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February 2, 2021

Expressing yourself as a Notary for marketing purposes

Filed under: Your Notes Section — admin @ 1:34 pm

Business is booming for us after seven slow years. What a relief. We are getting a lot of new blood finally and it feels good. The newbies seem to have the same problem describing themselves as the people who preceded them.

Many Notaries want to tell the world things that count against them. Here are some:

1. I shadowed with such and such a Notary.
If the only experience you have is shadowing Penelope, then perhaps the person looking at your profile should hire Penelope, and not you. Shadowing is best left unsaid unless that is in addition to certifications from known agencies.

2. I became a Notary two months ago.
This makes you look like a real novice, wastes space, and counts against you. If someone asks, you can tell. But, you need to give people why they should use you vs. reasons why they should avoid you.

3. I am working on the Notary2Pro course
Notary2Pro is an excellent certification course. We recommend them highly as they do well when I quizzed them several years ago. Carol gets back to people fast with answers to their questions. But, let the world know once you have finished it. Nobody likes a half done job. We sell ten certification courses for every person who attempts the test, let alone who passes it. Buying a course doesn’t make you valuable, passing the test does.

4. I have 25K E&O but will soon be upgrading to 100K.
Don’t tell us what you will be doing, tell us what you have now, and then edit your listing once you have the higher Errors and Omissions policy.

5. I am background screened
By whom? Some companies like NNA and Sterling have a good reputation for background screening, others are relatively unknown and the procedures vary from company to company.

6. I am a Certified Notary Public from the State of Maine and I service Waldo County and do Refinances.
Once again, being “certified” means nothing unless we know who certified you. The testing standards and courses vary. 123notary has the hardest certification test. Pass ours and we will really respect you and you will get more clicks. The next problem is that you are mixing information about certification, your state of commission which is not necessary to put, as we assume you are commissioned in your state otherwise you can’t work. You next list your coverage areas in the same long drawn out sentence. I prefer to put certification(s) in one section with background screening and E&O. Then, in another section I put counties.

7. Hi, my name is Mary Smith
We already know your name is Mary Smith, it says that on the top of your listing. Why tell us twice? That takes up space when you could be telling us something else. The top of your notes section shows up in the search results. Tell us something that makes you stand out.

8. I travel
Everyone on our site travels, well almost. Maybe not the UPS stores and we have a few of them. But, the other 99% of Notaries do travel. People will assume you do.

9. I am reliable, responsible and punctual
Save it. Coming from you, that translates to — I am a novice, I have nothing to say about myself, so I will make unsubstantiated claims about how great I am with the hopes that the reader will believe me even though I have not demonstrated one ounce of credibility to anyone in this industry. Stick to the facts and let your clients put how great THEY think you are in your reviews, or pass my test.

10. I do all types of loans
Most people on my site claim that they know how to sign every type of loan. When I go through my list of 30 common types of signings most of which are Mortgages of one type or another, they typically do anywhere from 20-80%. I have yet to meet a 100%. So, basically, you are being vague, and deceiving the reader into thinking you really are experienced with every type of loan. List them one by one.

WHAT YOU SHOULD WRITE

Cold hard facts
Warm fuzzy “about you” descriptions

When you write about your skills, don’t omit the types of loans you know how to sign. It doesn’t hurt to mention you do refinances, Helocs, purchases, etc., But, 99% of Notaries out there can do those. Do mention it, but focus more on what you do that makes you special. If you are familiar (define familiar) with REO, USDA, Annuities, Applications, Reverse, and Debt Consolidations, that makes you more unusual. Most Notaries have either never done a Reverse Mortgage, or a Debt Consolidations, and the ones who have, typically don’t like doing them and half of the ones who have done them say they don’t want to do any more of them.

We think you should write briefly about your certifications (mention by whom you are certified), memberships, background screening, E&O insurance, and professional background. Don’t write a novel on your award winning Real Estate career. If it is so great, why are you a Notary in the first place? Wouldn’t you be busy selling houses unless you got tired of it? Mention that you do Real Estate, but not more than a sentence or two maximum for best results.

Warm and fuzzy descriptions are hard to teach. But, anything unique that has a nice feel to it about you will look really good. The readers are tired of cliche sounding notes sections. Seen one seen them all. If you have a classy line or joke, that sometimes can do well — it depends, but is worth trying.

We have many good articles about notes writing in the “your notes section” category of our blog. It is well worth investing a few hours taking notes on our suggestions about notes!

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November 30, 2020

What do people like about being a mobile notary?

Filed under: General Articles — admin @ 5:59 am

There are many reasons why someone would become a mobile notary. There are also other reasons why a person might continue to be a mobile notary. Here are a few.

1. Work your own hours
Are you tired of the 9-5 hussle and hassle? Working your own hours is great. You can also do other gigs between notary jobs, or take other gigs when there normally aren’t any notary jobs. You can also work a part time or full time job and keep doing signings.

2. Drive
Some people were born to be on the road (again). If you love to drive, being a mobile notary will keep you busy. You can work on the road, eat on the road, and just remember not to sleep on the road as that might be dangerous.

3. Meet new people and then notarize them
It is like being in the armed forces. Go to foreign countries, meet new people and then kill them. Instead of killing them, you notarize them — it’s the next best thing — trust me. You will meet people from all walks of life. You will know every end of the spectrum of middle class (boring) as well. Just like a snobby British upper class lady once said, “A marriage made in middle-class — how pedantic.” And then the sarcastic New Yorker said, “She could have done worse.” So take your pick. You can also meet criminals, kidnappers, arsonists, frauds, strippers, porn actresses and more. But, for the most part you will meet very “pedestrian” middle-class Americans who are so boring that you should have a cup of Joe before the signing to ensure you don’t fall asleep. On the other hand if boring is your thing — you will meet the right demographic. On a brighter note, if you live near a fun town like Santa Monica or Hollywood, you might meet more fun people.

4. Deter fraud
It brings meaning to my life to be part of reducing the amount of fraud in this world. Fraud creates uncertainty and suffering and the angels would prefer that we keep our world clean and orderly and that is why I believe they chose me to run this directory as I try to keep things ship shape. Notaries who are thorough make it very hard for frauds to get away with anything. Using that raised seal embosser on every page of every document you notarize, checking ID’s carefully and thumb printing makes it hard to do anything suspicious.

5. Reading our blog
Some Notaries like being a notary just so they have a legitimate excuse to read our zany blog. Yes, the comedy articles on the blog make the whole nightmare of being a mobile notary all worth it in the end. Laugh your way to success.

6. Money
Believe it or not, some people make good money in this profession, or at least used to. And others make a good supplement to their income too. If you are efficient allocating your time, you can make good money at least on an hourly basis. You should see what Carmen rakes in for very quick jobs taking less than an hour from door to door.

7. Retirement
Being a mobile notary is a great way to spend your retirement. It is hard to work full-time as an elderly person, but as a notary you can work as much as you feel up to it.

8. A good job after you have been in Mortgage
If you were in Mortgage for years, being a mobile notary is a natural continuation as your knowledge will carry over to a particular extent as a notary.

9. Stamping
Some people find it theraputic to stamp things, and as a notary, that is what you do every day. It might make you feel official.

10. Reading up on legal aspects
Being a Notary means you have to read up on the legal aspect of being a Notary Public. You need to know all of the identification procedures and all of the various notary acts. There is a lot to know and many people enjoy learning the legal distinctions. And then there are others who are so afraid to commit UPL that they fail to learn Notary law themselves and end up committing crimes out of ignorance on a daily basis. You might like giving Oaths too — I swear! Hmmm.

So that concludes my little article on why you might like being a mobile notary. I hope that you all now see the positives in your career and don’t regret being in this profession.

You might also like:

Certain things you don’t learn from experience
http://blog.123notary.com/?p=22572

Is prioritizing a skill a notary should have?
http://blog.123notary.com/?p=22291

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

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November 24, 2020

Notary IQ Test: 123notary is to Snapdocs what…

Here is yet another Notary IQ test to test your Notary knowledge and thinking skills.

1. A Jurat is a Notary act that:
a. Has to be sworn to.
b. Has to be signed in front of the notary and sworn/affirmed to as opposed to an Acknowledgment which doesn’t have to be signed in front of the notary.
c. Has to be affirmed to. It is bad to ask people to swear as that might offend certain people.
d. Requires a Jurat certificate and an Oath or Affirmation.

2. Acknowledgment is to Jurat what:
a. A pre-fab home is — to a home that is built on site.
b. A chicken that has an egg inside it and then lays it — to a stork that brings your baby.
c. An Oath — to an Affirmation
d. A venue — to a certificate.

3. An Oath is to an Affirmation what:
a. Traditional is to politically correct.
b. God is to your personal honor
c. A New Yorker says in traffic to what a Millennial in California says at a formal appointment of office.
d. Choosing God to Choosing your diety of choice (pick option 4 for Lord Krishna).

4. A Mobile Notary is one that
a. Lives in Mobile Alabama
b. Used to live in Mobile Alabama
c. Travels to jobs
d. Charges a travel fee.
e. Prefers to book jobs at Starbucks… his “office” so he can have mocha-java while waiting for clients to show up. Sounds like the modern day Fonz having an “office.”

5. 123notary is to Snapdocs what
a. Source of information about real Notaries — to source of information about sad excuse for Notaries.
b. Directory is to Portal
c. Old school vs. High Tech
d. Public reviews vs. Thumbs up or thumbs down.
BTW, I just had a glass of 14 hands Merlot at a restaurant. The waiter asked me how I liked it and I said, “14 thumbs up, but not necessarily from the same seven hands.”

6. NNA is to 123notary what
a. One stop shopping is to advertising and signing agent training
b. Conferences are to blog articles and phone sessions with Carmen
c. A good source for ammunition is to a good source of higher paying Notary leads. (or am I confusing them with the NRA? — sorry, old joke.)
d. A big company where you don’t get to know the staff personally vs. a small company where everybody knows Jeremy & Carmen, but not Raymond.

7. The additional / optional information section on an Acknowledgment is critical because
a. It is good to show you are thorough
b. Jeremy says so
c. You can identify the document in multiple facets on the certificate so that it would be obvious if the certificate were swapped out to a different document.
4. To prevent someone from using the certificate on another document.

8. The most effective use of an embosser would be
a. To create a raised impression on all pages of every document you notarized to detect page swapping after the fact. Also, to prevent page swapping onto other documents that were not notarized by you.
b. To create a really large Oreo cookie.
c. To look hype when you arrive at a notary appointment — check out my embosser yo! Stainless!
d. You could use it as a weapon in case the signer tries to attack you — hey, it happens.

That is all for today students. I hope you enjoy our quiz. You can discuss potential answers in the comments or read Notary Public 101 to learn how I would answer some of these.

You might also like:

Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

The lady who studied 30 hours for her elite test
http://blog.123notary.com/?p=21238

Notary Aptitude Test
http://blog.123notary.com/?p=15853

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November 23, 2020

Notary Test about Notary acts and more

Filed under: Technical & Legal — admin @ 9:41 am

Here are some test questions for you guys to see who’s got it and who has been faking it all this time.

1. In an Acknowledgment, who acknowledges what?

2. In a Jurat, does the signer swear that they:
(a) Signed a particular document and that they agree to it
(c) Are the person who they claim to be
(d) All of the above

3. If a document was signed on March 1, 2001, and today is March 2, 2020, what type of notary act can you use to notarize the document without having it resigned?

4. When administering an Oath to an affiant, after having the affiant raise their right hand (or paw) the Notary should start with the words:
(a) I solemnly swear
(b) Do you solemnly swear
(c) Do you affirm
(d) I solemnly affirm

5. What is the difference between an Oath and an Affirmation?
(a) In an Oath you swear; In an Affirmation you Affirm;
(b) They are essentially the same
(c) In an Oath, the affiant swears under God; In an Affirmation the affiant affirms on their personal honor;
(d) In both acts the affiant makes a solemn promise

6. A proof of execution is an act where the principal signer:
(a) Does not show up
(b) Must show up because the signer must show up for all notary acts
(c) Does not show up, but has someone show up for them
(d) There is no such act.

7. If you have two names on an Acknowledmgent (John & Sally) but Sally cannot make it, what is the most pressing benefit to crossing her name out on the form rather than using a fresh form.
(a) Your recording fees will not be affected
(b) There is less danger of the new form being detached and used fraudulently
(c) It is easier
(d) It will look better in court because it is “cleaner” than using a new form and stapling it to the document.

8. If you are notarizing the signatures of three people each on ten Grant Deeds, how many journal entries should you use?
(a) 1
(b) 3
(c) 30
(d) 13

9. If you are notarizing the signatures of one person on five Grant Deeds, how do you differentiate the Deeds in your journal?
(a) Indicate the property address
(b) Indicate the APN number
(c) Indicate the document date
(d) Just say, “Grant Deed” in your journal entry(ies)

10. If you are at a loan signing and have a question about a notarization…
(a) You should ask title
(b) You should ask the lender
(c) You should ask the NNA
(d) You should ask your state Notary division

Summary
These are very important notary questions. Answering them correctly will help you know your job and reduce your chance of ending up in a sticky situation. You can consult our Notary Public 101 course on the blog to look up content regarding these points although we don’t address these specific questions in particular.

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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November 7, 2020

A comprehensive guide to Notary organizations

Originally published in 2016

Are you a Notary? Do you want to join some Notary organizations? There are many of them out there. Some help educate Notaries while others have helplines or hotlines. Some sell Notary supplies while others help Notaries advertise their services.

123notary.com
http://www.123notary.com/
123notary.com has been around since 1999 and helps Notaries advertise their Mobile Notary services online. Title, Escrow, Signing Companies, Attorneys and individuals love using 123notary to find some of the best trained and most experienced Notaries anywhere. 123notary also sells loan signing courses and has a very entertaining and informative blog. Check out their list of signing companies with reviews to see who you should and shouldn’t be working for.

National Notary Association
https://www.nationalnotary.org/
The NNA has been around since 1957 as a California Notary Association to help Notaries with educational resources and tools. In 1964 it became a National Association. NNA sells Notary supplies, errors & omissions insurance, education to help pass the Notary exam and become a signing agent, andmore… Advertise your signing agent services on signingagent.com

Notary Rotary
http://www.notaryrotary.com
Notary Rotary has been around for decades and offers a very potent way for Notaries to advertise their services. They also sell seals, and E&O insurance. Signing Agents can place an add and get found based on how close they are to the zip code being searched for.

SnapDocs
http://www.snapdocs.com/
This organization makes it easy to find newer Notaries who work for cheap as well as providing a system for downloading documents. More seasoned Notaries are complaining that SnapDocs is contributing to the lowering of fees in the industry. We recommend this organization for newer Notaries who want to get their foot in the door.

American Society of Notaries
http://www.notaries.org/
ASN offers a phoneline for technical support just in case Notaries have a question while on the job. They also sell Notary supplies and more.

American Association of Notaries
http://www.notarypublicstamps.com
Buy your stamps from the AAN!

Notary Café
https://notarycafe.com/
Notary Cafe is a smaller directory of Notaries that seems to specialize in the more serious Notaries. We do not have records to show how popular their directory has been in the last few years, but they have been popular for a long time.

Pennsylvania Association of Notaries
https://www.notary.org/
Need help becoming a Notary in Pennsylvania? Try this organization.

California Association of Notaries
http://www.calnotaries.com/
This is yet another Notary directory.

.

You might also like:

Snapdocs — see our feed for posts about this company
http://blog.123notary.com/?tag=snapdocs

The Towles Booth (pronounced Tolls)
http://blog.123notary.com/?p=9456

Why the Notary industry went South
http://blog.123notary.com/?p=16500

.

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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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 _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

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

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

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

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October 17, 2020

13 ways to get sued as a Notary

Originally posted in 2017

Many people become Notaries to make a few extra bucks and don’t realize there are liabilities in this profession. Here are some ways you can get into trouble as a Notary.

1. You name your business a particular name, advertise with that name, but the name is not registered with your county clerk. Someone could sue you for using their business name.

2. You notarize loans in an Attorney state and the local bar association sues you. This has happened to a few Notaries in Massachusetts, and in Georgia the bar association antagonizes Notaries from time to time.

3. You make a mistake on a signing and your E&O doesn’t cover you. E&O is for NOTARY MISTAKES and not for business mistakes you make with loan signing. If a document is not notarized, your E&O will not cover your mistake. For example if you sign the note wrong, that is not a Notary mistake, that is a document signing mistake.

4. You return documents back late and the Lender sues you because the borrower lost their lock.

5. You make a comment to the borrower about their loan, they cancel, and then the Lender blames you and sues.

6. You decline to Notarize someone whose name on the ID does not match or prove the name on the document. One Notary did exacty this and got sued and lost because her communication skills were so bad, but judge could not understand her side of the story.

7. You get in a car accident on the way to a signing and get sued as a result of the accident.

8. You make a mistake in a loan signing and then don’t answer your phone or email for days after. The Lender is pulling his hair out and sues you for his bill with Bosley hair transplants.

9. You don’t follow directions on an assignment. You don’t show the documents in the order the client asked you to. As a result, the client changes their mind about signing the document that will get the client their commission. The client loses $5000 because of you, sues you, and wins.

10. You forget to administer an Oath and your state fines you for malpractice. In California there is a $750 fine for each Oath you forget. Fining and suing are different, but the end is the same — you lose. Or should I say, I swear you will lose!

11. You give legal advice or something that can be construed, misconstrued as legal advice. Then, you get sued for UPL. If you give legal advice to a courier company you could get sued for UPL by UPS.

12. You put the wrong date on the Right to Cancel, the borrower thinks they have an additional day, and find out after the fact that they don’t. Good luck. You would be surprised how many Notaries do not know how to date a Right to Cancel.

13. You misrepresent yourself as an immigration expert and defraud some poor and helpless immigrants. Or you advertise as a Notario. You will be cracked down upon by many state governments for this.

.

You might also like:

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

A Notary gets sued because of a scrambled ID
http://blog.123notary.com/?p=19443

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Help, I’m being sued and E&O won’t help!
http://blog.123notary.com/?p=3570

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

Find Notary Services Near Me
http://blog.123notary.com/?tag=notary-services-near-me

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August 11, 2020

Online notary services – should the system be tested?

Filed under: Technical & Legal — admin @ 8:44 am

A bunch of states are in a huge hurry to implement online notary services as a form of legal notarization. However, online notarizations increase the possibility of fraud. The question is how much fraud?

As with any other system, there is no way to predict how much fraud a new system will cause or facilitate. If you test a system over the course of years and get some analytics on how often court cases happen in comparison to traditional notary services, then you can see if the risk is worth the reward.

The problem is that so many states are enabling RON all at once, that if there is a serious problem, this could effect elections, and all sorts of notarized documents. It could even invalidate elections if fraud is investigated and force elections to be held all over or at a minimum create ongoing conflicts between democrats and republicans.

Personally, I think it is better to vote in person instead of seeing a notary to get an absentee ballot notarized. There is less possibility for complications and fraud. And absentee ballots without a notary seems like suicide as fraud would be rampant. Mailing in a copy of your ID doesn’t compare it to what you look like in real life — that is the job of a notary to compare.

Shut downs are another example of states trying untested processes by just jumping on the bandwagon. If shut downs are detrimental to economies, then instead of one state having an economic problem, all states will have on all at once. Would it not be a better idea to test out what happens when you shut down an economy for three months? You can track all of the suicides, child molestation, alcoholism, protests, and long term economic damage before implementing shut downs on a massive scale. When disaster strikes is NOT the time to be experimenting with anything.

PATIENT: Can we go to the sun to get a solution to Covid19?

DOCTOR: It would be too hot

PATIENT: What if we went at night?

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June 10, 2020

Georgia Notary Acknowledgment Information

Here is some sample Georgia Notary Acknowledgment Wording.

State of Georgia
County of _________________
This record was acknowledged before me on ______________________ Date by ________________________________________________________,
Printed name of individual signing document

who is ____ personally known or ____ proved to me on the basis of satisfactory evidence to be the person who appeared before me.

_______________________________
(signature of notary public) Notary Public, State of Georgia Stamp/Seal

My commission expires: ________

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