You searched for notary acts - Page 6 of 25 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

May 1, 2018

Letter to California Notary Division

Filed under: California_Notary,Popular on Facebook (very) — Tags: — admin @ 10:46 am

Dear California Notary Division,
I am someone who runs a Notary directory and is acutely aware of the deficiencies in Notary knowledge throughout the state and the nation. California Notaries are better than those in other states on average due to the excellent training, but the training does not cover practical aspects of the Notary profession. Additionally, there are issues with fees that need to be addressed.

PRETRAINING
As there are so many ethical violations out there among California Notaries, and misunderstanding of Notary law, it is clear that a longer and more comprehensive notary training is necessary. However, I also think that due to the incompetence out there, a few other pre-measures should be taken.

1. A IQ test should be administer to applicants. It can be a ten minute quiz. Notaries with low intelligence often bungle and misinterpret Notary laws which can lead to illegal activity and wrongful explanations to clients of what can and cannot be legally done.

2. A meticulousness test should be administered to Notaries to see if they can be orderly about conducting tasks which require multiple steps. Being a good Notary means filling out journals and forms correctly in their entirety, and a meticulous person is less likely to make errors. The majority of your Notaries are far from meticulous.

3. Following directions and ethics are some other problems that are common with California Notaries. How you test this is hard. You have to find a way to trick them into doing something right or wrong while they are being watched.

4. Preference to those with clerical, police, military, legal, mortgage, or settlement backgrounds might help attract better quality Notaries as those are professions that are normally high in terms of integrity, and clerical skills which are both critical in the Notary profession.

TRAINING
A single day course on Notary Public knowledge is not enough. California stresses theoretical knowledge and does not test on hands on aspects of being a Notary. When a Notary is out there in the field, they need to know how to handle various types if situations. Here are my detailed comments.

1. Oaths & Affirmations
Administer Oaths correctly and roughly half of Notaries in California do not administer Oaths at all, or not in a relevant and acceptable way. Here are some examples of irrelevant or wishy-washy Oaths.

(a) Many Notaries have the signer to swear to their personal identity rather than to the truthfulness of the document.
(b) Many Notaries make the signer swear they signed the document but not to the truthfulness of the document.
(c) It is common for Notaries use Affirm in an Oath when they should ideally use the verb swear.
(d) Many Notaries do not understand the term “administer” in the sentence “Administer an Oath to an Affiant.”
(e) Many Notaries use a court Oath for a witness asking if they swear to the truth, whole truth and nothing but the truth when the document does not necessarily reflect a whole truth.
(f) It is common for Notaries not to mention the document being sworn to when administering an Oath, hence administering an Oath that is regarding thin air.
(g) Most Notaries do not know the difference between a court Oath for a witness, a document Oath and an Oath for a statement that has not been made yet.
(h) Notaries need to be taught asking “Oath questions,” such as, “Do you solemnly swear this document is true and correct?” or “Do you solemnly swear that the statement you are about to make is true and correct?” Many Notaries will ask the Oath question about the statement, get a yes, and then not have the Affiant make the actual statement. This is why an IQ test should be mandatory and a result of 95 or higher should be required. Most of the problems I have with Notaries arises from low IQ’s and bad attitudes.

The handbook makes it clear that an Affiant must swear to the truthfulness of a document. However, there is no prescribed wording or guidelines. My solution is to have prescribed components of Oaths, but no official verbiage just to keep life flexible. At a minimum, in an Oath, the Affiant must use the word “I”, and then the word “swear”, mention the foregoing document, and make reference to the fact that they feel the document is authentic or correct. Using “affirm” was asked to administer an Oath means that the Notary has overided the client’s request to have an Oath which means that the Notary chose the notary act instead of letting the entity who is paying or swearing.

2. Fill out their journal correctly
Many Notaries are unclear as to how many journal entries should be filled out if there are multiple signers signing multiple documents. The 2018 handbook does not make it clear HOW MANY journal entries are necessary if there are multiple documents per signer all using the same Notary act. This should be clarified as it is an area of common misunderstanding. One journal entry per person per document is how I was trained. Additionally, the use of arrows for repetitive information in appointments with multiple documents per signer are discouraged now from what I have heard, but the handbook does not mention this. There needs to be a SINGLE SOURCE of notary law information and that source should be the handbook and not some bulletin or blog article or other supplemental sources (although those can help teach the materials in the handbook.)

3. Understand the components of notary forms including the “Additional information” section of an Acknowledgment which might not be legally required, but deters fraud by making it very detectable if someone swaps an Acknowledgment and puts it on a different document than what was intended.

4. Many Notaries do not understand how to handle requests that are illegal or seem illegal. Many Notaries will accept illegal requests while declining acceptable requests. This is due to poor training. So, training needs to focus on handling questionable requests. Many Notaries feel it is illegal to EXPLAIN the various notary acts to clients while it is not. It is illegal to choose for them, but not to explain them as far as I know.

5. Foreign language signers are an area of misunderstanding as many Notaries are not aware that they are NOT required to understand the content of the document but ARE required to have direct communication with the signer/affiant.

6. Many Notaries are unaware that the ID does not have to exactly match the name on the document but must PROVE the name on the document. Many Notaries take liberties and will Notarize a signature that says John W Smith with an ID that says John Smith, etc. It is common for Notaries to refer to the “more than but not less than rule” which is a rule created for Title companies and not a law which states that the signer can over sign their name to include more middle initials or names, etc. However, the Notaries who remember this law often do not care if it is legal to notarize a name that is over signed. It is not clear whether you can notarized John W Smith as John Smith if the ID says only John Smith. This is another common occurrence that needs to be clarified.

7. Credible Witness law is a little bit complicated and perhaps should be simplified. Most Notaries are unaware that the handbook states that the credible witness is the entity who has to swear to the fact that he/she believes that the signer cannot easily obtain an ID. Since the Notary has OFTEN seen an ID with the wrong name on it, how can the Notary ACCEPT an Oath from a credible witness that the Notary knows to be based on false information or made fraudulently regarding how the signer cannot find an ID? This law about CW is convoluted and a source of a lot of trouble. Close to NONE of your Notaries would be able to recite these laws by memory. Therefor, I suggest simplifying it because most notaries cannot learn it properly and the CW rules are convoluted and make no sense. Here is my idea of a better set of rules.

(a) A Notary can use the Oaths of two credible witnesses to identify a signer.
(b) The credible witnesses must either be immediate family members or know the signer intimately enough so they know his/her middle names without being reminded. (The law for how well you have to know the signer to be a CW is convoluted, wishy-washy, and useless currently.)
(c) The Oath for the credible witness should be, “I solemnly swear that the signer in front of me is legally named _____.”
(d) A CW can be used regardless of whether the signer has ID or not as names on ID do not always reflect the whole, complete or current name of a signer.
(e) A journal thumbprint must accompany all Notary acts done involving credible witnesses.
(f) The CW must not have any beneficial or financial interest in the document being signed.

8. Acknowledgment confusion.
(a) Box at top of page
Many Notaries get confused by the information in the box at the top of an Acknowledgment. Many Notaries feel that the signer does not have to verify the validity of the document where it says clearly that the Notary does not have to. It is better to clarify this point as many Notaries are lacking the gift of logical thinking which can cause a lot of confusion.
(b) Perjury clause in Acknowledgments
Many Notaries feel that the signer is signing under the penalty of perjury in an Acknowledgment where it is clear that it is the Notary who is filling out the form correctly under the penalty of perjury. This point is widely misunderstood and needs to be elaborated since there are so many who cannot think logically about this point.
(c) Notaries are often unclear about whether the signer has to sign in their presence. Since the signer must personally appear, Notaries misinterpret this to mean that the signer must sign while they personally appear which is not true in California. The signer can sign ten years ago, but cannot be notarized until they appear.
(d) Notaries are often unclear about who is acknowledging what in an acknowledgment. Many thing that the Notary is acknowledging that a signature is correct. This is not true. The signer needs to acknowledge that they signed a document in the presence of the Notary. This point needs to be clarified for your notaries because there is too much confusion and misinterpretation going on out there.
(e) The additional optional information on NNA forms should be REQUIRED by law on loose certificates as it deters the fraudulent switching of acknowledgments to other documents by virtue that it identifies the name of the document, number of pages, document date, signers, and more…

9. Chain of Authority.
Many Notaries work with Title companies regularly and think of the Title companies as their boss. Wrong! The state is not exactly their boss, but is the entity they have to refer to if there is a legal question. It is common for Notaries to ask Lenders and Title what they can and cannot do as a Notary. This is wrong. They will get either a wrong answer or an answer that benefits the Lender or Title both of whom have beneficial and financial interest in the documents being Notaries. This point needs to be drummed into the Notaries heads. The State of California should ideally have a Notary hotline because there are so many times when Notaries have questions about what they can and cannot do, and often late at night when help is not available. The point of a Notary is to ensure the integrity of transactions done involving signed documents. If the Notary cannot find out what the law says, then the notarization will not have any integrity. This is a very serious issue.

10. Hands On Training
Notaries take a written exam, but this is not really as important as practical matters. What is important is to have someone do hands on training and testing to see if the Notary can fill out forms, journals, administer Oaths, take thumbprints, use credible witnesses, and decipher between legal and illegal requests. A written test cannot do this.

.

SUMMARY

1. Notary training should be two, three or four days long for new Notaries with a refresher every year to keep everyone serious.

2. Notaries should be trained by hand to see if they can handle requests, explain terminology and fill out forms, etc.

3. Notaries need to be audited regularly. Not only journal auditing which you are already doing (super!!!) Auditing people by pretending to be customers and asking them to do Oaths, or asking them if such and such a notarization would be legal under particular circumstances will let you know which of your Notaries are acceptable and which are criminals. It takes work, but you are a prudent organization that values integrity and I believe you will do the work.

Thanks
Sincerely,
Jeremy Belmont
123notary manager

.

You might also like:

Letter to Florida Notary Division
http://blog.123notary.com/?p=19896

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

Letter to Trump about the sad condition of American Notaries
http://blog.123notary.com/?p=19403

Share
>

April 29, 2018

Do I need $1 million (E&O) insurance to get more Notary business?

Filed under: Marketing Articles,Other Guest Bloggers — Tags: , , , — admin @ 10:59 pm

Do I need $100,000 or $1 million in Errors & Omission (E&O) insurance to get more Notary business?
It is not uncommon for some companies to require that a Notary have more than the standard amount of E&O Insurance. There is no state mandated minimum for E&O unlike a Notary Bond where the law requires every Notary to file an official bond for $15,000 which is designed to pay limited claims against the Notary Public.

But please make no mistake. All Notaries must carry some form of E&O insurance to protect themselves from unintentional errors and omissions they make. Of course, E&O policies will not cover fraudulent acts or intentional errors. Without E&O Insurance, you will have to pay for the cost of the judgment or settlement and your own legal expenses. The financial impact can force a Notary to renounce his/her Notary commission and possibly even declare bankruptcy depending upon then severity of the error.

The high coverage of an E&O policy is based on the false perception that the companies would get a better class of Notary or that they are protected from any and all errors made by the Notary. This is farthest from the truth. I have more than 20 years of experience being a Notary and have never increased my E&O Insurance above the standard amount of $15,000/- primarily for 2 reasons. First, the number of companies requiring $100,000 or even $1 million in E&O Insurance are few and far between and the number of jobs that a Notary gets does not make up for the increased premium for the additional coverage. Second, the E&O policy only covers clerical errors and does not cover any fraudulent acts committed by the Notary. As a matter of practice, I double and sometimes triple check my work and am always cautious of the people who appear before me for a notarization. More importantly, I never do anything that even has the appearance of a scam or fraud. I have no intention of being someone’s boyfriend with no escape clause!!

.

You might also like:

The 30 point course – beneficial interest and E&O Insurance
http://blog.123notary.com/?p=14532

Posts about E&O Insurance
http://blog.123notary.com/?tag=eo-insurance

Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

Share
>

April 11, 2018

Letter to Donald Trump about the State of the Notary Industry.

Filed under: General Articles — admin @ 10:21 am

Dear President Donald Trump,
You have initiated this wonderful idea of draining swamps. I will inform you that the state of the Notary industry in forty-nine of the fifty states in the nation is a big swamp, except in Florida where it is more of a glade(s).

A well thought out political system should had a network of checks and balances. The minute an organization is not checked, it can run wild and get away with endless mischief or negligence. This is how I believe the Notary industry is at this point. The Notary divisions are generally not watching their Notaries, and the Feds are not watching the Notary divisions at all. The result is rampant ignorance, fraud and criminal activity on the part of Notaries generally done out of negligence. But, why should you or anyone else be especially concerned? In short:

Notary Agencies need to be regulated by the Feds to reduce the incidence of very damaging fraud, perjury, and general ignorance.

.

1. Journals and Property Fraud
If someone impersonated a Notary, the impersonator could sell one of your $300,000,000 properties without your consent and get the Deed recorded. Since in NY State, a notary is not required to keep a journal, the fraudulent sale would not have any particular paper trail back to the notary’s journal who was impersonated. Such an instance would cause immeasurable grief to you and all involved which is why it behooves Federal Law to include statues about keeping journals that all states must abide by or be fined, etc. Journals are very good record keeping tools for notaries, because the name of the individual signing, the name of the document date, time, etc., can be notated. But, a thumbprint can also be taken which can help find someone who gave a fake ID to a Notary. Fake ID’s do not surface more than 1/5000 notary appointments in my experience. But, if a serious act of fraud is done using one, you need a paper trail that can help investigators find the perpetrators. The journal can help prove who did what and when and help prove if a document was falsely notarized.

2. Perjury and Felonies
It is considered by some to be a felony if the Notary claims in writing to have given an Oath to an affiant when in fact they did not. Many Notaries fail to administer Oaths when legally required on a daily basis which means they could be considered a serial felon. A felony is a serious offence, and felons are generally barred from becoming notaries in all states. The fact is that none of the states bother to quiz their notaries on whether or not they administer Oaths, and whether or not those Oaths are relevant, or worded appropriately (or logically.) In my experience, 70% of notaries do not administer Oaths and the other 30% very rarely administer correct Oaths.

3. Mandatory Journal Thumbprints for Deeds
For Deeds affecting real property and Power of Attorney documents, a journal thumbprint can safeguard the transaction from serious fraud. Journal thumbprints are discouraged in Texas and Florida because the governments do not trust Notaries to be custodians of such information. It is feared that the notaries will engage in the unlawful distribution of these biometric data for fraudulent purposes. My opinion is that Notaries should be trusted as much as police, Attorneys, military personal and Judges. If not, then the notary should not be commissioned as a notary to begin with. Few states require thumbprints, but in my opinion all states should

4. Mandatory training and quizzing
Few Notaries know what they are doing (I quiz them which is how I know). Therefor, a simple solution would be for all states to have a Notary class, written test and hands on test. Some states have a day long class. However, I believe that to attain mastery of the Notary profession, between two to four days of class are necessary and should go over theoretical knowledge as well as hands on training. Mastery of what to do when an unusual situation comes up is also critical as Notaries are often asked to do unlawful things and should become experts at saying no to illegal requests. Notaries should also be able to discern between an unusual request and an illegal request because many notaries illegally decline acceptable requests which is a moderate problem. Additionally, Notary divisions should audit notaries from time to time when the Notaries are not expecting it just to keep everyone honest.

.

My request is that you require the Notary divisions to verify that:

1. All Notaries commissioned in their state keep a journal with thumbprints (will require changes to statutes).

2. All Notaries know how to administer Oaths and Affirmations

3. All Notaries know how to correctly fill out notarial forms completed

4. All Notaries know which types of typical requests are legal and which are not.

.

Since there are so many thousands of notaries in each state, this might be time consuming, but it is very necessary. Additionally, it would be beneficial to the industry to have:

1. A minimum fee of $25 per Notary appointment to ensure more applicants feel an incentive to apply for a Notary commission.

2. Fewer Notaries per state so that the states can pick those applicants with higher test scores to keep the average quality high

3. Official minimum fees of at least $25 for travel and $20 waiting time (if at a hospital or situation that merits more than ten minutes waiting time) that must be paid up front at the door to ensure that Notaries will not have their arm twisted to do illegal acts under the duress of not getting paid their travel fee (a very real issue which happens a lot.)

Thank you for your consideration.
Sincerely,
Jeremy Belmont
123notary manager

.

You might also like:

Letter to Trump about the sad condition of American Notaries
http://blog.123notary.com/?p=19403

If Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

Share
>

March 25, 2018

Notary Marketing 102 — Notary Education

Filed under: Loan Signing 101 — admin @ 8:12 am

Return to Notary Marketing 102 Contents

.

Notary Education

Many Notaries want to get started in the loan signing industry. What they forget is that to become a successful loan signing agent, you first have to know how to be a good Notary Public. Being a good Notary is not rocket science, but there are a few things that could trip you up. Many states have insufficient requirements for Notaries. Some of the lacking requirements could present Notaries and their clients with legal dangers.

Being a good Notary means being knowledgeable and safe. Being knowledgeable means knowing your state notary laws inside out. But, being safe means limiting your exposure to liability. We cannot teach you your state notary laws here, but the handbooks for most states are online and easy to access by searching on Google.

.

Notary Knowledge References:

.

(1) Your state’s official notary handbook. Search for it on Google.

(2) The NNA has a Notary Essentials Course which many people like.

(3) 123notary has a much shorter brush up course called Notary Public 101 which is about best practices and does NOT cover state specific laws.

Please be advised that Notary safety is as important as making money because you want to stay out of court and not get in trouble. Safety precautions include:

(1) Keep an official journal of Notarial acts whether your state requires it or not. That is your only evidence in court of what you notarized and more important — what you did NOT notarize if impostered (yes, it happens.)

(2) Keep thumbprints in your journal to assist the FBI in catching identity thieves. You will probably never run into one in your career but many notaries do. The FBI might name you as a suspect if you do not provide an adequate paper trail, as a bad paper trail looks like a cover up.

(3) Be wary of elder notarizations. If someone is in a hospital, not fully with it, or on morphine, they are more likely to be cheated in a transaction which means that you will be likely to end up in court or investigated.

.

Signing Agent Knowledge

.

Once you are a commissioned notary as well as being a competent notary, it is time to study your signing agent knowledge. You will need to know most of the attributes of common loan documents, signing and initialing procedures, how to fix errors in notary forms, and how to date a Right to Rescind correctly. At 123notary, we only recognize our own certification as well as Notary2Pros. However, there are many places you can receive signing agent training. We recommend:

(1) 123notary’s loan signing combo course. This course goes over loan signing from A to Z as well as marketing help and how to run your operation and keep good records.

(2) Notary2Pro offers more personalized care and their graduates have a better knowledge of loan signing than other sources.

(3) NNA offers signing agent certification at many different levels. Theirs is the most recognized of the various courses, but the test results of people with the NNA basic signing agent certification when taking 123notary quizzes is not as high as the other contenders.

.

Please also read:

Loan Signing Courses For All Budgets
http://www.123notary.com/loan_signing_courses.html

Notary Public 101 — Notary Procedure from A to Z
http://blog.123notary.com/?p=19493

.

Share
>

March 15, 2018

Notary Marketing 102 — Notary Advertising

Filed under: Loan Signing 101 — Tags: , , , , , — admin @ 7:36 am

Return to Notary Marketing 102 Contents

.

The state of Notary advertising is always changing. Sites go up and down in popularity, and change their policies and business models. 2018 is no exception to this rule. The most popular several sites have changed a little bit in the last few years. Here is my current analysis of the various popular sites.

Also Read:
The State of Notary Advertising in 2016

How much should a Notary spend on advertising?

.

123notary.com – for the best quality notaries!
123notary leads the pack in terms of attracting the highest quantity of work from higher paying Title & Escrow companies. The reason for this is that 123notary has higher quality standards than any other site. 123notary offers many sophisticated and practical search filters as well. Search by city, county, zip or state and filter for hospital jobs, languages, certified notaries, and more options as well.

Self-praising Notaries who think they know everything are rudely awakened by Jeremy’s quizzes to the fact that their knowledge doesn’t cut it in the industry and that they need to study more. Quality control involves making people regularly log in to their listing, keep their notes updated, study and prove their knowledge. The result of this constant attention to quality is a far higher quality and consistency of search results on 123notary. Notaries who like the idea of constantly improving their knowledge will most likely love 123notary. Those who are anti-knowledge and anti-responsibility might not.

123notary requires all Notaries to log in to their listing every 120 days and also to maintain a good notes section and get a 70% on a Notary Quiz administered by phone or a higher grade if administered by email. 123notary realizes that nobody is perfect and we have to be flexible with our requirements, but we want to deliver the best possible search to the users, and this is why we stress quality control.

.

Snapdocs.com — an upcoming star
Snapdocs attracts the greatest volume of signings of any directory, but the pay is normally very very low. They have great technology and great search algorithms. The downside is that their Notaries are mostly of a very poor quality. Notaries on Snapdocs normally get paid lower than any other site. However, there are a few who are able to negotiate good fees. I know some of those Notaries personally, and they merit better fees. If you want to get paid well, please consider adapting your knowledge and professionalism to merit good fees. Please also consider that certain directories attract a higher volume of jobs with high fees.

.

NotaryRotary.com — a good directory that is slowly losing steam
I would estimate that Notary Rotary is getting roughly 10% of the market share of signings and signings from that site are in all price ranges based on what I have heard. Notary Rotary used to be a big contender in the Notary industry. More recently, according to what I have heard, people are getting less and less work from them in 2018. Notary Rotary has a higher quality of Notaries than most sites and caters to finding Notaries in order of proximity which is helpful. Their fees for sign up are reasonable and they have great Notary supplies, insurance and a popular forum.

.

NotaryCafe.com
Notary Cafe has been around for decades and has always attracted some business. The format of their site has changed over the years. I would estimate they get about 5% of the market share for signings. Notary Cafe has a search algorithm which seems to integrate proximity, and how recently you logged into your listing. It is well organized. However, the quality of the Notaries is not as good as 123notary or Notary Rotary.

.

SigningAgent.com
The NNA runs SigningAgent.com and this site has the highest quantity of Notaries of any other directory. However, the overall quality of the Notaries on their site is inconsistent. This site is maintained well and has great search features, filters for edocuments, certification, and a flexible radius. Many Notaries like to advertise on this site, but the volume of business it attracts is limited.

.

Google Local
In addition to marketing on purely Notary sites, many notaries do well advertising on Google Local. Google Local will get you nearby customers for all types of Notary work.

.

Other Online Advertising
Yelp, and online Yellow Pages. If you want to do paid listings on online yellow pages, start with a small investment and see what rate of return you get before investing a lot; otherwise you might not get any return on a larger investment. I am unaware of how successful Yelp is, but some Notaries do get work from them, and the reviews really attract business to your listing.

.

Manual Promotion
It is wise to call Title companies and give them your information. You can also contact hospitals, convalescent homes, Real Estate offices, law offices, jails, people who visit jails, and anyone else who might need a Notary. Handing out cards to strangers, customers, and office-mates of customers is a very effective marketing technique. Some Notaries have price sheets which is fine, but the most important is a business card.

.

Summary
So, whom should you advertise with? Start with 123notary and Snapdocs. But, maintaining your listings is as important as who you advertise with. So, read the other sections of this course to learn how to optimize your listings and say the right things to attract the best clients.

.

Share
>

March 12, 2018

Notary Marketing 102 — Getting Paid

Filed under: Loan Signing 101,Tips for Getting Paid — admin @ 8:43 am

Return to Notary Marketing 102 Contents

.

Many Notaries complain that they don’t get paid on time. The problem is complicated. Many signing companies are also not getting paid because they are also not careful of what clients they do business with and their contracts are often not air-tight. The problem of getting paid is several fold. You have to do good work, otherwise you will be the last to get paid. You have to background screen companies, otherwise you will work for the worst. You also have to be aggressive in billing. Below are my formal suggestions:

.

1. Be the best at what you do
If signing companies value you because you are the nicest and most dependable notary in the business, they still might not pay fast, but they will feel motivated to pay you – otherwise they will lose you. And nobody wants to lose their best Notary.
.

2. Ask for References
If a company doesn’t want to give you references they are probably not worth working for.
.

3. Screen companies first — Read about them on the forums
Notary Rotary and 123notary keep information on what Notaries say about companies on our forums. You can look up hundreds of companies. We also have a list of signing companies with reviews on our site you can reference from a mobile phone!
.

4. Keep good records.
If you keep stats on how long it takes companies to pay you, and do the math to create averages for how many days it takes, you can avoid the companies that pay slowly.
.

5. Have a credit limit for each company.
If a company has proven to pay quickly and on time, you can offer more credit. But, for newer companies or slow pays, I would not offer them more than $200 in credit.
.

6. Bill weekly
If you keep after companies that owe you money by emailing them bills and calling about the late ones, they are not going to enjoy being harrassed. They will be more likely to pay you.
.

7. The letter from hell
If you still can’t get paid, use the demand letter we entitle “The letter from hell” in our resources page.
http://www.123notary.com/howto-get-paid-signing-agent.htm
.

8. Protect yourself with a contract
If you have a contract that goes over how much you get paid for last minute cancellations, printing, and if the loan doesn’t get signed, you will have legal grounds to get paid. There are many situations you can protect yourself from with a contract. Getting others to sign your contract will only happen if you are one of the best Notaries, so don’t get your hopes too far up.
http://blog.123notary.com/?p=2593
.

9. Physically show up at the signing company
If you are within driving distance, you can have a personal appearance at a signing company and camp out until you get paid.
.

10. Sent a letter from an Attorney
Many Attorneys send letters for a low price if you shop around. Nobody wants to get sued, so have a letter written and get paid fast.

.

Share
>

January 11, 2018

Which Notary act does not require personal appearance of the signer?

Filed under: Notary Acts & Certificates — admin @ 12:03 pm

Most Notaries do not know their Notary acts. They cannot even name them. There is one particular notary act which is allowed in most states which does not require personal appearance of the signer.

This is a proof of execution. The proof of execution allows the signer (the principal) to sign when a subscribing witness is watching them sign. Then the subscribing witness appears before a Notary, and swears upon Oath that the principal signed the document in their presence.

This act is used when a signer is busy or not able to appear before a Notary Public. Additionally, this act is used on less than one notarization in a thousand in my estimate and most Notaries don’t even know that it exists let alone how to perform it.

Not for use on deeds. Just wanted you guys to know what this is just for your knowledge base.

.

You might also like:

Notary Public 101 – Basic Notary Acts
http://blog.123notary.com/?p=19500

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

How do you get a Power of Attorney Document
http://blog.123notary.com/?p=20785

Share
>

December 20, 2017

Winging it as a Notary

Filed under: Business Tips,Popular on Linked In — admin @ 11:02 am

Many Notaries get into the signing agent profession as a way to make some quick cash or at least make a supplemental income. What they don’t get is that being a signing agent is mostly about being a Notary Public. If you don’t know how to be a good Notary you might run into situations as a signing agent you might not know how to handle or even situations that can get you into legal trouble.

Carmen always tells me that most Notaries are just “winging it” and don’t bother to study to be experts in their field because they don’t think they need to. Being a signing agent requires no specific skill. Just sign as the names are typed in the document and initial where it says to initial, get the docs fedexed back on time and you are done. There might be some faxing or scannning too, but it is not a high skill profession unless…

Unless you want to really know what you are doing. But, what is there to know?

1. Basic Notary Procedure.
Most Notaries think that being a Notary involves stamping forms, but there is a lot more.

(a) There is correct journal filling outing procedure (your only evidenece in course and 15% of full-time signers end up in court at least once,) as well as…
(b) Knowing when to say yes or no to a request which requires knowing something about Notary law and prudency.
(c) Administering Oaths
(d) Knowing the difference between the various Notary acts
(e) Identifying people in prudent ways. Perhaps that should be #1 as it is the most important.
(f) Taking thumbprints as a backup just in case the ID was fake.

2. Introducing the Documents
Knowing how to introduce the loan documents is very different from knowing how to answer FAQ’s about the documents. You can memorize two sentences about each document to introduce the documents to borrowers.

3. Answering FAQ’s
If borrowers want to know which information is where, you had better know, otherwise you are not a signing agent, but only a point and sign Notary. There are many FAQ’s that people might ask. Do you write them down so you can master answering these questions or do you just wing it and hope for the best. What makes a professional is being prepared which is something few Notaries comprehend.

4. Dealing with snags in signings.
There are various things that can go wrong in a signing.
(a) The borrower has a question and the Lender doesn’t answer.
(b) The eDocuments don’t come on time.
(c) There is a cancellation while you are en route.
(d) The borrower doesn’t want to sign either because they don’t understand something or don’t like one of the terms.
(e) You have a package with an unsigned document and don’t know whether or not to drop it because nobody is answering your calls at Title or at the signing company.
(f) The borrower is upset because they are asked to sign John Emanual Smith when they never sign that way.
(g) The borrower hits the roof (and builds a sleeping area attached to the roof) because they find out they are in a flood zone.
(h) At the last minute the borrower finds out they need a cashier’s check.
(i) The borrower won’t swear under Oath because they are an Athiest.
(j) You are notarizing for John and Sally, but Sally is not able to arrive, but the Acknowledgment has John and Sally pretyped in there.

There are many snags, situations, and times when you need knowledge and experience as a signing agent. And then there are the “soft skills” like knowing how to dress and deal with people which matter equally as much if not more. If you go through your career trying to know as little as possible and respond adversely when people ask you questions or have demands of you, you will not do well in this job. Try to be agreeable, responsible, communicate well, and know your stuff. They you are giving yourself a chance and will make our lives easier as well.

.

You might also like:

Does knowledge matter any more as a signing agent?
http://blog.123notary.com/?p=19887

Compilation of Certification posts
http://blog.123notary.com/?p=16264

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

Share
>

November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Facebook (very),Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

.

1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

.

2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more…

.

3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

.

4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

.

5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

.

6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

.

7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

.

8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

.

9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

.

10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

.

11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more…

.

12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more…

.

13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more …

.

14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

.

15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

.

16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

.

17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

.

18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

.

19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

.

20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

.

You might also like:

Do you take control at a signing?
http://blog.123notary.com/?p=21104

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

The Grace Period after your signing
http://blog.123notary.com/?p=19465

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

Share
>

October 31, 2017

Notary Public 101 — Review Quick Pointers

Filed under: Loan Signing 101,Popular on Twitter — Tags: — admin @ 4:34 am

Return to the table of contents page of Notary Public 101

Here are some review pointers. Rather than teaching in index format like I usually do, these are quick facts you need to know. Besides those other facts your embarrassed parents thought you didn’t need to know.

An Affiant is someone who signs an Affidavit and swears under Oath. A Harvey Weinstein is someone who signs a check to a woman to hush her up and swears under his breath.

An Attorney in Fact is another way of saying Agent or Grantee for a power of attorney. An Attorney in Fiction is another way of saying Perry Mason.

A certificate is a form a Notary uses for executing Acknowledgments, Jurats, and other Notary acts that require a certificate. Florida and Texas use certificates for Oaths while most other states do not. You can buy certificates in pad format from the NNA and other vendors. You should keep these in your notary bag at all times because you WILL be using them.

A Principal is the main person who signs an Power of Attorney or who is signing a document that is notarized using the Proof of Execution procedure. It just means the main person who signs a document. Consider it your Notary bag of tricks. The other kind of principal is the person you’re sent to when you’re caught chewing gum in class. Memories!

The Venue is the part of the certificate where you document the state and county where the notarization is taking place. It is also the physical location where you might be at any point in time, especially during a notarization. On the other hand, if you pick up a Notary in a bar, the venue could be your place or mine.

In an Acknowledgment, the signer must acknowledge having signed a document in the physical presence of the Notary Public, but does not need to sign in front of the Notary (although Lenders prefer that they do.) Some lenders I know also prefer that the well-known phrase, “Neither a borrower nor a lender be,” NOT be acknowledged, because it would mean they no longer be!

In a Jurat, the affiant or signer must sign and swear to the truthfulness of the written statement or document in the presence of the Notary which is evident based on the Jurat wording, “Subscribed and Sworn to BEFORE ME.” Note that acknowledgments do not include the before me part when referring to signing. They also don’t include any swear words, so the “sworn to me” part is confusing.

Your Seal must be clear, complete and not smudgy and not have light or missing corners or you will be hearing from the county recorder and might have to redo your work. Seals may look smudgy even if they aren’t, if you forgot to wear your contacts.

It is illegal to omit an Oath or Affirmation when executing a Jurat. Many Notaries say that they never have to administer Oaths in their state. I’m not sure whether or not to believe them. But, you need to know how to do an Oath if you see the words, “Subscribed and SWORN to before me.”

Oaths begin with the verbiage, “Do you solemnly swear…” If you omit the term swear, then the proceding is not an Oath. Oaths are made under God while Affirmations are made on your personal honor. If you’re Harvey Weinstein, the personal honor part doesn’t apply. I affirm that will be my last Harvey Weinstein joke.

Affirmations use the verb “affirm” or “state” but not swear. If you swear it is not an Affirmation and if you affirm it is not an Oath.

Oral statements do not get the same Oath as a written document or statement. Do you solemnly swear that the statement you are about to make is true and correct is a good Oath verbiage for an oral statement, but would be completely wrong for a document Oath for obvious reasons. Don’t let the fact that oral hygiene is good and documented hygiene is also good confuse you.

In your Notary Journal create one entry per person per document. If there are two signers each signing three notarized documents, then enter six entries. Each one signed by the corresponding signer. And keep journal thumbprints just in case someone gives you a fake ID. (If you’re a liquor store owner and someone gives you a fake ID, give them your thumbprint down!) Keep additional notes if there is more than one document with the same name such as escrow numbers, addresses, or anything to distinguish the documents.

The purpose in keeping a journal is not so much to please your state although many states require this, it is to please the FBI & Judges as they will be the ones inspecting your journal if something goes wrong. (However there’s no pleasing some people, like my old girlfriend who complained when I had the toilet paper roll under, not over, and also when I had it over, not under.) California audits journals from time to time too and they will suspend you if you keep a bad journal or no journal.

If the identification does not prove a person’s identity then that is a questionable and possibly illegal notarization. Think of all the trouble you could get yourself into taking liberties notarizing. You could end up in court as a defendant. The ID does not have to exactly match the signature, but the name in the signature must be provable based on the ID. i.e. the ID says John William Smith and the signature on the document says, John W Smith — then it is provable and you should be okay. If your ID says “John Doe” and you’re checking into a hotel with a harlot, it isn’t provable but you should be okay if you wear protection.

Identification for the purposes of notarization should be government issued photo ID’s and be current (some states have exceptions to the current part.) A Social Security card or AKA statement is NOT acceptable for a Notary to use to identify a signer or verify a middle initial. If Social Security runs out in 30 years, you can use that to identify millennials’ middle fingers.

A thumbprint is the most unique and reliable way of identifying someone as a supplemental form of identification. Use a photo ID as a primary ID and thumbprint in your journal. That way if you are ever investigated you will have hard bio-metric data to find dangerous criminals. If the criminal had his thumb blown off, you’re on your own.

When doing a POA signing with an Attorney in Fact, there are multiple ways an AIF can sign. John, as attorney in fact for Sue. Sue, by John her POA, etc. To choose the right variation is NOT YOUR JOB. There are perhaps eight legally acceptable ways of doing the verbiage. It is up to the LENDER to decide which variation they want. Rely exclusively on them for this as choosing a variation is a matter of preference, and the loan will not go through if you goof on this. If you goof on your younger siblings, it’s perfectly normal.

Do NOT send loose certificates in the mail. You could end up in jail as it could be attached to anything. Certificates must be stapled to the document they correspond to — period! Do not send loose women in the mail unless she’s going to Harvey Weinstein. Darn! Okay, I promise, that’s the last Weinstein joke!

Do not ask Lenders or title people for notary advice. They will tell you what they want you to do which is often illegal and for their short term benefit. Rely on your state government and NNA’s hotline for reliable Notary knowledge. Other people are NOT experts at Notary law and might lead you astray by accident or for their convenience. Don’t trust anybody except Santa Claus and the Tooth Fairy. They don’t exist? Okay, don’t even trust them!

Share
>
« Newer Posts — Older Posts »