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September 17, 2019

Ken’s most popular oldies

Filed under: Ken Edelstein — admin @ 3:55 am

Here are some blog entries that I like to link to, but they tend to get buried.

Dress British, Think Yiddish
http://blog.123notary.com/?p=8643

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

The Right to Cancel done Wrong
http://blog.123notary.com/?p=10001

Notarizing your foreign language document
http://blog.123notary.com/?p=2768

A job declined
http://blog.123notary.com/?p=19979

Ken’s list of things a notary might goof on
http://blog.123notary.com/?p=19427

Split PDF’s into legal and letter
http://blog.123notary.com/?p=8856

The Affidavit of Occupancy
http://blog.123notary.com/?p=10193

The Compliance Agreement
http://blog.123notary.com/?p=15828

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August 30, 2019

The notary apologizing game

Filed under: Humorous Posts — admin @ 10:54 pm

A Notary notarized a couple in Venice, CA. The husband was signing an Affidavit and the wife was signing a Power of Attorney. The Power of Attorney notarization required a thumbprint by law, but the wife (who was a politically correct person) mistook this for sexism.

WIFE: Ah-ha! You want a thumbprint from me, but don’t require it from my husband because he is a man!

NOTARY: With that attitude it is a wonder that you can even attract or keep a man. You regard yourself as our enemy!

WIFE: I resent that. I am on the enemy of sexist, misogynist, guys who are the enemies of womankind.

NOTARY: You mean guys who don’t let you walk all over them?

WIFE: Exactly… Hey No. You tricked me into saying that. In any case. I demand an apology for being a sexist Notary.

HUSBAND: According to the state of California…

WIFE: Stay out of this.

HUSBAND: (shrugs shoulders) okay.

NOTARY: Typical beta-male. You just love those submissive males who are just so happy to have a woman they’ll say anything.

WIFE: That’s the way men should be. They should know who the superior gender is.

NOTARY: Ah-ha! I demand an apology. You just said something sexist towards male Notaries. Okay, it was not notary-specific, but towards males.

HUSBAND: He kind of has a point.

WIFE: Stay out of this — once again…

NOTARY: Okay husband who doesn’t wear the pants in the family….

HUSBAND: Ouch… you kind of have a point here though.

NOTARY: Do you solemnly swear or affirm that the contents of this document are true and correct?

HUSBAND: I demand an apology. You asked me to swear when I don’t believe in swearing.

NOTARY: Oh boy, another one of those.

WIFE: He’s just kidding. He doesn’t stand for any ideology except for cow-towing to my every request which is exactly how it should be.

NOTARY: Well it looks like we live in an ideal world, so how come you are so angry now that you have everything your way?

WIFE: Everything? You call this everything? I still didn’t get my apology.

NOTARY: I apologize for not explaining notary law to you before the signing. Everything I am doing is consistent with Notary law.

WIFE: Well then notary law is sexist and part of the patriarchy since it involves swearing to God.

NOTARY: That is an issue for the secretary of state’s office.

HUSBAND: Do you know any good men’s rights organizations?

NOTARY: After today I will definitely Google a few. And if I don’t find any, then I will owe you an apology.

You might also like:

Affirmations – pleasing the politically correct while offending the traditionalists
http://blog.123notary.com/?p=19606

A New category in the notary census
http://blog.123notary.com/?p=22197

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August 10, 2019

Foreign language documents (California)

Filed under: Carmen Towles — admin @ 11:30 pm

I get calls weekly from the public about notaries in California giving them a hard time with documents in a foreign language. Many California notaries are turning folks away (most of the time in error) because they are under the impression that they can’t notarize a document in a foreign language. The notaries feel that if they can’t read it, they shouldn’t notarize it. Unfortunately, this is not the case. Please read your handbook. You can find this information in the 2019 California Notary Handbook, page 20.

California notaries you can and must notarize any document presented in a foreign language provided you can communicate with the signer. What this means is that if the document is in Spanish (and providing all other conditions are met; such as personal appearance, have current picture government issued ID, etc. are presented) and you CAN communicate in either English and/or Spanish you must notarize their document. You don’t need to be able to read the document. Notaries notarize signatures on documents not the contents of the document. Period.

However, if you are presented with a document in a foreign language and they ONLY speak that language and you don’t speak their language you CANNOT notarize the document. You would then need to refer them to a notary that speaks their language.

Remember, don’t analyze, notarize.

You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

You might also like:

Good Deed Bad Deed
http://blog.123notary.com/?p=16285

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

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July 4, 2019

Notarization at a Subway

Filed under: Humorous Posts — admin @ 2:38 am

NOTARY: What a long drive. But, I’m here. Are you ready?

FRANK: I don’t normally work at this branch of Subway, I’m just “subbing”.

NOTARY: Oh, then can you grade my paper? It’s an Affidavit.

FRANK: There’s a spelling mistake in line two.

NOTARY: Really? And what about your Affidavit. Is it ready?

FRANK: It’s right here.

NOTARY: Would you like onions with your notarization, and would you like to make it a combo?

FRANK: Does it come with chips and a drink for another $2.25.

NOTARY: I actually have Fanta in the car. That helps me get better reviews. Being a Notary these days is not far from being an Uber driver except that we don’t have to vacuum our car as much… or ever.

FRANK: Got it. I’ll sign… Are you watching?

NOTARY: Watching. Your hands are clean right? No mayo or chipotle sauce on your fingers, right?

FRANK: Too late. Please affix your stamp there.

NOTARY: Please sign my journal first… Good… Now it’s time for recess.

FRANK: Recess?

NOTARY: You’re “subbing”, right?

FRANK: Oh, yeah… right.

You might also like:

Compilation of posts about notary restaurant themes
http://blog.123notary.com/?p=17442

The Starbucks Oath questions
http://blog.123notary.com/?p=21001

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July 2, 2019

A millennial self-identifies as being a Notary Public.

Filed under: Humorous Posts — admin @ 2:27 am

TEACHER: Now, class, as we all know, we are all little snowflakes now aren’t we?

CLASS: Yes teacher

TEACHER: And we don’t have to be responsible about anything in life because the world owes us a living. Anyone who criticizes us is bad because they might offend or hurt our feelings which is the worst thing of all. Now class, we must all be sensitive to how people identify. Let’s go around the class.

SHELLIE: I self-identify as being a male police man.

TODD: I just came back from a trip to India, and my nuts were sore from the car bouncing on the bumpy roads in the mountains. Such unbelievable pain. I bet you have had similar problems being a man, right?

SHELLIE: Excuse me?

TODD: You mean your nuts have never hurt?

SHELLIE: I don’t have those yet. I’m transitioning dummie.

FRANK: I self-identify with being a Notary Public.

TODD: Oh good, how much is it to get an Affidavit of copy of transcript notarized?

FRANK: What’s an Affidavit?

TODD: It is a document you notarize… That’s what Notaries do you know. Do you have a stamp and a Notary commission?

FRANK: I think we have to stand up to this type of harassment. My feelings are hurt!

TODD: Have you filed your Oath and Bond with the county clerk?

FRANK: What’s a bond?

SHIMON: I self-identify as being a sephardic cantor.

TODD: Can you sing me some lines from what you sing in shul?

SHIMON: Oh yeah… (sings very Moroccan sounding Hebrew prayers and sways from side to side.)

TODD: Just out of curiousity, did you start out as a Sephardic cantor, or did you transition into it?

SHIMON: I had to go to school to learn to become a cantor. You can’t “cant” unless you study.

TODD: Did you have to study to become Sephardic?

SHIMON: You kind of have to be born into that, but it’s complicated. To be of a tribe, your affiation is based on the father, but your religion based on the mother.

SHELLIE: What about your sexual identity — is that based on your mother’s lineage or your father’s?

SHIMON: I’ll have to think about that. Have a nice evening and Shalom!

You might also like:

Millennial Notaries and gender roles
http://blog.123notary.com/?p=22535

The ADD culture and marketing your notary listing
http://blog.123notary.com/?p=22309

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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

You might also like:

Can you notarize a signature in Chinese characters?
http://blog.123notary.com/?p=18784

The signature name affidavit — what is its purpose?
http://blog.123notary.com/?p=22541

Bikers on boats — Notaries heisting signatures
http://blog.123notary.com/?p=21160

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

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May 9, 2019

Donnie Wahlberg and the Notary

Filed under: Humorous Posts — admin @ 11:18 am

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: Well I’m reliable.

DONNIE: Oh you are? That’s great. Because the other Notaries failed to assure me that they were reliable, therefore you’re the one I’m going to hire for my two hundred documents.

NOTARY: Really?

DONNIE: No dumb-ass! You really think I’m going to take your word for it numb-nuts? The fact that you claim to be reliable doesn’t mean jack. This is ridiculous! I’m calling someone else.

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: I’m cooking right now. I’m a bit of a gourmet.

DONNIE: Oh, I have a new brand for you for gourmets with attitude. It’s called “What the Puck, by Wolfgang Puck.”

(disclaimer — this is not a real brand and the reference was for purely comedic purposes and yes, we love Wolfgang Puck’s line of soups by the way in real life. Particularly chicken and wild rice because I like it wild.)

NOTARY: I find that kind of offensive.

DONNIE: Well I find it offensive that you act like you’re on vacation during a fricking business call. Get your head out of your ass and let me know if you wanna work or not?

NOTARY: I politely decline.

DONNIE: I’ll have to find someone else for my 200 Affidavits that I’m paying $10 per head for.

NOTARY: I changed my mind, I’m so behind on my payments.

DONNIE: You’re behind on payments because you put recreation ahead of work as a matter of practice. I need to find a real Notary who takes life seriously. (slams phone down)

DONNIE: (ring-ring) Hi, I need a Notary to notarize a few Affidavits.

KEN: Sounds super. Can you read the name as it appears on your ID?

DONNIE: What’s it to you buddy?

KEN: It’s a legal requirement and believe me, I’m not asking you for the pleasure of asking.

DONNIE: Fair enough. It says…. Donnie Wahlberg, Donnie spelled with an i.e. at the end like your giving an example. And Wahlberg which has an “h” after the a, and the berg has an “e”, not a “u”, not that there’s anything wrong with having a “u”.

KEN: Well I don’t have a “u”, nor do I have anything against “u.”

DONNIE: And you never will.

KEN: You’re probably not my type anyway, but it never hurts to meet new people.

DONNIE: You know something… I like you. You ain’t that bad! You didn’t say nuttin’ stupid like those other nitwits I talked to.

KEN: Hey, don’t knock it. I get a lot of work cleaning up after those clowns. Too bad the clown schools aren’t taking applications because then they could become professional clowns.

DONNIE: I’m not sure I want someone squirting me with water at a signing.

KEN: All I can say is just hope to god they don’t have cream pie for desert after the signing is over. You never know where that could go.

DONNIE: Yeah, tell me about it. You’re hired. By the way, 200 documents isn’t a problem for you, right?

KEN: cha-ching! I hit the jackpot. It just means more journal entries and a little self-massage of my hand when it cramps up. By the way, do you happen to have any good massage oil?

DONNIE: I actually know of some good brands from Whole Foods that my new girlfriend just tipped me off to. She just finished school to become a Thai masseuse, but she’s Irish which is another story.

KEN: Oh really. Tell me more… And by the way, she’ll have to change her accent. People go to Thai massage to hear, “Sawat de ka” and “I do for you.” and not “Ay, the luck of leprichauns… my father O’Flanahan knows a wee over two thousand stories about those creatures he told me as a lass, he did.”

DONNIE: A point well taken. I’ll take her to one of those accent reduction places for people whose American accent is too thick.

KEN: I like it! Just have her put a little nasal into it and whine a little bit. She’ll be perfect.

You might also like:

Jersey Shores Notary
http://blog.123notary.com/?p=21228

Shark Tank – notarizing in the shower for executives
http://blog.123notary.com/?p=20511

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April 24, 2019

Notaries can get jobs in banks more easily

Filed under: Public Interest — admin @ 10:22 am

If you would like to have more options to work in a bank in any particular capacity, it is easier to get a job at a bank if you are a commissioned Notary Public. Being a Notary Public involves applying to your particular state, in many cases taking a course and passing a test. The rules for becoming a Notary are state specific and change over time so please ask your state or visit your state’s Notary Public information online which generally is on the Secretary of State’s website.

There are lots of documents that might get notarized at a bank. Sometimes banking power of attorney forms need to be notarized. Other times, contracts, affidavits, or other general documents might need to be signed and notarized. Loan documents might need to be signed at a bank and those include Deeds of Trust, Mortgages, Signature Affidavits and many others. It is good to be knowledgeable about the loan signing process if you get involved in loan signing.

It is likely that a bank might want to have multiple Notaries on staff. After all, people call in sick, quit, and take lunch breaks, but the Notary work still must get done.

So, consider becoming a Notary so you can get that bank job you have always dreamed of. And yes, I would like my withdrawal in ones please…

You might also like:

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

Banks need more notaries on staff
http://blog.123notary.com/?p=21153

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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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Keywords:
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2 Credible Witnesses
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California Notary Oath of credible witness

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