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August 2, 2019

Are you a bad boy Notary?

Filed under: Humorous Posts — Tags: — admin @ 7:55 am

What defines a bad boy Notary? They are just like any other Notary in most respects, but there are differences as well.

1. The bad boy Notary has this, “Don’t give a damn” attitude. He is particular about legal issues because you can get into real trouble for that. But, other things he is less concerned about.

2. The “nice guy” Notary parks on the street or asks permission to park in the driveway. The bad boy Notary parks in the driveway even if there is plenty of room on the street and then says, “Hey baby, I parked in your driveway — I thought you wouldn’t mind.”

3. If the signer is an attractive female: The “nice guy” Notary says, “You’re very beautiful, would you like to go out with me some time?” When she says, “I have a boyfriend.” Then he says, “Oh, I didn’t realize.” When the bad boy Notary hears that she has a boyfriend, he whispers into her ear, “Does he satisfy you?”

4. If the signer is an attractive female: The “nice guy” Notary says, “You have a very pretty smile.” The bad boy Notary asks, “When was the last time you were spanked?”

5. The “nice guy” Notary says, please start here, and feel free to ask if you have any questions about the documents. The bad boy Notary says, “This is a signing appointment — I have another appointment at 8pm and cannot be late. You have borrowers copies that you can read after the signing is over. If you can’t finish by 7:25 I have to leave with all of the Lender documents signed or unsigned. The reality is that the “nice guy” notary will be delayed, end up late at his next appointment, horribly inconvenience the subsequent appointment and get fired. So much for being a pushover!

6. The “nice guy” Notary wears a business jacket. If he is upper class (which is rare in this profession) then he might wear tweed and use correct grammar. The bad boy Notary wears a leather jacket and perhaps a little oil in his hair depending on his personal style. He might wear cowboy boots too and will undoubtedly have a very firm handshake.

7. The “nice guy” Notary apologizes profusely if he needs to thumbprint a signer for legal reasons. The bad boy Notary says, “Hey, I’m gonna need to thumbprint you.” Then if you are a cute female, or perhaps an older female who he feels doesn’t get enough attention for males (which is something he will have to do something about) then he will read your palm and tell you about your love life and other factors.

8. The “nice guy” Notary holds on to packages if there is any reason the signing company might call back. But, sometimes he flakes, forgets to deliver them by cut off and gets severely reprimanded for being a twit. The bad boy Notary gets rid of the package because his attitude is, “that’s your problem, buddy” Yet the bad boy Notary never gets in trouble for getting rid of the package.

9. The “nice guy” Notary wonders why he doesn’t get much business. The bad boy Notary goes to title companies in person, gives flowers to the ladies, winks at them (particularly if they are married), and makes his round of calls to the several hundred signing companies he is associated with, flirts with them and gets used. He says things like, “So, are you as beautiful as person as you sound over the phone?” Women sometimes think he is cheesy (perhaps a brie if he has a French accent), but they never forget him. The nice guy notary gets overlooked and rarely used unless they are desperate.

10. The “nice guy” Notary whines when he doesn’t get paid. The bad boy Notary uses several attorneys and collection agencies and takes legal action against companies regularly. He gets some companies to sign a contract when they are desperate which allows him to collect for all types of damages. He is able to collect triple damages some of the time as well.

So, now we know some of the differences between a nice guy notary and a bad boy Notary. The question is, what can you learn from the bad boy Notary? Please write some comments if there are any other bad boy lessons you can teach us which I neglected to mention.

You might also like:

More on bad boy notaries
http://blog.123notary.com/?p=22560

What constitutes a bad boy notary part 2
http://blog.123notary.com/?p=22492

The Notary pride parade in West Hollywood
http://blog.123notary.com/?p=22594

Most Popular Notary Jokes
http://blog.123notary.com/?p=8471

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January 18, 2019

Notary Etiquette 104 — Miscellaneous

Filed under: Etiquette — Tags: — admin @ 10:32 pm

MISCELLANEOUS NOTARY ETIQUETTE TIPS
Return to Table of Contents for – Notary Etiquette 104

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1. Don’t sell people’s signatures or personal information.
It is bad manners and possibly illegal, and definitely unethical to sell or distribute anyone’s private information.

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2. Don’t second guess family relationships.
I once thought the wife was the guy’s mother. Oops!

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3. Handling criticism
Notaries can get very rude or defensive if criticized. The psychology of a Notary is one who claims they know everything when in reality they typically know about 30% of what they need to know and manage to get by with this sub-minimal knowledge. If you make a mistake and someone calls you out on it, don’t argue, just try to understand what you did wrong or allegedly did wrong and learn from that experience. I sometimes quiz Notaries by phone and they get very hostile when I tell them they made a mistake. You won’t learn to be smarter or impress your clients by getting belligerent when criticized — treat it like a learning experience and it might just better you.

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4. When to call the Lender
Some Notaries will call the lender if they don’t know if they should sneeze or not. Calling the lender can end up in a forty minute phone call. You will have trouble getting out of the house where the signing takes place if you call the lender. So, only call if you absolutely have to. In the 30 point course on our blog we have a chapter all about when to call the lender and when not to.

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5. Is it rude to ask for a thumbprint?
This is a topic of debate and even hostility with the Notaries. For your safety you need to take thumbprints. But, many Notaries think that it is not only unnecessary but bad to take a thumbprint because what if you offend someone? I am more concerned with what happens if an imposter drains the equity in someone’s house, the Notary ends up in court for two months without pay, and someone goes to jail. To me that scenario weights a lot more heavily than if someone is offended because you ask them for a journal thumbprint. If the FBI is investigating you because you notarized an identity thief, the falsified information, fake name, fake ID, and fake serial number from the ID will lead the FBI nowhere and they can name you as a suspect in a conspiracy and you could end up in huge trouble. A thumbprint could save your life, so take it seriously.

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6. The document is not in English
You need to refer to your state’s notary laws. Many states will allow you to notarize a document in a foreign language providing the signer understands what they are signing. If you are going to upset someone by saying no to a transaction, make sure you have the right to turn down the transaction before you ruin their day.

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7. Notarizing the elderly
If you are notarizing people who are very old, or in a hospital, ask them some polite questions about current events. Make sure they know who they are, what the document means, and if they know who is in the White House these days. Some people are out of it, so find a nice way to drill them a little bit.

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8. Rude posts on social media
If you think that nobody is reading your social media posts, think again. There are a lot of very hostile and psychotic Notaries out there who are bashing all types of Notary companies including our own. This is rude and belligerent behavior. Many title companies will not hire Notaries who are involved in this type of behavior.

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9. Being obstinate about answering questions.
When companies ask Notaries Notary questions, many Notaries do not want to answer. They feel they are professionals and therefore should not be questioned. The sad reality is that most Notaries do not have a solid notary knowledge and that is why those questions are a necessity. So, be polite and just answer a few questions without trying to wiggle out of it.

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10. Answer emails and phone messages fast.
Keeping people waiting is very rude. Try to get back to people as soon as possible.

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January 15, 2019

Notary Etiquette 104 — Confirming the Signing & At the Signing

Filed under: Etiquette — Tags: , , — admin @ 10:28 pm

CONFIRMING THE SIGNING & AT THE SIGNING
Return to Table of Contents for – Notary Etiquette 104

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1. Call to confirm the signing.
First introduce yourself on the confirmation call. Then 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.

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2. 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.

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3. 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.

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4. 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!!!

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5. 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).

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6. Call if you’re going to be late.
If you are going to be late, call and let them know ahead of time rather than keeping people hanging.

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7. Don’t rush the borrowers.
On the other hand, if you have another appointment to go to, let them know when you have to depart. If you are under a time crunch, you can discuss their right to rescind if applicable and remind them that they have borrower copies.

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8. No drinks on the table
Drinks can spill, so unless you want your Deed of Trust drenched, keep the drinks on a chair or a separate table — no exceptions.

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9. Know when to call the Lender.
If the borrower asks questions, you need to know in advance which questions you can answer and which questions to refer to the Lender. You should have the phone numbers for Title, the lender, and any other relevant party. You can answer questions about what information is where in the documents as well as Notary questions. You should not answer questions specific to their loan.

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10. Middle initials
If the signer doesn’t want to sign with their middle initial, politely tell them that they need to sign the way their name reads on title otherwise their loan might not fund.

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11. How long to wait for return calls
If you try to reach one of the contact people for the loan such as Title, Loan Officer, Lender, etc., and they do not answer, try to give them a reasonable amount of time to respond. Twenty minutes to an hour seems reasonable.

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12. Dress for success.
People get very put off if you do not dress like a business professional. Business casual or business formal is fine. Avoid jeans and definitely don’t wear flip flops, shorts, bathing suits, heavy makeup, short skirts, or night club apparel. Signers get in trouble all the time for not dressing for success.

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13. Don’t bring your kids.
Believe it or not, some Notaries will bring their family to the signing. This is very intrusive and rude. Either keep your family at home, or in the car, but don’t bring them to the signing.

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14. Don’t complain.
Don’t tell the customers how bad certain signing companies are or who didn’t pay you. Keep your personal business personal. It makes a terrible impression if you talk about this stuff.

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15. Don’t give opinions about the loan.
The worst thing a Notary can do is to give an opinion, especially a negative opinion about a loan. You can get fired, blacklisted or even sued because of this. Some borrowers might cancel their loan because you told them they were getting ripped off.

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16. Following instructions
If you were asked to sign in blue, then sign in blue. If you were asked to start at page four, just do it, don’t explain or make excuses, just follow instructions. If you are asked to fax back page 1 to 28, don’t complain, just do it.

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17. If you make a mistake
If you make a mistake as a Notary, you might have to go back out there and fix the mistake. So, don’t keep people waiting. Go back out there and clean up after yourself.

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18. The grace period
As a Notary, you might be asked to answer emails after a job is done. There might be a problem, error, or just an inquiry. If you don’t answer your email or phone because you are on vacation or just don’t feel like it, that can cause a big problem.

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Notary Etiquette 104 — The initial call

Filed under: Etiquette — Tags: — admin @ 11:27 am

Return to Table of Contents for – Notary Etiquette 104

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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?” High-brow clients will judge you by how you answer the phone, so answer like a professional if you want to be treated like one.

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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.

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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. If you are in a restaurant, there might not be much you can do, so at least let the caller know where you are and that you cannot do anything about the noise at least for the time being.

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4. Don’t scramble information
Asking people to repeat endlessly is horrible. If your phone is horrible, get a new one rather than accuse the other person of breaking up. If someone asks if you can do a notarization 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.

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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. Show the world how good you are without trying. Just politely and calmly answer people’s questions and they will get the impression you are a seasoned pro and not an overanxious newbie.

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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. Seasoned signers normally act calm. Signers that are over-seasoned are too calm because they don’t care if they get the job because they want to retire, so don’t be too nonchalant either.

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7. Speak clearly and listen
There is nothing worse than a Notary who mumbles or speaks unclearly. With such Notaries you have to keep asking for clarification as to what they said. And what’s worse, when southerners say the word “bell” it sounds like “bail” and you have to ask them if they meant b.e.l.l. or b.a.i.l… Why can’t we all just be Yankees? Then, there are the Notaries who aren’t paying attention who have to ask you to repeat half of what you say. They are very unpleasant to work with, so please listen carefully when talking to clients.

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8. Confirmation calls
During the confirmation call, it is practical to ask the borrower to prepare for the signing by having a clean dining room table, have animals out of reach, children taken care of, and no noise. Make sure all parties will be there early, have identification, and have any documents or checks going back to the lender or title. It is better if the borrower leaves their outside light on so the Notary can find the house more easily.

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9. Answering machines
Your answering machine should not have unprofessional sounding music. I cannot say what unprofessional music sounds like. Some people have Vivaldi that is just too loud while others have hip hop music. Just be sensitive to how this music would sound to a hiring party and use your judgment.

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10. Grammar
Do you use bad grammar? It don’t matter. Well, actually it does. People judge you in all sorts of ways, so try to use proper grammar as that is part of etiquette.

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December 30, 2018

When are you required by law to do Oaths?

Filed under: Technical & Legal — Tags: , , , , , , — admin @ 10:46 am

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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December 22, 2018

Do you take control at a signing?

Filed under: Best Practices — admin @ 12:43 pm

Many Notaries just get kicked around in this business. They don’t bother to learn their technical information or document information. But, more important, they don’t know how to manage a signing. I just talked to someone in title. He doesn’t care if you are certified or know a lot. He wants someone who will make sure the signing gets finished and documents sent back fast.

So, if the Lender asks you to start the signing at page four, and the borrower doesn’t want to do this, how do you react? Most Notaries will be wishy washy and try to explain why they should start at page four. This invites a debate, insubordinance, and perhaps a no sign. Carmen’s advice is to just place page four in front of them. Have them read it and sign it. Keep the other docs on your side of the table under your control. If the signer protests, inform them that this is what you were asked to do. This is called following directions and maintaining control.

Getting the job done on time means confirming the signing thoroughly, introducing yourself, introducing the documents and staying in control in a polite way.

Some Notaries even dictate who is going to sit where. This can be for the Notary’s safety, or to facility the fast signing of documents especially if you have a husband and wife – they can sit next to each other on the long side of the table to do an assembly line signing of a long package and get it done in minutes.

Those Notaries who let the signing just happen will not do well in this industry. Learn to be polite and firm and take control — and get the job done.

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You might also like:

Following directions is more important than you think.
http://blog.123notary.com/?p=19608

Following directions, what’s the big deal?
http://blog.123notary.com/?p=19600

Following directions in the 30 point course
http://blog.123notary.com/?p=14379

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

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December 18, 2018

Beginner Notaries 103 — Gaining Industry Knowledge

Filed under: Technical & Legal — admin @ 12:52 pm

Gaining Industry Knowledge
Return to Table of Contents – Beginner Notaries 103

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There are many ways to learn about this business. Here are our suggestions.

1. Technical information
For technical notary knowledge, your state is the authority. NNA is often a good source of information on notary law, but your state is the final authority. Refer to your handbook regularly so you can be an expert at your state’s notary laws and practices.

2. Industry information
You can learn a lot by reading what people are talking about on Notary discussion groups. Keep in mind that you don’t know how smart or correct some of these Notaries are. Many are seasoned Notaries who know this business inside out while others are a bunch of hostile complainers who are not good Notaries. Don’t take anything you read as gospel, but just as input that might be informative or even useful.

3. Signing Companies
Once again, to learn which signing companies are popular with others, forums and lists of signing companies with reviews as the place to go and 123notary and Notary Rotary have this type of lists with ratings.
http://www.123notary.com/signco.asp

4. Mentors
Many Notaries find a mentor, or someone experienced that they can ask questions to. Carmen at 123notary is very helpful about answering questions by phone and Jeremy answers questions by email. We are here to help. But, you can ask around and try to find a mentor as well. It would be nice if you can reward them for helping them because they deserve something if they are boosting your career.

5. Courses
We discussed courses before in one of the previous chapters. 123notary has free courses right on the blog which are actually almost as good as a paid course. You can learn a lot about loan documents, loan signing, and dealing with real life scenarios in our courses. Visit our blog and look at the categories on the right to find some of our courses and compilations and other sections.
http://blog.123notary.com

6. Real Life Scenarios
Knowing notary and document knowledge is not enough. Knowing how to handle real life snags and situations can save you from court cases and a lot of grief. We have a page on Notary Public 101 in our blog called Real Life Scenarios. I highly recommend this page.

Notary Public 101 — Real Life Notary Scenarios

7. Experience
Just by doing a lot of work and keeping your eyes open you can learn a lot about this business. Those Notaries who are like a sponge seem to absorb a lot of knowledge. Those who just know enough to get by seldom learn much.

8. Talk to people who hire you
If you talk to Lenders, Settlement Agents, Escrow Agents, etc., you might learn a lot about this business. You could learn about the Escrow process, recording process, what can go wrong if you put your initial in the wrong place, what can go wrong if you identify someone incorrectly, and more. There is so much to know about this business, and the people who hire you are sometimes a wonderful source of endless knowledge — and sometimes they are unfriendly jerks who won’t tell you anything. But, let’s focus on the positive and you will be surprised how much you can learn.

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September 6, 2018

UPL — Unauthorized Practice of Law in the Notary Profession

Filed under: Technical & Legal — Tags: , , , , — admin @ 11:48 am

Unauthorized practice of law… what does this phrase really mean? The sad truth is that this concept is widely misunderstood, and differs from state to state. The definition of UPL (not UPS) is generally arbitrary and is often set by bar associations set on protecting the financial interests of their Attorneys who don’t want any unnecessary competition in the legal services field. So, one could say that Attorneys as a group are engaged in a form of corruption and using the law to enforce standards that serve no purpose other than to eliminate competition (sounds like the mafia). Instead of burying you in cement, a bar association can investigate a person suspected of UPL, and sue them or perhaps fine them for huge mounts of money leaving the Notary essentially financially broken.

Case Study
One of the Notaries listed on our site lost or almost lost (forgot the story as it was from a decade or more ago) $40,000 for doing a loan signing in a state where Notaries are not allowed to do such things.

Attorney States
In certain states that we refer to as Attorney States, only Attorneys are allowed to do loan signings. The premise is that by engaging in the facilitation of a loan signing, that you are making an unstated assertion that you have the same knowledge as a Mortgage Broker, Lender or Attorney and that you can explain the documents. This is simply not true. When a Notary goes to a loan signing, some Notaries do not explain any terms or documents while some do. In my opinion you should catch a Notary in the act explaining a legal term and then bust them. But, merely by facilitating the signing a loan in an Attorney state, a Notary can get busted.

States where Notaries are not supposed to facilitate the signing of loans include Georgia, South Carolina, Massachusetts and perhaps others. This information could be outdated and the interpretation of the rules is far beyond my capacity. However, many Notaries in all of these states advertise on 123notary claiming that they do signings. However, I have heard that they typically don’t do signings for properties that are in their state, but only for out of state properties. I have heard that this is still illegal, but I guess people are not getting caught. My word of advice is to consult an Attorney before doing something that could get you in trouble.

Notary unauthorized practice of law
As a general rule, drafting a legal document, giving legal advice, giving advice about a court case, giving advice about how to draft a legal document, or helping to interpret a legal document might be construed as unauthorized practice of law. However, I am not an Attorney and cannot say with any certainty or authority what constitutes UPL in any state. I am just relaying to you what I have read over the years. Additionally, explaining the terms of a loan or what certain mortgage terms mean might be considered UPL as well – once again, I am not sure, but you can ask an Attorney if you really want a definitive answer.

Choosing the Notary Act
As a Notary Public, it is the choice of the client or signer which type of Notary act they want. The Notary has the right to explain the various Notary acts to them and the rules that apply, but the Notary cannot choose for them. Under many circumstances there might only be one particular Notary act that the Notary would legally be able to perform. In such a case, the Notary should explain the circumstances, how to change the circumstances and ask if the signer wants to proceed as is.

It is common for Notaries while administering Jurats to automatically perform an Affirmation because they are afraid to offend people by administering an Oath. First of all the Notary is required to give the signer a choice as to which Notary act they want to have performed. Second, many people might be offended by Affirmations more than by Oaths. However, I can state with definitiveness that dogs prefer Affirmations.

Drawing in a Signature Line
It used to be common in loan signings for a document to have no signature line, yet have an instruction that it must be notarized. You cannot notarize a document without a signature, and how can you sign without a signature line? If the borrower draws in the line, that is their business, but if the Notary does it, are they practicing law?

Oregon Standards
I have heard that in Oregon, a Notary may not cross anything out on a Notary certificate, nor may they attach a new Notary certificate. But actions would be considered practicing law there as far a I know in my layperson capacity.

Summary
Unauthorized Practice of Law is a crime and is a very wishy-washy state-specific convoluted subject. Please ask an Attorney for a professional opinion on this subject if you are at all concerned.

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August 14, 2018

Title Companies: 123notary Certification – what you need to know about it.

Filed under: Uncategorized — Tags: — admin @ 10:54 am

What does 123notary Certification mean in 2018 and 2019? A letter to title companies.

123notary teaches, screens, and certifies Notaries on:
Notary Basics
Loan Documents
Unusual Scenarios (that can lead to damages)
Clear Communication
Following Directions

We go to this trouble to make your title company’s screening and hiring procedure for new additions to your roster more streamlined, and lessens the chance of serious legal complications in the long run due to improper notary work.

We know that many of you would like to hire better quality Notaries. Are our current certified members up to your standards for being a “good Notary,” and how much extra do you feel they merit per signing? Would it be too much trouble to call a handful, talk to them for a few minutes and size them up and see for yourself how much better you feel they are compared to an average signing agent?

Our 2002 through 2017 tested mainly on loan documents and a little bit on Notary procedure, but involved mostly online testing which was taken advantage of by Notaries who found ways to game the system. As of 2018, we cleaned up our certification, removing those who cannot demonstrate a certain level of still on oral & email quizzes to ensure reliability to your hiring parties. We reduced the quantity of certified members from about 1600 to about 160 and will continue to screen certified members every year or two for quality control purposes.

Our 14 point certification process generates Notaries who are generally polite, responsive, cooperative, and technically competent. I can go over our process in as much detail as you like, but first I would like to let you know that most notaries will not aggressively pursue education on their own. They will only study hard if those who hire them recommend, require, or offer preferential treatment to those that do.

If you have Notaries who you would like to send over who you use regularly who would benefit from a tune up — or those who are not good enough to put on your list due to a lack of basic knowledge, we are happy to tutor, train, or enroll them in one of our courses. This collaboration of our forces will benefit both of us and does not cost title companies a penny. Our work on 123notary is for the greater benefit of title companies. However, we charge the Notaries for advertising and education and never charge title companies for anything.

If you would like to see our sales literature, just visit our loan signing courses page on 123notary.com. If you like the reliability of our screening we would like it if you can endorse our certification. Additionally, a few dozen of our notaries have our elite certiifcation which is a much more refined version of our certification.

We would like referrals and endorsements from agencies and individuals who work at agencies that hire Notaries in exchange for us helping you to refine the quality of your signing agents.

THE CERTIFICATION PROCESS

a. 123notary certification starts with reading our educational materials. We have loan signing courses that we sell. We also have free Notary basics materials in our blog at Notary Public 101 which we are in the process of adding to our sold materials for the convenience of the buyer. However, that material on the blog is open to the public, so our students can see it at any time.

b. We also offer Q&A by email and even tutoring to those who want it. Sometimes the technical aspects of Notary procedure can be complicated and a one on one session can be the best way to learn.

c. Testing is done online, but also as a follow up by phone. Testing by phone is more reliable as a measuring stick as we can ask open ended questions, multiple choice, fill in the blank, etc. Additionally, we know that we have the correct entity taking the test and can adjust our questions to exactly what we want to ask. We can also more easily monitor how many times and when the person took the phone test than with online tests many people abuse the privilege and treat it more like a video game that they keep playing until they win.

KNOWLEDGE REQUIRED
The knowledge required to pass our test as of 2018 includes:

1. Notary Acts. We require Notaries to know when particular notary acts are used, how to explain these acts, and what the requirements of each basic act are including Acknowledgments, Jurats, Oaths, Affirmations and Proof of Execution. We do not teach other acts as they are uncommon and not necessary. We also require Notaries to know how to administer Oaths as they are required by law when executing a Jurat which is done on Affidavits as a matter of custom.

2. Notary Terminology. We require Notaries to know basic Notary terminology such as Venue, Affiant, Certificate, terms relating to Power of Attorney, etc.

3. Certificates. We go over how to fill in the additional and optional information in certificates which deters the fraudulent as well as accidental swapping of certificates to other documents.

4. Journals. We teach prudent journal entry procedure using the one entry per signer per document principle.

5. Power of Attorney. We teach Notaries to follow instructions to a tee on AIF signings and to call in if instructions are omitted or not clear as to how an Attorney in Fact should sign in their capacity.

6. Identification. We teach Notaries how to make sure the ID proves the name on the document. This may or may not be a legal requirement in their state, but it is a prudency requirement that helps reduce the chance of ending up in court.

7. FAQ’s. We teach the basics of FAQ’s at loan signings such as:
(a) When is my first payment due?
(b) Where can I read about my prepayment penalty (if there is one)?
(c) Why is my APR higher than my rate?
(d) Where does it say where my payoffs and fees are located?

8. We teach the basic loan documents. Our emphasis used to be mainly on documents while our current emphasis is on issues that can cause financial damages to companies involved in transactions which are normally Notary issues or issues pertaining to negligence in business matters.

9. RTC. We teach how to date the Right to Cancel in a Refinance for an owner-occupied property.

10. Errors on Certificates. We teach the various ways to deal with errors on certificates, but this gets into state specific areas and also in to areas pertaining to the preference of the Lender or Title company involved.

11. After-Service. After a Notary signs a loan, they still might be needed for several days to clean up errors or answer questions. Notaries are not normally aware of how long they need to be around, so we tell them what types of situations can arise after the fact and how being unresponsive by phone and email will not make them popular with Title companies.

12. Elder Signings. Issues involving the competency and state of mind of signers is critical with elder signings. Elder signings normally take place in the hospital, but it is possible that for loan signings, especially Reverse Mortgages, that elders could be there. If an elder is on morphine, they are not in a position to sign. And if they cannot paraphrase a document, it might be dangerous to notarize them for legal liability reasons.

13. Foreign language signers and foreign language documents. We address these points a bit. A Notary must have direct communication with the signer in all states but AZ where oral translators are, or were allowed. However, for safety, you should not rely on a translator, because if they make a mistake, you could end up in court and you would be ultimately responsible as the Notary Public involved in the particular transaction.

14. Omitted Information. Sometimes a Notary will go to a signing. The instructions might say, “This page must be notarized.” However, there might not be a notary certificate. In some cases there might not be a signature line. We teach how to handle these situations gracefully.

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DANGERS OF HIRING A SHODDY NOTARY

1. Oaths. If you hire a notary who does not administer Oaths, your loan could be questioned, or perhaps even overturned in court by a Judge once the judge finds out that an “incomplete notarization” has taken place. Omitting an Oath makes a Jurat notarization on a Signature Affidavit, Occupancy Affidavit, Identity Affidavit or other Affidavit incomplete and therefore a Judge could declare the document not notarized, and perhaps declare a loan as invalid as a consequence. This would cause serious legal and financial damages to many parties involved. 90% of Notaries we talk to do NOT know how to administer an Oath correctly and most do not administer Oaths at all… ever, because they think it is not “required” in their state. It is required nationally.

2. Dropping Packages on time. If you hire a Notary who holds on to packages when they don’t know what to do in a particular situation, or because they just are not in the habit of dropping documents quickly, you might not get your important documents back on time. This is dangerous and can cause delays in funding, missing the lock in an interest rate, or your loan getting cancelled. Often times several days later, the documents will be found in the trunk of the Notary’s car. Each incident of forgetting to drop a package can cost you hundreds or thousands.

3. Identification. If you hire a sloppy Notary who does not make sure the name on the ID proves the name on the document, it is possible for your loan to end up in court costing all parties thousands. The lack of thumbprints in a Notary journal also makes it hard to identify someone who used a fake ID.

4. Journals. If you hire a Notary who does not keep a journal, you might not experience trouble for years. The minute your notarizations are called into question by an Attorney, the lack of evidence (namely the notary journal) would come back to haunt you and cause a nightmare. Without evidence, you have no way to prove who notarized what, or if a fraudulent notary impostering a real notary did the work. You have no idea who did what or when or what type of identification was used, or even if the signers consented to being notarized.

Additionally, if your sloppy Notary uses the “cram it in” style of journal entries where one line in their journal accommodates all documents in a loan signing (legal in some states but not prudent) your borrower could claim that they never had all of the documents notarized, but only one, and therefore the loan is void and the transaction must be cancelled, etc. This happens once in a blue moon when a borrower wants to get out of a transaction, and legally it is hard to prove if they consented to be notarized on five documents in a transaction when there is only one signature in the journal for five documents. You could claim that the Notary was in cahoots with the lender and added four additional documents after the fact.

5. Confirming. Improper confirming of signing can lead to a lot of wasted time. If the name on the ID does not prove the name on the document, there is no point in going to the appointment. There are many other critical points to go over when confirming the signing. The majority of Notaries either do not confirm signings, or don’t do so thoroughly enough which can cause a lot of loss of time and perhaps delays in the loan process.

6. Following directions. Many Notaries do not follow directions well. This can cause a huge loss to companies that hire them assuming your directions are critical to the success of the the signing. We screen for following directions when certifying signing agents. None of them are perfect, but we weed out a lot by asking a few following directions questions.

7. Notarizing for non-English Speakers. If you notarize for non-English speakers, this can lead to liability if you cannot communicate effectively with them. Any misunderstanding could come back to you.

8. Dating the RTC. You would be surprised how many Notaries cannot date a Right to Cancel. That can cause financial damages to any company that hires them.

9. Elder Signings can be a source of liability. The elders don’t always understand what they are signing. A competent Notary makes sure the signer understands the document, especially if elderly or in the hospital.

10. Being responsive after the fact. Many Notaries disappear or play hookey after a signing. Notaries are needed to answer questions before, during and after the signing. If they are not, this could cause grief to the hiring party.

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August 3, 2018

Notary Public 101 — Scenarios: What entities might want to see your journal?

Filed under: Uncategorized — admin @ 6:38 am

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 you don’t keep a journal regardless of what your state says.

The FBI investigates ALL Mortgage fraud. That means that if you notarize a fraudulent mortgage, don’t keep a journal, and the FBI catches up with you– you are in trouble as well as the Lender and they can name you as a suspect. The possibility of being slapped with a $20,000 Attorney fee is just not worth the risk. It is much easier just to keep a journal so that you will have some sort of evidence of what work you performed.

Here is a list of entities that might want to see your journal other than your state which may or may not require it.

1. The FBI
2. Judges in court
3. Signers
4. Attorneys
5. People who were affected directly or indirectly by something you notarized perhaps such as beneficiaries, etc.

When I was a Notary, I had three or four inquiries about journal entries. Since I kept my books in order I was ready. How ready are you?

You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Comparing journal entries to FedEx signatures
http://blog.123notary.com/?p=19375
How many journal entries do you use for two signers on three docs?
http://blog.123notary.com/?p=19391

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