You searched for credible witnesses - Page 7 of 10 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

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

January 28, 2012

Information about various notary procedures

Filed under: Technical & Legal — Tags: , , , , , , , , — admin @ 9:14 am

This blog entry will contain links to information about various notary procedures.

Credible witness notary procedure
Credible Witnesses from A to Z
 
General notary public procedure
There are various types of notary acts which are common such as Jurats, Acknowledgments, Oaths, and Affidavits.  Please click on the link of the notary act you are interested in.
 
Jail signing Procedures
Jail signings are not that different from other signings except for the fact that inmates typically do not have identification that is acceptable to notaries.  The next difference is that the person who coordinates the jail signing and meets the notary at the jail is generally a relative, girlfriend, or attorney for the inmate, where most notary jobs are booked by the signer themselves.  It is possible that inmates could be moved from jail to jail which is another issue. Please read out blog about jail signings.
 
Notarized Affidavit Procedure
An affidavit is a document like any other, and it is generally notarized using a Jurat which requires the signer to sign in the presence of the notary, and for the signer to swear under oath that the contents of the statement / document are true and correct and perhaps that they will abide by the terms in the agreement. Please read our entry about Notarized Affidavits. 
 

Notary Witness Procedure
Notaries can act as witnesses in their capacity as individuals.  Please see our blog entry entitled,”can a notary be a witness“.  Notaries can notarize signatures of witnesses, and can also use credible witnesses to identify a signer in many states. In addition, there is such a thing as subscribing witnesses for proofs of execution and for signing by x.
 
Procedure for notary by mark
Please see our blog entry about signing by x
 
Procedure for Affidavit of Support
Please see our blog entry about Affidavits of Support. In short this is notarized like any other affidavit and uses a Jurat which requires the signer to sign in the presence of the notary and take an Oath regarding the truthfulness of the document and their willingness to abide by the terms stipulated in the document.

You might also like:

Notary Procedure for Affidavit of Support Documents
http://blog.123notary.com/?p=1421

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

Share
>

January 17, 2012

How to fix notary mistakes

Filed under: Notary Mistakes,Technical & Legal — Tags: , , , , — admin @ 10:16 pm

How to fix notary mistakes 

Notaries often make mistakes.  Many make notary mistakes due to lack of education and lack of skill.  Those notaries will not likely catch their mistakes, and will not understand if others point out their mistakes. However, a knowledgeable notary public, will be likely to catch their own mistakes.
 
The point of having notaries in society is to have some sort of record keeping for the signing of documents, and the identifying of signers.  The notary hopefully keeps a journal (required in most states), and also fills out certificate sections, or attaches certificate forms to documents.
 
So, most notary mistakes that could be made would likely be in the journal, or certificate area.  If there is a mistake on the journal, it might be that the notary didn’t properly indicate what type of document was being notarized, or left out some critical documentation information.  Or, the signer might have “forgotten” to sign the journal which is much more serious.  If a signer forgets to sign, the notary can try to call the signer and have them come and sign the journal, or the notary can go to them.  An experienced notary wouldn’t let such a thing happen, but if there is a lot of confusion and people are in a hurry, then something could go wrong.
 
If there is a mistake in the notary certificate, then a new certificate can be made without seeing the signer, providing that the old certificate is destroyed.  You can not legally have two certificates for the same document for the same signer — unless there are two journal entries for the same signature by the same person on the same document which is very fishy indeed!
 
What about forgetting to administer an Oath to credible witnesses, or forgetting to administer an Oath for a Jurat?  In such a case, first of all, the notary could lose their commission or be fined by their state government for such a blatant infraction of notary law!  But, the notary could try to find the affiant and try to make them take their Oath after the fact.  Better late than never. I don’t think that makes it “okay”, but is better than nothing.

You might also like:

Fixing Botched Signings
http://blog.123notary.com/?p=1246

Rude notaries and what they do
http://blog.123notary.com/?p=2198

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

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

Common complaints we get about Notaries
http://blog.123notary.com/?p=19399

Cross-outs as taught in the 30 point courses
http://blog.123notary.com/?p=14406

Share
>

November 19, 2011

How do I fill out a Notary Journal Entry?

Filed under: Journals,SEO,Technical & Legal,Ultra-Popular — Tags: , , , , , — admin @ 12:56 am

How do I fill out a journal entry?
 
Please keep in mind that rules and standards for notary procedures can vary from state to state across the United States.  As a general rule, there are certain areas of confusion that we want to make it a point to clarify.
 
Q. Do I need to have a separate journal entry for each signature that I notarize? 
A. Yes!  Imagine that you are notarizing signatures on a set of loan documents.  Let’s say that there are four documents to be notarized and both husband and wife need to sign each one — you have eight notarized signatures and eight journal entries. 
One journal entry per notarized signature.
 
Q. Does each journal entry need to be signed?
A. Yes!  The individual whose signature you are notarizing needs to sign the corresponding journal entry.
 
Q.  What about thumbprints? Do I need to take a thumbprint?
A.  Sometimes!  For Deeds and Power of Attorney documents in California, you must take a thumbprint.  For other states, there are different standards, but it is always better to have a journal thumbprint just so you can be 100% sure of the signers identity.  ID’s can be forged, but thumbprints of a live person in front of you can not be forged!
 
Q.  What goes in a notary journal entry?
Date &Time,
Type of notarization (i.e. acknowledgment, jurat, oath, affirmation, protest, etc.)
Name of the document being notarized (i.e. affidavit, deed of trust, occupancy affidavit, etc.)
Document date (documents don’t always have a document date, but if you have 20 documents called “affidavit”, you need to distinguish them somehow and a date might help)
Name and address of signer
Identification of signer
Additional notes
Signature of the signer
Thumbprint of the signer (optional in many states)
 
Q.  What if I’m doing a signing that starts at 11:55pm and ends at 12:05am the next day, what date do I use?
A.  You can use either day, but I would date the notary act at the exact time that the signer signs your journal since that is a definitive POINT in time, rather than a range of time.  Some notary acts allow the signer to sign the document BEFORE they see the notary making the document signing a poor choice for a definitive point in time to date the transaction.
 
Q.  Can I make recommendations for what type of notarizations the signers should get since I know more than them?
A.  No! That is considered giving legal advice  (unauthorized practice of law) in many states. Let them choose on their own, although you can tell them what is “normal” as well as explaining the characteristics of each type of notary act in your state.
 
Q. What if many documents I am notarizing all have the same name?
A. It is good to distinguish documents by other characteristics. If you have 20 Grant Deeds to be notarized by the same signer on the same day, you can note the property addresses indicated on the Grant Deed to distinguish which document you were really notarizing. Otherwise, if you ever go to court, you will not be able to tell the judge if you notarized a particular Grant Deed for that particular signer. Imagine what would happen if he did a 21st Grant Deed after you left and forged your seal on the certificate section and claimed that you notarized it.  If your journal doesn’t describe EXACTLY which documents were notarized, you can get duped by a sophisticated fraud!
 
Q.  Name and address of signer, do I have to write this for each entry?
A.  You can write the name and address of a particular signer, and then draw an arrow down for all documents with that person’s signature being notarized. Each document gets it’s own journal entry per signer.  If you have Joe signing four documents and Sally signing four documents, make sure the journal entries for Joe are all sequential so that they will be consecutive and all in the same place.  Then below those entries you can write Sally’s name and address and a separate entry for all of her documents that she is signing.  Example: Lets say your journal page has eight entries.  Entry 1, 2, 3, and 4 would be for Joe. Joes name and address would be on the first entry along with a particular document name and other information.  For entry 2, 3, and 4, you would see different document names, and an arrow indicating that the signer was still Joe and that his information was the same.  Journal entries 5, 6, 7, 8 would be for Sally and her information would go on entry 5 along with a particular document’s name, and then 6, 7, 8 would have document names and an arrow in the name/address field to indicate that it is still Sally who is the signer.  Make sure Joe signs all four of his entries, and that Sally signs for all four of her entries, otherwise you get in trouble if audited.
 
Q.  How do I identify a signer?
A. Rules are different from state to state.  Some states allow a notary to personally know a signer to constitute being positively identified.  Others allow credible witnesses.  All states allow a signer to be identified through the use of current identity documents such as drivers licenses, passports, state identification cards, etc.  The documents (cards) must have a photo, signature, physical description, name, address, expiration date, and serial number to be acceptable.  Some states allow a card to be used for a grace period after it expires.  If your state allows the card to be used five years after it’s issue date, then you need to be able to read the code on the card to figure out when it was issued.
 
Q. Additional notes — what is that for?
A.  If you use credible witnesses, you document their signatures and other information in the additional notes section.  If you want to document unusual situations, or unusual characteristics of the signers, that is the place to put it.  If you are ever called to court, the information in your journal is the ONLY way you will remember the signing in many cases, especially if you do four signings per day over a course of 12 years.  Example: “The male signer Joe looked like a walrus.Sally had a squeeky voice and seemed nervous.”
 
Q.  Signature area – who signs in the signature area?
A.  The signer of a particular document signs in the signature area (not the notary).  Only one signature per journal entry.  If two people are signing the same document, just create a new journal entry for the second signer with the same document name.  This is not rocket science!
 
Q.  Thumbprint area – do I need to have a thumbprint?
A.  Please educate you on your state law. Some states require thumbprints for particular documents and others don’t.  It is better to have a thumbprint just in case you are called into court.  Your court case might be faster (or not happen at all) if you have proof of the identity of the signer such as a thumbprint.

You might also like:

Index of posts about journals
http://blog.123notary.com/?p=20272

Rude Notaries!

Share
>

November 18, 2011

Notarizing multi-page documents

Filed under: Loan Signing 101,SEO,Signing Tips,Ultra-Popular — Tags: , , , , , , , , , — admin @ 12:32 am

Issues with Notarizing Multipage Documents / Documents with multiple pages
 
Most notaries can barely function doing the simplest of simple notary jobs.  When confronted with anything harder than doing a simple Acknowledgment or Jurat signing where the signer has acceptable identification and can easily sign — will throw most notaries off guard. There are many situations where you need credible witnesses, subscribing witnesses, have a power of attorney signing, attorney in fact signing, or other issue which can become a snag to many notaries.  Multi-page documents (documents with multiple pages) seem easy to notarize, but are they really? There are issues, but is the notary you erroneously hired aware of these issues?
 
Page swapping after the fact
Most notaries think they are there to notarize signatures on documents, and that is it.  The bigger function of a notary is fraud deterance, and to identify the signer.  If a notary does the minimum of what their job description requires, they might be acting within the law, but are they really being helpful to their clients, or to society as a whole?  If a notary notarizes a ten page document or multiple page document, and the document custodian (whomever is in charge of the document after it is signed) decides that page four needs to be edited, then what? 
 
In some circumstances a corrupted signer or document custodian will substitute page four with a newly written page four.  He/she/they will unstaple the document, hopefully as cleanly as possible, remove page four, and add another very similar looking page four, and hope nobody notices.  If there are two signers to the document and both have a copy, then there is evidence of tampering, but what if you don’t have copies, or you lost your copies.  There is no way to prove that the document was tampered with other than the faulty looking stapling job which would make any judge say, “hmmmm” and raise his eyebrows (judges often have bushy eyebrows by the way).  
 
Should you have the notary come back?
One signer asked me to kindly give them a new notary certificate for the new page they were adding to an already notarized document. I told them that documents are notarized as a whole and that if you change even one word, that the whole thing needs to be re-notarized.  They didn’t like that since they had already paid a travel fee. I made them redraw the signature page too, since I wanted fresh signatures which reflected the fact that they were signing in agreement to the whole document.  All of my prudent behavior aroused tremendous resistance, “oh come on’s”, and other complaining. The law is the law.  If you want to screw around, you shouldn’t be hiring a notary in the first place, right?  So, I made them start all over again with a complete redraw despite their complaining, and we notarized everything, and it was kosher.
 
Safeguards against fraud
In the case of multipage documents, the most effective way to safeguard against fraud (page-switching) is to emboss all pages of every document notarize.  If someone protests your embossing, tell them that you don’t have TIME to go to court after they do something fraudulent with their document, therefor, you take precautions against any tampering by embossing every page.  It is hard to forge an embosser, and hard to use it in the same way a notary uses it.  It might be easy to spot a false notarization which is important to get you out of court fast.  Imagine how many hundreds you would lose every day you were hijacked by a court case!
 
Initialing changes?
Initialing is a technology that I don’t like much.  If someone adds a new page to a multipage document, the initials “prove” that all signers agree to it, and safeguard against page-switching after the fact.  But, initials lack the same characteristics as a well established signature.  People don’t initial that much, and it is easy to forge them without detection. I think that initialing is better than nothing, but a poor safeguard against fraud.  I feel that if a signer gives a thumbprint on all pages of a document, that is much harder to forge.  I see no harm in signing all pages of a document. That is better than initialing since a signature is usually consistant (more or less) each time you sign.  Initials might not be, and it is yet another mark with it’s own characteristics.
 
Notarizing multiple pages without initials?
Not all multiple page documents require initials.  It is up to the company who drew the documents if they want initials or not. There is no law requiring that documents have initials, but Deeds of Trusts and Mortgages normally have places for the borrowers to initial at the bottom of all pages.
 
Forging initials
It is common for Title companies to forge someone’s initials on Deeds if the signer forgets to initial.  Forged initials on date changes are common as well.  Illegally forging someone’s initials on a name change happens all the time.  It is very hard to know for sure if an initial is forged, but the people who illegally forge signatures, are usually overworked clerks in large companies who have very little time — and they are sloppy how they forge initials. The forged initials don’t look at all like the real ones.  These workers need to know that they might have to go to jail for a crime like forgery, so they should refuse to do it!

You might also like:

Signing agent best practices
http://blog.123notary.com/?p=4315

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

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

Loan signing process and pitfalls
http://blog.123notary.com/?p=2780

Share
>

November 13, 2011

Can a notary witness a will or notarize one?

Filed under: Popular on Facebook (A little),Popular Overall 2011,SEO,Technical & Legal,Ultra-Popular,Witnessing — Tags: , , , , , , , , — admin @ 4:44 am

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
You might also like:
 
Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

Share
>

November 10, 2011

Notary Procedure for Affidavit of Support Documents

Filed under: Affidavits,SEO,Technical & Legal — Tags: , , , — admin @ 9:05 am

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

.

You might also like:

2016 version – Affidavit of Support
http://blog.123notary.com/?p=17528

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

Modern Family – An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?p=10989

Share
>

October 22, 2011

Can a notary be a witness?

Filed under: Popular Overall 2011,SEO,Ultra-Popular,Witnessing — Tags: , , , , , , , , — admin @ 8:04 am

———–
If you like this post and would like to receive our FREE notary newsletter, just email us at info@123notary.com and request a subscription. The newsletter has links to new articles, tips, discussions, and information about signing companies for mobile notaries!
———–

Q&A for notary witness questions

Many people come to our blog to learn more about witness rules and credible witness requirements in various states.   We can not speak for all 50 states, but we will try to provide some good leads that can help you get your questions answered.
This blog entry will serve as a quick Q&A for some of the more common nationwide and state-specific notary witness questions.

 
How many credible witnesses are necessary?
Roughly 90% of states allow credible witnesses.  Please read:  http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  This forum post to learn the credible witness requirements for your state.  In California and Florida, if the notary knows the witness, then only one is necessary.  However if the notary does not know the credible identifying witness, then two would be necessary. In either case, the credible witness must provide identification, and swear under oath to the identify of the signer. In many cases, the credible identifying witness only knows the signer by some informal name and knows them as a neighbor or co-worker on a very informal basis.

Can a notary act as a witness?  Can a notary be a witness?
Unless your state law indicates otherwise, then yes, a notary can act as a witness. Please keep in mind that certain notary acts require the notary to witness the signature of the signer (jurats), while other notary acts do not (such as acknowledgements).  A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. It is an official notary act to be a witness in Delaware and Washington State as well.  It is common for people to ask a notary to witness signatures, since notaries are trusted state officials who would be a good impartial and responsible witness.
 
How to notarize a document when you have credible witnesses?
The credible witness(es) must sign the notary journal (rules vary state by state), and must produce identification as well.  The credible identifying witnesses must swear under oath as to the identity of the document signer.The credible witnesses do not actually sign any documents, they just sign the journal and help to identify the signers.

 Can a notary notarize with no ID and 2 credible witnesses?
Yes, if the notarization takes place in California, Missouri, Florida, Georgia, or Tennessee.
 
Nevada credible witnesses – is there a special form?
Nevada requires a special acknowledgment form for credible witnesses.
 
Can a notary be a witness to a Will?  Can a notary witness a Will?
Yes, a notary can be a witness to a will.  Some states allow witnessing as an official notary act as well. If it is not an official act, then the notary can charge any fee they like to serve as a witness.  Please keep in mind that notaries are discouraged from notarizing signatures on Wills without written instructions from an attorney.
 
Can a notary sign as a witness in Maryland? Can a notary be a witness in Maryland?
A notary can sign as a witness in Maryland, but it is not an official notary act in that state. 
 
Can a notary sign as a witness in Utah? Can a notary be a witness in Utah?
Yes, a notary can be a witness in Utah.
 
Can a notary be a witness in Texas?
Yes, a notary can be a witness in Texas.
 
Can a notary be a witness in New Jersey?
Yes, a notary can be a witness in New Jersey.
 
Can a notary be a witness in Pennsylvania?
Yes, a notary can be a witness in Pennsylvania, although it is not an official notary act.
 
What are credible witness statutes?
Credible witness statutes and rules vary from state to state. We have a forum post that covers many states rules about how many credible witnesses you need.
 
Doesn’t a notary have to witness you signing in person?
This depends on the type of notary act.  For Jurats — yes… for Acknowledgments — no.  In either case, the signer must sign the notary journal or notary record book if that is required in your state.
 
If you live on the border of 2 states, are you permitted to witness signings in both states?
Since witnessing is not an official notary act except in Delaware and in New Hampshire (as far as we know), a notary can be a witness anywhere, in any state or country.
 
Can a notary charge for a witness signature?  Can a notary charge to be a witness?
Since this activity is not an official notary act except in Delaware, the notary can charge whatever the client will agree to pay.  No state government regulates how much a witness can charge.

Can I be a notary and a witness?
Sure!
 
What is a notary credible witness acknowledgment?
To the best of our knowledge, only Nevada requires a special acknolwedgment for credible witnesses.  However, credible witnesses may be used in most states to identify a signer for an acknolwedged signature.
 
What is a subscribing witness?
A subscribing witness could be someone who witnesses a principal sign in a proof of execution — OR, it could be a person who witnesses an elderly person do a signature by X signing.

You might also like:

Power of Attorney information

Can a notary witness a will or notarize one?

California Credible Witness Requirements

Oath of two credible witnesses

Share
>

March 19, 2011

What to say and what not to say.

Filed under: Etiquette,Posts With Many Comments — Tags: , , — admin @ 5:43 am

Notary Etiquette – what to say and what not to say
 
Politeness is hard to gauge in any society.  In a social environment, if people don’t like your comments, they just won’t associate with you.  But, in a business environment, you will lose valuable clients.  Personally, I am the worst person to write this post, because I am notorious for saying the wrong thing at every given opportunity.  On the other hand, maybe thats why I am the perfect person to write this article — I know what one has to lose by opening their mouth!
 
Being professional
Some people treat professionalism by being overly uptight, no fun, and addressing people as Mr Smith, and Mrs. Sutterfield.  They never crack a joke, and never express an opinion.  They will dress well, and get their job done, but were they a pleasure to deal with? Sometimes I really tune into this issue at the Japanese restaurant down the street. 
 
The Japanese restaurant
Its less than two miles away — a Japanese restaurant so good, its worth walking a mile to get to.  With the lack of parking, sometimes I do walk at least half a mile, and then wait to be seated. They are the best cooks, and are very professionally dressed in their black ninja outfits.  Politeness is never an issue, but there are never opinions, and small talk is …. well… “small”.  Then, a new guy started working there.  He is ultra friendly and talkative while being extremely polte.  We talk about every topic under the sun (not the rising sun).  He can talk about any subject while being careful not to criticize others.  Maybe he should be writing this blog entry!
 
Being friendly!
To get good reviews with the signing services, you need to be  a pleasure to work with.  Being human and friendly is part of the game — of course without sacrificing professionalism.  I really want to get responses from this blog on what the notaries consider the “right amount” of being friendly.  The trick is knowing what to talk about and how to talk about it.  With me, I’ll quickly digress into some inappropriate political discussion: a big no-no.  But, weather is a much safer bet.  But, even weather can be controversial.  Talking about rain is safe, but should you wait for the other person to bring up the subject of tsunamis just to be safe?  If its me, I’ll even ruin the subject of weather by bringing in the concept that God is upset with humans and thats why we are having the tsumani.  I’ll alienate borrowers even with the safest of topics.  Maybe I should stick to hurricanes.  At least with hurricanes I can blame the government for being neglegent about building levies, and leave God out of it!!!
 
Safe topics
Traffic is a safe topic, especially for me, since its clearly the fault of humans and not God’s wrath. But, what if you are late and talk about traffic.  Then, its no longer fun conversation — its an excuse… There’s a no-no!  Only talk about traffic if you are on time!  If its me, I’ll ruin even a nice conversation about traffic, by blaming the government for keeping gas taxes so low.  After that remark, even the socialists will outcaste me!  But, its true — if gas were $7 per gallon, there wouldn’t be any traffic — ever!!!
 
Fashion – is it safe?
Fashion could go either way.  It depends on whether the other person has the same tastes as you.  But, sticking to more “universal” topics like where the best sales are for general items is relatively safe.  Talking about general items is politically correct, but when it gets into tweed blazers, you are entering an area of sociological barriers.  The professors will like the conversation, and everyone else will raise their eyebrows!
 
Guns and Religion?
Obama really blew it with this comment.  Religion teaches peace, so how can religious people love guns so much?  Do they want to fight for peace? Don’t talk about this at a signing!  But, if you can pull off talking about what happened at church last week without alienating those of a different caste, creed or faith, I’ll be impressed.  If you can make this type of conversation “universal” in nature, you are a professional at knowing what to say and how to say it.  I would personally give you a reward!
 
Politics?
OHG… stay away!!!  The most political statement you can get away with is how you bumped into Obama at the swimming pool.  That will work.  You can mention how he out swam you.  I heard he keeps very fit!

If you follow these tips, you will be a more professional notary!

You might also like:

Credible witnesses from A to Z

If the world ends before my renewal, do I get a refund?

Notary Etiquette from A to Z

Share
>

January 23, 2011

California Acknowledgment and Jurat Information

Filed under: California_Notary — Tags: , , , , , , , , , , , , — admin @ 1:55 am

To see current 2011 & 2012 California Acknowledgment wording  information and California Jurat verbiage  information, just visit:
http://www.123notary.com/California/acknowledgment_jurat.asp

California Acknowledgments & California Jurats

Notary laws are often based on antiquated social customs and laws.  Many notary laws in Louisiana are based on the old Spanish and French laws which make it extremely different from the rest of the United States.  Louisiana is sort of a foreign country controlled by our government.  The language is English, but the laws are not.  California notary law used to have some old rules too for identifying a signer. 
 
In olden times, people lived in smaller communities, traveled less, and had less access to the outside world.  In those days you knew your neighbors and knew them well.  California notary laws and laws in many states allowed a notary to use personal knowledge of an individual as a way to identify them for a notarization.  But, in 2011 with people flying all around, and nobody really knowing anyone, you can not really use personal knowledge as an identifying technique anymore.  People don’t even know their wives and children that well these days! After 9/11, the laws changed in many states.  It took a few years for the state governments to react, but standards for identification were raised.  You can still identify signers using credible witnesses which I feel is false identification. The credible witnesses don’t really usually know the signer that well, and have to be reminded of the signer’s name in many cases.  The most common form of identification is a driver’s license, state ID card, or password. 
 
In any case, California notary laws for identifying a signer for an acknowledged signature are tougher now that personal knowledge is not allowed.  But, signers also need to be identified for Jurats which never used to be the case.  In the last few years, the California notary wording or California notary Verbiage for Acknowledgment and Jurat forms has changed a little bit as well.
 
Oaths and Affirmations in California have now become a merged act.  You just choose whether you want it to be an affirmation or oath in the paperwork. 
 
 
You might also like: 

Notary Public 101 – basic notary acts including Acknowledgments
http://blog.123notary.com/?p=19500

Notary Acknowledgment Information
 
Can a California notary be a witness?

Share
>

January 22, 2011

Definition of Oath

Filed under: Uncategorized — Tags: , , , , , , , — admin @ 10:22 am

This article deals with Oaths in general as well as how Oaths are significant in the Notary Profession.

What is an Oath?
An Oath is a solemn and formal statement of fact or promise that is worded in a sacred or official way. An Oath is a formalized vow normally taken before others in a formal situation.

Types of Oaths
It is common for people to take an Oath or swear under Oath when becoming a public official which would be called being sworn into office. People also take Oaths when they get married or when they are sworn into court as a defendant, plaintiff, Attorney, witness or juror. People take an Oath of citizenship when becoming a citizen. Those in the medical profession take a hippocratic Oath. But, zookeepers do not need to take a rhinocratic Oath contrary to popular belief.

Hand Gestures
It is common in the United States for people to raise their right hand with their palm facing forward at the beginning of an Oath proceeding. Different parts of the world might have different hand gestures or no hand gestures.

Some People Refuse Oaths
Some Christians refuse to swear under Oath as they always tell the truth (or claim to.) They seem to not understand that the purpose of the Oath is not to prove to themselves that they are telling the truth, but to impress upon others that they are — while the others might not have the same opinion as to the integrity of the affiant. The Notary profession now allows for Affirmations instead of Oaths for those religious people who don’t believe in oaths.

Affirmations
An Affirmation is a formal statement that currently carries the same and identical weight and meaning as an Oath. A Notary Public can swear someone in using an Affirmation instead of an Oath merely by substituting verbiage. Instead of saying, “Do you solemnly swear that this document is true and correct?” you could say, “Do you solemnly affirm that this document is true and correct?”

Affiant
An affiant is the person who swears under Oath typically in a written statement called an Affidavit.

Affidavit
An Affidavit is a written document, often a legal document where the Affiant swears before a Notary Public as to the truthfulness of the document.

Jurat
A Jurat is an official Notary act where the affiant swears under Oath to the truthfulness of a written statement or document. Some Jurats have handwritten statements written by the signer who is also the affiant. Others are drafted up by an Attorney, government or professional agency.

Notarial Oath
Jurats are not the only Notary act that can have an Oath. Notaries use Oaths in many aspects of their work. Notaries take an Oath of Office to get sworn into duty when their commission begins. Notaries routinely swear in Credible Witnesses who are used to identify a signer who doesn’t have identification. Notaries swear in Subscribing Witnesses as well who witness people signing a document. There are also just plain Oaths that Notaries administer. The Oath might not be written or recorded. If Notary administers an Oath, they should indicate in their journal that they gave an Oath regarding a particular subject and have the Oath taker (affiant) sign the journal in that corresponding entry.

Acknowledgments with Oaths
Acknowledged signatures normally do not have Oaths, but they could have an accompanying Oath. Acknowledgments allow the signer to sign before they see the Notary Public. However, the Oath would have to be taken in the presence of a Notary Public.

Oaths in Mortgage Loan Signings
Mortgage loan signings normally contain several affidavits such as the Signature Affidavit which requires a sworn Oath. So, if you perform Loan Signings, be prepared to be an expert at the art of Oath giving.

Question
If Physicians take a Hippocratic Oath, what type of profession would take a Rhinocratic Oath?

You might also like:

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

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

Share
>
« Newer Posts — Older Posts »