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April 23, 2020

Are you intimidated by a title?

Filed under: General Articles — admin @ 9:25 am

I sent a newsletter out with the title: “Your notary stole your private information and sold it.” Many notaries emailed in stating that their stomach turned when they saw that title.

First of all, nobody other than a spammer or blog writer would use a title like that. Second of all, you ARE the notary, so nobody would warn you that another notary stole your information.

On the other hand, if a Title company BCC’ed a borrower telling the borrower that you, the notary, stole their information and sold it — that would be scary. But, how would they know And if you didn’t do that, why would you be scared when you read the title?

So, if you are afraid reading this above stated title, does that mean you are guilty of having done something fraudulent in the past? Or do you just have an abnormally high sense of paranoia?

Please understand that as a blog writer I have to pick topics and titles that will get my content read otherwise I get ignored and would have to shut my blog down. Thanks.

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February 23, 2020

2014 Compilation of best posts

Filed under: Uncategorized — admin @ 9:57 am

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MARKETING

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What is your monthly marketing plan?
http://blog.123notary.com/?p=9683

How to become a successful mobile notary from scratch
http://blog.123notary.com/?p=13340

$30 signings – is it worth it even in the best of circumstances
http://blog.123notary.com/?p=10456

Is $75 enough to print two sets of docs, notarize & do faxbacks?
http://blog.123notary.com/?p=10369

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TECHNICAL

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We caught a bunch of frauds using notary verbiage
http://blog.123notary.com/?p=7096

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Poo picking – getting the best notary jobs
http://blog.123notary.com/?p=9273

Best notary posts for Beginners
http://blog.123notary.com/?p=10472

New Notary apps you really need
http://blog.123notary.com/?p=9797

The right to cancel done wrong
http://blog.123notary.com/?p=10001

Do you notarize loose certificates as a notary?
http://blog.123notary.com/?p=10372

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STORIES

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Dress Brittish – Think Yiddish
http://blog.123notary.com/?p=8643

The Towles Booth (pronounced “tolls”)
http://blog.123notary.com/?p=9456

Signing with a former airline captain
http://blog.123notary.com/?p=12870

Reviews about 123notary!
http://blog.123notary.com/?p=14072

A forged document vs. a forged notary seal?
http://blog.123notary.com/?p=10391

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COMEDY

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A social media site for Notaries – Affiant
http://blog.123notary.com/?p=6410

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February 9, 2020

2012 complication of best posts

Filed under: Compilations — admin @ 9:50 am

Here are some of our best posts from 2012.

TECHNICAL

What is signature by X?
http://blog.123notary.com/?p=2278

Information about various notary procedures
http://blog.123notary.com/?p=2268

Rules for notarizing a bedridden person
http://blog.123notary.com/?p=2243

Backdating from A to Z
http://blog.123notary.com/?p=2424

All you need to know about notary work
http://blog.123notary.com/?p=2354

Can a notary notarize a birth certificate?
http://blog.123notary.com/?p=2300

Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

Do I notarize every page of the document?
http://blog.123notary.com/?p=2280

Notary boiler plate wording
http://blog.123notary.com/?p=2432

Notarization dates, Document dates & Signature dates!
http://blog.123notary.com/?p=2421

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

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

Don’t drop the Fedex in the drop box!
http://blog.123notary.com/?p=2831

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

Tips for Notaries
http://blog.123notary.com/?p=3360

STORIES

Borrowers and their filthy homes
http://blog.123notary.com/?p=2214

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

123notary behind the scenes
http://blog.123notary.com/?p=2499

20 stories about animals at signings
http://blog.123notary.com/?p=3074

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

3 notaries walk into a bar
http://blog.123notary.com/?p=3660

I make mistakes too
http://blog.123notary.com/?p=3639

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 3, 2019

Help!…getting a divorced but husband has my stamp!

Filed under: Carmen Towles — admin @ 11:19 pm

Got a call form a frantic notary that is in the mist of a seemingly nasty divorce. She has a question and it is obvious right away that she is clueless as to what her notary laws are. She states that she may be calling the wrong place but her husband has her seal. She also wants to know if she is still an active notary? I’m thinking; “Oh boy”. I told her first off lets address the fact that you should know that your seal an journali (if required or not to keep one) is to remain with YOU at ALL TIMES in a secure locked location and secondly, you should be fully aware whether your commission is active or not. I mean if she doesn’t know (besides the SOS who would know) And, I am sure they will think it odd of her to be asking. I can’t for the life of me understand why folks are so lax and nonchalant with their seals. The power of the seal is enormous. It can create havoc on peoples lives and cause many financial problems.

In my humble opinion, it seems to me that if you are going to take on such a responsibility being a notary public that you would try at the very least to learn everything you can about being a notary public for your state. There are what I call the ‘rules of engagement’ and one should do their best to know them. Once you become a notary public you are considered a government official and you need to know what you ‘can and cannot do’. There are rules to be followed and you should know them.

It really terrifies me that we have thousands of notaries throughout the county that have no clue of what they are doing. They just tell me that they want to make a quick buck, or its just a side hustle or I just what to do loans. There is way more to being a notary then making a fast buck, etc. There can be financial devastation to you and/or others if you don’t know what you are doing. If you mess up someones paperwork it will be on you. And if you leave your stamp just laying around ‘willy nilly and it is used for fraud god forbid that to, will be on you. So for her to leave her stamp with her soon to be ex-husband was IMO gross negligence and I told her so. I recommended that she contact her husband immediately and secure her seal and journal (if he had that as well).

Please folks read your handbooks and learn all you can. It’s WAY more to being a notary than making a fast buck or side money….

You might also like:

My stolen identity and fraudulent notary seal
http://blog.123notary.com/?p=20753

Notary Public Seal
http://blog.123notary.com/?p=21411

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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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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…..

You might also like:

Do you keep a journal to please the notary division, judges, or the FBI?
http://blog.123notary.com/?p=19483

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

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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!

You might also like:

What constitutes a signature?
http://blog.123notary.com/?p=22173

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

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July 27, 2019

Texas suspends notary who handle Stormy’s hush money

Filed under: Notary Mistakes — admin @ 2:11 am

Stormy Daniels signed a document regarding being paid $130,000 in hush money before the 2016 election. A Texas Notary named Erica Jackson notarized that non-disclosure agreement document concerning the money. But, the State of Texas terminated her Notary commission as a result. The Notary claims she did nothing wrong, yet got canned anyway?

However, the plot thickens. After I watched a video about what had happened, there was a stamp on the signature page, but no notarial certificate verbiage and no notary signature. The notary claimed that the Acknowledgment page which was the third page (that was no longer attached) that stated who was being notarized, etc., was omitted.

Additionally, there was an accusation that the Notary notarized without a signature of the Notary, but the Notary claims that she signed on other pages which were attached.

There was also journal record for the corresponding document, and the journal seemed to have been filled out correctly.

Jeremy’s Comments
If you are a Notary Public, it is quite likely that you could end up on the 6pm national news. So please take your job a little more seriously and get rid of this “I already know it all” attitude, as it is that attitude which prevents you from learning.

This Notary did several things wrong.
1. She stamped the signature page with her Notary seal but omitted Acknowledgment and/or Jurat certificate verbiage. She also omitted a Notary signature to accompany her notary seal which is illegal and she should be terminated if that was the case. It is hard to see what actually happened when you have an inconclusive video.

2. She attached a certificate that was to constitute page three, but that page three ended up missing. Your stamp can not be on page two when the certificate wording is on page three. Those legally have to be on the same page. If the stamp had been on page three where it was supposed to be, she wouldn’t be in a world of trouble.

3. I originally thought (because I prejudged the situation) that the Notary was in trouble because of her association with some dirty business. That was how her improper notarization was discovered, but not why she got in trouble. Interesting in any case.

You might also like:

Stormy Daniels accuses Notary of having intercourse with her
http://blog.123notary.com/?p=20485

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

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July 7, 2019

Notary vs. Hitman: Dollars per minute

Filed under: Marketing Articles — admin @ 2:47 am

Have you ever stopped to think about the pay differential between a Notary and a hit man? Notaries are always complaining that they don’t get paid enough and don’t get any respect. You would get respect if you were a hit man though. You could even advertise on one of those hit man websites.

Hit man profile (fictional… of course!)
I am responsible and reliable. Once you hire me the job is as good as done. I always confirm my appointments, show up on time, and hire a professional cleaner who I call, “Da cleanuh.” All I ask is to be paid on time, otherwise you might end up being on my list of assignments… capiche? Just make sure you include a return FeDex package with every assignment, and let me know if the job has any special considerations or if you want me to do the job in a particular special way. I’m experienced with guns, knives, clubs, bats, maces, machetes, numchucks, strangulation (for an additional fee), and more. Long distance no problem and we specialize in bilingual hits. Hablamos Espanol y Italiano. Additionally, if you hired the wrong guy to save money and he left work uncompleted, I do clean ups as well.

If you don’t pay a Notary, they just sit and whine. But, if you don’t pay a hit man, guess what happens. Hit men get respect — Notaries don’t. Of course Notaries spend less time in jail in general unless you are like Harry who engaged in Real Estate fraud using his Notary seal – don’t be like Harry.

A Notary can make $20 to $40 average per hour doing signings depending on what the job is, and how far it is. But, a hit man might get $50,000 for a job that might take a few hours to plan and an hour to “execute.” There is more risk involved, and probably more skill. But, look at the bright side, as a hit man, you don’t have to deal with the county recorder or the IRS! A hit man’s salary could be computed as $100 per minute if you work out the math. A good hit man only needs to do two or three jobs per year and the rest of the year can be taken off lounging at an Italian villa, or in a not so Italian jail cell. Such an efficient use of time.

So, the basic break down is 50 cents a minute being a Notary vs. $100 per minute being a hit man with possible jail time. Which do you choose? But, there’s more. Hit men end up in hell making it not worth it no matter what they get paid. Notaries go to whiners purgatory where they whine about not getting paid, but at least don’t get burned in scalding oil every day. So, you are better off being a Notary, so try to learn to be good at it.

You might also like:

How far do you push for payment terms?
http://blog.123notary.com/?p=22590

Payment for jail notary service
http://blog.123notary.com/?p=22145

Notarizing the Mafia at a gelato place
http://blog.123notary.com/?p=22163

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