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September 22, 2019

When can you charge for an Oath?

Filed under: Technical & Legal — admin @ 10:32 pm

If an Oath is a separate and independent notary act, you can charge for it as far as I know — I swear!

But, I believe (and please comment below if I am wrong) that you may not charge extra for an Oath on a Deposition, court appearance, or for credible witnesses.

When using credible witnesses for an Acknowledgment, you just charge for the Acknowledgment, but not for the credible witnesses. This is only for states that allow credible witnesses which is about 30 states more or less and you can look them up online.

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September 17, 2019

How a video game reminded me what a noble profession we have

Filed under: Other Guest Bloggers — admin @ 9:57 pm

So, you’re probably wondering why I’m even talking about a video game. After all, working as a notary is serious business and you wouldn’t be wrong in saying that it is a profession where errors are seriously frowned upon. Our experience in the profession varies, but the one thing that’s constant among all notaries is that there are professional standards that need to be met.

Some tasks are straightforward and simple, while others are more complex. Yet, no matter how simple the task may be, the smallest error can put others at risk. The game I’m referring to, called Papers, Please, offers is a similar — albeit virtual — experience.

First Off, What Exactly Is Papers, Please?

A recently released point and click game game, Papers, Please places the player in the shoes of a border inspector of a country called Arstotska. The player’s task is to screen each person who wants to enter the country and to try to adhere to standards set by the government. There are many other aspects of the game, but this is the aspect that I want to put a heavy emphasis on. In the game, making an error gets you a citation, and in the later stages an error means letting dangerous people through the border, which puts lives at risk. You essentially handle sensitive data, check it for accuracy and truthfulness, and decide whether you’d allow the person into the country or not.

It’s quite similar to how we check statements and decide if the facts hold up. In fact, most, if not all court proceedings rely heavily on notarized documents, especially during personal injury cases, according to the lawyers at tariolaw.com.

Why Should We Care About This Game?

Well, that’s where the error is. You assume that this is about the game. It’s not. What really struck me was how the tasks got more and more complicated as the game progressed. You have to assess various pieces of information and decide whether to stamp a traveller’s passport, allowing them access through the border.

This puts an air of risk in the game, even when all the player does is to look through papers and counter-check facts presented by a traveller. And the way that the travelers interact with the player in an attempt to appeal to the player’s kinder nature forces you to make hard decisions.

How Is It Related To The Profession?

It reminded me a lot of how we, as public notaries, are the front line of defense against any attempts to commit fraud. In the same way that the inspector in Papers, Please is the first line of defense against people who would do the country harm, we are the first line of defense against people who want to put falsehoods onto paper or when they try to twist the truth in their favor.

And it’s rather funny that I was unexpectedly reminded of this duty by a video game that I happened to stumble across whilst browsing my YouTube feed in my free time!

I mean, whether you’ve had 30 years of experience in the profession or you’re a rookie who’s learning the ropes, it can be draining to do the same thing over and over if you forget your purpose. I’ll say it again, ours is a profession that can’t have any mistakes, whether they’re big mistakes or common mistakes — we are all about accuracy and precision. And sometimes it can be quite draining, but always remember that the seal that we stamp has power and authority. People are depending on us to verify facts and to educate them on what they’re getting into by signing a document.

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September 16, 2019

Travel fees vs. Notary fees in your journal

Filed under: Journals — admin @ 11:10 pm

For those of you who keep a Notary journal, you need to record the Notary fee as one of the fields. But, what if you get paid $65 for a signing with a travel fee and two signatures? How do you differentiate between the travel fee and the signature fees?

You can either arbitrarily decide how much is a travel fee and how much is a signature fee if the job is a flat fee. Or you can base the fees on the fees you quoted the client.

When you fill in your journal, the main thing is to put a Notary fee that does not exceed the fees allowed by your particular state, otherwise you could be accused of charging excessive fees which is illegal. If California allows $15 per notarized signature on an Acknowledgment or Jurat, then you cannot inscribe more than $15 per journal entry for each Notary act.

For those of you who use the “cram it in” style of journal entries, you cannot put a notary fee for five documents on the same line. It just doesn’t make sense. This is yet another potent reason why you should not use a style of journal entry that inputs more than one document per line. It is impossible to prove in court that the signer consented to all of the documents being notarized since he is not signing for a particular one. It is also not possible to know what the fees involved are either which means you are not doing proper bookkeeping.

As far as the travel fee, you could input the travel fee for a particular appointment in the additional notes section of the journal entry and indicate that is is a travel fee. The travel fee I would indicate once on the first journal entry for a particular appointment. Correct and prudent journal entry procedure requires separate entries for each person and document. So, once again, three people each signing four notarized documents would result in twelve journal entries with the travel fee indicated in the top entry.

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September 14, 2019

The Role of Notaries After a Motor Vehicle Accident

Filed under: Other Guest Bloggers — admin @ 11:13 pm

If you have been injured in a motor vehicle accident, then searching for a car accident lawyer is your top priority. They will help you deal with your claim and ensure that you get the best possible settlement when it comes to damages.

However, your lawyer, and the law firm they are associated with, cannot do anything related to your case without a notary doing their job.

In today’s article, we will talk about the role and importance of notaries after a motor vehicle accident.

Notarized Documents
As mentioned above, your car accident lawyer cannot start working on your case if the documents related to it are not first handled by a notary. This is because the court that will be judging your case will not accept any documents that haven’t been properly notarized.

Law firms usually have an employee that holds a notary license, making them capable of quickly notarizing the documents that are needed on a case that of their lawyers is working on.

However, some firms work with either freelancers or third-party notary services as well.

Failure to Notarize Documents
Before filing a personal injury claim, you must make sure that any of the documents that may be needed in court are properly notarized. If you fail to notarize some of those documents, you will lose both time and money.
Why?

Well, even if one single document is not notarized, you will have to file the entire case again. Moreover, depending on the state you live in and its jurisdiction, your case may end up being thrown out due to paperwork technicalities.
In short, it may take a very long time before you reach any settlement, simply because you or your law firm has failed to notarize a single document.

The Importance of Notaries and Notarized Documents
Given that you have just been injured in a motor vehicle accident, you won’t be keen on walking to a notary and getting your documents notarized. Therefore, you should always rely on a personal injury lawyer, as well as on a notary or two, to complete this process for you.

Moreover, keep in mind that you can get your documents notarized online as well, depending on the state you live in.

As you will have to deal with medical expenses and other bills caused by the accident, it is important that you do everything right and on time, to make sure that you don’t waste a single second, and that you will receive your compensation as quickly as possible.

Concluding Remarks
In short, notaries and notarized documents are vital for the filing of a motor vehicle accident claim. You, your lawyer, as well as the court, won’t be able to do anything with your case if you fail to present them with properly notarized documents.

Still, if you choose to work with a professional lawyer and their law firm, they will most likely deal with this aspect of your claim so that you can focus on treating your injuries.

While a notary is essential for a motor vehicle accident, it is better to focus on working with the right car accident lawyer!

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August 18, 2019

Here is why you should keep a journal…

Filed under: Carmen Towles — admin @ 11:40 pm

I was speaking with one of my notary colleagues and I don’t know how the topic of journals came up but it did. This notary lives and works in Florida and they are not required to keep a journal but he does. He says that he always has since day one. He says that it has saved him on more than one occasion.

He shared with me a couple of incidents that he felt have saved him from wasted time, lawsuits and lawyer fees. After a 5 year old notarization, he received a call from an attorney that wanted to know if he remembered notarizing for a Haitian woman whom he had met with. Typically he doesn’t remember them after a few years but he did remember her. The lawyer went on to tell him that the woman had since passed and the son was contesting the POA he had notarized, He said that his mother would not have signed such a document. It seems she had given one of the other sibling POA and this angered him. So, the notary found the journal entry, made a copy and sent to the attorney and that was the end of it. He never heard from him again.

On another occasion he actually received a subpoena and had to actually appear in court. It seems this was around the time of option arm loans and subprime. In any case, the signers of the loan were claiming fraud on the lenders part. Because no-one is required in Florida to keep a journal he was not asked for a journal entry. However, on the day of his court appearance he brought along his journal. Upon taking the stand to be questioned, he mentioned to the judge that not only did they appear before him and indeed sign the loan documents, he had journal entries along with thumbprints to prove it. The judge looked at the journal and in annoyance banged his gavel and said case dismissed. Pay your bills he directed to the borrower/signers.

Now think about this; what if in both these occasions he had not had a journal to prove that these people had met with him. Both these cases had the potential to drag on for weeks perhaps even months.

So moral of the story, PLEASE keep a journal for your own (and others) protection. For most states this is not a requirement. And, if your are precluded/prohibited form keeping one (Texas comes to mind) then by all means follow the rules/laws of your state. But for the rest of you that have no such restriction please keep a journal. It is so worth the extra effort. The benefits for out weigh the expense (buying journals) and the extra time required too fill them out. A journal could save your life…..

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August 17, 2019

The Signature Name Affidavit: what is it and its purpose…

I am posed with questions concerning this document quite often. So let me tell what it is and what it isn’t. For those of you that are unfamiliar; this document is one of the documents found in 95% of all of loan packages.

The signature name affidavit represent names that have appeared on an individuals credit report(s). When a person applies for a loan, the lender runs a persons credit using all 3 of the credit bureaus (Experian, TransUnion and Equifax). These reports will usually include all of the names an individual has used in their lifetime; examples would be; marriages, maiden and name given at birth. The signers are required by the lender to sign the form and the form typically needs to be notarized.

At other times there will be clerical errors consisting of misspelled names and occasionally where the names are quite different. Sometimes in the case of the latter the signers will have an objection to signing the form and one can hardly blame them. So, if the signers have an objection to signing a name that is not their own, I have them strike it and initial. To date that has been acceptable and I haven’t had a document returned because of this action. (I suggest however, that you always bring this to the attention the company (or person) that hired you while-at the signing table if it is an issue. Never take matters into your own hands. ALWAYS ask).

There will be other times when the ID doesn’t match the documents exactly; say for example, a middle name is missing or the maiden was used previously and now they are married but they have no ID with these variations, you may be asked to add this name variation to the signature name affidavit in lieu of having ID. This is a big NO.NO. We must have current government issued picture ID. (or credible witnesses if they are allowed in your state). You CANNOT add names to the signature name affidavit that you DON’T have ID for. This is fraud and you will be on BIG trouble, if it ever comes up in an investigation or court case. I hear notary excuses; “But Carmen, they swore to me that that was their name.” Not good enough. Just imagine how this would appear to law enforcement or a judge. You must protect yourself and the signer. If you unfortunately find yourself in this situation always ask the signers if they have other acceptable ID that has all their names on it or use credible witness if allowed.

Now, I have actually added names to the signature name affidavit that I had ID for, but that is another blog story. 🙂

Until next time, be safe!

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May 16, 2019

Notary Quiz of the day

Filed under: Humorous Posts — admin @ 11:30 am

Notaries hate being tested, but love reading Notary tests on blog entries for some reason. I’ll have to ask my psychic why that is. Maybe it is because they are not on the spot with this. Here is a fun quiz of the day.

1. Notaries notarize
(a) Documents
(b) People
(c) Signatures
(d) Signatures on Documents
(e) People’s signatures on documents.

2. Initials. If you initial a change on a loan document, where should the initial go?
(a) To the right of the crossed out text
(b) To the left of the crossed out test
(c) Above the crossed out text
(d) Anywhere around the crossed out text
(e) Below the crossed out text to the right.

The processor I used to work for did not want me to cross out the text, but initial below the text and below the right end of the text. The processing dept. would do the rest according to good old Emily. I wonder how she is.

3. What is the difference between a conflict of interest, interest, financial interest, and beneficial interest? This reminds me of the joke about the Mortgage Broker who left the industry in 2008 because he lost interest.

4. A Notary was asked to notarize a document with no signature line. What should the notary do?
(a) Ask the borrower to write in a signature line.
(b) Tell the borrower that he cannot notarize the document without a signature and signature line.
(c) Write in the signature line himself.
(d) Refuse to notarize the document.
(e) Call Carmen at 123notary and ask for help.

5. A Notary does a job for an old lady at a hospital notarizing a document. The notary asked the lady if she understood the document and she said yes. Two months later all parties were in court because the lady did not understand what she had signed. What should the notary have done?
(a) Ask the lady to paraphrase the document.
(b) Tell the lady how he went to the white house to visit President Johnson and see how she reacts.
(c) Stick to jail signings — they might be criminals, but at least they are in their right mind (whatever that means.)
(d) Start a conversation about current events to do a “reality test.”

6. A Notary was asked to notarize at the peace process. The Palestinians said you can’t have peace without a process. The Israelis said you can’t have peace without security. The Notary said you can’t have a notarization without a signature. After a long discussion, the Palestinians wanted to be acknowledged twice for one signature, Since the Israelis wouldn’t acknowledge the existence of their people, at least a Notary could acknowledge their signature twice to compensate. What is wrong with this picture?

(a) The Palestinians wanted to trade one Israeli signatures they had captive for two hundred Palestinian signatures as a peace initiative.
(b) The signer is the only one who can acknowledge a signature, not a Notary.
(c) An Israeli Notary will not acknowledge a Palestinian signature until they acknowledge the State of Israel’s signature.
(d) Yes, a single signature can be acknowledged multiple times, but it is the signer who does the acknowledging.

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March 15, 2019

Dr. Phil moderates dispute: Notaries vs. Signing Companies

Dr. PHIL: You have asked me to moderate your ongoing dispute between Notaries and signing companies. I hope that we will have a fruitful session and resolve some of your issues.

FRANK: Thank you Dr. Phil. We Notaries have been complaining for years about low-ball fees. We are sick of it and want to get paid what we deserve.

SAMANTHA: Thank you Dr. Phil. We signing companies used to have better quality Notaries to work for us. In the last several years, the quality keeps going down and down. We feel we shouldn’t have to pay much money to these Notaries who in our opinion, should not be commissioned in the first place.

FRANK: If you want better quality Notaries you are not going to get them based on what you pay.

SAMANTHA: Well, if you want more money, you won’t get it with your communication and notary skills.

Dr. PHIL: Which came first, the chicken or the egg? This conversation isn’t going anywhere. Now, Frank, I don’t know what your level of competency is as a Notary Public. If you want to get paid good money, you have to be good at what you do.

FRANK: Oh, I’m good at what I do.

SAMANTHA: No he’s not. He claims to be good at what he does. We tested him and he got 30% on our test which is so easy, high-school student could pass. We only hire him because the other Notaries are either just as bad, or charge a lot more.

Dr. PHIL: Too bad you don’t get paid for deluding yourself, you’re good at that. Now, you think you are good at what you do, but Samantha here has given you a standardized test and you failed. How can you call yourself a great Notary when you failed a very basic sounding standardized test?

FRANK: Well that’s because I’m anything but a standard Notary. And by the way, you’re just as bad as she is.

Dr. PHIL: Well, what do you think your average standard person is going to think if they know you failed your test?

FRANK: They’ll think I’m an idiot.

Dr. PHIL: So, do you think someone functioning at the level of an idiot deserves high pay? Do you think they deserve to be hired at all? Would you hire someone who failed a professional exam?

FRANK: Oh, well now that you put it that way. Hmmm. Well I thought I was good at what I did. I don’t get complaints?

Dr. PHIL: You have a complaint sitting right next to you. Do you think you’re being honest with yourself?

FRANK: In all honesty, yes… wait, can I start being honest now? Well at least I thought I was being honest with my self.

Dr. PHIL: The fact remains that you are not honest with yourself about how you are severely lacking in your knowledge of notary and signing basics. Those that hire you are not happy about that fact. They will never pay you much as long as you don’t live up to their expectations.

FRANK: What about my expectations?

SAMANTHA: We put up with this type of attitude to save $50 per signing. If we didn’t do that, we would not be able to turn a profit.

Dr. PHIL: Well you get what you pay for. Frank here is not living in reality and exhibits no willingness to learn his profession to the point where he seems hireable. Now, let me ask you a few questions Samantha. How often do the Notaries you hire make mistakes and what are the potential damages to your finances when they do make mistakes? Try to give me as many realistic scenarios as possible.

SAMANTHA: When we hire new Notaries, we screen them out first to get rid of the ones that sound really bad on the phone. The ones we hire, we encounter a 3% error rate, at least with the new hires.

Dr. PHIL: And what are the damages?

SAMANTHA: It’s really hard to say. Sometimes we have to resign. Other times we have to redraw documents. Once , a client lost his lock. But, in one isolated incident, an identity thief was notarized with a fake ID that a good Notary would have spotted. That cost us $20,000 and time in court.

Dr. PHIL: So, that sounds dangerous to me. What is the average cost of a notary mistake, all factors considered?

SAMANTHA: After doing the math, it looks like the average mistake might cost $400. Since mistakes only happen 3% of the time the cost per average job hiring questionable notaries might be $12. We are saving a lot more than $12 to hire cheaper Notaries so it seems worth it to me.

Dr. PHIL: What about the cost to your reputation and the risk of losing clients because you hire less than perfect Notaries?

SAMANTHA: That is always an issue, but since we clean up problems quickly, we haven’t lost more than a few clients. But, that does seem to be a bigger issue. How many Title Company clients have we lost due to the quality of the Notaries we have hired, and how many more would we retain or attract if we used better Notaries. It might be worth $30 extra to hire a better Notary.

FRANK: Now, I’m out of business for sure.

SAMANTHA: Unless you study. It wouldn’t kill you to crack a book.

FRANK: It might.

Dr. PHIL: It looks like we have had a good discussion here. I have learned something, and I think you, Samantha have learned more about the various factors in this complicated equation of who you hire, how much you pay them, and why. Now, Frank, have you also learned that you need to study more to be able to pass standardized tests to make a good impression on people who hire you?

FRANK: 123notary is the only entity who has quizzed me recently, and they are a directory. They don’t even hire people. I don’t think anyone else cares if I know anything, so why should I care?

Dr. PHIL: If you want to get more work at higher prices, you should care. I read an article that says that 123notary certified signers make $8 more per signing and get a heck of a lot more work.

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March 9, 2019

Why You Shouldn’t Use an Online Notary

Here we cover six important reasons for NOT using an online notary public.

We’re living in an era driven by technological advancements. Today, people are willing to use YouTube as a babysitter and tablets as their kids’ companions. Be it engaging games, interactive tools for education or workflow productivity, technology always lends a helping hand but this gives rise to a few questions: Does technology really help us? Does technology need to disrupt everything? How deep into our personal affairs should we let technology creep?

Here we cover six important reasons for NOT using an online notary public:

Far Less Secure than In-Person
Lack of personal appearance defeats the purpose of notarization. Period. How can a notary properly identify someone in the world of AI when they appear on a computer screen? Audio/Video can be made from anywhere through any means. As I write this article, I did a simple Google search for “video overlay app” and about 152 Million results popped up with detailed instructions.

Huge Potential for Fraud
Here’s the dirty secret that online notaries don’t want you to know. Online notary companies require you to upload a copy of your documents so that they can place their seal on them, you then download your “notarized” documents and print them out. But guess what? A copy of your most important legal documents are now somewhere on the online notary’s datacenter just waiting for a hacker to harvest them. And we all hear the same news story almost weekly, “XYC Company has had their data breached and millions of users data was compromised.” What if you were named the beneficiary in your late relatives estate documents that were notarized by an online notary, but all of a sudden, someone else shows up in court with a copy of those same documents but with their name on them as the beneficiary?!?!

Huge Potential for Identity Theft
Internet security is another big one. If you don’t have huge secure data servers processing the data you’re uploading to the online notary, your personal information (ie. your ID credentials and documents) are being thrown out onto the World Wide Web without recourse. Once that data is internet bound, there is no coming back from a potential cyber attack.

It Costs More
In the State of California, notaries may charge a fee of $15 per signature notarized. Online notaries charge almost twice that at $25 per signature notarized. If you have multiple documents with multiple signers, you’re going to spend a whole lot more with an online notary than with a local notary whom you actually get to meet in person and shake hands with. “Shop Local” also applies to notaries.

You Might Need a Do-Over
The receiving party may not accept an out of state notary seal. A little known fact is that it’s up to the receiving party to decide if they will accept the notarization or not. Online notaries only exist in VA, TX and NV at the moment and the receiving party doesn’t have to accept an out of state seal, particularly if the receiving party is a state government agency. You’ll then need to spend more money getting your document re-notarized by a local notary in your home state.

Unemployment
How are local notaries supposed to make a living? Currently there are approximately 164,000 notaries in California. Now, we have a huge corporate company coming into CA (with the infrastructure already in place) and swallowing up notary jobs leaving thousands out of work. Imagine how hard it will be to find a notary if notaries have been replaced by an app but you can’t get an internet connection!

Conclusion
Technology has brought radical changes to our lives. But, we will end up having more disadvantages than advantages if our society overuses technology. What’s your take on this? We would love to hear your thoughts in the comments section.

Author: Matt G Miller
Contributing Writer: Kyle Eisenberg
I was given permission to publish this article by Matt Miller although it looks like it had already been published on his personal blog.

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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

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