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April 21, 2015

Augmenting your skill set to make more money as an NSA!

Notaries are complaining that there isn’t enough work out there! But, what can these notaries do about it? The answer is that there are many avenues to make extra money without compromising your career as a mobile notary! Here are some ideas:

Get More NSA Certifications
Notaries are all over the boards stating opinions about having more certifications is not necessary and just makes money for those selling the certifications. Even some people who hire notaries don’t care about certifications as they care about skills, not badges. My experience has led me to believe that getting more certifications helps notaries to be more knowledgeable, and also helps them to prove their knowledge. If you rant and rave on the phone about how smart you are, nobody will believe it. But, if you can give smart answers to questions and show your badges, then you get real credibility! Otherwise, just studying up on your skills will help too even though it doesn’t get you a badge!

Reverse Mortgage Training
Signing Refinances is relatively easy. But, there are other specialty loan signings that require additional knowledge. Many people do Reverse Mortgages without any formal training. However, imagine how much more trust you would win if you were one of the few notaries who did have training and experience at it? The more you know…

TEA
The NNA offers a Trusted Enrollment Agent program. Those with TEA designation can do additional tasks that get additional jobs. TEA agents are trained to understand digital certificates which are used heavily in the biopharmaceutical industry. They also are trained to understand how to apply to obtain a digital certificate and do identity-proofing. They must also learn to identify and distinguish between different types of identification documents. Word on the street is that TEA jobs don’t always pay well. But, any designation you can get will help. Personally, I feel there should be a choice between an Earl Gray TEA, and an Oolong TEA.

NNA TEA Program
http://activerain.trulia.com/blogsview/445209/nna-trusted-enrollment-agent-program

123notary notaries share opinions about the TEA Program
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2416

More E&O?
In real life, E&O is mostly a fashion statement. Unfortunately, the more you have, the more you invite law-suits since the Plaintiff will know that they might be able to collect. Fancy clients such as some of the nation’s larger Title companies have higher standards for how much E&O a notary should have. So, how much is enough? The number keeps changing. In 2014, half a million was enough to please the most picky Title companies. But, many notaries preferred to have a million just to be a notch better than the others!

Background Screening
The NNA’s new Certification and Background Screening seem to be very necessary, but not for everyone. More seasoned notaries have told me that they get jobs because people know and trust them. But, for newer notaries, you might be missing out on work if you don’t pass their extensive background screening and testing! If you are serious about this business – just do it!

Inspections
Notaries claim that inspections don’t pay much. But, on the other hand, you can go when you like, take a few pictures, take some quick notes, and leave. It is not nearly as demanding as a loan signing which involves rigid scheduling, difficult borrowers, and tons of documents. If you want to augment your income, I suggest that you at least try out doing inspections. You never know — you might like it!

Weddings (I do)
Florida, South Carolina and Maine allow designated notaries to officiate at weddings. I don’t know if you need to be in the clergy to do this or not, but you can inquire. Many notaries get a lot of extra income doing weddings. Or maybe it is the other way around that Wedding Officiants make additional money being notaries.

Process Serving
Every time we write a blog about how notaries can make more money, process serving is always on the list. This is a slightly dangerous way to make extra money as you are serving court documents to criminals. But, if you have bills to pay, it is worth looking into. You can fit this into your schedule, and we all know that notaries have many holes in their schedule, especially during the beginning of the month!

Fingerprinting
The rules for fingerprinting keep changing. In my day (I’m sounding old) we used FBI fingerprint cards and rolled each finger, and then did flat impressions. If you made a mistake you had to do the entire card all over again. Live Scan became the norm in the early 2000’s. I don’t know what is used these days or how expensive it is to get into this, but many people make a good supplement to their income doing fingerprints. Plus it is fun. You get to meet interesting people and book them!

Hospitals & Jails
Many notaries are intimidated about going to a jail, and are not fond of going to hospitals. Newsflash — there’s money in muck. The desirable notary jobs include doing highly paid signings for Attorneys and $200 loan signings. But, honestly, how often do you get those types of jobs? In real life, the jobs that pay the most are often jail and hospital jobs. You need to read our blog’s hospital and jail signing sections to learn all of our free tips on the subject first. But, you can make $100 plus per assignment doing these less pleasant and more hairy notary jobs.

Being a Birthday Clown
If you choose this route, just don’t forget to completely remove your clown makeup before going to a notary job, otherwise the borrowers might get the wrong impression. “Hi, I’m Bozo the Notary!”

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You might also like:

An easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

Best Marketing resources for Notaries
http://blog.123notary.com/?p=16322

Trusted Enrollment Agent TEA
http://blog.123notary.com/?p=21417

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April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

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Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

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Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

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Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

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What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

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Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

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Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

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There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

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These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (28-30) Beneficial Interest, Negligence, E&O
http://blog.123notary.com/?p=14532

Seal Forgery, it happened to me
http://blog.123notary.com/?p=724

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

What is a venue in a notary certificate?
http://blog.123notary.com/?p=8454

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April 12, 2015

Point (18-24) Notary Competence; Marcy’s Hospital Signing

Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!

The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.

The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!

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Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.

On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.

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Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:

The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.

It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.

The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.

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Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.

New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas

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Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian

(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.

(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.

(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.

(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?

By the way, the name of the person who swears under Oath is the Affiant.

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Here are some other points about certificates

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Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.

Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.

Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.

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Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.

Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!

What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
Many Notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.

What steps are necessary for a Signature by Mark or X?

(1) You need two Subscribing Witnesses who witness the Signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal.
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal.
(6) Keep in mind that this is a very unusual notary procedure and is tricky.

Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses sign the document and the journal. In California, one witness signs the signer’s first name and the other signer signs the signer’s last and middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.

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Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.

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Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514

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

The Signature Affidavit
http://blog.123notary.com/?p=13190

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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April 5, 2015

Point (15) Technical Points; Marcy Attaches a Certificate

Filed under: (2) Technical and Legal — Tags: — admin @ 10:57 am

By now, Marcy had decided to really study her text book well. In this last signing, she narrowly avoided two disasters.

MARCY: Hi, I’m Marcy and I’ll be your signing agent this evening.

RUTH: Thanks for coming Marcy. I’m all ready.

MARCY: The Lender asked me to make sure we include a cashier’s check for $2500 in the package. Do you have the check?

RUTH: Oh, he didn’t remind me. But, I have it somewhere.

MARCY: Let’s take care of the check first, otherwise we’ll forget all about it and you’ll lose your lock.

RUTH: That bad?

MARCY: It’s happened before. I read about it in my course and I’m not making any careless mistakes.

RUTH: Here it is.

MARCY: Okay, the course says to staple it to an eight and a half by eleven paper and put it on the top of the stack of documents in the FedEx so the first person to open the package will immediately see it and hand it over to the correct person… Done! I’m putting it in the package, but at a 90 degree angle so I’ll see it. That way I won’t forget to make sure it’s first in line after we add all of the other documents we’re signing tonight.

RUTH: Boy, aren’t you careful?

MARCY: Well, you’d understand if you knew how many mistakes notaries often make in this industry.

(10 minutes later)

RUTH: Okay, I’ve initialed all of the pages of this Deed of Trust. Now, you need to notarize it, right?

MARCY: Correct… (stamps the document) Oooh! That came out smudgy. I better do it again.

RUTH: It looks fine. I wouldn’t worry about it.

MARCY: The Deed of Trust is a recorded document, and that means that it goes to the county clerk’s office. Some of the clerks are picky, and they have the right to reject a smudgy seal which might cause the loan to not go through on time. So, I need to attach a loose certificate and make sure my stamp comes out clearly… Perfect.

RUTH: You certainly dot your i’s and cross your t’s!

MARCY: If I didn’t, you would lose your loan.

(a day later)

LENDER: Marcy, I noticed you crossed out your Notary seal on the Deed of Trust. Why did you do that? That looks very sloppy.

MARCY: Quite to the contrary, the seal was smudged, and the county recorder would be unlikely to record such a document which is why I attached a lose certificate.

LENDER: But, did you have to staple it on? It is very difficult to disconnect — and messy.

MARCY: Legally I am required to attach the certificate. Completing loose certificates that are stamped is illegal because they can easily be used for fraud by being attached to a different document; So by un-stapling my work, you are leaving yourself open to looking very questionable.

LENDER: But, we always do that.

MARCY: Well, you are at liberty to do what you like, but I am not at liberty to break my state Notary laws! If the Lender had the certificate wording on a separate piece of paper without a page number, it would be removable so that nobody would have to see the cross out should there be an error, and once in a while there are stamping errors. Notary seals are not always clear the first time.

LENDER: Isn’t there a better way to do this?

MARCY: If you want your loan to go through, and for it to go through legally, then no — there is no other way to do this.

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Point (15) A handful of technical points
These technical points fall into the category of signing agent knowledge and are generally above and beyond purely Notary knowledge. Being an expert at these points will make you a much more impressive signer.

Checks in Packages
If you are sending a cashier’s check in a package, please note that these get lost much more frequently than you might think and the borrower’s loan will be delayed if this happens. These checks are for high dollar values, so make sure they don’t get lost between all of the many hands that will touch this loan package.

Staple the check to a 8.5 x 11 piece of paper, and put this paper at the front of the loan package so that whomever opens it (generally a secretary) will see it immediately and notify the person in charge of the loan. If you put the check in the middle of the documents, the check will not get seen right away, and there could be a delay. If you don’t staple the check, it will likely get lost in the shuffle.

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County Recorder Rejections
If you make a mistake on a recorded document, the county recorder can reject the document which could slow down the loan processing time. The borrower might even lose their lock which would be very costly. Take extra care when notarizing recorded documents. Which documents are recorded?

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Dates
What is the difference between a Document Date, Signature Date, Transaction Date, Rescission Date and a Notarization Date?
The document date is a random arbitrarily picked date that is often subscribed in the document. It is often the same date the document is signed, or perhaps drafted. The signature date is the date a document is signed. Of course, if there is more than one signer, there would be more than one signature dates. A Notarization date is the date a document was notarized. Legally, a document can be Acknolwedged more than once though! A transaction date is the date that a document is signed. A Rescission date is the last day to rescind. There, you have five dates to remember!

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eDocuments, eSignings, and eNotarizations
eDocuments are documents sent by email to the Notary to be printed out. eSignings are signings done on a laptop with the borrower doing digital signatures on a signature pad — but, with hardcopy regular notarizations using a paper journal. eNotarization are Notarizations where the notarization uses a digital seal and digital journal.

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The Prepayment Penalty
The Prepayment Penalty could be mentioned in any of these four documents, or perhaps even more. The Truth in Lending says you will, won’t or may have a prepayment penalty. The HUD may reference the prepayment penalty as well. But, the two documents that offer the most thorough information on the prepayment penalty are The Note (which every loan has) and the Prepayment Rider which is only included in a handful of loans that have complicated prepenalty agreements.

Most Notaries we talk to do not know the best place to look for thorough information on the prepayment penalty. They usually want to source the TIL, but this is wrong. Try to be a little more familiar with these very basic loan concepts as your borrowers will be more impressed with you if you do.

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Recorded Documents
Here are various types of recorded documents sorted into categories.

Deeds: Deed of Trust, Riders to Deed, Quit Claim Deed, Grant Deed, Inter-spousal Grant Deed, Warrantee Deed

Title Docs: Subordination Agreement, Mortgage

Legal Docs: Affidavit of Trustee, Power of Attorney (sometimes recorded), some states record the Note although most don’t.

Lien Docs:Judgment Liens, Unsecured Tax Liens, Revenue & Recovery Liens

Other:Addendum, Condo Homeowners Approval, Tax Certificate, Affidavit of Continuous Marriage (state specific)

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Commonly Notarized Documents in Loan Packages
Most packages will have certain documents to be notarized such as a Deed of Trust or Mortgage in all loans. It is also common to notarize other documents such as a Signature Affidavit, Occupancy Affidavit, Correction Agreement Limited Power of Attorney, Subordination Agreements, Grant, Warranty or Quitclaim Deeds, certain Riders, Identity Affidavit, and more.

Spousal Signatures
If a spouse is not on the loan, the documents they sign might vary from state to state and lender to lender, but these documents are typical documents that they need to sign:.
(a) The Deed of Trust and accompanying Riders if any.
(b) Grant Deeds and/or Quit Claim Deeds if someone’s name is being removed from Title.
(c) The Right to Cancel if the spouse is residing in the property.

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Trusts
Notarizing Trusts is not brain surgery. However, when people sign with a capacity, it is common to sign their name, a comma, and then their capacity. Al Smith, as Attorney in Fact for Joe the Plumber. You are only notarizing Al Smith, but the additional information is sometimes helpful or critical. As a general rule, unless the document custodian wishes otherwise, You should have trustees sign as trustees: John Doe, as Trustee.

Then, there are Living Trusts which are instructions for what to do if a signer is incapacitated. These are usually long documents drafted by an Attorney that can be more than forty pages long in many cases. Living Trusts are quite different than regular Trust Documents and Wills.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (16) Initialing
http://blog.123notary.com/?p=14463

Don’t put the FedEx in the drop box if there is a check in the package
http://blog.123notary.com/?p=2831

Spousal Signature Requirements
http://www.123notary.com/forum/topic.asp?TOPIC_ID=244

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March 22, 2015

Point (13) Call The Lender? Finding the Prepayment Penalty

Marcy had been studying up. She didn’t want to make a fool of herself anymore. She went to her next signing prepared.

MARCY: Hi, I’m Marcy, and I’ll be your Signing Agent tonight.

GLORIA: Oh wonderful. It is so nice to see a well prepared Notary.

MARCY: We can start here with the Deed of Trust and I’ll explain the documents as we go along unless you want to start with the HUD and work our way back.

GLORIA: Oh, very sophisticated. You sound like one of those really experienced Notaries who has signed 3000+ loans and advertises on 123notary.com.

MARCY: Well, I’ve signed about 20 by now, and I’m only 2980 short of 3000. I am working on the 123notary course, but haven’t finished it yet, but I’m almost there.

GLORIA: Great. The Deed is fine, the Note is fine, now, why is my APR higher than my Rate in my Note?

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

GLORIA: Wow, very professional. You are even better prepared than the notaries who signed 3000 loans. They just told me, “It is the cost of the loan expressed as a percentage rate.” Your answer was so professional.

MARCY: I spent two hours memorizing it and I practice daily so I won’t look like a fool.

GLORIA: Oh, no, you don’t. I’m going to tell your boss that you are the best Notary I’ve ever had, and we refinance every five years. Now, where is my prepayment penalty?

MARCY: Oh, just look on the Truth in Lending.

GLORIA: Okay… It says that I will, won’t or might have a prepayment penalty. I’ve gotten more decisive answers from a magic 8 ball. Can you do any better than this?

MARCY: Oh, hmm. I thought it was there. Do you want to call the Lender?

GLORIA: Sorry to lecture you after I complimented you, but aren’t YOU supposed to know this?

MARCY: We could call the magic 8 ball? Better yet, let’s call the Lender.

(ring-ring)

FRANK: Yeah, Frank here.

MARCY: You are the first Lender in human history to actually answer his phone.

FRANK: Glad to be of help.

MARCY: Your customer wants to know what the terms of her prepayment penalty would be.

FRANK: You mean my BORROWER. Never call them customers. Gloria DiStefano. She doesn’t have one.

MARCY: Where is that documented – In the Prepayment Rider?

FRANK: No, if there is no prepayment penalty, then there definitely won’t be a rider. Check the Note. Anything else?

MARCY: We’re good. That was fast. 45 seconds exactly not that I’m counting.

GLORIA: I’m on it. I thought we went over the Note. I guess I skimmed it too fast. Here it is. It says I don’t have a prepayment penalty. Great. I’ll pay the whole thing off tomorrow. That was easy.

MARCY: Sorry, I’ll study harder. But, I am doing so much better than three weeks ago when I first started. I hadn’t a clue then, but now I get most of the questions correct.

GLORIA: That’s good, but you need to get ALL of the questions correctly and handle all situations like a pro if you want my business!

MARCY: Sadly, you are right. I’ll finish my course and review it regularly. I might even take a few other courses too.

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Point (13) Calling the Lender
Notaries are often confused about when to call the Lender. Some Notaries are over-confident and never want to call the Lender while other Notaries call whenever the borrower sneezes. A high quality Notary knows when to call the Lender and when not to bother the Lender. You have to understand many of the common situations that arise when you have a small problem. If you call the Lender, leave a message, and wait 20 minutes and then call again. Call other entities related to the loan too if you can, such as the Signing Company, Escrow, Title, etc. If the Lender does answer, the borrower might talk to them for 45 minutes while you are running late to an appointment. You will save a lot of time and aggravation if you ONLY call the Lender when you absolutely need to.

The 1003
The 1003 Universal Residential Loan Application is the one document that is universally wrong. There are always mistakes on everybody’s 1003. I’m not sure if there is a law requiring it to always be wrong, but it seems like there is some sort of cosmic law mandating that. Since the 1003, and the Good Faith Estimate are not final documents, don’t worry too much about it. Just make sure that the HUD Settlement Statement is correct, otherwise you’ll have to redraw your loan!

The APR
Many borrowers ask why the APR is higher than the Rate. If you study and rehearse explaining the APR, you can save yourself the time and aggravation of calling the Lender only to find out they are not able to answer their phone. The borrower will feel a lot better, and you will have one less problem at your signing.

The Prepayment Penalty
Borrowers ask about their Prepayment Penalty all the time. Look for it either in the Note, or the Prepayment Rider if there is one (and once in a while there is) The borrower can read the terms themselves instead of being frustrated that they can’t find it.

Letter of Instructions
Consult the letter of instructions before beginning any loan. That way you will know what to do if there is a problem. There might even be phone numbers in the instructions.

Specific Questions
If a borrower asks a question that is specific to their loan, call the lender. If they ask a general question about what information is in what loan document, you should know. Study up!

The RTC
What if the borrower signs in the wrong place on the Right to Cancel? Just go to the borrowers’ copies and get a fresh copy. You just saved yourself a lengthy discussion with the Lender.

Errors on Certificates
If there is an error on a Notary certificate, this is purely for the Notary to resolve. Don’t get the Lender involved in your job as you should know your job.

When is my first payment due?
Look in the TIL, HUD, Payment Coupon, but don’t call the Lender unless you have to.

Power of Attorney Signings
Call the Lender regardless. Even if you know exactly how to sign, call the Lender to confirm. Power of Attorney signings are rejected 70% of the time in my experience even if they are done correctly.

If the names printed on the documents are spelled wrong
If there are any problems with names of signers on the documents, you should call the Lender. If the ID doesn’t match the borrower’s name printed on the document, you have a problem. The Lender might not care about what Notary law says, but does want to get the loan signed. If the signer is not comfortable signing the way their name is typed on the document, the loan will probably not fund otherwise, but you can call the Lender or read our section about the Signature Affidavit.

Missing docs or docs the borrower won’t sign
If you are missing any of the loan documents that normally appear in a package, sign the ones that are there, send them back, and call the Lender immediately upon discovery that you are missing a document. Or, if a borrower won’t sign a particular document, call the Lender. You can send it back unsigned at the top of the stack. Or, if the borrower wants to keep it and send it back after talking to the Lender, that is another common option.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (14) Explain or Don’t Explain
http://blog.123notary.com/?p=14440

Industry standards in the Notary business
http://blog.123notary.com/?p=4370

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Point (12) Cross-Outs; Marcy & The Flood Affidavit

Filed under: Loan Signing 101 — Tags: — admin @ 10:06 am

Our friend Marcy is very flustered by now. Everything she does is just plain wrong. But, she has no other way to make a living, so she just continues to, as her friend puts it, “Go out there!”

MARCY: Hi, I’m Marcy, and I’ll be your Notary tonight.

SALLY: Thanks for coming Marcy. Let’s get this signing started.

MARCY: Sounds like a song the way you say it.

SALLY: I listen to a lot of music. I’ve looked over the documents, and everything looks good except for the Flood Affidavit. I refuse to sign this no matter what.

MARCY: Oh boy. I’ll call the Lender. (ring-ring) Nobody answers. I’ll leave a message. “Hi, this is Marcy the Notary for the Rodriguez Signing. Sally Rodriguez is refusing to sign the Flood Affidavit.

SALLY: And one more thing. I don’t like one of the names in the Name Affidavit.

MARCY: Well, in my first Signing Agent course it teaches us to just cross-out any wrong information. Not sure what my second course says as I am only half-way through reading it.

SALLY: How reassuring. I hope it was not the part that was crossed out. I’ll just cross it out.

MARCY: Great. I’ll send these documents back with a note.

Marcy made several more mistakes here. Her self-esteem must be zero right now. Poor Marcy. But, it is her fault for not studying more! First, she did not put the unsigned flood affidavit on the TOP of the package. It was not found until after it was too late. Sally lost her lock as a result and had to pay an extra half a percent interest which cost her $20,000 over the life of the loan. This is partly Sally’s fault for refusing to sign, but partly Marcy’s fault for not putting the note on the top of the package with the document, so whoever opened the package would know there was a problem right away.

The second mistake Marcy made was allowing a cross-out. As a general rule, you cannot make cross-outs on documents. On Notary Certificates you can cross-out, although recorders don’t like it and might reject a Deed with a cross-out. But, on Legal documents crossing something out is as good as shredding the entire document in most cases. White-out is even worst — never use white-out no matter what.

However, there are times when Notaries can and should use cross-outs, so read the text!

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Point (12) Cross-Outs

Notaries are often too happy to cross-out and initial.
Some signing courses teach notaries to cross-out anything which is wrong and have the borrower initial. There are many Lenders (Provident Title being the most famous) that will not allow any cross-outs on any documents no matter what. You will ruin the loan by crossing anything out. So, ask your contact person for permission to cross anything out. If a contact person is not available, read the LETTER OF INSTRUCTIONS. In any case, cross-outs should be done as a last resort if done at all. If the signer won’t sign the document in any case, and you can not find out if the lender will permit them, maybe it is worth the risk to cross something out, if the signer will at least sign the document.

Wrong Names?
If a signer needs to sign his name differently than typed (with permission of the Lender) do NOT cross anything out. The processor will make the necessary changes, just sign as instructed.

The RTC
If the dates are wrong on the right to cancel and there are no borrowers’ copies with the dates left blank, you can cross-out and have the borrowers initial the change in dates. If the borrower signs where it says, “I wish to cancel” and there is no borrower copy, you might be forced to cross-out and have the borrower initial, and hope for the best as there is no other alternative.

Acknowledgment & Jurat Certificates
If a date or county is wrong in a Notary Certificate, it is better to start with a fresh certificate. But, if it is not possible or permitted by the Lender to use a new certificate, you are forced to cross-out and initial. On certificates it is the Notary, not the borrowers, who does the initialing.

County Recorders
The County Clerk is likely to reject a notarization if there are cross-outs in the notary section. For Deeds, be extra careful not to have any smudgy seals, cross-outs, or anything else wrong. Each County Clerk is different and some are pickier than others. As for those who insist on calling a tomato a fruit, don’t even get me started!

The 1003
Borrowers can usually get away with cross-outs on the 1003 as this is not a final document in the loan process. It is still unadvisable to cross things out as the Lender might reject the loan. Lenders often want to sell loans, and if there is anything wrong, then the 3rd party buyer might decline not only that loan, but all of the loans in the package from that particular Lender. So, try to avoid making a mess.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (13) Call The Lender?
http://blog.123notary.com/?p=14421

Cross-out and initial?
http://blog.123notary.com/?tag=cross-out-initial

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Common mistakes on 1003 and crossing out, RTC, TIL & APR
http://blog.123notary.com/?p=4553

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March 15, 2015

Point (11) Following Directions; Why Marcy Wouldn’t Make a Good GPS

Filed under: (2) Technical and Legal — Tags: — admin @ 12:23 am

Marcy’s Failure in Following Directions

Alternate Title: Why Marcy Wouldn’t Make a Good GPS; She Can’t Follow Directions!

Marcy yet again had another signing before she had finished her course. She knew it all now though. She found out what she had done wrong with the signature affidavit after calling Carmen. She knew not to have drinks on the table. She knew that the 1003 was always wrong. And she knew that Lenders always answer the phone, except during the critical moment when a borrower has a problem at the signing. So, what else could possibly go wrong?

MARCY: I keep making mistakes.

CLAUDIA: Well, I’m your friend, and I’m telling you — you’re going to just go out there, and keep working. You’ll get there.

MARCY: Thanks for the support. Without you I’d just sit home and mope. But, I probably wouldn’t get thrown in jail either.

CLAUDIA: You won’t get thrown in jail. Sued maybe, but not thrown in jail.

MARCY: Thanks… I’m going now… and I’ve learned my lesson the hard way for the third time now.

(at the signing)

MARCY: Hi, I’m Marcy, and I’ll be your notary for the evening.

CYNTHIA: Thanks for coming. Have you done this before? The last notary they sent had no experience.

MARCY: Well, I’ve done a few now, and I owe it all to my friend Claudia.

CYNTHIA: Oh good. So, you know what to watch out for.

MARCY: Yup. Take that glass of water OFF the table. That’s the worst thing to watch out for.

CYNTHIA: Okay, let me sign right here.

MARCY: You just cancelled your loan.

CYNTHIA: I did?

MARCY: Yes.. but, since I did my homework, I know what to do. I am going to go into your borrowers’ copies and get you a fresh Right to Cancel. Please sign right here. I’ll put my hand over where you are not supposed to sign so we don’t ruin this loan like the last.

CYNTHIA: The last?

MARCY: Well, the names didn’t match up and the Lender wasn’t answering his phone.

CYNTHIA: Oh, how confidence-inspiring. But, so far you have saved me from two huge blunders. Thanks!

(later on)

CYNTHIA: We are all done with the package except for this last document. The automatic payment disclosure. But, I won’t sign it without talking to my Lender. What now?

MARCY: Okay, let’s call. (ring-ring) As usual he isn’t there. Oh well. We can send in the rest of the paperwork and then send this one in once you’ve talked to the Lender.

CYNTHIA: I’m not sending anything in.

Marcy overlooked to read the loan instructions. To make this story interesting, Marcy was instructed to call Title, The Signing Company, Escrow, and the Lender if anything went wrong during the signing. She was to call all four numbers. If she had, the Escrow agent always worked late and had alternate numbers for the Lender. Additionally, she could answer even the most difficult questions about the automatic payment disclosure since she was an expert at the topic. But, once again Marcy screwed up. She didn’t follow directions. She didn’t even read it. What if the directions had told her to sign in green ink? How would she know if she didn’t read. Fortunately, this blunder didn’t cost the borrower her loan, and it was the borrower’s fault for being stubborn about sending in the documents. Marcy was only lightly reprimanded for this error.

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Point (11) Following Directions

Notaries are expected to follow directions. (But male Notaries will never ask for directions.) However, each signing company and each Lender wants something different. It can be hard to keep track of each person’s unique instructions. But, you can get fired if you don’t. So pay attention!

Example (a)
Chad was assigned to sign a loan. He was instructed to call the Lender if anything went wrong. The signer didn’t want to sign with their middle initial Z. So, Chad called the signing company and they said the borrower didn’t have to use the Z. So, they signed the loan and sent it back. Chad got fired the next day. Why? Because he was instructed to call the Lender if there was trouble, and nobody else. Chad didn’t follow directions. He insisted, “But, I always call the signing company if something goes wrong.” Don’t do what you always do, do what you are asked to do!

Example (b)
On another loan, Chad was instructed to use blue ink. Since the signing company expected Chad to not follow directions unless they put it in his face, they taped several blue pens to the first page of the loan package. It was blatantly obvious that they wanted the loan signed in blue, because it was for a Florida property. This time Chad followed directions.

Example (c)
In our next example, Chad was instructed to leave a message for the Lender if anything went wrong during the signing.
Chad did a signing for Alex. The signing went well except that Alex didn’t like the HUD. Chad tried to call the Lender that night, but the Lender didn’t answer. So, Chad had Alex sign it anyway, and Chad held on to the documents so that he could reach the Lender the next day. The documents never arrived on time and Alex lost his loan. What did Chad do wrong?

Chad was supposed to leave a message. However, Chad only called the Lender, and gave up when the Lender didn’t answer. Chad never actually left a message. The next thing Chad did wrong was to hold the HUD. If Alex didn’t like the HUD, Alex should hold on to it, not the Notary. Next, Chad should have sent the documents that were signed back to the Lender or Title without delay. Chad forgot to call the Lender the next day because he had eight signings, and the documents never got back on time. The moral of the story is to follow directions to a T and to get the documents back on time.

Example (d)
Korey hires a notary to do a signing for Joe Shmoe. Korey tells the Chad notary that if there is a problem, the notary should call him, and only him, at this one number — otherwise the notary is fired. The notary goes to the signing and finds out that the borrower is named as a seller in the XYZ document. The notary calls Korey and gets, “Hi, this is Korey, I am not here right now…”.

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Q. What should the notary do now?
(a) Convince the borrower to sign and explain the right to cancel
(b) Tell the borrower that if he doesn’t sign, he won’t get his loan
(c) Cancel the signing
(d) Continue the signing
(e) Leave a message
(f) Call the Title Company
(g) Call the signing company

Only 10% get this question correct. The correct answer is to leave a message. You were not instructed to do anything other than that. After you leave a message, you might consider the other options, but leave a message first as that is what you were instructed to do.

Example (e)
The signing company tells Chad to go to the signing and call them when he is parked outside the house. So, Chad goes to the house, parks, goes inside, sits down at the dining room table, and then calls the signing company. Chad didn’t listen!

Example (f)
A Notary’s seal didn’t come out clearly. Title calls him and asks him to send a loose certificate in the mail. The Notary refuses. Did the Notary fail to follow instructions? The answer is that the Notary is obeying a higher authority which is the Secretary of State, which in most states if not all states, forbids Notaries from sending loose certificates that are not stapled to the original document as they might be used for fraud. However, the Notary could request that the original document & certificate be returned to him. The Notary could then destroy the original certificate (by shredding perhaps) and then create another certificate, staple it and send it back without seeing the signer. This would be legal as the certificate section is not required by law to be completed at the time of the notarization, and because the original was destroyed leaving only one certificate per notarization.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (12) Cross-Outs
http://blog.123notary.com/?p=14406

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August 29, 2014

Notary Information for Beginners – Best Posts

————————————
General
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What is a Notary Public?
http://blog.123notary.com/?p=6498

What makes a mobile notary a mobile notary?
http://blog.123notary.com/?p=8302

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Everything you need to know about journals
http://blog.123notary.com/?p=70

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

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

—————————————
Become a Notary
————————————–

Notary Oath of Office information
http://blog.123notary.com/?p=2545

——————————
Notary Acts
——————————

What is a Jurat?
http://blog.123notary.com/?p=6937

Everything you need to know about Acknowledgments!
http://blog.123notary.com/?p=1199

Optional info on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

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

Interesting and uncommon notary acts
http://blog.123notary.com/?p=483

———————————
Additional Info
———————————

Industry standards in the notary business
http://blog.123notary.com/?p=4370

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

Which states allow e-notarizations?
http://blog.123notary.com/?p=2528

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

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November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

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November 11, 2013

Affidavits — What do you need to know?

BLOG: Affidavits

What is an Affidavit?
An Affidavit is generally a document that has an accompanying Sworn Oath. The person who swears under Oath is the Affiant or Deponent. The person giving the Oath could be a Notary Public, Justice of the Peace, Court Recorder, Commissioner of Oaths, Judge, or other type of official who has the authorization and capacity to give Sworn Oaths.

What types of Affidavits are there?
There are many types of Affidavits. Many are for business. There are various types of Affidavits used in loan signings such as Signature Affidavits, and Occupancy Affidavits. A Financial Status Affidavit is also common in loan signings. For people who want to be able to come to the United States, sometimes it is necessary for a relative or loved one to sign an Affidavit of Support. Many people who lost their passports and can’t find their Birth Certificates sign and swear to an Affidavit of Citizenship.

There are many other types of Affidavits as well!
Jurats commonly have an attestation clause at the end certifying the fact that the affiant made an Oath and the date and signatures.

Other common types of Affidavits:
Affidavit of Heirship, Affidavit of Residence, Affidavit of Name Change, Affidavit of Service, Financial Affidavit, Affidavfit of Domicile, Affidavit of Death, ID Theft Affidavit.

What types of wording can you use in an Affidavit?
You can word an Affidavit any way you like, but if it is to be used as a legal document, please consult an Attorney. Additionally, please do not ask a notary public to draft documents, because many states have restrictions as to what a notary public is allowed to do, especially if it borders on what Attorneys typically do.

How do I get an Affidavit notarized?
Please find a notary on 123notary.com! We have 7000 mobile notaries throughout the nation waiting to help you. Just visit our find a notary page in the navigation bar above!

You might also like:

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

Notarizing a Name Affidavit
http://blog.123notary.com/?p=4711

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