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October 17, 2017

Notary Public 101 — Quiz Questions

Filed under: Loan Signing 101,Popular on Facebook (some),Popular on Twitter,Popular Overall — admin @ 2:32 am

Return to Table of Contents for Notary Public 101.

QUIZ QUESTIONS

If you have studied our short but sweet Notary course, you might be ready for some sample questions. We alternate questions on our real test, but these questions will help you learn the knowledge concretely so you do well should we ever quiz you.

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1. What is/are the difference(s) between an Oath and an Affirmation?

2. What is the difference between an Acknowledgment and a Jurat?

3. Name all Notary acts allowed in your state.

4. Who has the final authority to decide what goes in the venue for an Acknowledgment certificate?

5. Can a borrower initial in an Acknowledgment if there is a change?

6. If you add a loose certificate, what precautions do you take to make sure it does not get added to a different document by accident or fraudulently?

7. If the FBI comes knocking on your door because you notarized someone with a fake ID, what piece of information will they want to see?

8. Which Notary act can the signer sign ten years before appearing before the Notary Public?

9. What is the difference between an Oath for a document (such as an Affidavit with a Jurat) and a purely oral statement?

10. If you are using a preprinted Acknowledgment filled out by the lender, after you inspect the boiler-plate wording with the he/she/they, the date, and the venue, what other things do you need to check on the acknowledgment form before signing and sealing?

11. What is wrong with the following Oath? “Do you affirm that the information you provided is true?”

12. Can you give an Oath that says, “Do you solemnly swear or affirm that your name is Mickey Mouse?”

13. Name two Notary acts that do not have a written document.

14. Name several Notary acts beginning with the letter A as their first letter.

15. What does, “Subscribed and sworn to before me” mean?

16. If you see the words, “Subscribed and sworn to before me BY,” then whose name goes after the by?

17. What is an affiant?

18. What is the technical term for state and county?

19. Name several situations where you might add a loose certificate.

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October 14, 2017

Notary Public 101 — Journals

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , — admin @ 2:02 am

Return to table of contents for Notary Public 101.

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NOTARY JOURNALS

Not all states require keeping an official journal of Notarial acts, but 123notary requires it as that is the only evidence you have should you go to court. There are identity thieves and cons all over the place. They might pretend to be a home owner to steal that person’s equity or con grandma into giving her fortune away to some crooks. If your notarization ever goes to court, your journal is the only record of what happened and who signed what, etc. Most Notaries think keeping a journal is an annoying task that they do because they have to. It is the same attitude that children have towards doing their homework at age seven. But, your journal can save your neck, and I know many whose hides have been saved who ended up in court.

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ONE JOURNAL ENTRY PER PERSON PER DOCUMENT

Most Notaries think that you create one entry for each signer and then cram in the names of all of the documents you are notarizing. This is very sloppy. If you pick up five packages from FedEx, do you sign once or do you sign five times, each for a particular tracking number? If you keep one journal entry per person per document, then you have a signature proving consent to be notarized for each document you notarize. Additionally, you must name the particular and complete name of each document, and not just say “loan docs.”

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INFORMATION

In your journal you write the date, time, type of notary act, name of document (the full name, no abbreviations or check boxes here please) and the document date. You need to record the name, address, and ID of the signer as well. Then the signature, thumbprint and notary fee. Let’s focus on the document information in this section though. You need to record the:

Full name of the document, not an abbreviation.

Document Date — many documents have a document date inscribed within that is an arbitrary date created by the document drafter. It could be the date the document was drafted, or the date it was intended to be signed, or a random arbitrary date.

Other distinguishing factors — if you are signing multiple documents with the same name such as Deeds of Trust, Grant Deeds, etc., you need to differentiate them somehow. Escrow numbers, names of grantors, grantees, APN numbers, property addresses, number of pages, or anything else can help identify a document after the fact in case you end up in court.

Signatures — each line of your journal needs to be signed by the corresponding person. If John and Sally are each signing three notarized documents, then John gets entry 1, 2, and 3 while sally gets 4, 5, and 6. Each signer must sign their three entries otherwise the entries are meaningless.

Thumbprints — I am skipping mentioning more about the other things that belong in a journal as most Notaries get it, however, few Notaries keep thumbprints. Your journal thumbprint is the one piece of evidence the FBI will ask for when they come knocking on your front door. Additionally, it discourages fraud as fraudulent people do not want to be thumbprinted.

Other Information — Although I am skipping elaborating about the other journal fields, I will make a quick note about the additional information section in a journal. That leaves space for information about credible witnesses, subscribing witnesses, unusual facts about the signers, the location, or the circumstances in which you are signing. If the signer claims that they are being kidnapped, write that down in the additional information section of your journal, then call the police. If the signer has a weird neck tattoo, you might need to remember that in court. Put it in your journal. The judge will think you are a very thorough Notary.

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FINAL NOTE

The purpose of journals is not only to please your state’s Secretary of State, but also to please judges and FBI agents. Keeping a clean, correct and thorough journal will make a positive impression on the authorities and could keep you from being named as a suspect if God forbid you ever unknowingly Notarize an identity thief, fraud, or otherwise bad person. Notaries don’t get in trouble that often, but for those who make a career out of being a Notary, eventually you will be investigated at least once and perhaps end up in court, so keep your paperwork in order so the investigation is fast and smooth. Otherwise you might end up in court for a very long time — no joke! Roughly 1/7 of the Notaries on our site have ended up in court due to something that they notarized.

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October 12, 2017

Notary Public 101 — Certificates

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Facebook (some),Popular Overall — admin @ 1:46 am

Return to table of contents for Notary Public 101.

You might also like: 10 tight points on loose certificates.

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NOTARIAL CERTIFICATES

There are certificates for various types of Notary acts. Acknowledgments, Jurats, Proofs of Execution. Some states even have certificates for Oaths and Affirmations. Let’s focus on Acknowledgment Certificates for now.

There are various parts of an Acknowledgment form.

(1) The venue. The venue is normally on the upper part of a certificate. In California now there is some verbiage in a box that I am not trained in. But, above the boiler plate wording there is a venue which documents the county and state. Is a venue the county where you did a transaction or two lines of information in a form? Both! However, the documentation of the venue is the one in the certificate and it is informally called the venue and not the documentation of the venue.

(2) The date. The date is a field the Notary is often held responsible to fill in. The date falls into the area of the boiler-plate wording of the form which is standardized wording from your state or perhaps another state.

(3) The names of the signers. As a Notary, you need to input the names of the signers or affiants into the Notary certificate if required. Sometimes it doesn’t make it clear whose name goes in the form. If it says, “Subscribed and sworn to before me by,” then after the “by” put the name of the affiant or signer otherwise you will ruin the form.

(4) The name of the Notary. The name of the Notary once again is entered into the boiler-plate wording area.

(5) Pronouns, singulars and plurals. Each state has a different wording for Notary certificates for each act. However, it is common and typical to have some sort of Notary verbiage that includes he/she/they executed the instrument, his/her/their signature(s), or his/her/their authorized capacity(ies). The critical thing here is to cross out the incorrect words and leave the correct wording. If you do a notarization for John, then cross out the her and their and the (s) assuming John only signed once. If you do a signing for Bruce Jenner then use a special form called the T-acknowledgment which says he/she/it’s complicated/they

(6) Testimonium Clause. Where it says “witness my hand and official seal,” that is called the testimonium clause. Below the boiler plate wording is the signature area where you sign and then affix your notarial seal. And by the way, “Locus Sigilli” means the location of the seal.

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CHANGES TO CERTIFICATES

Making any change on a Notary certificate is messy in my opinion. You can consider crossing out and initialing wrong information. Remember that ONLY the Notary can initial or write on the certificate forms and the signer cannot touch it. However, it is cleaner to create a new certificate using an Acknowledgment that you get from a pad that you keep your Notary bag. That way you can start all over, fill the form out correctly and then staple it to the document in question.

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ADDING LOOSE CERTIFICATES

If you notarize a document that either does not have acceptable Notary wording or doesn’t have any Notary wording (or wrong information on the form) then you might want to add a loose certificate from your pad of certificates that you purchased from the NNA (recommended). Additionally, if there is no room for your seal in some pre-existing Notary verbiage, you might be forced to add a certificate for logistical reasons.

You might also like this blog article:
Sending loose certificates in the mail is generally illegal!

If you add a loose certificate, the certificate must be filled out thoroughly. This means that in addition to the legally required verbiage, you fill out the ADDITIONAL INFORMATION section. The additional information section includes:

Document name — if you don’t put the name of the document on your loose certificate, it might be unstapled and added to a wrong document by accident or on purposes.

Document date — if you don’t put the document date, your certificate might be added to a different document with the same name by accident or fraudulently.

Number of Pages — if you put nine pages, then it will be hard for a fraud to swap the certificate and put it on a similar document with eight pages.

Other Signers — You can name the other signers on the document.

Capacities — California no longer allows this, but you can mention if any of the signers are signing as Attorney in Fact or some other capacity.

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EMBOSSERS

Cautious Notaries often use an embosser when notarizing. You can use an inked seal and also a non-ink embosser that leaves a raised seal. If someone photo copies your certificates, the embossed impression will not show up in the photocopy. Additionally, you can emboss each page of a document to discourage page swapping.

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AUTHORITY

If there is a disagreement between a Title company involved in a transaction and a Notary regarding what venue or information goes in an Acknowledgment or Jurat certificate, the Notary has absolute authority. The Notary may ask for the Title company’s preference if there are two legal ways of doing something such as crossing out and initialing vs. adding on a loose certificate if there is an error. However, it is the Notary who is legally responsible for filling out the form and it is the Notary who will end up in court if there is a problem.

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WHO TO ASK FOR HELP WITH CERTIFICATES

If the Notary does not know what to do when filling in forms or notarizing, do NOT ask the Lender or Title companies as they have a beneficial interest in the transaction AND because they are not experts in the field. The tiel rep might be a Notary, but not necessarily in your state, and not necessarily an informed Notary. Title and Lenders will typically tell you whatever it takes to get the job done whether it is legal, recommendable, safe, or kosher, or not. They don’t care just as long as their loan goes through and YOU, the Notary are the one who gets locked up if you did something illegal just as long as it is your seal on the page.

If you need help with a Notary problem, consult your state’s Notary division as a first resource and the NNA hotline as your next resource. I would be very wary about trusting anyone else.

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October 10, 2017

Notary Public 101 — Basic Notary Vocabulary

Filed under: Loan Signing 101,Popular on Facebook (some),Popular Overall — Tags: , , , — admin @ 1:35 am

Return to the table of contents of Notary Public 101.

BASIC NOTARY TERMS
We will hold you responsible for these. You might also like our complete glossary of Notarial terms.

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Affiant
An Affiant is a person who will swear under Oath and is commonly used to refer to someone who is signing an Affidavit. A Defiant is a person who swears under a tunnel when he loses the AM reception of a basketball game he bet on.

Affix
When you attach something to another thing that is considered affixing. But, in the Notary profession when you stamp something with your seal that is also called Affixing. If you forget to stamp a document you notarized and title finds out, you will really be in affix (a third usage of the word.) When you attach someone with another person, that’s called fixing up.

Agent
Someone who has received special powers from a Power of Attorney signing is called an Agent or Attorney in Fact and also referred in the document as a Grantee. Someone who’s received special powers to go fight crime is called a superhero.

Apostille
An Apostille is a Notary procedure or act that involves both the Notary and the Secretary of State where the Secretary of State officially verifies that the Notary used in a transaction is indeed a real and current Notary in good standing. This procedure is used when sending certain documents outside the country and Authentications are also used to send to other particular counties. If you’re a real and current notary who gave up your seat on the subway for an elderly person, you’re good, standing, in good standing.

Attorney in Fact
The person who receives Power of Attorney is called an Attorney in Fact or Agent. When this person signs on behalf of the principal they sign: John Smith, as Attorney in Fact for Sharon Smith. There are other versions for how to sign as an Attorney in Fact. The person who receives power of X-Ray Vision is called Clark Kent.

Borrower
The borrower is mistakenly referred to as a “client” or “customer” by newer Notaries. The borrower of a cup of sugar is mistakenly called “neighborly.” The signing company regards the title company as their customer while the signer of the loan is called the borrower in oral language. Please also distinguish between a loan signing notary who supervises the signer and is not himself a signer although many Notaries refer to themselves as signers as a professional designation. The Notary Signing Agent is a signing facilitator, not an actual signing in real terms. The borrower can also be referred to as a Mortgagor who borrows from the Mortgagee (the Lender).

Certificate
A Notary Certificate could be a loose piece of paper attached to a Notarized document. (An unattached loose piece of a** would rather be called promiscuous.) A Jurat could be on a loose certificate where the Affiant writes a statement that they will swear to and sign in the presence of the Notary. Not all Notary acts use a certificate such as purely verbal acts such as Oaths and Affirmations and in some states Witnessing. Please understand that although a Jurat uses an Oath as part of the act, that an Oath by itself does not use a certificate. Some also swear that Donald Trump is a true copy of The Annoying Orange.

Copy Certification by Document Custodian
Some states allow for document copy certifications to be an official Notary Act. Some states only allow for a certified copy of a Power of Attorney. However, the Copy Certification by Document Custodian is an unofficial copy certificate and a glorified Jurat with special additional verbiage where the document custodian swears to the fact that the copy is a true copy of the original document.

Grantee
A Grantee is a term used to refer to someone who has been given something such as Power of Attorney agent privileges. The actual Power of Attorney document uses this term to describe the future Attorney in Fact or Agent.

Grantor
A Grantor is a term used to describe someone who has given Power of Attorney privileges by naming an individual as Attorney in Fact or Agent in a Power of Attorney document. A take it for granted-er is a term used to describe someone who knows his wife will throw his dirty laundry in the hamper.

Principal
The main signer of a document could be refered to as a principal. This is the Grantor in a Power of Attorney signing although the two terms are not synonomous. A Principal is also a term used in a Proof of Execution signing and is the person who signs the document. Another proof of execution: Kim Sung Un’s uncle’s tombstone.

Subscribing Witness
A witness who watches someone sign is called a subscribing witness. A witness who watches somebody else’s Netflix is called a non-subscribing witness. The Signature by X procedure uses a subscribing witness who is also commonly referred to as a credible witness meaning a witness who can be trusted. Proofs of Execution use a subscribing witness as well to appear before the Notary Public on behalf of the principal who is the person who signed the document. The Signature by Ex procedure is commonly referred to as divorce papers.

Venue
The venue is the part of the Notary certificate generally near the top that is used to state the state and county. All states have a venue somewhere in the top third of the certificate for all Notary acts that use a certificate such as Acknowledgments, Jurats, Proofs of Execution, etc. A venue is also the place where the notarization takes place. If you change the venue, does that mean you get up from your chair and go to a different address or does it mean you cross out and initial the venue in the Acknowledgment form. I’ll leave that to your imagination. The venue in my brain that conjured up that question is now closed.

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October 9, 2017

Notary Public 101 from 123notary!

Filed under: Notary Public 101,Popular on Facebook (top),Popular Overall,Ultra-Popular — admin @ 12:32 am

It has come to my attention that most Notaries are unaware of the existence of Notary Acts above and beyond simple Acknowledgments and Jurats. Being aware of unawareness. Kind of a wash? Additionally, the vast majority of Notaries draw a blank when I ask them the rules for Acknowledgments and Jurats. I was hoping for a blank check but no such luck. I did not know how bad the level of ignorance is. I was ignorant about the ignorance. But, now that I acknowledge my ignorance, I am writing this tutorial. It is mandatory that you understand basic Notary acts if you are to be listed on 123notary, and we WILL test you on it and you will be regarded as a “Fake Notary” if you don’t know your basics when I drain the notarial swamp so to speak. Fake news. Fake notaries!

This Notary course is for those who are already Notaries who need a brush up on the most critical aspects of the profession. This is not a how-to course for beginners.

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TABLE OF CONTENTS

Basic Notary Vocabulary — http://blog.123notary.com/?p=19495

Basic Notary Acts — http://blog.123notary.com/?p=19500

Journals — http://blog.123notary.com/?p=19511

Identification — http://blog.123notary.com/?p=19507

Certificates — http://blog.123notary.com/?p=19502

POA & Other Topics — http://blog.123notary.com/?p=19517

Quiz Questions — http://blog.123notary.com/?p=19520

Review Pointers — http://blog.123notary.com/?p=19679

Real Life Scenarios — http://blog.123notary.com/?p=19681

Quick Info on Loan Docs — http://blog.123notary.com/?p=19946

The 30 Point Loan Signing Course — http://blog.123notary.com/?p=14233

The 123notary Elite Certification Study Guide — http://blog.123notary.com/?p=20118

The 123notary 2018 Certification Standards — http://blog.123notary.com/?p=20120

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Thank you for studying from our course. We hold Notaries advertising with 123notary responsible to score at least 70% if we ask them random Notary questions by phone.

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October 8, 2017

Airline meals verses Notary Oaths & Affirmations

Filed under: Technical & Legal — Tags: , , , — admin @ 3:06 am

Have you ever wondered what airline meals have in common with Notarial Oaths? More than you think. In the old days airlines would only have one choice. The choice would normally have meat, and a few sides. Those were the good old days when women stayed at home and men supported them, and children had fathers. But, we solved the problem of children having fathers (so old fashioned and unnecessary.) Now, we are all the more wiser and realize that children do just fine without a live-in father and don’t need school prayer either. What a waste of time. Additionally, we have stopped reproducing for the most part which is another way to solve our sociological problems.

On the other hand, a preacher from Tennessee on television says, “If God goes out, then the Devil comes in… Since we have stopped prayer in school, there has been an upsurge in drugs, teen pregnancy, violence, and the list goes on…” But, I digress.

Now, you can get the regular airline meal, vegetarian, vegan, gluton free, high fiber, and about ten other choices. Singapore air even has some good Asian delicacies (yes please!) But, let’s get to the point of this article. It does have a point, right?

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AIRLINE MEALS

Let’s say that on Trans-Notarial Airlines you have two choices of a meal.

(1) THE REGULAR MEAL: which has a chunk of certified angus beef, two veggie sides and an embossed oreo plus a can of Affiant Cola. And then, there is

(2) THE VEGETARIAN OPTION which gives you the broccoli with tofu, their signature salad, corn, chocolate cake and a drink.

The problem is that the Notaries who ran Trans-Notarial Airlines thought they knew everything about notary food law, but didn’t. What the Notaries did was to offer vegetarians the regular meal, but remove the meat. The Notaries did not know that there was a vegetarian meal since they had not been trained.

Similarly, Notaries are unaware that most states have an OATH and an AFFIRMATION. The affirmation was created or invented as not to offend those who did not want to mention God or swearing. But, what Notaries often do is to administer an Oath, but remove the required Oath verbiage of “swear” and “God” as to please the politically correct and religious zealots instead thereby bastardizing an Oath rather than administering an Affirmation. The other mistake Notaries make is to only do Affirmations when legally they might (are likely to) be required to offer a CHOICE of acts.

MY RECOMMENDATIONS

Offer your clients a choice of an Affirmation or an Oath in a Jurat execution or if they want a purely oral sworn statement. It is their choice, so you have no place choosing for them. It is the same as offering a choice of the regular meal or the veggie meal rather than giving the regular meal without the meat. Where’s the beef? My opinion is that if you leave God out, the devil comes in. So, when you administer a sworn statement to me, don’t forget the God part. Without him/her, we wouldn’t even exist! And for New York Notaries, I recommend not doing Affirmations with the cab drivers because cabbies prefer to swear!

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You might also like:

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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

Oaths – how Notaries completely screw them up
http://blog.123notary.com/?p=19369

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May 4, 2017

Where can I find a Spanish Speaking Notary?

Filed under: Public Interest — Tags: , , , , , , , — admin @ 10:52 pm

Where can I find a Notary who speaks Spanish?
Look no further. 123notary.com has many Spanish speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Spanish speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Spanish box and find only Spanish speaking Notary service providers.

How good is their Spanish language proficiency?
On 123notary.com, we have many Notaries who speak Spanish. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from Spanish speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your Spanish speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary Spanish — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Spanish?
Notaries may Notarize a document that is in Spanish, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Spanish?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Spanish language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Spanish and the Notary knows Spanish, you can conduct your Oath in Spanish.

How can I get a Spanish language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Spanish to assist you in this matter. Just visit our Advanced Search page and look up a Spanish Speaking Notary by zip code!

You might also like:

Find a Notary — who provides 24 hour service on 123notary!
http://blog.123notary.com/?p=4635

Power of Attorney Notarizations
http://blog.123notary.com/?tag=power-of-attorney

Where can I find a Vietnamese Speaking Notary?
http://blog.123notary.com/?p=18816

Is it better to be “bilingual” or speak Spanish?
http://blog.123notary.com/?p=19264

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January 17, 2017

Notary vs. Signing Agent

Filed under: Popular on Linked In,Popular on Twitter,Technical & Legal — Tags: , — admin @ 12:21 am

We write about this topic every so often. It is so basic and so critical that all new Notaries should understand. Every year, hundreds of thousands of Americans become Notaries. As Notaries they can perform tasks such as Acknowledging signatures, performing Jurats, administering Oaths, and other tasks which might be state specific. Notaries can hold their heads up high as their function is to identify signers, keep good records (in most states at least) and deter or prevent fraud. But, that is only if they are doing their job correctly — and most states do not vet their Notaries well enough to know the difference.

What is a Notary?
(1) A Notary Public is a state appointed official that is authorized to perform particular Notary functions. All states allow Notaries to perform Acknowledgments, Jurats, and Oaths, while some states allow Notaries to act as an official witness, safety box opener, proof of execution, protests, take Depositions, and more.

(2) A Notary receives a formal certificate of commission from their state, and a commission number.

(3) Many states require a Notary to have an official notary seal that has the Notary’s name, commission number, expiration date, state andcounty.

(4) Many states require the Notary to keep a bound and sequential official journal of notarial acts.

To be short, a Notary can perform certain basic Notary functions that their state allows them to function. Their state offers them a formal certificate of commission, and normally allows them to get one or two official Notary seals with their name, commission number, expiration date, city and state, etc. Notaries use prescribed state specific wording for particular Notary acts and that wording can be used on loose certificates that they can purchase from businesses who sell Notary supplies. A Notary is a public official, although most Notaries don’t understand that on an emotional level. They are appointed by their state as an official who will uphold (or at least are supposed to) the laws of their state at all costs.

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You might also like:

Would you accept a signing without a confirmation?
http://blog.123notary.com/?p=22588

Notary Public General Information
http://blog.123notary.com/?p=20075

10 rules for negotiating notary fees
http://blog.123notary.com/?p=19620

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November 30, 2016

Notary Acknowledgment Wording

Filed under: Popular on Linked In,Technical & Legal — Tags: , , , , , — admin @ 11:11 pm

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

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October 15, 2016

How can I find a French speaking Notary?

Filed under: Public Interest — Tags: , , , , , — admin @ 9:42 pm

Where can I find a Notary who speaks French?
How do I find a French speaking Notary?
How do I find a Notary who speaks French?
Look no further. 123notary.com has many French speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, French, Japanese, Vietnamese, American Sign Language, or more! In fact, we have French speaking Notaries in almost all states and metros.

How good is their French language proficiency?
On 123notary.com, we have many Notaries who speak French. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from French speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your French speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary French — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in French?
Notaries may Notarize a document that is in French, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in French?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or French language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in French and the Notary knows French, you can conduct your Oath in French.

How can I get a French language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks French to assist you in this matter. Just visit our Advanced Search page and look up a French Speaking Notary by zip code!

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http://blog.123notary.com/?p=6498

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