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September 3, 2013

Notary For Minor — Notarizing Children

Have you ever been requested to do a notarization for a minor? Doing a notary for a minor is unusual, and notaries don’t always know what to do. A signature of a minor is not legally binding, but that doesn’t prevent you from notarizing their signatures. If you are notarizing a minor, take the same steps you would take notarizing anyone else. But, take one extra precaution in your paperwork — indicate the age of the signer in your journal, and perhaps on the document so there is a record after the fact! Remember, the purpose of a notary public is to keep accurate and complete paperwork on signatures / transactions so they can be queried after the fact. The exact rules for how you do your documentation vary from state to state, and country to country — but the basic purpose of a notary public worldwide is still identical.

The next problem you might encounter when notarizing a minor is that they don’t always have photo identification. If there is no ID, then without credible witnesses, you can not identify them properly for the notarization. Not all states allow the use of credible identifying witnesses, so learn your state rules on the matter. Identifying a minor is not always possible, so just do your best.

The most important thing to understand when doing a notarization for a minor is not to panic. Just follow procedure and make special notations in your journal about whatever is unusual about the signing — especially the fact that the signer is under 18 years of age!

You might also like:

Notarizing for a minor – identification!
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Rules for notarizing minors
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Notary Public 101 – identification
http://blog.123notary.com/?p=19507

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July 3, 2013

How to get something notarized if you don’t have ID

If you don’t have ID, many states allow the use of credible witnesses. Two people could identify you before a notary public, sign the notary’s journal, and produce identification themselves.

But, honestly, if you need to get notarized, go down to your DMV and get a state issued identification card. You need it to go to a hotel, rent a car, get notarized, and more. You might need a copy of your birth certificate to get your ID. So, be prepared to figure out how to get your birth certificate. Don’t waste time. It is a hassle when notaries have to deal with clients who don’t have proper identification.

Personally, I have notarized many people. Some lived in bad areas where they got mugged, and the mugger took their identification. Others were old and had expired identification. Get with the program and get your identification ready.

It is sometimes hard or impossible to get something notarized if you don’t have current government issued identification.

Some states will allow the notary to notarize you if they know you well as being “personally known” to the Notary could constitute identification. Most states used to have that law because in the old days people tended to know people in their area quite well. But, most states have changed their laws, and no longer allow the notary to claim to know you as a form of identification.

Now you know how to get something notarized if you don’t have ID.

You might also like:

Show me your identification
http://blog.123notary.com/?p=6353

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

.

You might also like:

Notary Public Information 2018 Edition
http://blog.123notary.com/?p=20075

Notary Public 101 Real Life Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

10 Risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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April 20, 2013

A detailed look at the NINJA course

Filed under: Ninja Theme Articles — Tags: , , — admin @ 8:00 am

We have a new Elite certification textbook that accompanies the elite test. We will soon be using a 30 point test to evaluate the skills of our higher level notaries. But, what is this new textbook like? The ORDER of the information is subject to change as we re-edit the course and add content later on.

119 pages of riveting information!

This course integrates ancient Zen Buddhist philosophy, Ninjutsu strategy, and exciting stories with higher level notary & signing agent knowledge for the refined notary public! Here are some of the topics covered in the course.

(1) Presentation
Learn the art of interacting with prospective clients. Learn what to say and what not to say. How to answer questions gracefully, and how to stand your ground. Show your knowledge without seeming like you are trying to. Operate like a professional and negotiate like a professional.

(2) Strategy
Learn which type of advertising pays off and which should be avoided. Which certifications to get and which to skip. How to craft your advertising for maximum results; Which additional services to offer such as Apostilles and Livescan; How to choose your clients well; Picking company names; Contracts. E&O insurance; Getting paid; Handling difficult companies; Hiring other notaries to expand your empire; Handling low-ballers with ease; Marketing with Facebook and Web Sites; Researching companies; When to say no;

Scheduling strategies: Learn about the

Timed appointment strategy
The spring-it-on-ya strategy
The no surprises strategy
Business models that influence scheduling strategy
Dealing with late e-documents
End of the month scheduling strategies
Beginning of the month scheduling strategies
Tight scheduling strategies
High-brow scheduling strategies

(3) Business analysis
Advertising allows you to pick and choose; Analyzing where your calls are coming from; Assessing the companies you work for; Late Documents; Dealing with cancellations; Dealing with late payers; Managing contacts; Optimizing your client base; What do the statistics that 123notary keeps really mean?; How well do you communicate and how does that translate into clicks?

(4) Mastering the ancient art of the notes section
Which adjectives help, and which hurt? Does mentioning years of experience help? Which quick facts will win you clients and which are a waste of time? Overall recommended structure of a notes section; Analyzing your best selling features; What not to put at the top of your notes section; Expressing your personal style of doing business; 19 examples of great personal information used in notes sections; Specialties expressed in detail; How to use bullet points for your additional information; Where do you write about coverage areas, and how detailed do you get? Radius verses counties? Closing statements — call me whenever you are ready! Spelling and mistakes; Example of a bad notes section; Example of a nearly perfect notes section; Commentary on 16 notes sections; Selling features compared in detail;

(5) Miscellaneous points
Smelling good; How to dress; Calling people back; Professional answering machines; Company names; Complaining; Asking too many questions; Call back etiquette; Asking about specifications before price; Negotiating with people who won’t meet your fee; Evolutionary path to success; Charge less to get experience; The close job strategy; MOBILE OFFICES; Don’t call until the e-documents are ready; FULL-TIME or PART-TIME; 123notary’s 30 point test; Last minute appointments; The A list strategy; Precautions; Embossing; Journal thumbprints; Answering the phone at signings; Refining your notes; Dual state commissions; How many certifications; Does Facebook help; How do you let people know you are a notary; Can you afford to be expensive; Get reviews or perish; Are you available enough; Do you keep all of your paperwork; Emergencies are where you shine; Errors with bad seals; Showing up late; Complaints; Wrongful complaints; Rebutting complaints; Being selective about working for companies with potential.

(6) Zen and the art of teaching others to be on your team
Master the ancient art of: Selection, training, scrutinization, and comparison.
Choose people with the right: Attitude, pre-existing skills, ability to learn, reliability, and personability

Where do you start training? Scrutinizing the work of your new notaries. Comparing them to your other trainees.

(7) Comparing notaries
People change over time; Examining your local list of notaries to see the differences in each service provider; Elite certification; Skills verses presentation; Online presentation verses life presentation; Thinking about comparisons while you are working; What did you forget to think about?

(8) Impressions, dreams and nightmares
Where the money really is; How long does it take to do each type of signing; How do you analyze traffic; Should you charge by the minute; How much ROI do you need on your advertisement; Making an impression; The borrower comes first; Meeting at a nearby cafe; Cancelling nightmares before you get involved; What to know about a culture so you don’t get in trouble; Fedex and drop boxes.

(9) Following directions
When to call the loan officer; Sample questions; When not to coerce the borrower into signing; When to continue the signing; Listening exercises, communication exercises, following orders without a fuss.

(10) Notary knowledge revisited
Acknowledgments discussed in detail; Jurats; Official wording and cross-outs; Loose certificates; Backdating; Document dates verses notarization dates; County recorders & recorded documents; Copies of a document; The names must match; Credible witnesses; Errors on the Acknowledgment; Oath wording; Signature by X; Journals; What the OPTIONAL information section is for in Acknowledgments & deterring fraud; Embossers; Thumbprints; Seals; 10 Grant Deeds in a single session; Notary Fraud; Notarizing the elderly; Notarizing a dead person; The 4 parts of an Acknowledgment certificate; Misdemeanors.

(11) Signing Agent knowledge revisited
Understanding: The 1003, The 4506; Apostilles, Attorney States; Changing a name on Title; Checks in packages; Cross-outs; The Deed of Trust; Elizors; Identity Affidavits; The HUD-1; Initials go where? Letter of instructions; The legals; Maiden names; Prepayment penalties; The Right to Cancel; Rescinding; The security instrument; Signature Affidavit; Spousal signatures; The Subordination Agreement; Thumbprints revisited; The three magical phone numbers; Signature variations; Witness states; When to call the loan officer; Witness closings; Documents that are typically notarized.

(12) The APR & First payments
Yes, an entire chapter about the APR in detail. Learn typical incomplete descriptions of the APR that even the most experienced Loan Processors, Title Agents, and notaries use on a regular basis. Learn a professional definition and learn all of the components that go into computing the APR one by one. Show the world how knowledgeable you really are!
When is my first payment due.

(13) Interviews with our finest notaries and title companies
We get amazing points of views and endless new information by getting input from others in the industry. And then we share it with you on the forum, blog, and in our courses! We interviews many title companies. Many of these companies will be working with us on crafting and endorsing some very relevant signing agent questions. Notaries often ask why it is important for them to learn particular facts. But, if a title company who hires notaries and pays well tells you that you better learn it, then there is no excuse not to learn it,right?

We have some information from Title companies as of April 2013. We will be adding more information every month including statements about things that notaries did wrong that caused a lot of trouble. We will also be adding multiple choice questions endorsed by specific Title companies over time.

The interviews with the notaries this time were about topics of concerned to regular notaries. How do you handle low-ballers? How do you handle people who don’t meet your fee? What is your best attribute as a notary? What made you become a notary? Could you describe your evolution in business and how you became successful? Hoe do you introduce the documents and do your loan signing presentation.

The answers given by the top notch notaries interviewed were truly inspiring, unique, and fascinating. You will love this section the most of all the sections partly due to the great information, and partly because it is the most light hearted section of the course.

(14) The 30 point test
This section goes over the 30 point test. Notaries who pass this grueling and difficult test can elect to have their scores published on their listing. Test topics will include not only notary and signing agent competency, but other areas as well. We learned that following directions and communicating are huge problem areas even for the most experienced notaries, so we will be focusing on those during the test. The test will be timed and might be over the phone or online — or both! Retesting will be allowed, but we do not know what the retesting fee will be. Purchasing the Ninja course / Elite certification gives you one chance at the test providing you take it within (60) days of your purchase date. Good luck!

(15) Apostilles and Loan Types
Learn what our best notaries have to say about Apostilles, Authentications, FHA, HELOCS, Investment loans, Loan modifications, Purchases, Reverse Mortgages, VA loans, and more!

Thanks for your interest and ENJOY our Ninja course!

You might also like:

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Signing Agent Best Practices: a 63 point guide to being the safest and most thorough notary.
http://blog.123notary.com/?p=4315

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February 9, 2013

2013 Phoninar Quick Course

Filed under: Best Practices,Loan Signing 101,Posts With Many Comments — admin @ 11:26 pm

Here is the study guide for the phoninar!

The purpose of the phoninar is to help notaries learn some of the basics of signing without taking an actual course. Many notaries do not want to take a course, or they already took a course without mastering the material. My solution is to have a free quickie course to start them out with. If they can pass our over the phone test, we will keep them on the site. However, if they fail miserably, then we will most likely remove them from the site if they have a free listing.

Topic #1
The Right to Cancel
Most notaries have a rescission calendar that they refer to when calculating the last day to rescind. Few notaries know when all of the Federal holidays are. Many notaries also can not think clearly about how to calculate the last day to rescind mainly because they have never practiced calculating this date. If you want to come across as a professional, learn to give quick and accurate answers to simple everyday signing questions.

In a residential refinance, the borrower has (3) days to rescind not including Sundays and Federal Holidays. Be careful, Presidents day and Washington’s birthday are synonymous. Also, Flag day is not a Federal Holiday, but banks might be closed. Some lenders do not count SATURDAY as one of the (3) days to rescind, but formally, Saturday is considered a business day in terms of calculating rescission. Other lenders allow the Friday after Thanksgiving to be considered a holiday when legally it is not. Basically, each lender is different, but you have to know the basic laws effecting rescission instead of relying on what the handful of lenders you work with say.

Here is a list of Federal Holidays — memorize these for the test
(1) New Years Day, (2) Martin Luther King Day, (3) Washington’s Birthday, (4) Memorial Day, (5) Independence Day, (6) Labor Day, (7) Columbus Day, (8) Veteran’s Day, (9) Thanksgiving, (10) Christmas

Quick Facts
(a) There are two blanks for dates in the RTC which are generally filled in by the lender. Once in a while the notary needs to fill in these dates or correct them. The technical terms for these dates are the Transaction Date and the Rescission Date. Please memorize these terms for the test.
(b) The date of the signing is NOT included in the (3) days to cancel. If a loan is signed on Monday then Tuesday is day 1, Wednesday is day 2, and Thursday would be the 3rd or last day to cancel.
(c) Loans must be cancelled in writing by the deadline in writing by fax or mail, but not by email.

Pop Quiz
(1) Name all Federal holidays that come in January
(2) If a refinance is signed on the Wednesday before Thanksgiving, when is the last day to rescind?
(3) If a refinance is signed on a Friday, when is the last day to rescind?

===================

Topic #2
The APR
Most notaries know a little something about the APR, but this topic is actually very critical for your success as a signing agent. Every borrower wants to know why their APR is higher than their Rate. How good is your explanation. Here is what we want you to know for the phone test. Sure, there is more to know than what we are telling you, so learn the basics from us, and learn more on your own.

Definition:The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

Quick Facts
(1) The APR is documented on the Truth in Lending Disclosure
(2) The APR is usually but not always higher than the Rate
(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.
(4) If you mention that the APR is often used to compare loans, you get points on the phone test
(5) If you mention that the APR might be compounded, you get points.
(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.
(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.
(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

You might like:
Definitions of the APR
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5844

Pop Quiz
(1) Which document contains the APR?
(2) What are some fees that might be incorporated into the APR
(3) Please create and rehearse your definition of the APR so that you will sound professional before your borrowers

===================

The Rate
The Rate or Interest Rate is more of a topic of confusion with the notaries than the APR although it is much simpler to understand and actually easier to find. Traditionally, the Rate is always documented in the Note. The note by definition discusses the Interest Rate, monthly payments, and prepayment penalties (if any). Once in a while there will be a Rider associated with the Note that might discuss these issues as well.

Inexperienced notaries typically claim that the best place to look for the Rate is on the Truth in Lending. Half of them say this because they are so uneducated that they can not distinguish between the APR and the Rate. The other half choose the Truth in Lending Disclosure because the Rate is actually documented there in many cases. But, let me ask you — if you are in front of the borrower and want to make a good impression — would you look for the Rate in a document where it sometimes is, or in a document like the Note where by definition it ALWAYS is? I vote for always because you will look like a fool if you go fumbling through the documents trying to find the right information in the wrong place.

Quick Facts:
(1) The Rate is always located in the Note
(2) In loans over the last few years the Rate is also generally documented in the HUD-1 Settlement Statement which comes later in the documents than the note unless it was sent separately.
(3) Some lenders include the Rate in the Truth in Lending, although this should NOT be the place you look for it first since it is not always there.

Pop Quiz
If you want to show the borrower the rate, which three documents would be where you would look, and in which order would you source those three documents?

=======================

Dealing with errors in signings

Errors on Notary Certificates
From time to time in a signing, there will be an error in the notary certificates. Please keep in mind that handling an error in a certificate might be handled very differently from an error in the actual documents, or in the body of the actual documents, so please make the distinction.

If there is an error in the notary certificate — such as an acknowledgment or jurat certificate to name examples, there are various ways to rectify the situations. The problem is that each method has an upside and a downside.

(1) Cross-out and initial
This is a messy way to solve a problem on a legally significant document such as an acknowledgment. If a person’s name is spelled incorrectly, crossing out an initialing could get the document rejected by a county recorder. One notary had to cross-out wording on an out of state certificate that claimed that she personally knew the signer when in fact she did not know the signer. She crossed that out, and the document custodian was very upset. I told her to consider adding a loose certificate.

REMEMBER, it is the notary who initials changes on notary certificates and NOT the signers.

(2) Add a loose certificate and start all over
Legally, you can always add a loose certificate. However, the person or entity to whom you are submitting the documents to might not like it. Please distinguish between what makes your work legally acceptable and popular as the standards often do not match. The loose certificate has the advantage of having whatever name and wording you want it to have so you don’t need to cross anything out.

(3) Notarize the document twice?
Not illegal. You can do two journal entries and notarize twice. Notarize the original acknowledgment embedded in the last page of the document with the cross outs, and add a fresh certificate as well assuming you have a 2nd journal entry to match that one. Document this well in your journal for your protection.

(4) Redraw?
Redrawing documents is time consuming and expensive. It involves making new appointments and risking not getting paid. But, for an out of state that needs to be worded in a particular way, you can have them word it however they want it to be worded, so that no cross outs or illegal claims or acts are necessary.

==========================

Errors in the right to cancel
Notaries typically do not know how to fill in the dates of the right to cancel. From time to time a signing will be postponed a day, and you need to change the two dates in the right to cancel which are the transaction date (the date you sign), and the rescission date (the last day you can legally cancel). Please try to appear educated and don’t say the signing date, or the cancel date as these wordings are not educated sounding and are also not clear.

To fix the dates on the right to cancel you can:
(1) Cross out, right the correct dates and have both borrowers initial
(2) Pull a fresh copy from the borrowers copies and start all over. The borrower’s copies might or might not have the dates printed in the blanks. If you made a mistake correcting dates, then sourcing the borrower’s copies definately makes sense.

==========================

Fees on the HUD-1 Settlement Statement
If someone wants to know where their fees and closing costs are, please direct them to the HUD-1 Settlement Statement. But, which fees are on the HUD. There is a huge conglomeration of information on the HUD. Too much to teach. But, to impress us, you should be able to rattle off a handful of fees on the HUD without batting an eyelash. Here are a few fees typically on the HUD.

Services: Abstract of Title Search & Title Charges, Appraisal Fee, Attorney fees, Document preparation, Notary Fees
Transaction Costs: Assumption fees, Broker fees, Credit reporting fee, Escrow account deposits, Escrow Fees, Loan Origination fees, Points or commissions, Settlement or closing fees
Inspection Fees: Lead based paint inspection fee, Termite inspection Fee, Other Inspection fees
Insurance: Flood insurance Fee, Hazard insurance, Mortgage insurance application fee, Title insurance
Payments: Interest, Cash payments

================================================

Initialing
There are no legal standards for initialing. However, the purpose of an initial is to have an abbreviated way of writing your name in a document.

Andrew B Clay Sr.
His initials could be ABC, or ABC Sr. Which is better?

Some lenders don’t want a Jr., or Sr., on an initial.
However, if it is part of the signers name on Title, then it is part of their name.
The initials for Junior would be Jr. Therefor in my opinion, it should be part of the initial representing the forth word in the name.

What about Andrew Hooper III
I would have him initial AH III

There is no way to shorten the III part. But we don’t want to confuse him with his father and grandfather who might have been on title, so we will include the III unless asked by the lender not to. There are pros and cons in the different ways of initialing. Be thorough unless asked not to be by the lender.

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Parties involved in a loan
Many notaries don’t realize how involved the loan process is, and how many parties there are involved. So, if you make a mistake signing a loan, you might be inconveniencing more parties than you think. Here are a few:

Lender
Notary Public
Borrower
Relatives of the Borrower
Signing Company
Settlement Agent
Escrow Agent
Broker
Insurance Companies
Title
Loan Servicing Companies
Loan Holding Companies who purchase the loan from your lender (at great risk)
Attorneys
Inspectors
Appraisers
County Recorders
Oh… I almost forgot — the pets of the borrower
======================================

If your stamp was smudgy
If your stamp (notary seal) isn’t clear on notary certificate forms, recorded documents might be rejected by the county recorder. If there are cross-outs, or anything that the recorder doesn’t like, they might reject the document as well which would mean that the notary would have to notarize the document all over again which is very time consuming and involves scheduling. Each county recorder is different and there are over 5000 different county recorders throughout the United States!

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Attorney in Fact wording
If Sam Smith is signing in his capacity of Attorney in Fact for Sharon Smedley, how would he sign? There are at least two ways: Here they are.

(1) Sam Smith, as attorney in fact for Sharon Smedley (I like this way best)
(2) Sharon Smedley by Sam Smith, her attorney in fact (ambiguous as to who you are in the signature)

Memorize the wording including the commas if you want to pass our phone test!

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Fraud & Journals
Not all states require you to keep a journal, but for your protection you need one regardless of what your state says. No state forbids you from having a journal. In your journal you record the date & time of notarization, type of notarization, document name, document date (if any), signers name and address, type of ID used, ADDITIONAL NOTES where you record anything unusual about the signing, or if you used credible witnesses, the signature of the signer, and a THUMBPRINT.

Quick Facts:
(1) If a signer is accused of committing fraud. OR, if a third party is accused of tricking a signer to sign something or of forging a signature, then the thumbprint in your journal could keep protect you.
(2) The thumbprint could stop an investigation in its tracks since you have evidence
(3) A thumbprint could drastically reduce the time involved in an investigation or court case. Imagine being stuck in court for 30 days with no income because you did a risky notarization for an elderly lady in the hospital who was on morphine and couldn’t think straight.
(4) Warning — beware of notarizing the elderly. Make sure they understand what they are signing and can paraphrase what is in the document for their protection and yours. You are not legally required to understand the contents of the document, but they can get into huge trouble, and drag you into the trouble if they are being tricked into signing something — especially a power of attorney or deed.

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Spouse not on loan?
This question is very state specific. New York deals with spousal issues differently.

As a general rule, if the spouse is not on the loan documents, they might need to sign any Deeds including the Deed of Trust, (Mortgage), Right to Cancel, Truth in Lending, Correction Agreement, HUD, and perhaps a few others.

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Define beneficial interest
If a party is a beneficiary to a document being signed, they would have beneficial interest. But, who else might have beneficial interest too? If you are a relative of the signer such as a spouse or child, you might benefit from the document being signed. If you are a notary who won’t get paid unless the document is signed, then you have beneficial interest in the document being signed which is illegal. To keep it legal, make sure you get paid regardless of if a document gets signed to keep yourself impartial and above board. A notary’s job is not to notarize, but to say NO when necessary. Stand in front of the mirror and practice saying NO!

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What is the difference between e-documents, e-signings, and e-notarizations

e-documents are documents that are sent to the notary electronically via the internet. A password and various types of downloading software would be necessary for e-documents as well as a high speed internet connection and a fast printer with good ppm.

e-signings are signings typically signed on a laptop with a wireless card. Some of the documents are still physical, and the journal used is physical.

e-notarizations require a special eNotary commission. Only about (9) states have such a commission. The signer is still required to appear before the notary in all, or almost all cases (varies over time and state by state — AZ at one point had some exceptions to the personal appearance law). ENJOA or an eJournal is used for e-notarizations. Unfortunately, county clerks offices are not always able to fulfill their legal obligation to be the custodian of eJournals after a notary’s commission is over. An interesting twist on some new technology that has many serious issues.

You might also like:

Notary Public 101 from 123notary
http://blog.123notary.com/?p=19493

Notary Marketing 102
http://blog.123notary.com/?p=19774

Beginner Notaries 103
http://blog.123notary.com/?p=21112

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January 1, 2013

Signature Name Affidavit: Not a substitute for an ID

I hate to beat a dead horse. But it seems that quite a few of you still believe that the ‘Name affidavit‘ is a way to identify individuals that don’t have the proper ID. I’ll say it again for the thousandth time. You cannot use this form in place of current GOVERNMENT ID. The whole point of your job is to have the person appear before you and identify the signer through proper (current) government issued identification. There are usually no exceptions to this rule (except for one; when you feel that they will not be able to get ID. They then will need to be identified through credible witnesses (usually two) who will swear under oath to you, to the signers identity and they will have current government issued ID themselves. However, keep in mind that we do not usually use this method with loans. For some lenders this may be acceptable way to identify their borrowers but for many of us notaries in certain states it is prohibited. But under no circumstance no matter what state you hold your commission in are you to use the name/signature affidavit to ID anyone. NEVER!

So you may ask what is the form for? The name affidavit form is included in the loan document package to identify all the names of the borrower that have been reported to the credit bureaus and that appear on the individuals credit report. It is not for your use and dont let ANYONE tell you that it is used for any other purpose. It is to make the borrower aware that these are the names that the report has listed for them. These may include but not limited to married, and /or maiden names and/or their name has been misspelled.

So in closing, remember when you confirm a job make sure that all signers have proper identification and that the ID is government issued and is current. If you make sure of this when you call and confirm the assignment this will save you and your borrower allot of headaches.

Until next time! Be safe!

You might also like:

When ID and Documents have different names
http://blog.123notary.com/?p=230

Glossary: Signature Affidavit and AKA Statement
http://www.123notary.com/glossary/?signature-affidavit-and-aka-statement

Can a notary sign an out of state quit claim deed?
http://blog.123notary.com/?p=2182

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June 30, 2012

Can a notary public act as a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:13 pm

Can a notary public act as a witness? 

We already have a very thorough blog entry entitled:
 
Can a notary be a witness?
 
That contains all pertinent details regarding notary witness requirements and procedures.  To sum it up, a notary can act as a witness in any state in their capacity as an individual.   However, in Delaware, and Washington State, and perhaps a few other states, a notary can do witnessing as an official notary act, and charge an official fee set by the state for their services.
 
Is it better to hire a notary to be a witness?
Since notaries work exclusively with signers, signatures, documents, foms, certificates, etc., many people feel that notaries are better equipt to handle the (not so vigorous) responsibilities associated with being a witness.  Additionally, notaries have been screened by their state and are more likely to be honest upstanding citizens — or at least that is what many of us like to think.  The reality is that some notaries have no idea what they are doing, while others are very particular about witnessing, and documenting information in conjunction with witnessing. 
 
Why would it matter who you picked as a witness?
If someone witnesses a document signing or a Will signing, it doesn’t matter much who they are provided they are at least 18 years of age.  On the other hand, if the witness ever needs to be contacted after the fact, it is good if the witness has lived in the same place for a long time so you know where to reach them.  If your witness works for the circus or lives in a caravan and moves around a lot, you might never see them again. Having a witness who is a notary might help if they provide some extra documentation for you. Additionally, a mobile notary supposedly knows how to show up at the appointed place at the appointed time and might be more reliable with logistics.

You might also like:

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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

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April 26, 2012

Can a notary also witness documents being signed?

Q. Can a notary also witness documents being signed?
A.  Any individual over the age of 18 can be a witness to a document signing or Will signing.
 
Q.  Can a notary charge for acting as a witness?
A.  If acting as a witness is an official notary act in the state where the notary is commissioned or acting, then they can charge whatever their state’s maximum appointed fee is.  In all other states where witnessing is not an official notary act, then the notary can charge whatever the client will agree to.
 
Q.  Should I hire a notary to act as a witness?
A.  You can if you like, but unless you need some special documentation done, that only a notary can perform, there is no real need to have a notary around.
 
Q. Can you recommend some more detailed reading materials about this topic?
A.  Yes, please read:  Can a notary be a witness?

Q. When is a Notary required to witness signatures?
A. Jurat Notarizations require the Notary to have the signer sign before them. A handful of states require the Notary to witness Acknowledged signatures as well.

Tweets:
(1) Any individual over 18 can witness documents being signed, including a Notary Public.
(2) Can a notary charge for acting as a witness? Yes, but your state might have a maximum charge.

You might also like:

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

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

Fraud and Forgery related to the notary profession
http://blog.123notary.com/?p=2294

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March 7, 2012

If you can’t find a witness to sign…

Filed under: Witnessing — Tags: , , , — admin @ 3:21 am

If you can’t find a witness to sign a document… 

Certain documents such as Wills generally require the signatures of witnesses.  It is better if the witness knows the signer, however, sometimes, you just have to get a living breathing human being who is 18 years of age or older.
 
A notary can be a witness. Some states allow notaries to witness as an official Notary act.  But, I have not heard of any state prohibiting a notary from acting as a witness in their capacity as an individual.
 
You can always try to grab a neighbor or a stranger who will be willing to act as a witness.
 
It is good to document the witness’s identification, printed name, phone number and address just in case.  You might need to find that person after the fact, or prove that they really witnessed a real signature.
 
Sometimes, a notary might be instructed to notarize the signature of a witness on a Will.  Although notaries are generally discouraged from notarizing the signatures of the main signer on a will, I have never heard of a notary being discouraged from notarizing the signature of a witness on a Will.

You might also like:

Can a Notary be a witness?
http://blog.123notary.com/?p=21359

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

Where do credible witnesses sign the journal?
http://blog.123notary.com/?p=2508

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February 21, 2012

All you need to know about notary work

All you need to know about notary work 

There is a lot to know about notary work.  You should visit your state’s notary division website to learn what they want you to know about your state’s notary laws. Regardless of what state you are in, you need to know:
 
Who can become a notary?
Generally state residents who are 18 or older who don’t have a felony conviction or misdemeanor involving dishonesty.  Some states allow residents of neighboring states to apply to be a notary as well.
 
What is the application process to become a notary?
Some states have online applications, while others require you to mail it in. Each state has a different application fee. Check your state’s notary division website for more information
 
What is the procedure to get my official notary seal (notary stamp)?
Most states require the use of a notarial seal, but some states have authorization forms to get your seal.
 
How do I get my notary commission paperwork?
Most states will mail this to you.  Many states require you to file an Oath and Bond at a county recorder’s office, or some other government office in your area.

 Do I need to be bonded to be a notary?
Refer to your state’s notary division website for information
 
What notary acts do I need to know about?
Most states allow notaries to perform notarial acts such as:Acknowledgments, Jurats, Affirmations, Oaths, and Protests.  Some states allow copy certifications for particular documents, and there are other types of notary acts as well that are particular to certain states. Please read your state’s notary division website to learn the details.

 Do I need to keep a journal of notarial acts?
Most states require a journal, but even if they don’t, you should keep a journal for your records in case you are called into court.  A well maintained journal is evidence that can be used in court, or keep you out of court.  You will not remember someone you notarized five years ago, so keep good notes in your journal if something strange happens at the notarization.
 
How do I identify signers?
Generally, a current drivers’s license, state identification card, or password will do.  The ID should be a current government issued photo-ID with a physical description, signature, serial number, and expiration date.  Other forms of identification might be allowed, so please visit your state’s notary division website to learn the details of your state’s rules
 
Attaching certificates.
Notary acts such as Jurats and Acknowledgments require notarial paperwork to accompany the act.  Oaths often do not require a certificate though. Notary certificates come in pads, and you simply fill out the certificate with information about the document and the signer, the date you notarized the document and a few other pieces of information — then you stamp the certificate paper, and staple it to the document.  The document itself might have the certificate on it which means that you do not have to attach a loose certificate.
 
What else do I need to know?
You could learn about how to use credible witnesses, signature by mark, and other types of notary procedures.  You should learn how to take journal thumbprints for your security in identifying potential frauds.  Become an expert on your state notary handbook (if your state has one).  You are responsible for all laws pertaining to notaries in your state.
 
Can a notary notarize outside of their state?
There are some weird exceptions in two states, but as a general rule, you are not authorized to perform notary acts outside of your state boundaries.  If you live near a border, consider getting commissioned in the neighboring state if that state will allow it.
 
How long is a notary term?
Notary terms can range from three years to life, however, the majority of states have a four or five year notary commission term.
 
How do I make money as a notary?
Become a mobile notary, get a loan signing course from 123notary.com, and advertise on our site to get business as a loan signer and mobile notary if your state allows loan signing!

You might also like:

Notary Public 101
http://blog.123notary.com/?p=19493

Penalties for Notary misdeeds & misconduct
http://blog.123notary.com/?p=2067

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Where do credible witnesses sign the notary journal?
http://blog.123notary.com/?p=2508

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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