January 17, 2019

Notary Etiquette 104 — General Tips

Filed under: Etiquette — Tags: etiquette — admin @ 3:19 pm

GENERAL TIPS
Return to Table of Contents for – Notary Etiquette 104
.

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

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

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

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

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

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

6. Animals
If you are uncomfortable with animals in the room with the signing, you can politely ask if the animal can be put behind a firmly closed door. Dog owners assume that since they enjoy Fido jumping over them that it’s okay that Fido jumps all over you — after all, it’s okay because Fido’s a nice doggy.

7. Where to sit
You are the facilitator of the signing, and you call the shots where people sit at the signing. It is often easier if you sit at the head of the table with husband and wife sitting next to each other. That way when person #1 signs and turns over the document, the second person can turn it over and sign it assembly line fashion.

8. Tips for Jurats
In a Jurat, the signer has a choice of doing an Oath or Affirmation. Many Notaries today are very politically correct to the point where they assume that the borrower will be offended by an Oath and by default only do an Affirmation. This is offensive to those who want an Oath and also not legal. It is up to the borrower to choose which type of Notary act to choose, so just say,

“To execute a Jurat, we will need a statement made under the penalty of perjury as to the truthfulness of the document… would you prefer to swear under Oath under God or affirm on your honor?”

9. Leaving a business card
At the end of the signing it is not bad manners to give them a business card. You never know when they will need another notarization.

10. Do you answer the phone during a signing?
It is generally a bad idea to have phone calls during the signing. Some signing companies forbid this altogether. However, you might not be able to get your next job unless you answer your phone. So, if the phone rings, give the caller a minute before you cut them off. It is rude to answer the phone only to tell someone you can’t talk, and it is rude to the borrowers to have a long conversation with someone unrelated to the loan. This is a judgment call. However, it is sometimes hard to get a chance to talk to a Notary due to the fact they are always busy, because they are either at a signing, between signings, eating, or at church — with notaries this busy there is no good time to talk to them… ever!

Please Also Read:

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

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

Comments (0)

April 2, 2018

Cross out and initial, or use a fresh form?

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

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

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

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

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

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

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

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

You might also like:

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

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

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

Comments (0)

April 1, 2018

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

Filed under: Technical & Legal — Tags: Notary Certificate, Notary Certificate Forms, Notary certificate pads, Notary Certificates — admin @ 9:25 am

Notary Certificates

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

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

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

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

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

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

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

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

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

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

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

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

You might also like:

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

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

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

Comments (1)

March 31, 2018

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

Filed under: Loan Signing 101 — Tags: Acknowledgment, Loose Acknowledgments, Notary Public, Notary Public Forms — admin @ 6:19 am

Notary Public forms

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

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

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

You might also like:

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

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

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

Comments (1)

March 24, 2018

Notary Marketing 102: Phone & Communication Etiquette

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

Return to Notary Marketing 102 Contents

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

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

DURING THE INITIAL CALL

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

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

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

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

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

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

CONFIRMING THE SIGNING & AT THE SIGNING

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

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

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

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

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

OTHER

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

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

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

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

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

Please Also Read:

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

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

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

Comments (0)

January 1, 2018

Following directions is more important than you think

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

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

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

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

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

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

You might also like:

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

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

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

Comments (5)

October 31, 2017

Notary Public 101 — Review Quick Pointers

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

Return to the table of contents page of Notary Public 101

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Comments (6)

August 24, 2017

Letter to Donald Trump about the sad condition of American Notaries

Filed under: General Articles — admin @ 12:56 am

Dear Donald Trump,
I run a nationwide Notary Public directory called 123notary.com and have some sad commentary about the general state of affiairs in the Notary industry. The most pressing is the dismal quality of the knowledge of general Notaries about their rights and responsibilities as well as the poor level of screening that the state notary divisions engage in.

Since you have entered office, my personality has changed. According to feng-shui principles the members of an organization tend to take after the leader of the organization in some subtle or not so subtle ways. Since April, I have been preverbially draining the swamp of “fake notaries.” Some people with absolutely no Notary knowledge whatsoever are commissioned by states run by idiots who will commission anyone — sad! What the states don’t realize is that bad Notaries are a danger to society by empowering and facilitating identity thieves. An improper notarization or improper bookkeeping at a notarization done by a shoddy Notary can make it easy for an identity thief to drain a person’s equity from their property, steal their property, or defraud people in other ways.

In a nutshell, the real problem is that the states do not screen their applicants, do not educate applicants in all aspects of Notary education and do not have sensible testing either. California’s screening is far better than any other state, but still falls short of the mark as our local California Notaries do not always know how to explain notary acts, keep proper records, or which acts are legal versus illegal to do.

My solution is to suggest some Federal guidelines with Federal enforcement. Since the states don’t enforce proper notary procedure with the exception of California who audits journals (but, not anything else), it is necessary for the Feds to step in and add another thin, but intelligent layer of regulation to the industry. Here are my ideas.

1. Standardized Notary Education and Enforcement.
Many states have differing Notary Acts, and that is not a bad thing. However, if there would be a core of universal Notary Acts used in all states, territories, and military bases, that would make education and enforcement easier on a national level. The most critical elements to teach would include:

(a) Proper identification of signers
(b) Proper journal record keeping
(c) Oath giving (Notaries are required to do this but more often then not don’t know how or don’t bother)
(d) General understanding of Notary law, acts and procedures.

2. Reduction in the quantity of Notaries, with an increase in quality.
Judging the quality of Notaries might be hard for you to do, but I do it daily and have the art refined in certain ways. I will vouch for what I condsider the characteristics of a good Notary verses a bad one.

(a) An IQ of 100-120.
Being a Notary requires a certain amount of intelligence as a rudimentary knowledge of law, and applying the laws relating to Notary Public are required to perform the duties of Notary Public and faithfully discharge your duties lawfully while accepting lawful requests and declining illegal requests. Most Notaries do not correctly distinguish between what they are allowed to do and what is illegal and prefer to rely on what they feel comfortable with which is neither here nor there. Those unlawful Notaries need to be weeded out. Notaries that are too smart tend to leave the industry early and are not a detriment, but will not be likely to stick around.

(b) Attorney Notaries are not generally good Notaries.
Many states like the idea of having Attorneys do certain Notary functions such as loan signings. In my experience, Attorneys are over-priced, the least likely to be available, and also are the bottom of the bottom of the barrel in the legal world and are so incompetent that their average stupidity exceeds that of our average non-Attorney Notaries. I am not against Attorney Notaries providing they can pass a tough Notary test to prove their basic knowledge. Attorneys should also be declined any special privileges in the Notary world. In New York, I heard an Attorney can become a notary without a test at all which I feel is a mistake.

(c) A clerical background is desireable.
If someone has a background doing clerical work in a capacity which requires being picky and attentive to detail, that would be a good background for being a Notary Public. Notaries fill out certificates and journals and being nit-picky and anal precedes you as a good Notary. On the other hand a clerical background filled with clerical errors that have gone unnoticed for years would be a disaster.

(d) Being meticulous and having integrity.
Those who dot their i’s and cross their t’s are the types I would like to see as Notaries. Those who are ethical and care about safeguarding society are also idea. Having a generally good attitude matters too.

(e) Willingness to study and learn.
My biggest complaint about Notaires Public is that so few of them read their state’s Notary Handbook. If you aren’t willing to read your state’s laws and Notary rules, how on earth can you possibly enforce them?

3. Regular auditing of Notaries
Notaries need to know someone is watching them as few uphold the law. If Notaries are audited by a mystery person who appears to be a client, that client can ask them to do something seemingly illegal to trick them into incriminating themselves. This is the only reliable way to catch large quantities of bad Notaries. Having Notaries come to the county clerk for a pop quiz once a year is another highly recommended idea. The quiz should be hands on Notary work in addition to multiple choice questions. To audit all Notaries twice a year requires there to be less Notaries to audit.

4. Higher pay for Notaries
To attract good Notaries, there needs to be a good minimum wage for Notaries. I suggest $40 per appointment minimum on the East and West coasts and $30 in the interior states. Additionally, many Notaries travel and states should have minimum travel fees of $40 for appointments that are 30-60 minutes away plus waiting time. Travel fees should be paid in cash at the door or by paypal to eliminate what I call “Beneficial Interest” which is a term that depicts a person who is named in a document who stands to benefit from the document being signed in financial ways or by gaining privileges. By being a Notary whose travel fee is contingent on a document being signed, the Notary will be swayed to accept non-matching identification or comply with illegal requests so they will get their measely travel fee so they can pay their rent. Notaries who are poor are likely to bend the rules to ensure they get paid. Having travel fees paid up front as a matter of law will safeguard the public from Notaries having any semblence of beneficial or financial interest in a document or set of documents being signed.

5. Universal Notary Acts
Most states have Acknowledgments, Jurats, Oaths, Affirmations, and perhaps a few other acts such as Copy Certificaiton Safety Box Opening, Attestations, Witnessing, etc. The problem is that the rules for these acts are not always consistent across state lines which causes a lot of confusion especially to those of us who run nationwide Notary directories. I suggest these as universal acts.

WITNESSING
Some Notary acts require rigid identification rules. It would be nice for those who don’t have identification or don’t have identification with the correct name variation on it to be able to get notarized on informal documents in any case. Having a witness notarization with optional identification would be convenient without being a risk for identity fraud since the documents being witnesses would not concern large sums of money by definition.

A signer could:

(a) sign in the presence of the Notary in a witness notarization.
(b) Identification could be a choice of a thumbprint, an ID with a non-matching name, or an ID with a matching name.
(c) The description of the ID should ideally be documented on the Notary certificate for this act as well as the Official Journal of Notarial acts.

Some states already have an official notarial witnessing act. But, having universal and flexible standards would be wonderful.

ACKNOWLEDGMENTS
Formal documents such as Deeds, Powers of Attorney and contracts normally use an Acknowledgment. Acknowledgments in most states require:

(a) The signer to be identified by the Notary using state approved types of ID cards such as passports, drivers licenses, etc.
(b) The signer has to acknowledge having signed the document in the physical presence of the Notary in a non-verbal way by presenting the document to the Notary with the request for it to be notarized.
(c) California requires the signer to be named in the document
(d) There is an Acknowledgment certificate which must be embedded in the document in question or added as a loose piece of paper and then stapled to the subject document.

The first issue with Acknowledgements on a national level is that there are six states which specifically require an Acknowledged signature to be signed in the presence of the Notary Public while the act intrinsically does not require this. The second issue is that Notaries in states that do NOT require the Acknowledged signature to be signed in the presence of the Notary typically require the document to be signed in their presence because they feel uncomfortable with the alternative. Notaries let their petty comfort related concerns supercede the law which is a problem that needs to be dealt with and enforced. This constitutes the denial of a legal request which by definition is not legal as Notaries Public must provide the public with Notary work for all legal requests unless (in particular states) there is some legitimate reason why the Notary feels that it would not be safe to notarize the person. Standardizing the rules of Acknowledgments makes a lot of senses as that single act constitutes 80% of Notary work nationwide. For those signatures that must be signed in the presence of a Notary, there are other acts such as Jurats and Witness notarizations that require that.

JURATS
Jurats are notarial acts where the signers must sign in the presence of the Notary Public and swear under Oath to the document in some way shape or form. Whether they swear to the truthfulness of the document, or whether or not they signed the document using their own free will, or whether they agree to the terms of the document could all reasonably be sworn to. Most Notaries omit the Oath or give an Oath which makes no sense under the circumstances which is unacceptable.

OATHS & AFFIRMATIONS
Most if not all states have these acts. However, some states (such as Florida) require a certificate for an Oath. If a certificate is to be required, it should indicate the nature of the Oath. Florida’s documentation of Oaths does not require any indication of what the Oath was about. There is no point in keeping paperwork if the paperwork has no pertinent information on it. As a former Notary, I will vouch for the importance of issuing certificates as it is a record for the customer to keep of what happend. The more critical information the merrier (without going overboard.) Notaries need to be taught how to administer good and relevant Oaths and Affirmations as 90% do not know the difference. Oaths use the word swear and normally mention God while Affirmations use the word Affirm or state and leave God out of it which is something that ultra-religious and athiests both agree upon.

6. Thumbprinting
Journal thumbprints are a matter of contention. California is the only state to require it for Deeds affecting real property and Powers of Attorney. Several of the Notaries listed with us were able to provide critical pieces of information to the FBI which helped nail identity thieves, ponzi schemers and other fraudulent menaces to society. Many companies and individuals object to being thumbprinted which creates pressure for the Notary to not thumbprint unless required to by law. Therefor, the only way to safeguard the equity in your real property from being syphened by identity thieves is to require journal thumbprints nationwide.

Since journals are NOT required in all states, it would be necessary to require journals in order to require journal thumbprinting. I recommend a thumbprint requirement for all notarizations of Deeds, Living Trusts, Powers of Attorney, Subordination Agreements, or notarizations where the identification did not completely match the signature on the document.

7. Proper Journal Entries
Most Notaries who I deal with keep a journal, but do not keep it correctly according to what I consider best practices to be. It is common for Notaries to enter multiple documents on a single journal entry which is signed once by the customer / signer. This is a bad practice because it would be possible for the Notary or someone else to add extra document names to the journal entry AFTER the signing was over which would constitute fraud. It would also be possible for someone to accuse the Notary of fraud when he/she did not engage in fraud with such shoddy bookkeeping practices. Therefor, it should be necessary by law to have one journal entry per signer per documents which would be six entries if you had two signers each signing three notarized documents at a particular appointment. The primary purpose of a journal is not to please the state where the notary is commissioned. The primary purpose is to please judges and investigators who use the journal as perhaps the primary or only piece of evidence in an identity fraud court case or investigation. The journal is the only evidence a Notary Public has of what Notary work they have done, so it behooves society to ensure that journals are filled out prudently, completely and correctly.

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November 30, 2016

Notary Acknowledgment Wording

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

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Comments (0)

April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: 30 point course, Jurat, Notarized, Thumbprint — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

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