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August 29, 2014

Notary Information for Beginners – Best Posts

Filed under: Beginners Corner,Loan Signing 101,Popular on Facebook (A little),Popular Overall,Public Interest — Tags: — admin @ 11:02 pm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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November 4, 2013

Notary Journals from A to Z

Filed under: Comprehensive Guides,Journals,Technical & Legal — Tags: , , , , — admin @ 2:44 am

Not all states require a notary public to keep a notary journal. However, we recommend keeping one for all notary acts simply because it is your only evidence if subpoenaed to court or investigated. The purpose of a notary public is to identify signers and deter fraud. If you don’t keep proper records of notary transactions, several years after the fact, you will have no way to investigate whether the transaction was fraudulent or not. A prudent notary keeps a bound and sequential notary journal and keeps all transactions logged in chronological order.

Information recorded in a journal entry:
Date & Time — i.e. 12:04pm
Type of Notarization — i.e. Acknowledgment, Jurat, Oath, etc.
Document Date
Name & Address of the Signer
Identification of the Signer — i.e. type of identification or credible witnesses
Additional Notes
Signature of the Signer
Notary Fees
Thumbprint of the Signer

Q&A
Q. If I am doing a notarization near midnight, what date do I put on the transaction?
A. Date the transaction based on when the signer signed the journal which happens at a point in time rather than a range of twenty minutes which is how long a notary transaction could take in its entirety.

Q. What do I put in the additional notes section?
A. If you are pulled into court several years after the fact, good notes in your journal might help to remind you about the notarization. You could describe the building, or unusual features of the signers or their behavior.

Q. If I’m doing a loan signing for a fixed fee, how do I document the notary fees?
A. Most notary jobs involve one or two notarized documents and there is a fee per document. If doing a package deal, try to divide the fee for each notary done, or just indicate the total fee for the signing. The important thing is to keep accurate documentation.

Q. Is it important to take journal thumbprints?
A. Yes. Identification documents can be falsified, but you cannot falsify a thumbprint before a notary. You should ideally take a flat impression from the signer’s right thumb for your journal thumbprint. Additionally, I have never heard of a falsified thumbprint ever being used. A thumbprint can keep you out of court as it proves the identity of the signer. I was once investigated and the investigation ended two seconds after I mentioned that I had a journal thumbprint of the signer.

Q. How do I store my journal?
A. You current journal should be kept under lock and key when not in use. Some states require this by law, but it is recommended for all states. Keep fully used journals in a safe storage spot somewhere.

Q. How long do I keep my journal?
Keep your journal until the end of your notary commission. Some states want you to submit your journals to the secretary of state’s office or county recorder when your term is done if you don’t renew. Each state has their own rules, so please ask your state’s notary division.

You might also like:

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

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

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November 3, 2013

Notary Seal Information from A to Z

Filed under: Become a Notary,Comprehensive Guides — admin @ 1:43 am

Notary Seal Information

Some states require a commissioned notary public to have a notary seal / notary stamp while other states do not. Each state has rigid requirements for the exact dimensions of the seal, the color of ink, the border of the seal, as well as what wording is on the seal.

The notary name on the seal
Typically, the name of the notary as it appears on their notary commission should be identical to the name on the seal. Some notaries have nicknames or name variations. Female notaries often get married and change their names as well. This is a source of confusion. If you change your name, you might be required to get a new notary commission and seal in many states. Please contact your state’s notary division if you are planning on changing your name.

Information on the seal
Most states require the notary’s name, the words Notary Public, the words State of ____, the Notary commission number, and the commission expiration date.

Embosser or regular seal?
Some states allow the use of an embosser which looks like a metal clamp. Some embossers are used without ink as a secondary seal (allowed in many states — ask your notary division for details)

Storage of your notary seal
Rules vary from state to state, but it is required in some states that your current journal and notary seal be kept under lock and key.

Types of seal borders
Seals might have a serrated or milled edge border. Some states might allow a rectangle made of four straight lines to be the border.

Seal Maintenance
Be careful with your notary seal as they can be damaged from misuse. Keep replacement ink in stock just in case your seal needs to be re-inked. It is common for an active notary to add replacement ink to their seal once a year or so. Many states require the destruction of a notary seal at the end of a notary’s term so that it will not be used fraudulently.

Seal Impressions
The notary public should take care to leave a clear seal impression when doing notary work. If the seal is too light, smudgy, or has missing corners, the notarization could be rejected by a county recorder, bank, lender, or other agency.

Do all notary acts require a seal?
Most notary acts do, such as Acknowledgments and Jurats. But, sometimes you will need to do an Oath with no accompanying paperwork. Make a note in your journal that you are administering an Oath. Have the Affiant (Oath-Taker) sign your journal, and administer the Oath. There is no seal required for an Oath by itsself. However, if the Oath is part of some other notary procedure such as a Jurat, or swearing in credible witnesses, then the notary paperwork being used would need to be stamped.

States that require a notary seal
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

States that do not require a notary seal
Kentucky, Louisiana, Maine, Massachusetts, Michigan., New Jersey, New York, Rhode Island, Vermont These states have specific requirements if you choose to use a seal anyway.

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September 2, 2013

Notary Perjury and Oaths

Filed under: Legal Issues,Notary Acts & Certificates — Tags: , , , , , , — admin @ 3:08 am

Notary Perjury

What is Notary perjury? Is that when a notary lies under Oath or when an Affiant lies under Oath to a Notary Public or other state official? In real life there is no such thing as Notary perjury — there is only regular perjury. Don’t get caught lying under Oath — tell the truth!

Penalty of perjury
If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. Lying under Oath is a Felony and Federal crime punishable by jail time of up to five years. The problem is that Notary Oaths are not always very clear. The Notary might have you swear to a document, but what are you actually swearing to? Are you swearing that the document is true, or that you will follow the terms in the document, or both?

What types of things do people lie about?
People might lie about what their legal name is. Sometimes people want to use an alias. Sometimes the name a person has on the Title of a property might not exactly match the name on their identification document which could cause a lot of confusion and legal issues. Another common lie that I might have been told for years (no evidence either way) is on the Occupancy Affidavit. Borrowers can get a discounted interest rate if they claim to live in the building (house) they are borrowing on. The Occupancy Affidavit makes that borrowers swear that they are residing in the property as their primary residence. But, it is common for borrowers to lie and be using the property as an investment property or second home — an example of “Notary perjury”.

People don’t always take the Oath seriously
My biggest objection to being a notary was that people didn’t take Oaths seriously. I sometimes had to ask people multiple times to raise their right hand all the way up — no, not two inches up — all the way up. Mumbling an inaudible “yes” just doesn’t cut it with me. I think that as a Notary Public, you should remind your Affiants of how serious and formal the Oath actually is. I would also tend to think that your Oath takers will be more likely to tell the truth if they are aware of how serious an Oath is and if they are aware of how they could be subject to penalties of perjury should they lie. I have never heard of anyone being punished for lying under Oath to a notary. I have only heard of people getting in trouble for fraud. But, keep people honest in any case! Being a Notary Public is a serious profession that protects the integrity of signatures and society!

You might also like:

Can a Notary get in trouble?
http://blog.123notary.com/?p=21429

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

When are you required by law to give Oaths as a Notary?
http://blog.123notary.com/?p=21017

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August 16, 2013

Notary Fines & Notary Penalties (gulp)

Filed under: Legal Issues,Technical & Legal — Tags: , , , , , , , , — admin @ 2:30 am

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

You might also like:

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

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

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June 6, 2013

Industry Standards in the Notary Business

Filed under: Loan Signing 101,Ninja Theme Articles,Popular on Facebook (shares),Popular on Facebook (very) — Tags: , , , , , — admin @ 1:53 am

Many notaries claim to understand the loan signing business well. But, there are many things that even experienced notaries don’t know. Here are some industry standards to think about.

(1) Cross outs
Some lenders allow them while others don’t. As a best practice, avoid crossing anything out unless you have gone through all other recourses without any luck. You should ask your contact person if they think it is okay to cross-out before doing so. If you can’t reach your contact person, see if that company allows cross outs. Remember, even if a company allows cross outs, it can compromise an entire loan and cause a redraw. So, don’t be “Cross-out-happy”.

(2) Initialing
This topic is not well taught, but really matters. I have received instructions that are identical from two unrelated parties. One was a processor, and the other was the owner of a signing company. Both instructed me that if a surname is spelled incorrectly in the signature section of a document, the initial goes UNDER the name. The processor noted that it should ideally go under the last several letters of the surname. Why? The processor or quality control people involved in the loan need to type in the corrected version of the name, and if you put initials where they are going to type, they will run out of space. This is a practical consideration and not a legal one. Initials go UNDER, so that retyped names can go to the RIGHT. This is a test question by the way.

(3) Order of documents
Most companies like documents returned in the same order they were submitted. Some are more flexible than others about this, but it is easier and more organized for them. That way they will know right away if they are missing something. Checks or notes should go on the TOP of the package and ideally attached to an 8.5 x 11 document so they don’t float away if unattended. Gusts of wind and careless coworkers walk by, bumping into things, and sending loose documents flying. I remember a client who lost a $20,000 check that I specifically remember putting in the package. Hmmm. Be careful — I am!

(4) Unsigned documents
If a borrower won’t sign a document, it should be returned at the TOP of the package. You don’t know who will open the package. Often it is a secretary, assistant, co-worker, or someone other than the contact person. If they don’t realize immediately that there is a problem, then there will be a delay fixing the problem. Remember — these folks are multitasking, and your loan is not the only one. Although you told them in a phone message that there is a problem, they still need the problem to be in their face.

(5) Hustling the borrowers
If a borrower doesn’t want to sign a document, don’t start off by pulling a “used car salesman” tactic. Call the contact person you have, i.e. Title, signing company, lender, etc. Leave a message, and allow 20 minutes for them to call you back. Call them once more if you don’t hear from them and wait another five minutes. If you still don’t hear from them, then you can tell the borrower about their three day right to cancel, and how if they don’t sign the document they might be facing a redraw. Remember, don’t start off by twisting the borrower’s arm — that is a last resort and is very rude and unprofessional to start off that way.

(6) Fedexing back the documents
If there is a problem communicating with the lender or other contact person, don’t delay Fedexing documents back unless instructed to. Many signers feel that it is “professional” to hold on to the documents until the next day until right before the Fedex deadline. Guess what, you might hear from the lender with instructions or you might not. But, what if you get busy and FORGET to dump the Fedex? What if you or a family member has a health emergency and you can’t drop the Fedex? Do you think of these things? Get rid fo the Fedex THAT NIGHT into the drop box at a staffed Fedex station if possible even if the staff are no longer there. It will get picked up. Remote drop boxes are sometimes risky, but boxes at Fedex stations are very safe. Think when handling time sensitive documents.

(7) Emailing documents back
If you get e-documents and have a question, don’t scan and email a document back. That is NOT secure. A hacker could do identity theft. Lenders are very uncomfortable with the idea that a notary would compromise their information. Use a phone or a fax, but not email for sharing information about the borrower. Remember, that when you received the documents, the portal was PASSWORD protected.

(8) Instructions
Many lenders have a letter of instructions when they assign a loan. The industry standard here is that there is no standard. Some lenders give written instructions while others don’t. Each one wants something different. Follow instructions to a tee, and you will be first on their list.

(9) Explaining things to the borrowers
If you are NOT in an attorney state, you can explain generic information about documents to the borrowers. But, do not give specific information about their loan, specific answers to questions about their loan, or commentary particular to their loan. Not allowed. Don’t even tell them their Rate. Just point and say, “Is this what you asked about?”. That way you are carefully refraining from telling them anything which they could accuse you of misstating after the fact.

(10) Confirm the completion of the signing with a tracking #
When you are done with a signing, leave a message with the Fedex tracking number.

(11) Title & Escrow prefer blue ink
I always used black unless specifically asked to use blue. But, many lenders nationwide prefer blue ink so that they can identify an original from a B&W copy immediately.

(12) Take the Fedex to a HUB.
Remote drop boxes are a recipe for disaster. Title will be all over you if the documents don’t get back on time. Find out where all of your local Fedex stations are. You could lose your best client if the documents don’t get back on time. Get a receipt too and save yourself a lot of problem. Not an industry standard, but it SHOULD BE.

(13) 40% of signing companies say: Don’t call the borrowers.
If you don’t call the borrowers, they won’t know that you are coming. Half the time, they won’t be ready for you either. So, unless you are absolutely sure that the company will pay you if the borrowers don’t sign, then think twice.

(14) Sign exactly as the name is printed
What if the identification doesn’t have the same name variation? Your Secretary of State might not take kindly to the fact that you notarized them under a name that is substantially different from what their ID reads. Proceed with caution and use a Signature Affidavit if necessary. Make sure that middle initials are clearly signed too so that the lender can sell the loan. If any part of the signature looks like it is omitted, reselling the loan will be a problem.

You might also like:

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

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

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May 9, 2013

What is a notary public?

Filed under: Popular on Twitter 2013,Popular Overall,Public Interest — Tags: , , , , , , , , , — admin @ 5:17 am

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

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You might also like:

Notary Public Information 2018 Edition
http://blog.123notary.com/?p=20075

Notary Public 101 Real Life Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

10 Risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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September 18, 2012

Notary Stories From the Edge

Filed under: Ohio Notary — Tags: , , , , , , — admin @ 9:45 pm

Rarely, but sometimes, a notary signing agent will meet people who try to give him or her an unacceptable ID…or people who claim they really do not need an ID at all– because they do not want to sign! An ID must be government-issued; unacceptable forms of ID are fishing licenses, YMCA cards, or medical marijuana cards. Gun permits are government issued, and in some states are the most popular form of ID. You may have read elsewhere here about the mistress who actually had a fake ID made up so she could pass as the man’s wife and they could take all the money out of the home (!). Being sure people are who they say they are can be a real challenge, it seems.

The most unusual situation I’ve heard about is the time that, when asked for his ID, a borrower bragged–foolishly–to an Ohio notary signing agent that his identical twin had once gotten a driver’s license for him! He went to the Bureau of Motor Vehicles, posed as his brother, and obtained the license. Our Ohio notary signing agent reports, “This twin I was doing a signing for thought this ‘joke’ was quite funny, and then proceeded to tell me another notary had laughed about it, too…and had presumably accepted his ID without question…but,” says our cautious Ohio notary, “I then made this borrower take an oath that the identification he presented to me was in fact his driver’s license obtained by him–ditto his passport! Otherwise, it would not only be an unacceptable ID; it would be mortgage fraud! I also notified the mortgage company, and they agreed I had done the correct thing by asking the man to take an oath. Of course, this all made a dandy entry in the ‘unusual circumstances’ section of notes in my notary journal, where I recorded the details and the fact I had him sign an oath. I also sent an original page entitled ‘closing notes’ and included it in the package with the documents. I get a lot of work referred to me from this company now because they were impressed by my way of thinking and handling this guy.”

“Sometimes,” says another an Ohio notary signing agent, “I have come across a non-borrowing spouse who does not want to sign. These are often angry people who do not want the spouse to get the loan. In the presence of an Ohio notary, the non-borrowing spouse is usually required to sign the deed of trust; the truth in lending agreement;the itemization of the total amount financed; a document correction statement; an agreement about fees due; and the right to cancel. There may also be affidavits…so it’s always best to check with the title company. In any case, there have been many arguments between spouses where one does not see why he/ she has to sign, or one spouse does not want the non-borrowing spouse to sign and seems ready to dissolve the marriage!

One wife ended up walking out on her husband because he found out how much money she had spent–and why she was refinancing. The moment of truth! One husband punched a hole in the wall when he found out how much his wife had spent. Scary! It is always necessary to write it down in notes in your notary journal–and call the loan officer or a legal adviser–when there are any issues that prevent the signing from happening.”

Another Ohio notary told us, “One time when I asked for copies of a signer’s ID, she got nasty. She was the non-borrowing spouse, and she hated her husband; I can’t print here the awful things she was saying about him. It made me feel really uncomfortable. She also made sure there was no room to sign at the table, and then she put a huge glass of Coke on the table–right next to the documents. I was expecting her to knock it over any minute. When I asked her to be careful, she went to the refrigerator and added even MORE Coke to the glass until it was filled to the very brim. She took a sip– then refused to sign at all and started cursing. Then, I called the loan officer. After he got her all calmed down, we signed everything– but I had to go back the next day because an attachment was missing! The minute I drove into the driveway, she started cursing at me that I was wasting her time: “Are you STUPID?” was her greeting. As an Ohio notary, what did I learn from all this? Always check out the people really well before you take a job. If they seem at all irritable or peculiar, figure out if you really need this particular job.”

You might also like:

I’d rather stop being a Notary than carry a gun
http://blog.123notary.com/?p=15896

Have you ever been tempted not to go into a borrower’s house?
http://blog.123notary.com/?p=15369

How weak are you with sob stories at the signing table?
http://blog.123notary.com/?p=22181

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June 5, 2012

How to find a bilingual notary public

Filed under: Find a Notary — Tags: , , , , , , — admin @ 12:40 pm

How to find a bilingual notary public

How to find a bilingual notary public Many states prohibit a notary public from providing notary services to someone who they can not communicate DIRECTLY with. This means no translators allowed. Therefor, if you have a signer who does not speak English, you will need a bilingual notary public to notarize their signature.

Notaries who advertise as bilingual.
Many notaries advertise themselves as bilingual. Some don’t even specify which two languages that they speak that makes them bilingual. Most people would guess that the pair of languages would be Spanish and English. You will find native speakers of Spanish, children of Latin American immigrants, and home-grown Anglos who will claim to be bilingual — but not all claims were created equal.

Some people are proficient in both languages enough to be a certified translator. Some can speak, but can’t write. Many can communicate on a simple level in their second language as well. The notaries you have to watch out for are the ones who know only a few words of Spanish and promote themselves as bilingual notaries to get a few extra jobs, when they clearly are causing more trouble than anything else. Test your bilingual notary out on the phone If a notary claims to be bilingual, half of them have a translator in the back room who is not always there and not always available. That is a semi-fraudulent claim of bilingualness if you ask me! Others can not function in the language if your question goes beyond, “How are you, and what is your name?”. Talk to your bilingual notary on the phone and see how capable they really are.

Test them before you book them in your calendar. How do I find a bilingual notary public? 123notary.com has a wide selection of bilingual notaries speaking every language from Amharic, Arabic, Armenian, Chinese, Farsi, French, German, Hebrew, Hindi, Italian, Japanese, Korean, Portuguese, Russian, (American) Sign Language, Spanish, Tagalog, Vietnamese, and Zulu (not necessarily in that order). Just do a search, and on the upper right hand side of the page you can filter your search by typing in the name of the language. There are actually speakers of many more languages than mentioned above, but those are the common ones. We even had one or two notaries who spoke Chaldean, Tigrean, and Twi among other languages. Don’t use the term Notario Publico The Spanish term Notario Publico is very different from the American position of Notary Public. Notaries are forbidden from using the Spanish term in their advertising in most states. American notaries are forbidden from giving legal advice and are of a much more common position than a Latin American Notario which is a position almost as high as an attorney.

You might also like:

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

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

Bilingual Notaries, how often are they needed?
http://blog.123notary.com/?p=238

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

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May 23, 2012

Where do credible witnesses sign the notary journal book

Filed under: Credible Witnesses,Journals — Tags: , , , — admin @ 12:26 pm

Where do credible witnesses sign the notary journal (register)(book)? 

Some states require notaries to carry an official journal of notarial acts while others recommend it, but don’t require it. Some states call the journal of notarial acts a journal, while others call it a registry or a book.  The main thing to remember, is that a good notary journal must be bound and sequential. Each entry must be in chronological order.  Different journal manufacturers make journals differently.  I recommend getting one with a thumbprint section and space to write notes. Most states don’t require notaries to take thumbprints, but for your security as a notary, you need thumbprints to keep you out of court if anyone questions whether the signer was a fraud or imposter.  Thumbprints are a better proof of identity than any other means.
 
The credible witness signs the notary journal in the additional notes section!
They do NOT sign in the signature area!!!  Signature areas are for the document signer, and only one document signer can sign in a particular journal entry’s signature area. If there are two signers, then make two journal entries!  The credible witness must sign in the notes section because there is blank space there.  You should document the credible witness’s identification, phone, and address to be thorough.
 
The notary needs to administer an Oath to the credible witness where the credible witness must swear to the identity of the signer. Make sure the credible witness really knows the signer well, otherwise they are not really qualified to identify someone that they know only as “Ralph”, and don’t even know his middle or last name!

You might also like:

Notary Public Journal
http://blog.123notary.com/?p=21409

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

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

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