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April 2, 2019

Many people who hire notaries don’t think about quality = dangerous

Filed under: General Stories — admin @ 10:00 am

Many people who hire Notaries don’t know anything about the dangers of an uninformed Notary. A careless Notary can ruin appointments by not confirming properly. They can fill in notary forms wrong. They can omit Oaths, or get into other peril by not knowing how to handle situations.

123notary puts a lot of effort into breeding Notaries into being the best that they can be with Notary Public 101 on the blog. However, those that hire Notaries typically don’t know the difference. This is dangerous and can result in a lot of trouble. When you hire Notaries, trouble doesn’t come all at once. It might not come for a while. But, if the notary identifies someone incorrectly and that comes back to you, it could be catastrophic. If Notary doesn’t drop the package in a timely manner, that is also a potential huge problem.

Just because those hiring you don’t know the difference doesn’t mean that you should not care about being a good Notary. The danger of being a careless and sloppy notary is not only for the borrower and the client, but also for the Notary. You can get in all types of trouble. So play it safe and keep studying your notary law, how to handle situations and your documents. Your few hours of study will make you look a lot more professional for the rest of your career.

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April 1, 2019

Compilation of best posts by guest bloggers

Filed under: Guest Bloggers — admin @ 7:43 am

Here are our best posts by guest bloggers

WRITTEN IN CONJUNCTION WITH ANDY COWAN

Trump – Making American Notaries Great Again
http://blog.123notary.com/?p=17023

Introducing the 2019 Notaries!
http://blog.123notary.com/?p=21147

A Notary goes Public on Shark Tank with Shazamdocs!
http://blog.123notary.com/?p=18943

Comedic Notary Pricing from Apo-steal-of-a-deal to Zilch (not getting paid)
http://blog.123notary.com/?p=18941

MY BIG PHAT GEEK WEDDING
http://blog.123notary.com/?p=17053

Shark Tank – Notary Escrow Pal
http://blog.123notary.com/?p=16009

A Seinfeld Episode About a Notary
http://blog.123notary.com/?p=10208

CARMEN’S POSTS

Attorney’s bullying Notaries – when does it end?
http://blog.123notary.com/?p=19383

SnapDocs, who is it and what is it?
http://blog.123notary.com/?p=19333

#1 Notary Error
http://blog.123notary.com/?p=18956

Please answer your phones and check those emails
http://blog.123notary.com/?p=21274

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Oath, what Oath?
http://blog.123notary.com/?p=19628

Lets stop undercutting each other
http://blog.123notary.com/?p=19381

Please don’t quit your day job just yet
http://blog.123notary.com/?p=19385

Million Dollar E&O?
http://blog.123notary.com/?p=19336

KEN EDELSTEIN

A job declined
http://blog.123notary.com/?p=19979

Notary for a USA presidential candidate
http://blog.123notary.com/?p=19148

Notary of the future
http://blog.123notary.com/?p=18952

Get the special jobs
http://blog.123notary.com/?p=19106

Notary email tools
http://blog.123notary.com/?p=19150

Now is the right time to become a signing agent
http://blog.123notary.com/?p=21039

Are you practicing law by drawing a signature line?
http://blog.123notary.com/?p=21033

Do a half fast embossing
http://blog.123notary.com/?p=19981

The automatic repayment form
http://blog.123notary.com/?p=19708

My reply to a vague incoming email
http://blog.123notary.com/?p=19704

Ken’s list of things Notaries goof on
http://blog.123notary.com/?p=19427

Which statement is a true statement?
http://blog.123notary.com/?p=19421

Notary also a witness
http://blog.123notary.com/?p=19415

A call from a cop
http://blog.123notary.com/?p=19410

Get off your butt
http://blog.123notary.com/?p=19408

Initial notary contact check list
http://blog.123notary.com/?p=19423

When you are in a hole – stop digging
http://blog.123notary.com/?p=19340

My next notary visit is free
http://blog.123notary.com/?p=19298

The Power of Attorney was rejected
http://blog.123notary.com/?p=18954

When you really don’t wanna take the job
http://blog.123notary.com/?p=18962

Unsubscribe
http://blog.123notary.com/?p=19031

Power of Attorney Notary Processing Mistakes
http://blog.123notary.com/?p=19031

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March 17, 2019

How do I find a German speaking Notary Public?

Filed under: Public Interest — Tags: — admin @ 9:57 am

Where can I find a Notary who speaks German?
Look no further. 123notary.com has a few German 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 German, Spanish, Japanese, Vietnamese, American Sign Language, or more! We used to have a Notary named German who spoke Spanish. In fact, we have German speaking Notaries in almost all states! Additionally, we have a search filter directly abovetto the right of the search results where you can enter the word German and find only German speaking Notary service providers.

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

Notary German — 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 German?
Notaries may Notarize a document that is in German, 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 German?
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 German language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in German and the Notary knows German, you can conduct your Oath in German.

How can I get a German 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 German to assist you in this matter. Just visit our Advanced Search page and look up a German Speaking Notary by zip code!

You might also like:

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

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

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

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March 6, 2019

How do you get something notarized if you don’t have ID?

Filed under: Technical & Legal — Tags: , , — admin @ 9:28 am

How to get something notarized if you don’t have ID?

Credible Witnesses
The answer is that it’s not so simple. Most states have rigid rules for who can be notarized and what type of identification is necessary. However, many states allow you to be notarized if two individuals called “credible witnesses” swear to your identity. They can generally be anyone who knows you. But, how can you know if you are in a state that allows credible witnesses? Ask a local notary and find out. The sad thing is that many of them do not know how to use credible witnesses to identify a signer. So, do your homework and find a Notary who is in the know, so to speak.

The Process of Obtaining an ID
In the long run all people should have an ID, and there is a typical way to get this. You need to get your birth certificate from the city you were born in — and hopefully you know where that is. From there, you can get a state ID card and then you can get a passport.

How it Used to Be
Many years ago, you could get a Jurat done (which is a notary act.) Jurats require a sworn Oath but did not used to require identification on the part of the signer. I believe that they do now in all states, but I could be wrong.

Typical ID’s that are acceptable for a notary would be:
State issued ID cards
Drivers licenses
Passports
Military ID cards
Green cards did not used to be acceptable in California but might be now and you can ask a local notary.
Credit cards with photos are NOT acceptable.
Social Security cards are also not acceptable.

As a general rule a government issued photo ID with a signature, serial number, physical description and expiration date would be acceptable.

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You might also like:

Notary Public 101 – A Guide to Identification
http://blog.123notary.com/?p=19507

Identification for Prison Notarizations
http://blog.123notary.com/?p=22139

Expired Identification
http://blog.123notary.com/?p=8294

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February 10, 2019

Proof of Execution

Filed under: Notary Acts & Certificates — Tags: , — admin @ 10:48 am

What is a Proof of execution? This is an unusual Notary act that few Notaries have ever done. Yet it is allowed in roughly 45 of the 50 states. A Proof of Execution is an act where a Principal signer signs a document in the presence of a Subscribing Witness. The Subscribing Witness then soon after swears under Oath before a Notary Public that the principal signer signed the document in their presence. This type of notary act is prohibited for Deeds and Powers of Attorney, but for less critical documents is allowed.

You might also like:

Proof of Execution and basic notary acts in Notary Public 101
http://blog.123notary.com/?p=19500

Which Notary act does not require the personal appearance of the principal signer?
http://blog.123notary.com/?p=19668

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

Glossary Proof of Execution
http://www.123notary.com/glossary/?proof-of-execution

Glossary Power of Attorney
http://www.123notary.com/glossary/?power-of-attorney

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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

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

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

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

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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Keywords:
Credible Witness Notary
California Notary Credible Witness
Credible Witness for Notary
Credible witness california
Credible witness acknowledgment
Credible witness affidavit for California
2 Credible Witnesses
Affidavit of identity by credible witness
CA credible witness requirements
Ca notary 2 credible witnesses
California credible witness Notary
California notary how to acknowledge two credible witnesses
California swearing in a witness
California Notary credible witness form
California Notary Oath of credible witness

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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

You might also like:

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

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

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January 28, 2019

Can a Notary Act as a Witness?

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

Credible Witnesses — the ins and outs
http://blog.123notary.com/?p=19634

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

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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January 17, 2019

Notary Etiquette 104 — General Tips

Filed under: Etiquette — Tags: — admin @ 3:19 pm

GENERAL TIPS
Return to Table of Contents for – Notary Etiquette 104
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1. Dress for success.
Business casual is great. People get complaints more for dressing poorly than for being a horrible Notary. So, go to Men’s Wearhouse first, and then buy that Notary course you were thinking of. And remember — it’s not what you know — it’s how you look! Notaries who show up in shorts and flip-flops get some serious complaints and even a bad review on their profile. In short, don’t dress like me.

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2. Forms you should carry
Carry loose Acknowledgment, Jurat and other certificates in your Notary Carry All Bag that you purchased from the NNA. Carry a thumb printer, wipes, and pens with you. Nothing is worse than a Notary that doesn’t have pens except one who wears flip-flops. Having good professional equipment makes you look like you know what you are doing even more than actually knowing what you are doing.

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3. Arrive on time
Nothing is worse than a late notary other than one who wears flip-flops.

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4. Follow up punctually
If you have to get the FedEx back, do so immediately. Do not wait to drop a package unless you are waiting for a callback. If you wait 90 minutes or more for a callback, consider that title needs their docs back and it might make sense to just drop it. That is a judgment call, so think carefully about it. If you get emails, answer them asap.

You have to be available after signings for up to the rescission date and sometimes later. If you become unreachable after the signing, you will get very serious complaints. The worst complaints we get about notaries are that they were rude, or unresponsive after they had completed work.

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5. Don’t be rude
If someone is rude to you, don’t reciprocate. Your reputation is on the line. You can get penalized for being rude even if the other person deserves it. So, watch yourself!

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6. Animals
If you are uncomfortable with animals in the room with the signing, you can politely ask if the animal can be put behind a firmly closed door. Dog owners assume that since they enjoy Fido jumping over them that it’s okay that Fido jumps all over you — after all, it’s okay because Fido’s a nice doggy.

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7. Where to sit
You are the facilitator of the signing, and you call the shots where people sit at the signing. It is often easier if you sit at the head of the table with husband and wife sitting next to each other. That way when person #1 signs and turns over the document, the second person can turn it over and sign it assembly line fashion.

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8. Tips for Jurats
In a Jurat, the signer has a choice of doing an Oath or Affirmation. Many Notaries today are very politically correct to the point where they assume that the borrower will be offended by an Oath and by default only do an Affirmation. This is offensive to those who want an Oath and also not legal. It is up to the borrower to choose which type of Notary act to choose, so just say,

“To execute a Jurat, we will need a statement made under the penalty of perjury as to the truthfulness of the document… would you prefer to swear under Oath under God or affirm on your honor?”

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9. Leaving a business card
At the end of the signing it is not bad manners to give them a business card. You never know when they will need another notarization.

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10. Do you answer the phone during a signing?
It is generally a bad idea to have phone calls during the signing. Some signing companies forbid this altogether. However, you might not be able to get your next job unless you answer your phone. So, if the phone rings, give the caller a minute before you cut them off. It is rude to answer the phone only to tell someone you can’t talk, and it is rude to the borrowers to have a long conversation with someone unrelated to the loan. This is a judgment call. However, it is sometimes hard to get a chance to talk to a Notary due to the fact they are always busy, because they are either at a signing, between signings, eating, or at church — with notaries this busy there is no good time to talk to them… ever!

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Please Also Read:

Best marketing resources for Notaries. This entry goes over active vs. passive marketing in detail
http://blog.123notary.com/?p=16322

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

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Notary Etiquette 104 — Humorous Edition

Filed under: Etiquette — Tags: , — admin @ 10:11 am

Here is a humorous version of our etiquette course for your laughing pleasure.
Return to Table of Contents for – Notary Etiquette 104

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1. Dress for success
Wearing a smile on your face, but if you are also wearing a polyester jacket from the 70’s with super wide lapels, you might be the only one smiling.

Ladies, if you’re dressed in such a way that on the way to the signing cars pull up to you and ask how much you charge and you say, “$50 for a signing and an extra $25 if it includes eDocuments. I don’t do oral Notary acts like Affirmations though.” — you might need a new wardrobe.

If you wear flip-flips to the signing, you might be able to flip through a lot of documents, but your business will eventually flop.

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2. Arrive on time
It’s okay to be fashionably late if you are going to a cocktail party, but not to a signing.

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3. Animals at the signing
If there is a parrot in the room that says, “Stop forging his signature — bock!” you might want to get out of there. You should avoid doing Oaths for dogs, they prefer to receive Affirmations (or wuffermations). Cats prefer to take a nap on the documents.

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4. Leaving a business card.
When you give clients your business card, if you crossed out the phone number and wrote in a new number in handwriting — it’s time to print out some newly designed cards. If the email address on your business card ends in “aol.com” it might be time to consider retiring.

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5. Answering the phone during a signing
Its’ a bad idea to have phone calls during the signing. It’s an even worse idea to have them hear your heavy breathing. It’s even worse if the phone call is from your borrower’s ex-girlfriend or mistress.

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6. Don’t discuss religion at the signing.
If you start the signing with, “Those damn Quakers, they’re not as friendly as they claim to be, and grey went ou in the 70’s.” — you might be in the wrong profession and should probably convert from Quakerism to Catholicism.

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7. If your signer’s mother tongue isn’t English
It is generally a bad idea to mimic your signer’s accent at a signing. Wait until after the signing. Unless you have a document that is going to the Russian Consulate… then read it with thick Russian accent comrade!

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8. Confirming the signing
When confirming the signing it is a good idea to ask, “Are you high? Are you going to be high at the signing? Can I have some, man?” But, only do that if you are in a state where marijuana is legal otherwise you might be sorry. If you are going over their ID over the phone ask, “Do you look high in your ID photo?”

9. Middle initials
If the signer doesn’t want to sign with their middle initial, give them the finger… the middle finger! Just kidding. Just explain why they need to sign with their middle initial, and then after you are leaving the house, then give them the finger. There is a proper order to these things.

10. Don’t give opinions about the loan.
When you are at a signing, don’t comment about their interest rate such as, “Wow man, that’s a great rate… My brother just got a loan and his rate was way higher than yours. I’m so bummed out about that. I wish we could have gotten 4.5%. I’m going to call my brother right now and tell him what a loser he is.” It’s also not a good idea to say, “Wow, look at those terms, you’re getting ripped off dude, totally ripped off.”

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