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July 14, 2012

Protecting yourself with a contract

Filed under: Business Tips,Loan Signing 101,Tips for Getting Paid — Tags: , , , , , — admin @ 7:19 am

Protecting yourself with a contract 

It is common for big companies to make the little guys sign a contract with many terms for doing business. One common term is to have an arbitrator resolve issues, and the arbitrator is probably picked by the company in question — how fair!!! ……. Not!    But, how often do the little guys think far enough ahead to protect themselves?  I say that notaries need to make signing companies sign something that will protect the notary’s interests.  But, will anyone sign it out of desperation? If they like the notary enough, they might, but if you are a novice with no experience, you will not have such good luck.
 
Here are terms that I would discuss.
 
Trip Fees
If I am assigned a signing agent / notary job by your company, and travel to an assigned location, and the job is cancelled while in travel, I want a $50 trip and preparation fee.  I want $75 for jobs more than 40 miles from my house according to mapquest’s mileage estimates.
 
Printing Fees
If I am assigned a signing agent / notary job by your company , print out documents and borrower’s copies, and then your company cancels, I want a $40 printing fee.   (it might not be worth this much, but you have to factor in the hassle of billing these clowns and trying to collect).
 
Payment regardless of funding
If I am assigned a loan signing job by your company, and I complete the signing, but the loan doesn’t fund, your company must pay me $100 per signing.
 
Payment regardless of if the borrowers are willing to sign
If I am assigned a loan signing job by your company, arrive at the specified location, and start a signing with the borrowers, and then they change their mind about signing and refuse to sign, your company must pay me the entire fee agreed upon.
 
Waiting time
If I am assigned a loan signing job by your company, I will allow up to 60 minutes for the job.  If the borrowers want to read every letter of every word in every document and take in excess of 60 minutes, I require a waiting time fee of $40 for every additional 30 minutes, or any fraction thereof.
 
Late payment penalties
I expect to be paid within 30 days for all loan signing services.  If a payment is post-marked late than 30 days from the date of the signing, I will charge a late fee of $25 per signing, and then an additional $25 for each fifteen days after.  If you fail to pay this late fee, I will terminate services with your company.
 
I think that notaries are fools to just be willing to do business with anyone without even background checking them.  On the other hand, a contract like the one I drafted (written in informal language and not legalese) might be too demanding, especially the waiting time.  Perhaps a more liberal contract should be drafted, but notaries need to take protecting themselves a lot more seriously and get more professional and methodical about it.  Bigger companies almost always make you sign a contract, why shouldn’t you?

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January 12, 2012

Backdating from A to Z

Filed under: Comprehensive Guides,Signing Tips — Tags: , , , , , , , — admin @ 4:39 am

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

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Notarization Dates, Document Dates & Signature Dates!
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Seal Forgery — it happened to me!
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She lost a great account because she didn’t want to backdate
http://blog.123notary.com/?p=22229

What is a document date?
http://blog.123notary.com/?p=21431

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December 16, 2011

Notary FAQ based on recent search queries

Filed under: Public Interest — Tags: , , , , — admin @ 12:17 am

Here are some interesting and random FAQ type questions based on search queries made to our blog.
 
Q. How do I know if the notary can be trusted?
A. Notaries are screened by their respective states.  Screening in California is more rigorous and involved live scan fingerprints, and checks with the FBI and DOJ, while many states are more lackidasical. Some notaries are crooked in what they do, but I have never heard of a notary engaging in an act of fraud against their client.  Keep in mind that notaries do not keep possession of documents that they notarize, so after a client is gone, there is not much fraud that they could engage in against a client.  More common frauds involve helping a client falsify a date on a document or notary certificate.  A less common but very serious fraudulent act might include notarizing a forged signature on a deed effecting real property.  If you are so paranoid, what do you think this notary is going to do to you?
 
Carelessness and incompetence is 50x as likely to harm you than fraud
The real danger with notaries is more likely to do with carelessness and poor training more than issues to deal with trust.  More than 50% of notaries just simply don’t know what they are doing  and don’t know their state notary laws well enough to handle even the simplest types of notarizations.
 
If you want to check up on a notary, you can ask them for references and try to find out how much notary work they do, which is still not much of an indication of competency.  Also, check the notary’s ID to make sure they are the same person whose name is on the notary seal!
 
Q. Can I make a living being a notary?
A. Being a notary is at best a part time activity which you squeeze in to all of the other things which you are hopefully busy doing.  A store owner can notarize for clients, as can a real estate broker.  Mobile notaries go and do loan signings, but usually have other on call jobs (or full time day jobs) that they do.
 
Q. Can you amend a notarized document after it has been notarized.
A.  I have three answers for this question:  (1) No (2) Never (3) No way, buddy.  If you need to change or amend the document, then draft it how you want it, sign it, and have it notarized all over again. Yes, that will cost you more, but that is the only legal way to do what you want to do.
 
Q.  How do you know if someone is a fake notary?
A.  Check their identification to see if it matches the name on the notary seal.  It is a common fraud for people in offices to illegally “borrow” their colleagues notary seal. Usually they do this to save time, and no harm is mean, but they could go to jail for this as it is illegal!   Also, make sure their notary seal hasn’t expired.  If you really think that the notary is fake, then contact the Secretary of State’s (Department of State, Secretary of Commonwealth) Notary Division and ask if that “fake notary” is a real notary!

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Background Screening for Notaries
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General Notary Public Information
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December 9, 2011

Affidavit of Citizenship

Filed under: Public Interest — Tags: , , , — admin @ 2:45 pm

Affidavit of Citizenship 

This is a commonly notarized document.  Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well.  The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary.  It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document.  In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice.  Below is wording that I typically used when I helped people draft these types of documents.
 
Sample wording for Affidavit of Citizenship
 
I  (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.
 
 
—————————–
Signature of affiant
 
(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)
 
If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question.  What do you want this document to say? For example, “I solemnly swear that… what?…”.   Then they will give their answer.  Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”. 
 
You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary.  Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.

Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.

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Affidavit of Citizenship on Modern Family
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Affidavit of Support & Direct Communication w/the Signer
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Affidavit of Citizenship 2016 Edition
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Notarized Affidavit Information
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December 1, 2011

Can a Georgia notary notarize a Florida property document?

Filed under: Other States,SEO — Tags: , , , , , — admin @ 2:25 am

Can a Georgia notary notarize a Florida property document?

Loan signings are common across the United States.  Any notary in any state can notarize almost any document within the confines of their state, but the document can be from out of state, or out of the country.  Notaries should refrain from notarizing copies of vital records, and Wills are generally avoided in many states as well.  Just as long as a Georgia Notary has their two feet in Georgia, it is okay to notarize a Florida document, or a loan signing for a property in Florida. 
 
Non-attorney Georgia Notaries are prohibited from doing loan signings for properties in Georgia, but, I don’t know any restriction for them as far as notarizing loan documents (packages that generally include Deeds of Trust, Mortgages, Grant Deeds, Quit Claim Deeds, Notes, Notice of Right to Cancel, etc.) that are from Florida, or some other state.
 
A Florida notary can also notarize documents that are to be recorded out of state.
 
One critical piece of information is that the county recorder in the state that a document is going to be recorded — have standards.  They might insist on their state’s notary wording to be on the notary certificate.  They can reject a document if the notary wording is not up to their standards, or if there is a smudgy seal, etc.  That is the job of the person who prepares the documents, and not the responsibility of the notary. A Georgia notary public, or any notary for that matter is allowed to make legal decisions for their clients which includes what type of wording to use, document drafting, or choosing the type of notarization to do, i.e. acknowledgment, jurat, protest, etc.

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November 14, 2011

Power of Attorney Signings

Filed under: Power of Attorney,SEO,Technical & Legal,Ultra-Popular — Tags: , , , , , , — 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.

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Bank of America Power of Attorney Form
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November 13, 2011

Can a notary witness a will or notarize one?

Filed under: Popular on Facebook (A little),Popular Overall 2011,SEO,Technical & Legal,Ultra-Popular,Witnessing — Tags: , , , , , , , , — admin @ 4:44 am

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
You might also like:
 
Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

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March 16, 2011

Do you like your job?

Filed under: Hospital & Jail Signings — Tags: , , , , — admin @ 8:43 am

Do you like your job?
 
Once, during a hospital signing, the signers kept me waiting forever while they puttered around, and drafted a document on my time. After keeping me waiting for 45 minutes and seeing my facial expression, the lady asked, “Do you like your job?”. I said, I like it better when my clients are prepared and have the document ready BEFORE they call me.
 
I killed myself to arrive on time for that job.  I had other things to do.   I rushed to the hospital in Pasadena to serve a family of unprepared and unconcerned people whose kids were running around, and parents were casually talking.  I tried to be very patient, so I wouldn’t rush them. The clock was ticking. It was late at night, and there were no other jobs to go to — just my comfortable bed, and television.  I sat staring at the wall and the minutes went by.   In the mobile notary business, you get complaints when you rush people. But, when you don’t rush people, they take all day! 
 
What bothered me most was their casual laissez-faire attitude.  Not one person in the family could care less about how they had wasted my evening.  They took their sweet time preparing the document and having casual conversations while they did it.  Where was the sense of urgency? What prevented them from preparing the document ahead of time?  It is experiences like this, that provoked me to write materials to keep newer notaries out of this type of situation to begin with.
 
Smart notaries announce their terms over the phone.  Here is what the down-to-business types would say:
“I want my travel fee at the door.  I charge waiting time. Its $15 every 15 minutes — no exceptions.  Its $10 per signature to notarize documents.  If the signer is not able to sign for any reason — I’m out the door.  Please make sure they are awake, sober, and conversational.”  But, I was very friendly and relaxed.  I didn’t want people to think I was a hustler, and look what happened to me.  45 minutes down the drain for nothing.
 
I had been very patient for a very long time watching them unnecessarily waste my time.  The lady looked at me and said, “Do you like your job?”.  I didn’t want to be rude, but, this lady really provoked me. 
 
I had another job in Long Beach which was exactly the opposite.  The signers were jazz musicians and stayed up all night.  They needed me to go to a hospital to notarize for a sick relative. They knew the drill and everything was prepared, ID and all.   What a relief!  Not only were they prepared, but they entertained me with their conversation, and made me happy with their friendly disposition. Sure, they had me come at 2am, but for this crowd, I would have notarized them at 4am they were so nice.
 
I wish it were possible for a California notary to notarize across the border in Las Vegas.  Boy, would that be fun.  You could work for a few hours doing signings, and then entertain yourself, get a hotel, and drive back the next day.  A long time ago, I used to do feng-shui consultations for people.  I admit, I was not the best in town, but I met some wonderful people doing those jobs.  A very personable Filipino lady from Las Vegas called me.  She talked me into driving all the way out there to Las Vegas.  She bought me dinner, talked me up, and got me a free hotel room through her connections.  It turns out to have been the most fun feng-shui job I had ever done, and I’ll remember that particular short, but sweet Las Vegas trip forever.

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February 3, 2011

Modern Family: An Affidavit of Citizenship & Affidavit of Domicile Notarized

Filed under: Sit-Coms — Tags: , , , — admin @ 8:51 am

GLORIA: Jay, you know what I have a craving for? And before I answer that, get your mind out of the gutter.

JAY: Not everything I think about is in the gutter, especially when you ask me to do chores like cleaning the gutter.

GLORIA: I was thinking, I would be nice if invite everybody to have dinner with us?

JAY: Well, what would we cook?

GLORIA: No, I don’t want to cook. I want to go and introduce everybody to my culture.

JAY: I think you’re doing a good job of that already. Remember when Jesse knocked on our door last night at 10:15 and you answered the door waving a machete at him?

GLORIA: Well, it was after 10pm, and you can never be too careful! But, I want to invite everyone to go with us to a restaurant from my country.

JAY: Last time we went to one of those places, the food kept repeating on me.

GLORIA: That is because you are not used to it. I have been living in your country for years, and I feel like I am drowning in your culture. I would just like that for two hours, we immerse ourselves in my culture.

JAY: Honey, they way you are built, you can’t possibly drown.

GLORIA: Ah-ha-ha, very funny. So, when can we invite everybody?

JAY: Well, don’t we have to pick a restaurant first?

GLORIA: There is one problem with that. All of the Columbian restaurants that I really like are back in my country.

JAY: Well, we’re going to have to find something a little closer than that. How about Acapulco?

GLORIA: You are right. Acaupulco is much closer than Bogota.

JAY: No, not the city, the restaurant. They’re the most famous Latin restaurant in town.

GLORIA: You’ve been married to me for all these years and you don’t know the difference between Mexican food and Columbian food?

JAY: I didn’t know there was going to be a test. But, honestly, I need to get a few documents notarized before I do anything else.

GLORIA: Oh, come on. When was the last time we did anything fun?

JAY: Okay, you can pick a restaurant and invite people. In the mean time, I’ll get those documents ready.

GLORIA: Can you get one neutarized for me too? My Affidavit of Citizenship?

JAY: I don’t think that even a document can feel neutered around you. You can come with me. But, you have to personally appear before the notary.

GLORIA: Why does everything have to be so personal. Can’t you appear on my behalf neutered?

JAY: Just invite everybody and we’ll go to the Notary in an hour. Just make sure you have your document and your ID. My Attorney drafted it for you, right?

GLORIA: I think I have it, but I don’t understand it.

JAY: I told you he was a good lawyer! Even I don’t understand half of what he writes!

(meanwhile — Gloria decides on a restaurant based on where she has been with a few friends in the past)

GLORIA: (calls Eric & Jesse) Hi, Eric. I am inviting everyone to have food from my country tomorrow night. Would you and Eric like to come? We would meet at our house, and squeeze into one SUV.

ERIC: I would love to. I love trying food from other countries. It’s so exciting, but I’m not sure we’ll all fit in your car.

GLORIA: Oh, don’t worry about it. That adds to the experience, because that’s how we travel in my country.

ERIC: Well, that might work if I brought my clown outfit.

GLORIA: Okay, thanks. I have to call Claire and Phil now.

(ring ring)

CLAIRE: Hello?

GLORIA: Oh hi Claire. We wanted to invite everybody to go out to Columbian food with us tomorrow night. Do you think that would work?

CLAIRE: Sounds like a possibility. Let me run it by Phil. I’ll call him at the office and let you know.

GLORIA: But, let me know in the next two hours, because we need to know how many people are coming.

CLAIRE: (calling Phil) Honey, how would you like to go to a Columbian restaurant tomorrow with the gang?

PHIL: Ooh, that sounds like a lot of something I want to get out of.

CLAIRE: I’ll tell her we’re busy.

(Claire leaves a message for Gloria to let her know that they’ll be busy.)

GLORIA: Okay Honey, I found my Affidavit, and my ID and I’m ready to be neutered!

JAY: You neuter a cat, you notarize a document.

GLORIA: Don’t be silly, the cat would be licking that Notary seal the whole time.

JAY: Unfortunately, his website says that he leaves at 4:45, and we don’t have time to get there today. We can either call a mobile notary that we found on 123notary.com. They charge an arm and a leg. Or, we can go tomorrow afternoon.

(The next day — Jay & Gloria arrive at the Notary office. But, there is an unexpected delay, because there are several people lined up to see the Notary. After ten minutes, the door opens, and Claire walks out.)

GLORIA: Oh hi Claire. I didn’t know you weren’t a citizen.

CLAIRE: What are you talking about? We’re having a permission to travel slip notarized for our daughter to go to Acapulco.

GLORIA: Funny you should mention that because I asked Jay permission to go anywhere but Acapulco.

JESSE & ERIC: Well look whose here! We just got our Affidavit of Domicile notarized!

JAY: We weren’t expecting to see you here. The line for the notary was longer than the line to the woman’s bathroom.

GLORIA: Funny you should notice that!

ERIC: These days, with the ambiguousness of the gender symbols on the bathroom doors, who can tell which is which?

GLORIA: So, are we all ready for a wonderful dinner? We’ll drive you all.

JESSE: (to Eric) What did you get us into?

ERIC: Well, up until now, you always enjoyed being in tight places.

JESSE: (whispering in an agitated voice) Where is she taking us?

ERIC: (softly in a positive excited voice) She’s taking us to have Colombian food!

JESSE: I can’t eat that. Especially in a public place where people might notice if I …. where people without colds have enhanced olfactory senses… hmmm?

ERIC: I’m getting the picture. So, just have a salad. This is a big night for Gloria.

CLAIRE: Didn’t you get our message? We have other plans tonight.

GLORIA: Oh that is too bad. We’ve been looking forward to this for such a long time.

PHIL: I guess we could go. That scrabble game we planned can wait.

GLORIA: Oh good. Meet us at our house at 6pm sharp.

(All six of them squeeze in the SUV. Eric & Jay in the front, and everyone else in back.)

JESSE: Gee, I haven’t been paying attention for the last fifteen minutes. But, by chance, would we happen to be in South Central right now?

JAY: Toto, I have a feeling we’re not at Acapulco anymore. Don’t worry, it’s right off the highway and has secured parking. At least that’s what their website says.

CLAIRE: You mean you’ve never been there before? I tend to lose my appetite when I’m fearing for my life. This is one of the most dangerous neighborhoods in the entire city!

GLORIA: In my country, this would be the good part of town.

JESSE: I really feel like we are in danger here.

GLORIA: Oh don’t worry, if anything happens, I have my machete.

JAY: And she knows how to use it! Hey, the restaurant is not where Google maps says it is. We’re lost!

GLORIA: I’ll just ask those guys over there? Pull over!!! (to guys) Hey guys, do you know where Casa Medellin is? I was there four months ago, and it isn’t here any more.

NEIGHBORHOOD GUYS: Hi bonita. Que quiere? (Translation: Hi beautiful, what do you need)

JESSE: (Elbows eric & whispers) There are eight of them, they’re all huge, have neck tattoos, and they look like they are in MS 13, the Salvadorean gang.

ERIC: No dummy, these are the guys who took out MS 13.

CLAIRE: I think I got the wrong document notarized. It should have been my Will.

GLORIA: Hola guapo. Donde esta Casa Medellin? Es circa de aqui? (Translation: Hi handsome, where is Casa Medellin?)

NEIGHBORHOOD GUYS: They moved. (making a hand gesture of cutting his throat)

JAY: Oh good!

GLORIA: Where did they move to?

NEIGHBORHOOD GUYS: Oh, just two blocks up and around the corner.

GLORIA: Oh, that’s really close. Thank you…

(During dessert)

GLORIA: (Toasting) Thank you everybody. This was the best meal I ever had, and with the best people I’ve ever known. Thank you for making me feel so at home. I feel so at home in this type of environment.

FRIENDS: Home! Great idea.

.

You might also like:

Affidavit of Support and direct communication with the signer
http://blog.123notary.com/?p=7084

Notarizing your foreign language document!
http://blog.123notary.com/?p=2768

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February 2, 2011

Interesting and uncommon notary acts

Filed under: (5) State specific,Notary Acts & Certificates,Popular Overall 2011 — Tags: , , , , , , , , , , , , , , , — admin @ 8:30 am

Notary Acts
 
There are various types of notarial acts, and the rules and types of acts vary from state to state.  In this blog entry, I’ll go over all of the types of notary acts that I can find information about, and introduce some of the points that differ from state to state.  The states associated with each specific act are NOT necessarily the ONLY states associated with those acts, but are the state(s) that we are referencing.
 
Acknowledgment
An acknowledgment is the most common notary act and accounts for roughly 80% of all notarizations with Jurats being in second place.  Many states allow notaries to charge a maximum fee per notarized signature, while Florida’s fees are based on how many times you affix your stamp when executing an acknowledgment.
 
Affirmation
An affirmation is a type of Oath where there is no mention of a higher power (God).
 
Attesting to a Document’s Validity (AR)
This is a notary act that is peculiar to Arkansas.  I don’t recall seeing this as a possible notary act in any other state. Please visit our Arkansas Notary page for more information.
 
Authentication, Apostilles, and Magistracies (General)
These are general notary public procedures common to most states. However, less than 1% of notaries know how to do such notary acts, and you normally have to contact your state notary public division to learn the rules.  The process of getting one of these generally takes a minimum of a few days, and the price is usually high.
 
Certified Copies (WA)(CA)
Some states allow Certified copies of powers of attorney such as California.   Other states often allow a notary to make certified copies of any type of document.  New York doesn’t allow any type of certified copies. The type of documents that a notary may certify copies of vary from state to state.  Washington allows a notary to charge $10 per certified copy of any document for example.
 
Copies of Journal Entries
California notary law allows a small fee of 30 cents per entry for notaries to charge if a member of the public needs a copy of a specific journal entry.  The notary should be careful to make sure that all other transactions recorded in the journal do not show up on the photocopy sent to the individual making the inquiry to protect people’s privacy.
 
Depositions – Certifying Depositions (AR)
Most states use the term, “Take a deposition” while Arkansas allows notaries to certify a Deposition.  Some states allow a fee for the Deposition and then another fee for each oath to each witness.  Rules vary from state to state.
 
Document Copy Charges (CO)
Colorado notary law allows a notary to make copies of documents and charge for this act.  This act ensures that the copied document is a real copy and not a different document or one that is slightly altered.  If you are in another state that doesn’t have this type of notary act, its still advisable to witness the photocopying of documents that are to be certified as copies. Its also not a bad idea to make a notation on the document that you witnessed it being photocopied even though thats not an official act outside of Colorado that we are aware of.
 
e-Notarizations
Rules for e-notarizations differ from state to state.  The main point is to use an electronic journal to record transactions and for the documents to be online or electronic documents.  e-signings are signings where some of the documents are online while others are printed out.  A regular journal is used when doing an e-signing although the signature on the document is electronic.
 
Jurat
This is the second most popular notary act.  A Jurat requires the signer to sign the document before the notary and to take an Oath before the notary as well regarding the document or verbiage.  Several years ago, Jurats did not require identification in many states, but as of 2011, almost all states require the signer / affiant to be positively identified for this notary act.
 
Marine Protest (RI)
Rhode Island is the only state we have seen to have a separate fee for a marine Protest.  A Protest is an act where
someone Protests non-payment of a bill.  A Marine protest or sea protest is a statement where a captain or officer can include relevant details about the ship, voyage, cargo, drafts, date of departure, date of arrival in next port. This type of act is used if unfavorable weather conditions were encountered.  The Marine protest will protect the vessel and their owners from further claims brought forward by charterers, shippers, and cargo receivers.
 
Non-Certified Copies (VA)
Virginia allows for notaries to make copies that are not certified.  A non-certified copy if for information only and is not accepted for legal purposes such as school enrollment or applying for a drivers license or passport.
 
Oath
Most if not all states allow notaries to take Oaths.  An Oath is a solemn promise or statement where the affiant swears that they are telling the truth.
 
Photocopying & Supervising Photocopying (AR)
In Arkansas, a notary can get paid to photocopy documents or supervise the photocopy of documents. 
 
Proof of Execution
This notary act requires a subscribing witness who sees the principal sign a document.  The subscribing witness appears before the notary public.  This act is the only notary act where the actual signer doesn’t appear before the notary.
 
Protest
This type of notary act is where an individual protests the nonacceptance or non-payment of money owed.
 
Safe Deposit Openings (NY)
Here is a unique notary act only allowed in New York and Florida that we are aware of.  The notary must witness the opening of a safe deposit box and record the contents of the box in a certificate, but not in their journal.  Please click on the link to read the details.
 
Taking a Renunciation of dower or Inheritance (SC)
Please see the South Carolina notary division’s website for details on this unique notary act.
 
Verification – Taking a verification upon an Oath or Affirmation (DE)(PA)
Please consult the Delaware or Pennsylvania’s notary division website for more information on this unique act.
 
Weddings (ME), (SC), (FL)
Notaries in Maine, South Carolina, and Florida can solemnize weddings.  Notaries need to be familiar with the procedure and proper wedding etiquette to provide this type of service.
 
Witnessing an Absentee Ballot (FL)
Notaries are not allowed to charge for this notary act in Florida, or California. 
 
Witnessing or Attesting to a Signature (DE)
Attesting to a signature simply means witnessing a signature, and then signing your own name to document that fact that you witnessed a signature.  Delaware is one state of many that considers being a witness an official notary act.

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