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May 16, 2021

An underwriter becomes “The undertaker Notary”

Filed under: Humorous Posts — admin @ 12:49 pm

A Mortgage Underwriter (with a background in origination as well) decided to become a signing agent. But, who called herself the Signing Undertaker. Every time she arrived at a signing she said, “I’m sorry for your loss.”

The borrowers couldn’t figure out what loss she was talking about. She explained, “The loss of the $256,000 you will lose in payments over the next 30 years.” One borrower concluded, “Now, I understand why you are called the underwriter.”

The Notary would have music from funeral services to start the signing and do a eulogy about the loan as well.

Dearly beloved. We are here to witness the signing of Fred’s loan. If at any part of this process you feel sad, don’t worry, we have Kleenex in our bag. Fred’s money was a good money. It was always there to help Fred, and Fred’s friends. The dollars led a good life… (sob) I can’t do this. This is too emotional. Okay, I’ll do this. And Fred’s money has now departed. It is so sad. I guess this is how life is. Money comes and money goes. But, it departed so soon and so young. None of us were expecting this.

FRED: Um, Mrs. Notary, can we finish the signing please and cut the music.

NOTARY: Sob…. okay. You’re right. We should just get to the point, and then we can bury the money.

FRED: We are not burying the money.

NOTARY: Okay… but, were you close to the money?

FRED: (gives the Notary — the look.)

NOTARY: I understand how you feel.

FRED: Okay. We’re done. Thank God you are not a therapist Notary otherwise you would say — I’m sorry , but I’m afraid our time is up.

NOTARY: I was going to do that, but stopped dead in my tracks because you don’t play organ music in that profession. Especially the Bach Toccata and Fugue in D minor which is often played at funerals. My favorite piece of music of all time… sob.

FRED: Oh, I’m sorry for your loss. You seem so sad.

NOTARY: No, I’m supposed to say that. I’m the undertaker Notary, not you.

FRED: Well I’m the undertaker signer. So, I’m sorry you feel so sad. I love Bach too. But, I’m afraid our time is up.

NOTARY: So, now you are the signer therapist? I can’t get a handle on who you really are. Who am I dealing with here?

FRED: See you next time and we’ll give you a good review on Yelp. Loved the music. I’ll request they play that at my funeral if I ever die.

NOTARY: Oh, you will…. and how!

FRED: Thanks for the vote of confidence. Watch the steps. They go down… come to think of it they go down exactly six feet.

NOTARY: I am one step closer to my grave.

FRED: More like nine, but who’s counting. Have a nice evening.

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May 1, 2021

Precautions as a notary are like wearing your seat belt

Filed under: Best Practices — admin @ 6:28 am

One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

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April 30, 2021

Jeremy’s guide to different types of signatures

Filed under: Technical & Legal — admin @ 10:09 am

In my career I saw a bunch of odd signatures. Most of what I saw was normal though. Here are the types of signatures I saw.

1. Regular looking signatures
Some had a middle initial or name(s), some did not.

2. Odd scribbles

3. Scribbles that were as tall as they were wide — reminds me of Arabic calligraphy. My comment was, “What IS this?”

4. Hieroglyphics
I once went to an Egyptian restaurant. The menu was in English, but I’ll give you a hint as to what language the inflated bill was written in.

5. Chinese characters
The signature on the ID matched the ID although his English name did not match the characters. I think I am at an advantage as I can recognize Chinese characters, but not all of them. Anyway, the signer was one hell of a character himself speaking of characters.

6. The Israeli Job
Remember that action movie, “The Italian Job.” I did an Israeli job. This guy was in the film business and his signature was a horizontal line that turned into a check mark and then a weird dot above the end of it. How bizarre. He insisted that he signed million dollar deals with that signature. If I knew any Hebrew I would say, “Ma-Zei?” (what is this?)

7. The childish signature
Some people write out their signature in very clear letters like children do. I have seen old folks do this too. Very bizarre and illiterate looking. But, then the new generation doesn’t know cursive anymore so I’ve heard.

8. The X
Incapacitated people and illiterates sometimes sign with an X. They need subscribing witnesses to help with that procedure and you better study up before you try it.

9. A thumbprint
I have never heard of this. But, I heard that a Notary in Florida accepted a thumbprint as a signature during a signature by mark signing. Not sure if that is legal there, but I heard they did it.

10. The artwork signature
Other signatures look like some sort of artwork you would see in embroidery. This is unusual, but if it happens it will most likely be a woman’s signature.

11. The bubbly dots on the i’s.
Teenage girls and young women sometimes do this. This is how I caught someone who forged my signature. It only happened once, but the bubbly i’s gave it away. This woman didn’t cross her i’s and dot her t’s, she bubbled her i’s and forged her t’s.

12. The large initials
I am not sure how legal that is, but if it matches the ID, I guess that works

13. The 1800’s wax seal
In the old days they would use a personal stamp and candle wax to make their seal. I’m not sure if they would sign it as well. Wax can fall off a lot easier than a signature. Those were the days.

14. The Arabic signature
He signed the wrong direction, but in their culture, right to left is the right direction.

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February 10, 2021

Covid-19 vs. ID: which is more important to ask about?

Filed under: Business Tips — admin @ 12:19 am

When you confirm a signing, assuming that you actually take the time to do so, you can ask all types of questions. My suggestion is to have a standardized list of things you need to ask about. However, you might want to arrange your list in order of what is the most critical to ask about.

I asked one lady if she thought it was more important to ask about the signer’s ID or Covid. She though Covid-19 as she had had four clients in the last 300 signings who previously had Covid a few weeks ago although they tested negative. So, 1.25% of her clients were an ambiguous risk of Covid19 yet she did not consider how many people were a risk of having unacceptable ID.

In my experience, roughly 5% of people have an ID that doesn’t prove their name on the document. And if you go to a signing where you can’t identify the signer, you either get a credible witness if your state allows this, or the signing might be over. It represents a potential deal breaking situation.

So, which is more serious, the Covid-19 issue or the ID issue? Covid-19 affects people more emotionally. People get all paranoid because of the media brainwashing. I sat with someone who had had Covid a month early. I was a bit apprehensive to share a meal with him and my other friends, but I did it, and everything was fine, and I lived to tell about it several months later. Someone who used to have Covid might strike some emotional buttons, but if they are testing negative NOW, they don’t pose much of a risk.

So, which is more important to ask about? Covid Covid, Oh my God Covid, or ID, ID, oh my God, ID? In my opinion objectively ID is more important, but if you are a vulnerable person, you probably should not be around other people whether they think they have Covid19, had it but got rid of it, or are asymptomatic and untested. If you are healthy enough to go to a signing, the way the name reads on the ID is the most important thing to ask about from my point of view which is based on science…. Okay, it’s not based on the science, but based on “the logic.”

On the other hand, it is impossible to judge the risk of someone who had Covid but is over it. If that is a deal breaker for you, then perhaps it is more important than an ID in your case. My question is so subjective. Perhaps the question is more about whether you can maintain objectivity in the event of a pandemic of emotional imbalance.

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January 3, 2021

How do you define “pandemic?”

Filed under: General Stories — admin @ 12:08 am

What is a pandemic, and how do you know you are in one.

LADY: How can you go to work when we are in the middle of a pandemic?
GUY: How do you define pandemic?
LADY: Lots of people are dying. It’s an emergency!!!

There are several facts one should know about pandemics, particularly the “fakedemic” we are in now.

1. Covid19 is real, but only has a high death rate for people over 70, and a few very vulnerable people younger than that.

2. Hospitals get paid several thousand extra per death if they record the death as a Covid19 death. This could be considered bribery, or an invitation to corruption.

3. There are no definitive standards for what constitutes a Covid19 death. Many (roughly 25%) of the Covid deaths happened without the dead party being proven positive for Covid19.

4. The remaining 75% of Covid19 deaths consist of:
People who had Covid before , got over it, and died of something else
People who had Covid, but got hit by a bus, had a motorcycle accident, etc.
Those who had Covid but died of another lung complication such as the flu, or pneumonia
People who died solely of Covid which account for roughly 1-3% of the grand total of Covid19 Deaths.

5. The real total of people who died solely of Covid might be around 20,000, and those who died primarily of Covid might be about 40,000 to 80,000, but not whatever the total is these days which is coming up to 300,000 in the USA.

6. According to Judaism, a Pandemic is defined as an infectious disease that kills 3 in 500 people per day. In California Covid19 kills less than 2 people per Million per day. We would need 4000x the quantity of deaths (not cases) to qualify as a pandemic according to Judaism.

7. According to common sense, a Pandemic would be a situation where all hospitals are overflowing, the military is there, constant sirens, ambulances, helicopters moving the sick to where they could be cared for and moving the dead around. During the worst of the “pandemic” in NYC they did have bodies stacked up in the morgue, and overflowing hospitals. But, they did not use military hospitals. The rest of the country did not have such a drastic or desperate situation.

8. I see a pandemic of insanity, madness, and a lack of common sense. People believe everything the biased lamestream media tells them without scrutinizing the information or comparing it to other sources. We have fake pandemics, fake elections, fake news, fake impeachments, fake genders, and fake food. We seek to solve our pandemic with a man-made fake solution, namely a vaccine.

9. This plandemic is more like a horror movie where the evil scientist with a German accent creates a deadly virus, and has the cure for it locked up in a freezer compartment looking forward to selling it at a huge margin. But, in the end of such movies, the mad scientist gets locked up and the resilient people recover. In our case, the mad scientists are in China and backed by God knows who. I don’t see them going to jail.

10. Due to this plandemic, America has forgotten the hundreds of thousands of brave souls who fought so that we could have freedom, a constitution, and rule of law. Now, we are living under tyranny. States are putting respectable businesses in the food and entertainment industry permanently out of business all in the name of “safety.” The bigger problem is that the system of checks and balances doesn’t seem to be functioning. The courts let governors act as emperors and the people do not complain too loudly, even in gun toting redneck states (yee-haw).

Summary
Unless the people wake up and decide that yes, the constitution, liberty, freedom from tyranny, and a good economy matter (just as much as black lives matter), then we will either not have a country much longer, become Marxist, or have a broken economy, political system, and everything else. We are moving fast in that direction .But, why? Because of a pandemic of irrational thinking, a lack of common sense, and a hundred-fold overreaction to Covid Covid, oh my God Covid!

According to Judaism, the spiritual root of infections diseases are:
1. Improper use of speech such as slander, lying, jealousy, abusive speech and others.
2. Improper sexual behavior such as premarital sex, homosexual behavior, etc.
3. Violent behavior. In America there is a lot of spousal abuse, child trafficking, gang violence, etc.

A vaccine can save you from this current pandemic (maybe), but will not save you from God. If God feels you go around lying, cheating, slandering, and bearing false witness against your neighbor which has been huge, especially in politics since 2014 (much huger than normal in my opinion) then he will get you some other way. You can hide fro Covid, but you cannot hide from God

The contents of this article are some high quality, analytical, back to reality and solid spiritual principles which even atheists can get at least on a moral level. Only 20% of Americans (rough estimate) are thinking logically, the others are completely impossible to reason with and let their fear and emotions dictate their opinions. I do not feel it is safe to have your life run by a majority of insane lunatics. Think deeply about what I just said.

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December 26, 2020

Squirrel Becomes Notary Public?

Filed under: Ken Edelstein — admin @ 12:47 pm

Not really, but in the “second time” redo of failed to fund packages; affiants have more than once told me a squirrel could have done a better job. Why is this? It’s not that the notaries don’t know how to notarize; they have problems with related responsibilities. By analogy, becoming a parent involves a relatively simple procedure. Being a good parent is much more complicated.

[She] / He who has imagination without learning, has wings and no feet. — Joseph Joubert
Substitute “Notary Commission” for “imagination” – that describes the situation for many. It’s not difficult to deliver perfection. It does take dedication and an intense desire for the “self gratification” that comes from delivering personal best. When you complete that assignment does it make you feel really good? It should. Knowing that no one, yes, no one could have done a better job should give the Notary a feeling of Pride, and “inner glow” of self satisfaction.

Learning can’t replace experience; but the reverse is also true. In addition to the basic Notary functions (ID check, Jurat/Acknowledgement, Oath, Stamp, Emboss) there is much knowledge to be acquired. Many simply don’t know how to communicate efficiently; neither giving nor receiving accurate and appropriate information succinctly. If you answer the phone with an all too often “hello”; the caller needs to ask “who is this”. Better would be “Good Afternoon, my name is Sally; how may I help you”. Do you need to send 3 emails because you did not ask all the questions in your first? Rest assured the “other side” is forming the “klutz” image of you.

You should have business cards, they are cheap enough. It’s a good practice to “sign your work” by placing your card at the top of the pile. Affix it with a binder clip, never just shove loose pages into a shipping envelope. Then, if someone has a question it’s easy for them to reach you. And, they have your “advertisement” so they know how to reach you for the next assignment. Try to always use stiff cardboard shipping envelopes, not the floppy ones.

Sometimes you win, sometimes you lose. My assignment tomorrow is for a loan package with both husband and wife signing. She is bedridden – they will make the process very slow. I will bring a clipboard for husband to bring pages; one at a time, to wife for her signatures and initials. Not knowing for sure the ailment; I will keep away, but be sure to actually witness the fact that she did indeed sign where necessary. It will probably take quite some time as she is a co-borrower and signs almost all pages. Some are easy, some are hard. Last week I had a 9 page job for my standard fee; it took 5 minutes. It averages out. Don’t develop an attitude when things go slowly – like the classic sign in the coffee shop: Don’t complain about the coffee, someday you too will be old and weak. With an eye to self preservation by avoiding sickness – we can and should do everything possible to accommodate those “less fit” than ourselves.

Lastly, be of good cheer. Nobody likes to work with a sourpuss. A smile and a few kind words will help the process go smoothly, for all concerned. Most people will “reflect” the way you act in their behavior to you, so be pleasant in the face of difficult situations. When you handle that “tough” one – detail what you did when asking for a review; you will often receiving a glowing one!

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December 14, 2020

Best positive reviews about our Notaries

Filed under: Reviews — admin @ 12:30 pm

I wrote another few posts about bad reviews and excuses that Notaries made. Now here are some of the best recent good reviews!

Melissa is absolutely amazing and very professional. She saved my closing from falling apart. She picked up on the first ring and took a closing 2 hours before signing. I highly recommend her and will working with her every chance I can! Thank you again Melissa!

I met Laurel and my client in Las Vegas to sign some very important financial documents. She was most professional, on time, great communication and made me look good in front of my important client. I would highly recommend Laurel and will be utilizing her services again in the near future. Thank you very much Laurel. You are the best!

Barbara was courteous prompt and extremely knowledgeable on our settlement!! I had further questions a few weeks later and I called Barbara. She not only answered my questions but went above & beyond to find me the phone numbers I needed!

Christine was amazing! We needed some medical paperwork notarized for my father and she was able to provide witnesses and notarize documents within a couple of hours. She was kind, considerate, and compassionate about my father, yet efficient and professional. I would highly recommend.

Brian is a very kind person. Also easy and fast to work with. He wore his mask and gloves at all times he even let me put Lysol under his shoes before he came in the house. He is such an amazing notary very good to work with!

I just wanted to advocate for Elizabeth because she really shined when we needed a notary last minute, she gladly stepped in made time for us despite her full schedule. She was professional, very COVID conscious and her warm disposition makes her a pleasure to work with. We met our deadline despite our poor planning thanks to her and will be our first choice in the future, thanks again!

Barbara did an incredible job for me! I live in CA and my 91 year old aunt lives in FL. I called Barbara at 9pm her time and she drove an hour and a half each way the next morning to get a Power of Attorney notarized. Her follow-up was impeccable for a couple of additional calls. I highly recommend her as a professional, can-do person! Thank you, Barbara!

Elizabeth contacted me before our signing time and advised me that the documents had not yet been received. She assured me, however, that as soon as she got them she would be in route to my house. She arrived in a timely manner after getting the docs. I understood it wasn’t her fault she was running a few minutes behind. She looked and acted very professional, had a great smile, and was very nice. We got the documents signed in a matter of no time and she was on to her next signing. I recommend Elizabeth for all of your signing needs. Thanks again ma’am.

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November 25, 2020

Comedic suggestions for slogans for particular names of notaries on our site

Filed under: Humorous Posts — Tags: — admin @ 8:05 am

Originally posted in 2018

Every time I look at a Notary’s name, I get ideas for slogans. Sometimes I tell Notaries these slogans. Look for your name here. I am only listing a small percentage of our Notaries, but you might be there.

Carmen Bland — “Call me if you want a truly tasteless Notary.”

Sally Cripps — “Call me for drive by signings.” (I changed the first name so as not to offend anyone.)

Robert Burger — “Over 1 billion signed.”

Sheila Mabry — “Yes, No or Mabry Notary Services.”

Charles Cook — “Kiss the Notary” or “Well-done notarizations with Charles Cook.”

Carmen Towles — “Throw in the Towles Notary Service.”

Terri Gillette — “For a closer Notarization — every time!”

Jenny Kong — “Queen Kong Notarizations.”

Mary Potter — “Get notarized by me and I’ll use my brother’s magic Notary seal.”

Shirley Silver — “Not quite gold standard mobile notary.”

Mary Jane Jock — “Tired of being notarized by nerds? Call me!”

Catherine Minor — “Have you ever wanted to be notarized by a minor? Now’s your chance!”

Vene Moses — “Let me lead you out from being lost in the Notarial desert.”

Ann Dye — “A Notary Service to Dye for.”

Donna Mooney — “Looney Mooney Notary Services.” or “Full Mooney Notary Services.”

Robert Crouch — “Crouch ain’t no slouch.”

Sharon Wolf — “A Notary service in sheep’s clothing.”

Christine Loya — “You don’t need an Attorney, you need a Loya… Loya Notary Services.”

Kathleen Spies — Shaken not Stirred Notary Services.” or “007 Notary Services.” or “Double Agent Notary Service.”

Paige Borel — “You can’t replace this Paige.” or “Call me and we’ll be on the same Paige.”

Yvonne Blankenship — “My ship might be blank, but I do not notarize documents with blanks.”

Jennifer Winkler — “Get Notarized by the Fonz’s sister and say — eyyyy…”

Leslie Worth — “When you’re tired of those other worthless Notaries, call me!” or “Looking for a Notary where you get value? Look no further.”

Eva Sommer — “All Season Notary.”

Kathryn Reynolds — “The Notary who wraps things up.”

Shelly Booth — “The Notary Booth Notary Service.”

Tresia Burrow — “Ground hog Notary services.” or “A Notary who digs deep into Notary issues?”

Debra Wise — “Wisdom Notary Services — we never wise off to our customers.”

Wendy Gray — “50 Shades of Gray Notary Service.”

Robert Hyatt — “We notarize even after check out time.”

Etta Bell — “A Notary with a nice ring to it.” or “The Notary whose name rings a bell.” or “Heard of Etta? No, but the name rings a bell.”

Pearl Champaign — “Bubbly Notarizations.”

Robert Pratt — “A notary who never falls or clowns around.”

Dorothy Holmes — :Holmes equity line of credit Notary Service.” or “Mortgage your home with Holmes!” or “Your Holmes or mine Notary Service.”

Barb West — :Your business will never go South with me.” or “Call me for a Notary who is the best in the West.”

Tammy Mello – “Call me for a relaxed signing.”

Lucille Frost — “Chill Out Notary Services.”

Brian Quick — “Quick Signings Notary Service.” or “Call me for a quick signing!” or “Call me for the fastest Notary anywhere!”

Denise Lytle — “A lot from a Lytle Notary Services.” or “Call me for a Notary who works a lot, but only charges a Lytle.”

April Risley — “Spring Notary Services, let us spring into action.”

David Love — “You’ll like my work but you’ll love my prices.” or “You’ll love my work. or “For a Notary you’ll love.” or “I love you, man – Notary Services.” or “All is fair in love and Notary work.”

Sandy Moose — “Antlers in the head lights Notary Service.” or “Call me for a Notary who spends three hours parked in the middle of the road blocking traffic for no apparent reason.”

Julie Key — “Let me be your key to a successful notarization.”

Elizabeth Lock — “Lock & Key Notary Services.” (Maybe she should do a merger with Julie Key…)

Amanda Deel — “Deel me in Notary Services.” or “Great Deel Notary Services.”

Cheryl Bass — “There’s nothing fishy about this Notary.” or “For a Notary who is low key.”

Kelly Ruble — “Dollar for Dollar Notary Services.” or “You’ll never get a bad exchange rate with us.”

Heather Day — “Day or Night Notary Services.” or “24 hour notary services.”

Brittni Couch — “Coach Potato Notary Service.”

Gina Sas — “The Notary Service That Never Talks Back.”

Amber Dates — “Amber Alert Notary Service.” or “Blind Date Notary Service” or “Dates & Times Notary Services.” or “Medjool Notary Service.” or “Get notarized by pitted Dates with us.”

Pamela Knight — “Day or Knight 24 Hour Notary Services.”

Karla Hand — “Lend me a Hand Notary Service.” or “Hands on Notary Service.” or “Witness my Hand and official seal Notary Service.”

Angela Ma — “Not just another Ma & Pa Notary Service.”

Judy Weddle — “Don’t Meddle with Weddle.”

Verna Wright — “Get the Wright Notary at the Wright Price.”

Stephanie Story — “Chapter and verse Notary Service.” or “Once upon a time Notary Service.”

Coleen Ho — “Who you callin’ a Ho Notary Services.” or “Call me for a Notary who is gung ho.” (we changed the first name so as not to offend anyone too badly.)

Karen Wynn — “Wynn Wynn Notary Services.”

La Donna Penny — “Pennies on the Dollar Notary Service.”

Edwin Forte — “Notarizing is my Forte!”

Julia Hill — “Up Hill Notary Services.” or “Over the Hill Notary Services.” or “It’s all down hill from here Notary services.”

Robert Getter — “Getter is Better and will notarize your document or Letter!”

Ricky Salmon — “Wild Alaskan Notary Service.” or “Omega 3 Notary Service.”

Frank Tabacca — “Pipe Dream Notary Service”

Liz Demera — “I’m Liz Demera of Madera County.”

Stoney Wright — “Looking for Mr. Wright? Look no further.” or “Mr. Wright Notary Services.” or “Wrights and Responsibilities Notary Services.”

Julie Sleep — “I’m so experienced I can sign in my sleep.”

.

You might also like:

The Noterator
http://blog.123notary.com/?p=19116

Names for Notary businesses that can get you trouble
http://blog.123notary.com/?p=19064

Geographic Notary Business Names
http://blog.123notary.com/?p=19060

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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November 8, 2020

Elite Certification will benefit you for the rest of your life

It sounds ominous, but could be good too. Like if it were a goose that laid golden eggs. How can one possibly get such a goose? Easy — from 123notary!

Many Notaries say, “I studied already, why do I have to study again?” The answer is that in any profession, to keep you up to the highest standards you have to keep studying. And we have raised our standards and want to raise you with our standards. In the old days, we only asked a few questions to elite certify people because we were not organized about that particular test simply because so few people would take it. Now, we are giving it for free to many, and asking several dozen well organized questions falling into several categories. But, let’s do a cost and benefit analysis.

Cost – Free, but you need to invest 5 hours
It might take a few hours to study for the elite quiz. However, it does not cost money now. We used to charge $179, but now it is free, and lazy Notaries are not jumping at the opportunity because they want to get paid for services when they don’t understand what they are doing (despite their claims of being an expert.) I quiz people all day long and only 3% of you guys know what you are doing regardless of how many decades you have been doing Notary work incorrectly or illegally.

Just review basic notary acts and procedures. Review which documents cover what topics. Review the advanced elite topics in our study guide. It is not that hard and you can learn it.

Benefits:

1. Elite Certification is something you can keep for life.
We might want to do brush up quizzes from time to time, and you might have to review, but it is given with the intention of being a life designation. Whatever studying you do will benefit you with this icon for the rest of your career — day after day, month after month, year after year. You will get more money and jobs for the rest of your career.

2. Make $14 more per signing.
A poll of three hundred Notaries revealed that those who passed our elite certification made $14 more per signing than those who were not 123notary certified. Most Notaries complain that they don’t get paid enough and that they want to find a way to get paid more. Meriting the pay by proving your knowledge is the key. Our elite certification is highly prized and will get you more pay

3. Get more work
Those who are elite certified get a lot more clicks to their listing and a lot more work. I would estimate that they get close to double the work and more money per job. That translates into perhaps triple the income after expenses are paid such as car, printing, phone, etc.

4. Get favors from 123notary
We don’t always do people favors, and sometimes we do unfavors if you don’t login for 120 days (I’m sure you heard about that.) But, Elite Certified Notaries are a special breed, and if we can find a way to raise them up the list, we will. I am not promising anything, but we regularly reward Elite Certified members.

5. Get more respect from title companies
Title companies prefer our Elite members. If you are tired of signing services, get elite!

6. Legal safety
Most Notaries are not aware that being a Notary has legal liabilities. Some of the liability comes because of fraud or misunderstandings that can happen to you that is beyond your control. However, a lot of the danger that happens to Notaries happens because they do not take safety precautions in their paperwork, nor do they follow the law in many instances. Our elite program helps you be cautious and law abiding which could save you from being a witness or defendant in court. Being subpoenaed to court happens to 15% of full time Notaries eventually and is more common that you think. Reduce the chances of this happening to you by being safe and taking all the possible precautions.

7. Knowledge and pride
Most Notaries are proud of themselves thinking that they know it all when they know close to nothing. Having our Elite Certification proves that you are in the top 2% of our Notaries and really know your stuff up to a very high standard. You can feel pride based on real knowledge and not on an arrogant misconception of knowledge.

Elite Certification can change your life. It only takes a few hours of study. I assure you that it is more than worth it.

You might also like:

Why you should consider getting 123notary Elite Certified
http://blog.123notary.com/?p=20094

Studying to be elite certified is worth $533 per minute
http://blog.123notary.com/?p=20774

The elite certification study guide
http://blog.123notary.com/?p=20118

Attention Title Companies – what you need to know about our new certification standards.
http://blog.123notary.com/?p=21065

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