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November 4, 2020

10 risks to being a Mobile Notary Public.

Filed under: Notary Mistakes,Popular on Facebook (some) — admin @ 12:59 am

Originally posted Oct 19, 2017.

Notarize at your own risk. Being a Notary is NOT safe!

Many of you think that being a Notary is an easy way to make a few extra bucks. Stamp a piece of paper, get $10, easy, right? Then you deal with nitpicky signing companies who make you fax things back and you get mad, right? That is an annoyance, but not the bigger problem. Being a Notary is dangerous, particular when you don’t do your job correctly. Most Notaries feel that you look at an ID and if it is close enough and the photo looks like the guy, that you are doing your job, right? Sort of. Here are some itemized risks to being a Notary Public.

1. Hoarders
If you go to someone’s house and they have things stacked to the ceiling, you might be in danger in their house. The signer doesn’t want to hurt you. It is just that they cannot control their psychological disease that causes them to engage in hoarding. My housemate is like this and she has stuff stacked to the ceiling which is dangerous and a fire hazard. Something could fall on you or you could get trapped in a fire.

2. Bio-hazards
Some homes that are not cleaned properly are dangerous. One house Carmen almost went into had some bacterial infection that would have gone straight to her lungs and caused her to go to the hospital. If a house smells funny, maybe you are not safe in there. If it is not ventillated properly, perhaps you should stay away. Poor hygene can be deadly, so be advised.

3. Dogs
Some neighborhoods have unsafe dogs around. Notaries could be harrassed or bitten by dogs. Carrying pepper spray or mace is not a bad idea.

4. Slummy neighbors
You might go to a signing in a bad area and people nearby might be hanging out who look unsavory. I am not sure if this is dangerous, but some people get upset.

5. Angry borrowers.
One Notary got pushed off a flight of stairs and broke her wrist. The borrower didn’t like his APR and I guess the Notary didn’t educate themself on how to give a professional explanation of the APR either. The borrower ended up in jail very quickly and the Notary healed in two months.

6. FBI and lawsuits
Roughly 2% of full-time Notaries will end up in court or with an FBI investigation for being involved with identity theft. If you do not keep a thorough journal with thumbprints and the right amount of journal entries, you are much more likely to be held in court as a witness, suspect, or cause yourself extended grief. Without a thumbprint, the investigators are often helpless to catch really really bad people. So, help them out and keep thumbprints. Do your part to safeguard mankind.

7. Getting sued by a borrower
One borrower got mad and sued the Lender, Title company and the Notary when the Notary had done nothing wrong. The Notary tried to use their E&O insurance, but the company wouldn’t pay out because the Notary had not made any error or omission. Of all the bad luck. So, the Notary lost $30,000 in legal fees. Talk about bad karma.

8. Getting sued by the bar association
If you life in an Attorney state and do loan signings without a law license, the bar association might come after you. Good grief.

9. Jeremy might phone quiz you.
Many Notaries who thought they had it together got a phone call from the infamous Jeremy (that’s me) and failed an over the phone quiz. They rationalized, “I’ve been doing this 30 years and therefore I know what I’m doing.” My rationalization is, “Not if you got 18% on my quiz which consists of very easy and every day notary questions.” You might not lose any money, but you could lose your dignity if you score less than 70%. So, study up!

10. Your seal could be stolen
It happened to me. I had to write to the Secretary of State. My car was broken into and I lost my seal, embosser and journal. What a tragedy. It took me two and a half weeks to be back in business. Think of all the money I lost not to mention the trauma of being robbed of my most prized possession — my inkless embosser that I used as a secondary seal to deter fraud! Boo-hoo.

There is also the risk of traffic accidents and having one of those talking GPS systems that talks back to you when you get in the wrong lane, but I won’t include details of those problems as they are common to all humans who drive and not just to Notaries. The end!

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You might also like:

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Notary loses $4000 in legal fees because a fraud adds a name to a Notary Acknowledgment.
http://blog.123notary.com/?p=19477

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Index of information about documents
http://blog.123notary.com/?p=20258

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October 29, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents should I NOT notarize? (better idea for a title)

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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August 13, 2020

Notaries and test questions during Covid19

Filed under: General Articles — admin @ 8:45 am

I have a little quiz which I send by email to some of our newer notaries to get a reading on how smart they are at handling situations. This Covid19 panic has turned many people’s brains to mush including many Notaries. This is a problem. You need to be able to think, read, and reason. If you lack this ability, anyone can control you and make a virtual slave out of you.

Americans are like a sleeping tiger. It takes us a while to wake up and fight back. It took 33 days for Americans to protest shut downs and now it is a force to be reckoned with.

But, those not fighting are afraid. I ask a question where I ask what the Notary should ask the signer before driving to the signing.

The types of answers I am looking for involve asking for how the name reads on the ID to compare that with the documents. Also going over if funds are due, other signers need to be there, witnesses, tables, 90 minutes available, etc. The types of answers I have been getting in the last two months have been mostly about Covid19 and NOT about Notary related questions.

Sure, you can go over your N95 mask and gloves, but that doesn’t solve the problem of whether their ID says John W Smith. If their ID says Sam Smith and the documents say Samuel T Smith, you can’t do the signing even if you talk for two hours about socially distancing and sitting in the lawn during the signing. The priority is to think about Notary issues first and THEN talk about Covid19. But, there is little to talk about.

As a Notary, you should know the drill for Covid19. You either stay outside the house while they sign, do the signing outside, or sit far apart.

If you are not in bad health and don’t live with someone in bad health, Covid19 is not likely to get you sick or kill you. You might get infected, but 96% of infected people don’t realize they are infected according to new data. The flu is much more dangerous for healthy people, yet we don’t make much of a big deal out of it. Why? Because nobody brainwashed us into fearing the flu AND because it is familiar. People fear what is not familiar.

I am so used to Covid19 now, that it is familiar to me. I am no longer scared. I hope the rest of America comes to its senses before we are all living in refugee camps waiting in long lines for bread and soup.

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May 20, 2020

Arkansas Acknowledgment Wording

Arkansas Acknowledgment Verbiage; Arkansas Acknowledgment Form;
Below is the official Arkansas Acknowledgment Wording. Please keep in mind that the seal should be affixed at the bottom of this form.

State of Arkansas
County of ______________
On this the___________ day of _________, 20 , before me, (__________name of notary), the undersigned notary, personally appeared ____________(name(s) of signer(s)) known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. ____________________________________ [Seal of Office] Signature of Notary Public My Commission expires:______

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April 3, 2020

Can you Notarize a document that contains the following pre-printed language?

Filed under: Other Guest Bloggers — admin @ 8:51 am

Notary: Please complete the following. No other acknowledgement is acceptable (see instructions).
The person who signed is known to or was identified by me, and, before me, signed or acknowledged to have signed this form. In witness thereof, I have signed below on this _________ day of ___________, ______________.

My commission expires:________________Notary Public Signature: ______________

While this appears tricky and may leave you second guessing, the short answer is YES.
You can notarize the document even though it does not comply with the exact or substantially similar notary language for 2 reasons.

1. The document is not asking you notarize the capacity or title in which the signer is signing the document.
2. The document is not being filed in California.

This is true for all out of state documents that have preprinted notarial language on it that requires an acknowledgment. If the notarized document is being filed or recorded in California, you MUST complete the California All-Purpose Acknowledgment.

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March 26, 2020

Benefits of 123notary from Kate McKinnon. (detailed testimonial)

Filed under: Advertising — admin @ 8:38 am

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1. At least 3 title/escrow companies contacted me to thank me for the
time I’ve given to their Borrowers, at least 2 of whom were first-time Borrowers. I know that many people are overwhelmed from the moment I take documents out. I put them at ease by telling them that “now and in future transactions, they usually need to focus on 3 documents— all other paperwork is in support of these documents.” (I have reviews on 123 that speak to this.)

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2. Continuing on from above, I’d like to add that some notaries’
practice is to “do the signing quickly and get on the next.” I take whatever time is reasonable to make sure the signer is comfortable with and understands the process. In loan signings I am aware this is often one of the major financial commitments in people’s lives and they are understandably nervous; and, that the Client has entrusted me to complete this signing, so I am in essence representing them as well.

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3. From the start of my career as a notary, I learned from 123Notary to do my homework (up front): review the package, flag important and/or unusual things soothes are not missed; doing any other necessary research (e.g., trusts/adoption documents; attorneys in fact, etc.). The more knowledgeable I am about documents and procedures, the better notary I am. Also, I prefer to “re-do” rather than correct and initial. I like for my work to be correct and error-free. Clients notice (as reflected in some of my 123Notary reviews.)

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4. I have taken your marketing advice to heart, and its paying off more and more. I make it easy for people to not only find me, but to make them want to use me.

a. Increasingly my better paying jobs are coming as a result of the 123 website. I anticipate that paying for a higher listing will more than pay for itself with my first two orders coming from it.

b. I instill a sense of security in my client as a matter of course by advising them of receipt of confirmation, meeting/closing with the client, dropping/tracking of documents.

c. Occasionally I contact people who have used me more than once to thank them —in an attempt to keep my name before them without being pushy. Sometimes enclose a thank you note with my invoice and asking them to let me know what I can do to better serve them.

d. All of my marketing materials are coordinated in their look and easily identifiable (business cards, stationery, website, invoices, note cards, etc.).

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5. Both my corporate and individual clients appreciate that I text my photo and/or business card with my photo confirming our meeting. I never knew how impactful this would become. People like to know with whom they are meeting (especially for coffee shop or hospital signings as well as with seniors and single women)…and the “ice is already broken” before I show up.

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6. More and more I’m learning what separates me from the pack:

a. I always ask how they found me. Many answer 123Notary. If other than 123, I encourage them to read my 123 reviews.

b. Doing my research…usually on your blogs, NNA and the internet, bookmarking or maintaining notes.

c. Paying attention to detail.

d. Professionalism in my dress, communications and manners.

e. Being honest in what I do and do not know.

f. Getting back to designated contact(s) after noting issues during the closing. This only happened rarely and in the beginning of my
practice, but I always let Borrower know that we can communicate with their loan officer, etc.

g. Finally, the notary’s client is a person just as we are. I relate to them as such. (This is frequently mentioned in my 123 reviews.)

h. My overall knowledge of mortgage documents, types of residents (primary vs. second), homesteads, trusts/trustees; subscribing witnesses/signature by mark; Apostilles, etc.

i. For me personally, I both hate and appreciate doing detailed journal entries and loose certificates. It takes more time, but my record are perfect and my loose certificates always specify the document name, number of pages and date.

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March 17, 2020

Most popular posts as of 2019

Filed under: Compilations — admin @ 11:53 am

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=697

Can a notary perform a wedding or marriage?
http://blog.123notary.com/?p=1891

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

Names for Notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

What does it mean to be Fidelity Approved?
http://blog.123notary.com/?p=20049

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

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

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

Where can I find a Spanish speaking notary?
http://blog.123notary.com/?p=18824

Notary Verbiage & Notary Wording
http://blog.123notary.com/?p=18854

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

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can a notary notarize a Will or Living Will?
http://blog.123notary.com/?p=7088

Can a notary sign an out of state Quit Claim Deed?
http://blog.123notary.com/?p=2182

Can a notary be a witness?
http://blog.123notary.com/?p=1273

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

Websites from some of our best Notaries!
http://blog.123notary.com/?p=14677

Can a Virginia Notary notarize in DC or Maryland?
http://blog.123notary.com/?p=18782

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

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

Affidavit of Citizenship
http://blog.123notary.com/?p=18847

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January 14, 2020

Where do you get your Notary information from?

Filed under: Best Practices — admin @ 9:29 am

Carmen tells me regularly how Notaries get information from random sources on the internet or from other Notaries who don’t know what they are doing. This is dangerous. You are legally responsible for the notary work you do. If you do your work wrong, you can get in trouble with your notary division or in trouble with the law. Therefore, it makes sense that you get your information from reliable sources.

NNA and 123notary publish a lot of notary information online. We are generally well informed and well intentioned. But, there are instances when our information is out of date, unclear, misinterpreted, or just plain wrong.

Getting information from Facebook groups, or other Notaries is a horrible idea because I test Notaries, and most of them score about 30% on Notary knowledge. If you are getting your information from others who would probably score 30%, how reliable do you believe their information would be?

Get your information from your State Notary Division. They are legally responsible for publishing information regarding your state’s notary laws, procedures, forms, etc. Even getting information by phone from the notary division is risky, because they could tell you anything. Look for what is in writing for the safest results.

And remember, even the best Notary teachers out there are wrong about one or two things. I know this because I test them and they are not always right on certain hard to understand or nit-picky things (such as credible witnesses for example.) I am sometimes wrong about notary issues as well, although my track record is quite good overall.

So, get your information from the source itself because you could get yourself and others in trouble if you don’t. Additionally, many states have horrible handbooks with very incomplete information about certain topics. In that case, you can refer to other more reliable sources like well established notary organizations which might do a good job explaining some of the less understood notary acts such as Oaths!

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December 13, 2019

Notary Circus

Filed under: Virtual Comedy Themes — Tags: , — admin @ 8:37 pm

Welcome to the Notary Circus!

In ring 1 we have John Quincy, Notary Public. He will be doing a juggling act with not two, not three, but five Notary seals, and embossers. Oh wait, he is throwing two of the seals to his partner Vicky who is not standing on her head while juggling.

Meanwhile in ring 2, we have ten clowns getting into a small car presumably to go to a signing. Oh no, they can’t fit in. The signing will have to be delayed. I hope the borrower will not lose their loan. What a bunch of clowns.’

But, wait, an elephant is entering the scene with smiling Notary riding on top. But, where will this elephant end up? Oh, it is going to the signing and leaving the clowns behind. Personally, I don’t think clowns should do this type of legal support work — it is just too critical. Wait — a little house is being wheeled in with borrowers inside. The elephant is stopping, the notary is dismounting the elephant and is notarizing with a huge oversized notary seal.

The notary finishes the signing, takes a bow. Wait — now, a clown is approaching him with something behind his back — what could it be? Oh! The clown has a pie and throws the pie into the Notary’s face. I bet that clown works for a non-paying signing company, or at least desires to have the same effect on the Notary.

Now, in the back, a notary and signer are walking the tight rope. The notary will do the signing suspended in mid-air. Wish him luck. Fortunately there is a net to save him. We call the net E&O insurance for circus Notaries.

What about the notary freak show? Oh, not a Notary — a signer who doesn’t look at all like his oversized ID. It doesn’t even look like the same person. Here is another notary freak who goes to the signing drunk in shoes that are triple the size they are supposed to be. Oh look, a 9 food tall bearded lady incredible credible witness. I have seen it all folks. That’s all for today.

You might also like:

Notary Fortune Cookie
http://blog.123notary.com/?p=22305

In appropriate things you could do at a signing
http://blog.123notary.com/?p=22562

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