries draw a blank when I ask them the rules for Acknowledgments and Jurats. I was hoping for a blank check but no such luck. I did not know how bad the level of ignorance is. I was ignorant about the ignorance. But, now that I acknowledge my ignorance, I am writing this tutorial. It is mandatory that you understand basic Notary acts if you are to be listed on 123notary, and we WILL test you on it and you will be regarded as a “Fake Notary” if you don’t know your basics when I drain the notarial swamp so to speak. Fake news. Fake notaries!

This Notary course is for those who are already Notaries who need a brush up on the most critical aspects of the profession. This is not a how-to course for beginners.

.

TABLE OF CONTENTS

Basic Notary Vocabulary — http://blog.123notary.com/?p=19495

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

Journals — http://blog.123notary.com/?p=19511

Identification — http://blog.123notary.com/?p=19507

Certificates — http://blog.123notary.com/?p=19502

POA & Other Topics — http://blog.123notary.com/?p=19517

Quiz Questions — http://blog.123notary.com/?p=19520

Review Pointers — http://blog.123notary.com/?p=19679

Real Life Scenarios — http://blog.123notary.com/?p=19681

Quick Info on Loan Docs — http://blog.123notary.com/?p=19946

The 30 Point Loan Signing Course — http://blog.123notary.com/?p=14233

The 123notary Elite Certification Study Guide — http://blog.123notary.com/?p=20118

The 123notary 2018 Certification Standards — http://blog.123notary.com/?p=20120

.

Thank you for studying from our course. We hold Notaries advertising with 123notary responsible to score at least 70% if we ask them random Notary questions by phone.

Share
>
« Newer Posts — Older Posts »