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October 15, 2016

How can I find a French speaking Notary?

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=18788

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

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September 29, 2016

Notary Aptitude Test 2

(1) Notary Stamp is to Notary Seal what Attest is to:
(a) A test and a verbal verification (b) swearing and stating (c) The 123notary signing agent online test and proof (d) Oath and affirmation.

(2) Document Date is to Signing Date what Match.com date is to:
(a) Ditching date (b) Marriage date (c) Engagement date (d) Backdate (e) No relation

(3) Backdating is to signing what _____________ is to lying about your age.
(a) Match.com profiles (b) rescission date (c) Notary Applications (if you’re under 18 or not a US citizen) (d) notarizing an acknowledgment an hour before your signing appointment.

(4) Name on Title is to Name on a Document as name on Birth Certificate is to:
(a) Name on your ID (b) Your street aliases (c) Death Certificate (d) Mother’s maiden name

(5) Jurat is to Oath, what Oath is to:
(a) Quaker Oaths (b) Oath written text (c) Swearing (d) Attest

(6) Original document is to wet ink signature as commission paperwork is to:
(a) Secretary of State’s seal (b) name of your state (c) Felony conviction (d) Commission impossible

(7) Venue is to State what State is to:
(a) Secretary of State (b) City (c) County (d) Zip code

(8) Witness is to bank robbery what Notary act is to:
(a) Acknowledgment (b) Jurat (c) Protest (d) Unmarked Bills

(9) Subpoena is to testify what credible witness is to:
(a) Busy-body (b) Bank Robber (c) Subscribing Witness (d) Identify

(10) Middle initial is to document what ___________ is to identification
(a) Name (b) Middle Name (c) Matching or longer (d) Name on Title

(11) Digital signature is to an eSigning what a/an ________________ is to the future of the Notary profession.
(a) eDocuments (b) Notary (c) eNotary (d) 123notary

(12) SnapDocs is to the Notary Profession what Walmart is to:
(a) eBay (b) Retail (c) Amazon (d) Life

ANSWERS:

1. Note to readers, seal has two meanings. It could mean a stamp, or a signature). Answer (a) is correct even though it is part joke and part true.

2. (e) is the correct answer as the document date is arbitrary and could be any date, and has no relation to the signing date although it is commonly the same date as the signing date by convention.

3. (a) Match.com profiles typically have women who lie about their age and roll back the years about five to ten years. But, do men also backdate their age?

4. The name on Title is your official name that the property is registered to which carries a certain amount of official merit to it and permenance just like the name on your birth certificate. However, people do change their names after the fact that could lead to different names on the document or ID. Correct answer is (a).

5. (c) Swearing is a part of the Oath just like an Oath is a part of the Jurat process.

6-12 Figure it out on your own! That was fun!

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September 20, 2016

Their Signature

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

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September 11, 2016

How do I get a foreign language document notarized?

How do I get an international document notarized?
How do I get a foreign language document notarized?

This is a tricky point in Notary law. The answer is that it depends on what state you are living in. California requires the Notary to be able to communicate directly with the signer which means you need to know the same language well enough to communicate. However, California doesn’t require the Notary to understand the document. Other states might require the Notary to understand the entire document.

The Main Function is to Identify the Signer
The main function of a Notary Public is not to understand the document, but make sure the intended signer is mentioned in the document and is the person actually signing the document. The Notary uses identification documents to identify the signer. Normally a drivers license or passport is used to identify the signer.

Find Out Your State’s Rules
Most states allow notarizing foreign language documents if the Notary doesn’t know the particular foreign language. To find out your state’s rules for whether or not the Notary has to understand the document, you can visit your state’s notary division’s website. Many state notary websites omit critical information about many Notary procedures. So, if your state doesn’t specifically say that you can’t notarize a foreign language document, then it is up to your interpretation. However, the certificate for the notarization (which could be a loose form stapled to the document) must be in English and using wording identical or similar in content to your state’s official notary wording.

Direct Communication with the Signer
Some states allow the use of interpreters during a notarization for the Notary to communicate with the signer. It is not safe to do this as the interpreter could make a mistake or deliberately mislead the signer which could lead to trouble down the road. Even if your state doesn’t require direct communication with the signer, I recommended just to be on the safe side.

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August 30, 2016

Self Notarization Landmine

Self Notarization Landmine

I’m referring to the form where you are the only person signing. Ignoring the fact that the form asks you to notarize your own statement, what it says can haunt you later. Yes, I know; you feel the statements are the absolute truth. What harm can it do? It’s not a filed document, nobody will ever see it *except* when it’s not truthful. Then can land on you like a ton of lawsuits.

Typically it has a venue, a statement (more on that later), and a place for Notary Public signature, stamp and commission number / expiration date. Sure seems like a “notary” act. But, as I said; let’s just ignore the illegality and get to the possible later grief.

I, the above described Notary Public, hereby certify that I have checked the identification of those parties who have signed before me and I have attached copies of their driver’s license(s) or other picture identification. I have verified them to be the same parties as those described in the instructions acknowledged by me. Witness my hand and official seal ……………

Lawyers love ambiguous verbiage. Here the two key words are “checked” and “verified”. Really? Just how did you do that? Are you trained in spotting a forgery? I’m not referring to a mess made on a copier. The “bad ones” just Google “fake driver license from china” and order from the site that rhymes with snowflake. I looked at their site – it scared me. For about a hundred dollars one can get a VERY good fake driver license from any state. Perhaps a police officer with real time access to police information can determine the serial number is not appropriate for the issue date or the birthdate on the document. But can you? I certainly cannot.

Thus, how can I make a statement that I certify and verify the identities? I know that is what notaries do – “check ID” – but there is a limit to our ability to detect forgeries. Some states have a specific “proof” list – the only items that can be used by the notary. Here in NY, it’s a bit fuzzy, the law requires the notary view “adequate proof” – seemingly a lower standard than verified.

I have followed articles and reviews of the “snowflake” – they have the technology to fool anybody who does not have police type access to driver license databases. It would easily pass my visual inspection. There are forgery detection manuals that go over “hidden” aspects of the various state issued licenses. I’m sure “snowflake” has a copy!

So, there is a good chance that, over the years; I have notarized by accepting a forgery. To me it was “adequate proof”; to you it was on “the list”. So where are we now? Well, I feel I followed my states laws, and so did you. The real issue is making a statement often entitled “Positive Proof Identification and Notary Signature Affidavit” that goes beyond my state requirements.

Recall the Miranda warning “anything you say can a will be used against you in a court of law”. The same admonition must apply even more strongly to things that you sign and “notarize”. I just return these forms untouched, with the exception of attaching a business card.

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August 27, 2016

Can a Virginia Notary notarize in DC or Maryland?

Filed under: Virginia Notary — Tags: , , — admin @ 9:03 pm

A Notary can only notarize in their state of commission except under some very unusual circumstances. So, a Virginia Notary Public can notarize in any county of Virginia. However, they cannot notarize outside of state boundaries using their Virginia Notary Seal.

But, it is common for a Virginia Notary to get dual or triple commissioned. A Virginia Notary may apply for a Maryland Notary Commission or a District of Columbia Notary Commission. 123notary has many Notaries on board our Notary directory who are dual or triple commissioned in the DC area. A DC Notary may also apply for a Maryland or Virginia Notary Commission.

DC is a very small territory for a mobile Notary to cover. On the other hand, there are so few Notaries in our nation’s capitol that out of state Notaries are necessary to handle the volume of work.

In the worst case scenario, if you need a Virginia Notary to help you while you are in DC, you can meet them right at the Virginia side of the border and then they can notarize for you. Just make sure your identification is current!

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July 13, 2016

Are you a Yes-tary or No-tary?

It was a month or so ago. I was asking Notaries Notary questions about what you can and cannot do. Unfortunately, Notaries often don’t take Notary rules seriously or have just never been adequately trained. The “more, but not less rule” is no good unless you understand which direction the rule runs. The ID can have more than the document, but 40% of Notaries think that it is okay if the name to be notarized on the document has more meat on it than the name on the identification. Good God! My point here, is that the whole point of having a Notary is to verify people’s identity who signed documents. The Notary profession helps to deter and prevent fraud as a result. But, if Notaries do whatever, and don’t follow state rules, then the purpose of having a Notary is defeated or undermined.

To put it shortly, the entire point of a Notary is to say No. If you feel uncomfortable or awkward saying No, then you should not become a Notary. In many Middle-Eastern and Asian cultures it is considered bad manners to say no, so they say, maybe, or later, or perhaps next time, or make up some excuse for not saying yes. Since they can’t outright say no, they beat around the bush. But, as a Notary, you might be facilitating fraud by not saying no. So, get used to saying no. Stand in front of the mirror and say, “No…. NO…. NO!!!!” Do it the way Joey from Friends practices saying, “How you doin’?” in front of the mirror dozens of times mastering his facial expression and verbal inflections. Take pride in saying no. However, for those Notaries that don’t like saying no, worry not! There is a solution. Become a Yes-tary.

But, what do Yes-taries do? Yestaries say yes to illegal requests. Unfortunately they cannot be commissioned and don’t have a stamp. But, maybe they should have an unofficial Yestary Public stamp just to make their job more comedically offiicial. What would be the duties of a Yestary? If someone wants to be Notarized as Mickey Mouse but lacks sufficient ID, you say, YES. If someone claims to be Kim Jong Un and looks Korean enough to you, say yes and stamp his document. If a Taiwanese client wants you to stamp a loose piece of paper because their government requires such a Yestary act, you can do it as a Yestary, but not as a Notary. Because a Notary’s job is to say No!

But, what if they won’t pay your travel fee if you say no? It is actually illegal in many states for a Notary to notarize a document in which they have a beneficial or financial interest. I feel that if the Notary will not get paid a travel fee if they refuse to notarize, then they now do have a beneficial interest of a sort and would be willing to break the law so they would get paid. Get your travel fee up front before you see the signers or the documents or the identifications. That way if a signer isn’t there, or if the name on the ID is not matching, or some other problem, you can forfeit your Notary fee, but still get paid for your trip. Remember, your job is not to please the client, but to uphold the law even if that means hurting someone’s feelings by saying no. Hurting someone’s feelings is better than going to court as a result of facilitating fraud or having your commission revoked!

One last note, it has been reported that some Yestaries have gotten a rare intestinal disease from saying yes too much to illegal requests. Some call it an illness, I call it karmic retrobution. The disease is called “yesentery” and comes from ingesting unclean Notary requests. If you get this disease, just consult your doctor and take some prescribed antibiotics. Good luck!

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July 5, 2016

Credible Witnesses — The Process Explained

What is the process for using credible witnesses? First of all, not all states allow the use of credible witnesses.

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

One Witness or Two?
Some states will allow the use of one credible witness that knows the Notary and also knows the signer. Other states require the use of two credible witnesses. You need to know your state law to know what your state allows.

Knowing the Signer
The next question is, how well does a credible witness need to know a signer in order to swear under Oath that they know that person as a particular name? Most credible witnesses know the person as Joe, and have no clue what the last name is. They are swearing under Oath to something they were verbally told at the time of the notarization and they don’t really know Joe that well. In my opinion, credible witnesses should not be legal unless there is more scrutinizing to see how well they know the signer and how they learned the signer’s name before they were told at the signing what the Notary wants the signer’s name to be. Perhaps the Notary should ask the witness what the signer’s name is rather than telling them.

Journal Requirements
Credible witnesses must SIGN the notary journal, but NOT in the signature section. They must sign in the notes section. The Signer signs the journal in the signature section — get that straight! The Notary should write down the name, address, and driver license number of the credible witness as well.

Oaths
Finally, the Notary must administer an Oath to the credible witness(es) asking them to swear that the name of the signer is John Q Doe, etc.

Summary
The idea of having credible witnesses is the best thing that ever happened to the Notary profession. Using credible witnesses you can legally notarize a signer as Mickey Mouse or Ronald Reagan — and all without any form of identification. We recommend you take journal thumbprints of the signer for proof that the signer really is who they say they are just in case fraud is suspected. Most states do not require journal thumbprints, but take them anyway because you will get investigated one day — and perhaps by an investigator named Mickey Mouse.

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February 24, 2016

Notarizing John W. Smith

Recently, I have been calling many notaries over the phone and asking them Notary questions. The Notaries on 123notary typically are fairly strong about signing agent knowledge, but weak on basic Notary skills. Many Notaries are unaware that you cannot Notarize someone unless you personally know them (allowed in some states) or can prove their identity based on satisfactory evidence. The state laws do not always give case studies of tricky cases as the states don’t make it their business to make sure Notaries are understanding or obeying the law.

The example I give is:

You are asked to Notarize a person whose ID says John Smith. The document says John W Smith. Do you Notarize based on the name on the ID, the document, or cancel the signing.

The types of answers I get are.
(1) You always notarize based on the name on the document because that is the name on title.
Commentary: Unfortunately, the Lender won’t be able to sell the loan if the name notarized doesn’t match the name on the document. However, your commission can be revoked if you get caught notarizing signers based on names not documented in their identification. If the ID says John Smith, you cannot notarize a longer name variation in any state that we have heard of.

(2) Get a 2nd ID.
Yes, in real life, you would ask for another ID or perhaps try to get some credible witnesses if your state will allow for that. However, in our question , it is multiple choice, and asking for a passport is not one of the choices. This error falls more in the category of listening and following directions which is crticial in any profession.

(3) You can notarize a name that is matching or shorter than the name on the document.
Commentary: WRONG. You got the right rule, but in reverse! You can notarize a name that is matching or shorter than the name on the ID — NOT the document. If the name on the document is longer than the name on the ID, then you have not identified the signer as the person named in the document.

On a more humorous note. I think it would be funny if one of the Notaries I called was named John Smith. On the other hand, we have a customer named Pocahontas. She’ll probably laugh when we talk about Notarizing John Smith. But, don’t worry, OUR Pocahontas is over 12 years old — or at least that’s what her ID says!

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June 29, 2015

Unique phrases from the Ninja course

Filed under: Your Notes Section — Tags: , — admin @ 11:04 pm

Here are examples of unique things our notaries have said:

(a) I specialize in services for high-profile figures and celebrities: confidentiality and respect for privacy.

(b) I’m the original mobile notary of Jefferson County.

(c) My bag is always packed and by the door ready for your call.

(d) We work with a mobile laptop allowing us to perform your closing as though you were there–when you can’t be.

(e) I introduce the critical documents before the signing begins to make sure that we are all on the same page. (no pun intended)

(f) I am a bar tender turned notary public. Small talk & signings. I give feedback right away, and you will know within SECONDS if your line of credit is on the rocks. I’m experienced with every type of loan signing and have completed 5000 signings to date. All I need to know from you is — shaken or stirred?

(g) I am always happy and others tend to become happy when around me. My extensive signing experience allows me to know exactly how to handle any type of situation that comes up in a loan. I have seen it all from name discrepancies between documents & identifications, wrong figures in the HUD, unwilling spouses, you name it.

(h) I always place my clients’ interest before mine.

(i) Former cop turned notary. I keep the clients at ease even in the most turbulent situations as that is part of my professional training. I understand all notary laws and loan signing procedures and give thorough descriptions of the documents before beginning the signing. I often ask, “Would you like to just begin the signing, or should I read you your rights… I mean go through the documents first?” Fingerprinting the borrowers is no problem either. I just tell them they are being booked. Call me for an arresting experience!

(j) I give each job 110% and my track record proves it.

(k) As a former bar tender, I have my own name for each type of signings. 1st & 2nd combos: I call them double mortgages. Then, there is the VA cocktail and the FHA spritzer. For a better rate on signings, call me during happy hour!

(l) I am a transplanted Native New Yorker with Southern charm.

(m) Technology is my soul. I am the notary of your choice. I think three steps ahead.

(n) With a background in stress management, I notarize accurately and in a relaxing manner.

(o) I continuously do on-line webinar education to stay abreast of the ongoing changes in the mortgage loan industry.

(p) Most of my business is repeat business. Many borrowers informed me that their signing with me was the easiest part of the loan process. Dozens of frustrated borrowers told me that if I had not been there, that they never would have completed the signing.

(q) We cover 19 counties in the mountains with two notaries two 4 wheel drive vehicles, both with GPS. We go places you don’t even know exist and get your loan closed!

(r) As a funeral home owner, I am used to somber occasions like loan signings. People enjoy my morbid sense of humor. Call me seven days a week, but not before 10 am, because I am not a “mourning” person.

(s) We are part vampire and never sleep. Call us for your late night signings. We’ll bring the Dixie cups for our night-cap after the signing is over.

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