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October 11, 2017

Notary Public 101 — Basic Notary Acts

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Facebook (very),Popular Overall — Tags: , , , , , , , — admin @ 1:44 am

Return to table of contents for Notary Public 101.

BASIC NOTARY ACTS

Each state has a different list of official Notary acts. Some state handbooks don’t make it clear if certain actions are considered “official” notary acts or not. However, all states or the vast majority have Acknowledgments, Jurats, Oaths, and Affirmations. Many also have Protests and Proofs of Execution, while only a few have Witnessing, Attesting, immigration form filling, and depositions as acts. There are a few more acts I will not mention as they are obscure and very state specific. Let’s focus on the main acts that we will hold you responsible for knowing.

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ACKNOWLEDGMENTS

When I studied to be a Notary, my teacher said you Acknowledge a signature, Execute a Jurat and Administer an Oath. This is not true. The Notary is not the one who acknowledges a signature. The SIGNER acknowledges the signature and then the Notary CERTIFIES that the signer acknowledged the signature by virtue of filling out the Acknowledgment Certificate. Here are some basics on Acknowledgments.

1. The signer acknowledges having signed the document.

2. The signer must physically personally appear before the Notary for such an act.

3. The signer does NOT have to sign before the Notary according to most if not all states such as AK, IA, SC, SD, VT, and WV. Lenders might require the borrower to sign in the presence of the Notary, but that is a particular Lender’s standard and not necessarily a state standard or even a best practice.

4. The Notary must positively identify the signer using identification documents acceptable to their state which normally include Drivers Licenses, State issued identification photo ID’s, Passports, and Military ID’s. Other ID might be accepted on a state by state basis and you can look that up in your handbook. Also, see our section on identification.

5. The Notary should ideally keep a journal entry of all Notarial acts even if their state does not require this.

6. There should be Acknowledgment wording appropriate or acceptable to your state inscribed within the document, or you can attach a loose acknowledgment form with a staple.

7. After you fill out the certificate form, you sign and stamp the page (some states allow you to write in your seal information without a stamp.) Make sure your stamp is clear and not smudgy otherwise the county recorder has the right to reject the Notarization.

8. Note — some states require the Notary to ask the signer to attest to the fact that they signed in their own free will. Please be aware if your state has any unusual requirements or special wording on forms.

9. A California Notary faces many restrictions as to what type of out of state forms they can use. Please check the California Notary Handbook to see what you can accept and what you can’t otherwise you could get in trouble particularly if it is a recorded document.

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JURATS

Jurats are a Notary act where the signer or affiant by definition signs and swears (and/or sometimes affirms) before the Notary. Jurat wording differs from state to state. However, some basic verbiage includes the phrase, “Subscribed and sworn to before me.” What does this mean? This means that the document was signed in the physical presence of the Notary Public as well as sworn to before the Notary Public at the signing. In an Acknowledged signature you can sign prior to seeing the Notary, but you acknowledge before the Notary. A Jurat is completely different. Modern verbiage for Jurats sometimes says, “Subscribed and sworn or affirmed to before me.” This does not mean that you can administer an Oathfirmation and mix the Affirmation and Oath verbiage. This means that you can have the client choose if they want an Oath or Affirmation and do one or the other. Don’t mix these Notary acts unless your state specifically says you can.

Many Notaries are unaware that when executing a Jurat, you do need to administer an Oath particular to the document being signed. Please see our commentary on Oaths below. Failing to administer an Oath on a Jurat is illegal and could void the legal completeness of the document. Some states additionally will reserve the right to suspend your commission if you omit a legally required Oath.

“Subscribed and sworn to before me” is NOT Oath verbiage! That is the written documentation that you gave an Oath. When you ask the affiant to raise their right hand, do NOT utter the words, “subscribed and sworn to before me.” otherwise they will think you are an idiot and there will be no way for them to respond unless they repeat. Start an Oath with, “do you solemnly swear” after they have raised their right hand.

A good Oath for a document could be, “Do you solemnly swear under the penalty of perjury that the information in this document is true and correct to the best of your knowledge, so help you God?” Then the other person says, “I do.” Then you pronounce them “man and document” by the powers vested in you.

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OATHS

Not all Notarial acts include a written document or written certificate. Some are purely oral. Oaths and Affirmations are oral acts where most states do not have a certificate for the Oath. You should write in your journal if you administered an Oath and where it says, “Name of document” you should write that you gave an Oath about a particular topic. You do not write the actual verbiage of the Oath in your journal. You might write, “Oath regarding military duty” or “Oath of citizenship,” etc.

Oath verbiage is generally up to the Notary and few states have any actual requirements for what you should say. However, common sense and tradition dictate certain things about Oath verbiage.

Raise Your Right Hand — you traditionally have the signer raise their right hand before swearing under Oath.

Solemnly – it is traditional to ask the signer if they solemnly swear. An Oath is a solemn occassion and swearing to a Notary is as official as swearing to a judge in a court of law.

Swear — you must use the word “swear” in an Oath otherwise it is no longer an Oath.

Document or Statement — in an Oath you should make a reference to the content you are swearing to. It might be a document, or a statement you are about to me. Just make sure you reference the content in a way that makes sense. Asking someone to swear to “the information” is not as precise as asking them to swear to the truthfulness of “this document” while pointing to the document.

God — Oaths traditionally refer to God. If someone doesn’t like God, rather than remove God from the Oath, do an Affirmation INSTEAD of an Oath.

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Correct Oath wording for a Notary to make for a Document
“Please raise your right hand. Do you solemnly swear that the document you signed is true and correct to the best of your knowledge, so help you God?” — The answer would be, “I do.”

Wrong Oaths for a Document
“Do you solemnly swear that the statement you are about to make is true?”
“Do you solmenly swear that the information you provided is true?”

Commentary
If you are swearing to a document there is no statement you are about to make. There is a document you already signed that you swear to. You cannot swear to a statement you are not going to make — that is nonsense. The information in the document might have been provided by a Lender or Attorney, so don’t make them swear to WHO provided the information. Just have them swear that it is true.

Administering an Oath
When you are a Notary and you give or supervise an Oath to someone, you are administering an Oath. When you administer an Oath there are two ways to do it. You either ask an Oath question such as the ones mentioned above, or you say, “Repeat after me.” Repeating after me is really tenous as every three words the affiant has to repeat those words and it is like being six years old doing the pledge of allegience. How annoying!

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AFFIRMATIONS

An Affirmation is similar to an Oath. The are equal in their significance and used during the same situations. Affirmations are legal in most states. Check your state’s handbook to see if they are used in yours and if there is any state specific wording that you must use. However, you cannot mix and match the wording in an Affirmation. If your client wants to do an Affirmation, you use the word Affirm or State rather than swear, and you do not mention God. Leave God out of it! Other than that, the verbiage is the same as an Oath, so help you nobody!

To better understand choosing Oaths vs. Affirmations or mixing them up together read this fun article about Airline Meals versus Oaths and Affirmations.

To administer an Affirmation for a document just say, “Do you solemnly affirm or state that the information in this document is correct?” or for a purely oral statement just say, “Do you solemnly affirm or state that the statement you are about to give is true and correct?”

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PROOF OF EXECUTION

Not all states allow proofs of execution, but it is a traditional Notary act that I would like you to know about. In a proof of execution, the principal who is the one who signs the document signs when a subscribing witness is witnessing his signature. The definition of a subscribing witness is one who watches someone else sign. Then the subscribing witness appears before a Notary and swears under Oath that he/she witnessed so and so signing the document. I have never heard of this act being done, but for less formal documents, it is often allowed and it is interesting to read about as it is so unusual.

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PROTESTS

Not all states have protests. Protests are normally done by people working in banking to protest the non-payment of a bill or bounced check. We do not hold our Notaries responsible to understand this act although it is good to know what it is.

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October 10, 2017

Notary Public 101 — Basic Notary Vocabulary

Filed under: Loan Signing 101,Popular on Facebook (some),Popular Overall — Tags: , , , — admin @ 1:35 am

Return to the table of contents of Notary Public 101.

BASIC NOTARY TERMS
We will hold you responsible for these. You might also like our complete glossary of Notarial terms.

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Affiant
An Affiant is a person who will swear under Oath and is commonly used to refer to someone who is signing an Affidavit. A Defiant is a person who swears under a tunnel when he loses the AM reception of a basketball game he bet on.

Affix
When you attach something to another thing that is considered affixing. But, in the Notary profession when you stamp something with your seal that is also called Affixing. If you forget to stamp a document you notarized and title finds out, you will really be in affix (a third usage of the word.) When you attach someone with another person, that’s called fixing up.

Agent
Someone who has received special powers from a Power of Attorney signing is called an Agent or Attorney in Fact and also referred in the document as a Grantee. Someone who’s received special powers to go fight crime is called a superhero.

Apostille
An Apostille is a Notary procedure or act that involves both the Notary and the Secretary of State where the Secretary of State officially verifies that the Notary used in a transaction is indeed a real and current Notary in good standing. This procedure is used when sending certain documents outside the country and Authentications are also used to send to other particular counties. If you’re a real and current notary who gave up your seat on the subway for an elderly person, you’re good, standing, in good standing.

Attorney in Fact
The person who receives Power of Attorney is called an Attorney in Fact or Agent. When this person signs on behalf of the principal they sign: John Smith, as Attorney in Fact for Sharon Smith. There are other versions for how to sign as an Attorney in Fact. The person who receives power of X-Ray Vision is called Clark Kent.

Borrower
The borrower is mistakenly referred to as a “client” or “customer” by newer Notaries. The borrower of a cup of sugar is mistakenly called “neighborly.” The signing company regards the title company as their customer while the signer of the loan is called the borrower in oral language. Please also distinguish between a loan signing notary who supervises the signer and is not himself a signer although many Notaries refer to themselves as signers as a professional designation. The Notary Signing Agent is a signing facilitator, not an actual signing in real terms. The borrower can also be referred to as a Mortgagor who borrows from the Mortgagee (the Lender).

Certificate
A Notary Certificate could be a loose piece of paper attached to a Notarized document. (An unattached loose piece of a** would rather be called promiscuous.) A Jurat could be on a loose certificate where the Affiant writes a statement that they will swear to and sign in the presence of the Notary. Not all Notary acts use a certificate such as purely verbal acts such as Oaths and Affirmations and in some states Witnessing. Please understand that although a Jurat uses an Oath as part of the act, that an Oath by itself does not use a certificate. Some also swear that Donald Trump is a true copy of The Annoying Orange.

Copy Certification by Document Custodian
Some states allow for document copy certifications to be an official Notary Act. Some states only allow for a certified copy of a Power of Attorney. However, the Copy Certification by Document Custodian is an unofficial copy certificate and a glorified Jurat with special additional verbiage where the document custodian swears to the fact that the copy is a true copy of the original document.

Grantee
A Grantee is a term used to refer to someone who has been given something such as Power of Attorney agent privileges. The actual Power of Attorney document uses this term to describe the future Attorney in Fact or Agent.

Grantor
A Grantor is a term used to describe someone who has given Power of Attorney privileges by naming an individual as Attorney in Fact or Agent in a Power of Attorney document. A take it for granted-er is a term used to describe someone who knows his wife will throw his dirty laundry in the hamper.

Principal
The main signer of a document could be refered to as a principal. This is the Grantor in a Power of Attorney signing although the two terms are not synonomous. A Principal is also a term used in a Proof of Execution signing and is the person who signs the document. Another proof of execution: Kim Sung Un’s uncle’s tombstone.

Subscribing Witness
A witness who watches someone sign is called a subscribing witness. A witness who watches somebody else’s Netflix is called a non-subscribing witness. The Signature by X procedure uses a subscribing witness who is also commonly referred to as a credible witness meaning a witness who can be trusted. Proofs of Execution use a subscribing witness as well to appear before the Notary Public on behalf of the principal who is the person who signed the document. The Signature by Ex procedure is commonly referred to as divorce papers.

Venue
The venue is the part of the Notary certificate generally near the top that is used to state the state and county. All states have a venue somewhere in the top third of the certificate for all Notary acts that use a certificate such as Acknowledgments, Jurats, Proofs of Execution, etc. A venue is also the place where the notarization takes place. If you change the venue, does that mean you get up from your chair and go to a different address or does it mean you cross out and initial the venue in the Acknowledgment form. I’ll leave that to your imagination. The venue in my brain that conjured up that question is now closed.

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October 8, 2017

Airline meals verses Notary Oaths & Affirmations

Filed under: Technical & Legal — Tags: , , , — admin @ 3:06 am

Have you ever wondered what airline meals have in common with Notarial Oaths? More than you think. In the old days airlines would only have one choice. The choice would normally have meat, and a few sides. Those were the good old days when women stayed at home and men supported them, and children had fathers. But, we solved the problem of children having fathers (so old fashioned and unnecessary.) Now, we are all the more wiser and realize that children do just fine without a live-in father and don’t need school prayer either. What a waste of time. Additionally, we have stopped reproducing for the most part which is another way to solve our sociological problems.

On the other hand, a preacher from Tennessee on television says, “If God goes out, then the Devil comes in… Since we have stopped prayer in school, there has been an upsurge in drugs, teen pregnancy, violence, and the list goes on…” But, I digress.

Now, you can get the regular airline meal, vegetarian, vegan, gluton free, high fiber, and about ten other choices. Singapore air even has some good Asian delicacies (yes please!) But, let’s get to the point of this article. It does have a point, right?

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AIRLINE MEALS

Let’s say that on Trans-Notarial Airlines you have two choices of a meal.

(1) THE REGULAR MEAL: which has a chunk of certified angus beef, two veggie sides and an embossed oreo plus a can of Affiant Cola. And then, there is

(2) THE VEGETARIAN OPTION which gives you the broccoli with tofu, their signature salad, corn, chocolate cake and a drink.

The problem is that the Notaries who ran Trans-Notarial Airlines thought they knew everything about notary food law, but didn’t. What the Notaries did was to offer vegetarians the regular meal, but remove the meat. The Notaries did not know that there was a vegetarian meal since they had not been trained.

Similarly, Notaries are unaware that most states have an OATH and an AFFIRMATION. The affirmation was created or invented as not to offend those who did not want to mention God or swearing. But, what Notaries often do is to administer an Oath, but remove the required Oath verbiage of “swear” and “God” as to please the politically correct and religious zealots instead thereby bastardizing an Oath rather than administering an Affirmation. The other mistake Notaries make is to only do Affirmations when legally they might (are likely to) be required to offer a CHOICE of acts.

MY RECOMMENDATIONS

Offer your clients a choice of an Affirmation or an Oath in a Jurat execution or if they want a purely oral sworn statement. It is their choice, so you have no place choosing for them. It is the same as offering a choice of the regular meal or the veggie meal rather than giving the regular meal without the meat. Where’s the beef? My opinion is that if you leave God out, the devil comes in. So, when you administer a sworn statement to me, don’t forget the God part. Without him/her, we wouldn’t even exist! And for New York Notaries, I recommend not doing Affirmations with the cab drivers because cabbies prefer to swear!

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You might also like:

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

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

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

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February 7, 2017

Notary Wording

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 12:32 am

Notary Wording Varies from State to State
There is no official American Notary wording. Notary verbiage differs from state to state, and varies based on what type of Notary act you are having done. There are various common types of notarizations such as Acknowledged signatures, Jurats, Oaths and Affirmations. The vast majority of notarizations are Acknowledgments whose wording states that the signer appeared before the Notary, was positively identified, and signed the document.

Notary Certificates — what type of wording is included.
Your typical Acknowledgment or Jurat Certificate will include several sections with wording.

1. Venue
The venue states the state and county where the notarization is taking place. Please note that the Notary is not always commissioned in the county where the notarization is taking place. So, if you are in Orange county, but the Notary is from San Diego, please make sure they put the venue county based on where the notarization is taking place, and not where they live.

2. Boiler Plate Wording
The main body of the text could be worded in an infinite variety of ways, but normally state the date of the signing, name of the signer, the name of the Notary, the fact that the signer appeared before the Notary, the fact that the signer signed the document, and if an Oath was included (Jurats by definition have Oaths) then the fact that the signer swore before the Notary. The verbiage “subscribed and sworn to before me this (date)” is commonly used in many states especially in New York where the cabbies enjoy the swearing part more than any other part of the Notarization.

3. The Signature Section
The bottom of the notary wording or notary verbiage has room for the Notary’s seal which might mean their signature or their official notary stamp. In most states the Notary signs and stamps, or might even emboss with a non-inked embosser as a secondary form of stamp.

Types of Acknowledgments
Normally, when people want to be Notarized, they ask the Notary if they can notarize a Jurat for them. In actuality, most Notarizations are for Acknowlegments. Normally people can use an All Purpose Acknowledgment, but in Ohio, there is such thing as a Corporate Acknowledgment and Attorney in Fact Acknowledgment.

Where Can You Find Your State’s Wording?
If you visit our find a notary page, you can click on your state and find current notary wording for your state. Or Google your states notary wording. Example: “California Acknowledgment Wording.”

Sample California Jurat Verbiage

State of California
County of Lake

Subscribed and sworn to (or affirmed) before me on this 5th day of January, 2017, by Jedadiah Goldminer, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Seal)

Signature_______________________

Loose Certificates
Many documents have preprinted notary wording on them. However, it is legal to attach a loose certificate form using a staple. NNA is a great source for Notary certificate pads such as Acknowledgment Certificates, Jurat Certificates, and even Copy Certification by Document Custodian if you want to get fancy.

Filling out the Forms
It is common on Notary certificate forms to have sections where there is he/she/they or signature(s). You have to cross out the non-applicable word(s). If you are Notarizing a woman, cross out the he and the they and the (s). If you are notarizing a man and a woman in the same notary act, cross out the he and the she, but keep the (s). If you are notarizing a man who used to be a women — your guess is as good as mine — good luck, you’ll need it.

You might also like:

Notary Boiler Plate Wording
http://blog.123notary.com/?p=2432

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

We caught a bunch of frauds using Notary Verbiage
http://blog.123notary.com/?tag=notary-verbiage

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December 5, 2016

Affidavit of Support

Filed under: Affidavits,Popular on Facebook (shares) — Tags: , , , — admin @ 10:26 am

What is an Affidavit of Support?
The Affidavit of Support is a common immigration document. This document needs to be notarized with a Jurat (a common Notary act which involves a sworn oath.) The purpose of this document is typically for one family member to promise to the government that they will financially take care of the individual who they are trying to bring to the United States.

Where can I learn about Affidavits of Support?
For official information about this document, please consult an Immigration Attorney or the Department of Immigration. Please do not ask immigration questions to a notary as they are not authorized to answer these types of specialized questions unless they have some type of official authorization.

How do you notarize an Affidavit of Support?
Please make sure you have the document in your hand, and fully understand it before calling a Notary. The Notary will have you swear under Oath and sign in front of him/her. Next, the Notary will will in the Jurat certificate verbiage (notary wording) in the form and stamp the document in at least one place. When I was a Notary, Affidavits of Support required two stamps. There is also a problem that the document doesn’t leave ample room for the Notary Seal, so try to squeeze it in or attach a separate Jurat form if the client chooses for you to do so.

My personal experience with Affidavits of Support.
I had fun notarizing Affidavits of Support. I had lots of clients from around the world who treated me to tamales, dim sum, Thai coffee, and other international treats. Notarizing for Chinese people is the best as they are much more likely to feed you than other nationalities — plus, I love Chinese food.

What are some other commonly Notarized immigration documents?
The Affidavit of Citizenship is a commonly notarized immigration document. The Affiant commonly drafts his/her own statement and then has the Notary notarize the statement which normally includes a sworn Oath and normally requires the signer to sign in the presence of the Notary.

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You might also like:

Affidavit of Citizenship
http://blog.123notary.com/?p=2028

Modern Family: An Affidavit of citizenship & affidavit of domicile Notarized
http://blog.123notary.com/?p=10989

Affidavit of Support & Direct communication with the signer
http://blog.123notary.com/?tag=affidavit-of-support

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November 30, 2016

Notary Acknowledgment Wording

Filed under: Popular on Linked In,Technical & Legal — Tags: , , , , , — admin @ 11:11 pm

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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California Acknowledgment Wording Explained
http://blog.123notary.com/?p=8459

Optional Information on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

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September 18, 2016

He, She, or They?

Filed under: Ken Edelstein — Tags: , , , , , , , — admin @ 12:35 am

He She or They

Jeremy and others have often mentioned the “requirement” (in quotes because the laws regarding this issue probably vary by state) to cross out the irrelevant sections in a notary section. They reason that the notary is responsible to redact entries that do not “match” the person being notarized. I disagree.

In the thousands of notary sections that have my signature and seal, over a decade of doing this; not a single one has had the redactions. Not one. And, I have never been “called to task” for not completing the section properly. There is no mention in New York State law requiring such action. The model for the Acknowledgement that I use has both “he she they” and “his her their”; and is taken directly from the handbook for NY notaries. My Jurat is even simpler: Sworn to and subscribed before me by _____.

Long before “gender identity” was a news topic I concluded that I was not the person to determine the gender of affiants. If I am not the one, who is? Well, the best answer is probably the affiant. However, some may consider a medical doctor more appropriate. It could also be a Judge. I do not see it as my function, in MY statement, to declare the gender of the affiant. Now the gender identity issue has become a hot topic in the media. To me it’s a personal issue, one for the affiant to declare or not declare as they see fit. Whatever gender identity THEY say, outside of the notary section; is fine with me.

My sharp eyed critics, and they are legion; will have noticed I included “they and their” as items that I do not redact. They are thinking “surely you should delimit the notary section to one individual when multiple names are not being notarized”. Perhaps, but I offer two defenses to leaving it as is. First, the sole name, when there is only one affiant signing, is clearly entered in the notarization. Secondly, and admittedly this is a bit of a “reach” – the affiant might identify as being of dual identity. One ID, but they consider themselves two persons. Possibly one gender sometimes, different other times. Technically it’s proper for me to enter two names in the notary section when only one person is before me and taking the oath. This comes directly from the NY County Clerk office. If the affiant has two passports with a different name on each document – they have “proved” both names and “they” have the option of having each name entered on the notary section.

With the rampant rise of identity theft and similar crimes; the role of the notary has become more, not less, important in commerce. More important yes, but not of greater scope in our basic function. Many are the “notary signature only” documents I have seen included with the packages. Fortunately for me it is illegal in NY as a notary; to make statements of fact. The most common being for me to state that I have determined the identity of the affiant(s) to an absolute certainty. The State standard is to view “adequate proof” – not absolute proof. These statements by the notary will only admit you to the litigation chain if, in fact, you were conned by a good looking forgery of the ID.

But, let’s get back to the gender issue. A person is a person, nobody will refute that. We notarize people, they come in a wide variety – and it’s our job to accommodate all of them; within the bounds of our respective state codes. I leave my notarizations “open” to be all inclusive. It’s for others to decide issues of gender. It’s so easy to make false assumptions. I have asked the Sister of the affiant to sign on the Spouse line. Ouch, that was awkward for a moment. Clearly including the name, as taken from the ID is what works for me. Of course care should be taken to not provide an “open ended” notarization to which some additional name(s) can be added at a later date. As the County Clerk told me: “You notarize the name as on the ID, nothing else”. Thus, I make no determination as to he, she, or they, and leave the form alone.

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September 6, 2016

The Rapid Response Notary

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: , , , — admin @ 11:20 am

The Rapid Response Notary

We frequently see the flashing lights and hear the wailing siren. It could be a fire truck, police car or an ambulance. They know the value of a rapid response, often minutes, sometimes seconds will make the difference between being –on time- or being late. Their systems have evolved to, in many ways; shave seconds wherever possible. They use short radio codes in lieu of lengthy verbiage. Often they send a signal to the traffic light to turn green for them. The classic image of sliding down the pole to the fire truck, so much faster than stairs; is known to all.

While our clients rarely have life threatening situations, they too desire a rapid response. Most of use endeavor to avoid our incoming calls going to voicemail; a good start. True, we make lots of calls ourselves, tying up that very important incoming line. Simple solution: use two phones; they are certainly cheap enough. One should be dedicated to incoming calls, and nothing else. The other is for outgoing calls, and those critically important email and text functions.

You just completed the signing, time to send “signed with no issues” to your client. Soon after you have just dropped off the edocs with FedEx. Being a good communicator you send a second status of “package is with FedEx, scanned, and now trackable”. But, that’s not worth setting up an external keyboard, so you “thumb” it into the tiny phone keyboard. However there is a better way. Install on your phone(s) a macro facility that can generate the standard messages, and many others. I use the “signature” facility in ProfiMail (my email program), to select the appropriate message. It took a while to setup; but now those routine messages can be sent with little effort. More importantly: they are sent moments after the event.

Possibly on your business card you list both your home and cell numbers. When you are out on an assignment and a call goes to your home phone will it be forwarded to your cell? Most phone providers allow this, and if you configure it to forward on the 5th ring, you will have plenty of time to answer the phone when home. The objective is to not have clients connect to voicemail.

I assume you use a Bluetooth hands free device with your phone. Just holding a phone while driving will qualify you for a traffic citation, and possibly a fatal accident. You have the phone mounted where it can be seen and reached easily, great. Another problem, the caller wants to give you some detailed information to write down. Most of the time I request the caller to send me the information via email, and offer my email address. But, they are driving too, or unable to text or email. That is when I ask permission to start the voice recorder in my cell phone. A quick tap of a widget on the home screen starts the recording function in Dictomate.

I prefer a separate GPS device and rarely use the one in the cell phone. At a critical turn, a “pop up” for an incoming call can be annoying. No GPS? – you become a “Delayed Response Notary” while you struggle to ask at gas stations which way to your destination. It’s a good idea to go to the right house the first time. But, the GPS does not indicate which it is in a “cluster”. That’s the time to use a powerful flashlight to find the house number; avoiding the neighbor’s guard dog!

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August 30, 2016

Self Notarization Landmine

Filed under: Ken Edelstein — Tags: , , , , , , , — admin @ 11:16 am

Self Notarization Landmine

I’m referring to the form where you are the only person signing. Ignoring the fact that the form asks you to notarize your own statement, what it says can haunt you later. Yes, I know; you feel the statements are the absolute truth. What harm can it do? It’s not a filed document, nobody will ever see it *except* when it’s not truthful. Then can land on you like a ton of lawsuits.

Typically it has a venue, a statement (more on that later), and a place for Notary Public signature, stamp and commission number / expiration date. Sure seems like a “notary” act. But, as I said; let’s just ignore the illegality and get to the possible later grief.

I, the above described Notary Public, hereby certify that I have checked the identification of those parties who have signed before me and I have attached copies of their driver’s license(s) or other picture identification. I have verified them to be the same parties as those described in the instructions acknowledged by me. Witness my hand and official seal ……………

Lawyers love ambiguous verbiage. Here the two key words are “checked” and “verified”. Really? Just how did you do that? Are you trained in spotting a forgery? I’m not referring to a mess made on a copier. The “bad ones” just Google “fake driver license from china” and order from the site that rhymes with snowflake. I looked at their site – it scared me. For about a hundred dollars one can get a VERY good fake driver license from any state. Perhaps a police officer with real time access to police information can determine the serial number is not appropriate for the issue date or the birthdate on the document. But can you? I certainly cannot.

Thus, how can I make a statement that I certify and verify the identities? I know that is what notaries do – “check ID” – but there is a limit to our ability to detect forgeries. Some states have a specific “proof” list – the only items that can be used by the notary. Here in NY, it’s a bit fuzzy, the law requires the notary view “adequate proof” – seemingly a lower standard than verified.

I have followed articles and reviews of the “snowflake” – they have the technology to fool anybody who does not have police type access to driver license databases. It would easily pass my visual inspection. There are forgery detection manuals that go over “hidden” aspects of the various state issued licenses. I’m sure “snowflake” has a copy!

So, there is a good chance that, over the years; I have notarized by accepting a forgery. To me it was “adequate proof”; to you it was on “the list”. So where are we now? Well, I feel I followed my states laws, and so did you. The real issue is making a statement often entitled “Positive Proof Identification and Notary Signature Affidavit” that goes beyond my state requirements.

Recall the Miranda warning “anything you say can a will be used against you in a court of law”. The same admonition must apply even more strongly to things that you sign and “notarize”. I just return these forms untouched, with the exception of attaching a business card.

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March 16, 2016

Can you send a loose acknowledgment? You should hear the answers

Filed under: Popular on Facebook (shares),Technical & Legal — Tags: , — admin @ 11:42 am

I asked a Notary the following questions.

Can you send a loose Acknowledgement if the Grant Deed you already Notarized and send it had a smudgy seal?

The Notary said, that yes you could. You just attach it to the Grant Deed.
I replied back that if you attach the certificate to the Grant Deed, that it would no longer be loose. It is kind of like asking if a virgin can be sent in the mail and you say — yes, she just has relations with Tim and then you can send her. If the virgin had relations with Tim she would no longer be a virgin just like the Acknowledgment Certificate on the Grant Deed would no longer be loose if it were attached to the Grant Deed. On a brighter note, if Tim were the only lady that the “virgin” had relations with, at least she would not be considered to be “loose” like the acknowledgment whose final words were, “Baby, I’ll attach myself to any document… anywhere… any time…”

Legal or not?
Many Notaries feel that it is fine to send a loose Acknowledgment in the mail. This is actually not legal in most states. Acknowledgments should be attached by a stable to the document they are associated with. If the stamp was smudgy on the initial acknowledgment, some states might allow you to destroy the original acknowledgment and add another non-smudgy one in its place. But, no state will allow there to be two acknowledgments for one Notarization floating around. That is just plain crazy.

California?
California wants Notaries to completely re-do smudgy signings. You would have to go back and visit the signer all over again, get a new signed journal entry, and do the Notarization as if you were doing it for the first time if God forbid — there was a smudge.

Summary
The way to handle Acknowledgments with smudges varies from place to place. But, you need to know what the law says so you don’t do something stupid. Most Notaries that I talked to do not have a thorough understanding of the law about this topic.

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