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January 26, 2018

The new acknowledgment form for transgender people

With all of this politically correct nonsense going on, there will soon be an official change to Notary paperwork so that the LGBT community’s needs will be represented. The current form (I made this up) says:

On (date), before me (name of notary) personally appeared (name of signer) who proved to me on the basis of satisfactory evidence to be the person who’s name is subscribed in the within instrument, and acknowledged to me that he/she/they executed the same in their his/her/their authorized capacity(ies), and by his/her/their seal on the instrument, the person(s) acted and executed the instrument.

But, as of January 1st, 2019, the new form will read.

On (date), before me (name of Notary) personally appeared (name of signer) who proved to me on the basis of satisfactory evidence to be the person who’s name is subscribed in the within instrument and acknowledged to me that

(he/she/he who used to be a she/she who used to be a he/he who dresses like a she/she who dresses like a he/T/they)
executed the same in his/her/it’s complicated/their authorized capacity(ies), and by his/her/unclear/it’s/their seal on the instrument, the person(s) acted and executed the instrument.

Additional information
The signer’s “assigned” gender is male/female
The signer’s “current” gender is male/female/ambiguous/depends on how long the line is to the bathroom
The gender indicated on the identification is male/female
The sex change or change in dress happened before/after when the ID was issued.

On a brighter note, I had lamb with shishito peppers. I asked the waitress if shishitos had genders. The male could be a he-shito, and the female a she-shito. She said it didn’t work like that. I told her that was for the best, because what if we got a transgender-shito? That would be confusing.

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You might also like:

Who does what in an Acknowledgment?
http://blog.123notary.com/?p=20108

Millennial Notaries and gender roles
http://blog.123notary.com/?p=22535

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January 25, 2018

Should you use book wording for Oaths or improvise?

Most of our Notaries either don’t give Oaths or can’t give one without their cheat sheet. Some states have prescribed wording while others do not. The main thing when giving an Oath is to have them raise their right hand and swear to the truthfulness of a statement or a document.

If you don’t practice giving Oaths how will you know how to if you are put on the spot? You can experiment at home inventing Oath lyrics.

Do you solemnly swear you are a cyclops?
Do you swear you are crazy?
Do you swear that New York has bad traffic?

What I don’t understand is why it is so hard for Notaries to put together Jurat Oath verbiage from the top of their head. You need to say swear and refer to a document. Easy!

Another thing I don’t get is that I asked one guy to administer an Oath TO ME and he kept saying what he would tell THEM. I said, leave THEM out of it and just ask an Oath question to me so I can say I do, or I don’t. He kept telling me what he would tell them rather than following instructions and asking me an Oath question.

Oaths begin normally either with the phrase, “repeat after me,” or an Oath question. It is faster to ask an Oath question. Make it easy so they just say yes.

If your state has recommended wording, then memorize it. But, if you memorize an Oath without understanding the logic of what context it is used in, then it will not be very useful. You will probably use it at the wrong time.

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You might also like:

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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

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

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January 23, 2018

What’s your sign?

As a Notary, there are various aspects to our job. The most important according to Carmen is identifying people. But, most Notaries just look at the name, and photo, and if it is close enough, that is good enough. If the name is missing a middle initial on the ID that exists on the document that is bad news. But, most Notaries just say, “close enough.” If you say “close enough” too many times, you might end up in court on an identity fraud case which could end you up in court for weeks with no salary, and you might lose a lot of your regular customers as well.

So, how can Notaries make identifying people more reliable? Here are some quick points.

1. If the name don’t match, you must not attach.
Most Notaries say you can over sign but not undersign. This is a Lender preference not a law. If the ID says John Smith and the document says John W Smith you are taking your commission in your hands if you Notarize the signature.The Lender might not mind, but you might end up in court over this if fraud is involved and once in a blue moon it will be.

Most states make sure that middle initials are in ID’s, but not all people are from one of those states. There are out of state people, foreigners, and people who changed their names due to marriage or some other reason, not to mention people with name variations. People from Mexico culturally have two surnames on a regular basis.

So, you have to be prepared for this type of situation even though it only happens 1-6% of the time. If you are going to notarize anyway, what can you do?

(a) Ask the signer what sign he is while holding the ID. If the fake ID has a fake birthday the signer will not know his fake sign. He might be a Leo that is pretending to be an Aquarius. On the other hand, the fake ID might have a real birthday but a fake name.

(b) Get a thumbprint from the signer in your journal. That way the investigators can catch him after the fact if there is any funny business. Thumbprints also deter frauds as they often would prefer not to be notarized than risk being thumbprinted.

(c) Ask their height or birth date.

(d) Ask for a birth certificate if they have one. That doesn’t have a photo, but does have the DOB which is something you can use to cross-check information.

(e) If they have a Social Security card, that is not an acceptable ID, but the first three numbers are part of the zip code where they were born. You can cross check check the info by asking them where they were born.

(f) A gas bill is NOT generally an acceptable form of ID for notarization. However, if you want to verify a middle initial, it is better than nothing.

What you can’t do.
Do NOT accept a signature affidavit AKA statement as a form of identification. That is a document for the LENDER and the source of the information is unknown and not official. Sources for government ID’s are official which is why you can normally trust government issued photo ID’s.

Summary
You need to know your state laws on identifying signers. Many states do not require the name on the ID to exactly match the signature on the document or even for the complete name on the document to be provable based on the ID. Many states leave it up to your judgement. Just because you are following the law does not mean you won’t end up in court as a witness or conspirator to identity theft which is why you as a Notary must take as many precautions as possible.

If you are notarizing for a long term customer and want to take liberties to ensure that your business relationship does not end prematurely, then you might use the above techniques. If the customer means nothing to you, I would strongly consider JUST SAYING NO to any request that is at all questionable, especially those involving ID’s that have names shorter than that on the document.

But, the fastest way to verify if an ID is fake is simply to ask — what’s your sign?

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You might also like:

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

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

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January 16, 2018

Credible Witnesses, the ins and the outs.

Not all states allow credible witnesses, and some states like California have odd rules for credible witnesses. I also have opinions about credible witnesses as I used them frequently.

Some states that allow credible witnesses require only one witness. One that knows both the signer and the Notary.

Some states don’t allow credible witnesses at all.

While other states allow the use of two credible witnesses who both know the signer but do not know the Notary. Or one credible witness who knows both.

The problem is how credible witnesses are used. Credible witnesses are normally used when the Notary gets to a Notary appointment and the signer has no ID. Or sometimes the ID has the wrong name. Hurry, get a credible witness or the notarization is over! So, you grab a neighbor, or coworker who swears they know you well.

The problem is that knowing you as a neighbor is very different than knowing you well enough to have your middle name(s) memorized.

You could test a credible witness out and ask, “What is this man’s middle name?” If they don’t know it, I would not think of them as a credible or reliable source of information. The law might allow you to use them but does it really make sense. They are just going along with whatever middle name the signer claims to be.

Or, you could use your judgement while picking credible witnesses. Personally, I feel that a family member or spouse is a quality choice for a credible witness as family members will know the other family members middle names. But, my friends who I’ve known for 30 years I do not know their middle names — sorry to say.

Additionally, in California, the credible witness has to swear that the signer cannot easily obtain an identification acceptable to the state of California such as a driver license, passport, etc. So, if the signer has an ID, but the names do not match, it would be bending the law to use a credible witness in that situation. If you don’t believe me, read page 12 of the 2017 California Notary Handbook.

All in all, I would say that using credible witnesses as a way to get out of a bind is something that should only be done if the credible witness really knows the person intimately and knows their middle names intimately off the top of their head. Otherwise you are just finding loopholes. And God forbid if you don’t take journal thumbprints you are asking for a court case and an FBI investigation! Be cautious as a Notary. It is easy to get in trouble and big trouble!

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You might also like:

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

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

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

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January 11, 2018

Which Notary act does not require personal appearance of the signer?

Filed under: Notary Acts & Certificates — admin @ 12:03 pm

Most Notaries do not know their Notary acts. They cannot even name them. There is one particular notary act which is allowed in most states which does not require personal appearance of the signer.

This is a proof of execution. The proof of execution allows the signer (the principal) to sign when a subscribing witness is watching them sign. Then the subscribing witness appears before a Notary, and swears upon Oath that the principal signed the document in their presence.

This act is used when a signer is busy or not able to appear before a Notary Public. Additionally, this act is used on less than one notarization in a thousand in my estimate and most Notaries don’t even know that it exists let alone how to perform it.

Not for use on deeds. Just wanted you guys to know what this is just for your knowledge base.

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You might also like:

Notary Public 101 – Basic Notary Acts
http://blog.123notary.com/?p=19500

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

How do you get a Power of Attorney Document
http://blog.123notary.com/?p=20785

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January 1, 2018

Following directions is more important than you think

Filed under: Best Practices,Popular on Linked In,Popular on Twitter — admin @ 3:55 am

We quiz people on all types of topics ranging from Notary questions, loan signing questions, to situational questions and following directions. The problem is that only 50% of our seasoned Notaries follow directions and the newer ones only about 25%. These are not good odds if you have something to lose.

People who use 123notary are often title companies or brokers who could lose thousands in commissions or fees if you goof on their loan. Knowing what you are doing (not claiming to know what you are doing but actually knowing) is part of the equation. But, following directions is the other part. Many Notaries just ignore what you say and do what they normally do rather than following directions.

I have two recent stories of brokers who lost large amounts of money because the Notary did not follow directions. One lost $5000 because the Notary did not show the pages in the order he was instructed to. The result was that by the time the signer got to the document that the broker needed signed to get a commission, he no longer wanted to sign. In another case, a broker lost $3500 because the Notary did not follow directions about something else.

Then there are the Notaries who don’t bother to learn how to fill out a certificate form. If you forget to initial a change, the entire loan might be ruined or put on hold. I get so many complaints of Notary mistakes that it isn’t funny. Then there are the Notaries who do not fill out the additional information on a loose acknowledgment, and then the acknowledgment gets attached to a different document. Next thing you know you could end up in court.

So, sloppy work, incorrect work, and not following directions can get you in big trouble fast. Not keeping a good journal could also get you in trouble, but the trouble might not come for years. But, errors on certificates will get you in trouble fast!

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You might also like:

The Chad question about following directions
http://blog.123notary.com/?p=20009

Marcy overlooks the instructions in the 30 point course
http://blog.123notary.com/?p=14379

The green pen question revisited
http://blog.123notary.com/?p=20146

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December 25, 2017

123notary’s certifications will get you more business than before

Filed under: Marketing Articles,Popular on Linked In — Tags: — admin @ 11:01 am

A certification is only as valuable as the knowledge it represents. In the past, I thought our certified members were great and did not need to be tested. Then, things changed and I found I was wrong. I had to remove certifications from many people’s listings. So, now there are fewer 123notary certified members. However, the ones that have the icon have a higher level of knowledge than before. Therefore, having our certification icon will get you a bigger advantage now than ever before.

All you have to do is actually know how to be a Notary, know your loan documents, and know how to handle situations. Being 123notary certified is pathetically easy. I am shocked how many people cannot pass our test. It is easy. Most people would rather fail in their career than study a few hours. Studying is not that hard, and this is much easier than studying for a real license. So, what is the problem.

In the old days, 123notary certificaiton would get you roughly 2.5x more business. Now, that I am cleaned up my cert icon and where I put it, it will logically get more than that. I would estimate it would get people 4x more business. However, I need to wait a few months before I get formal readings. In any case this is huge. You would be a fool not to have our icon. The studying involved is only a few hours. It won’t kill you.

Additionally, the Elite icon is being scrutinized. It is not so easy to get, but you can do it if you put your mind to it. Ask us how to get the elite icon. And if you don’t believe me then ask Santa (if he’s real.)

Also read – Compilation of certification posts

The ADD culture and notary marketing
http://blog.123notary.com/?p=22309

He took Jeremy’s advice and got new title companies
http://blog.123notary.com/?p=22277

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December 20, 2017

Winging it as a Notary

Filed under: Business Tips,Popular on Linked In — admin @ 11:02 am

Many Notaries get into the signing agent profession as a way to make some quick cash or at least make a supplemental income. What they don’t get is that being a signing agent is mostly about being a Notary Public. If you don’t know how to be a good Notary you might run into situations as a signing agent you might not know how to handle or even situations that can get you into legal trouble.

Carmen always tells me that most Notaries are just “winging it” and don’t bother to study to be experts in their field because they don’t think they need to. Being a signing agent requires no specific skill. Just sign as the names are typed in the document and initial where it says to initial, get the docs fedexed back on time and you are done. There might be some faxing or scannning too, but it is not a high skill profession unless…

Unless you want to really know what you are doing. But, what is there to know?

1. Basic Notary Procedure.
Most Notaries think that being a Notary involves stamping forms, but there is a lot more.

(a) There is correct journal filling outing procedure (your only evidenece in course and 15% of full-time signers end up in court at least once,) as well as…
(b) Knowing when to say yes or no to a request which requires knowing something about Notary law and prudency.
(c) Administering Oaths
(d) Knowing the difference between the various Notary acts
(e) Identifying people in prudent ways. Perhaps that should be #1 as it is the most important.
(f) Taking thumbprints as a backup just in case the ID was fake.

2. Introducing the Documents
Knowing how to introduce the loan documents is very different from knowing how to answer FAQ’s about the documents. You can memorize two sentences about each document to introduce the documents to borrowers.

3. Answering FAQ’s
If borrowers want to know which information is where, you had better know, otherwise you are not a signing agent, but only a point and sign Notary. There are many FAQ’s that people might ask. Do you write them down so you can master answering these questions or do you just wing it and hope for the best. What makes a professional is being prepared which is something few Notaries comprehend.

4. Dealing with snags in signings.
There are various things that can go wrong in a signing.
(a) The borrower has a question and the Lender doesn’t answer.
(b) The eDocuments don’t come on time.
(c) There is a cancellation while you are en route.
(d) The borrower doesn’t want to sign either because they don’t understand something or don’t like one of the terms.
(e) You have a package with an unsigned document and don’t know whether or not to drop it because nobody is answering your calls at Title or at the signing company.
(f) The borrower is upset because they are asked to sign John Emanual Smith when they never sign that way.
(g) The borrower hits the roof (and builds a sleeping area attached to the roof) because they find out they are in a flood zone.
(h) At the last minute the borrower finds out they need a cashier’s check.
(i) The borrower won’t swear under Oath because they are an Athiest.
(j) You are notarizing for John and Sally, but Sally is not able to arrive, but the Acknowledgment has John and Sally pretyped in there.

There are many snags, situations, and times when you need knowledge and experience as a signing agent. And then there are the “soft skills” like knowing how to dress and deal with people which matter equally as much if not more. If you go through your career trying to know as little as possible and respond adversely when people ask you questions or have demands of you, you will not do well in this job. Try to be agreeable, responsible, communicate well, and know your stuff. They you are giving yourself a chance and will make our lives easier as well.

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You might also like:

Does knowledge matter any more as a signing agent?
http://blog.123notary.com/?p=19887

Compilation of Certification posts
http://blog.123notary.com/?p=16264

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

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December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do you keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

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December 12, 2017

The Notary Profession is a Profession — act like it is!

Filed under: Marketing Articles,Popular on Twitter — Tags: — admin @ 3:52 am

Carmen and I are tired of Notaries treating the Notary profession as if it is a quick way to make some cash on the side — Make a few extra bucks — five bucks here, ten bucks there. This is a very bad way to look at the profession. First of all, there is liability in this profession. You can get sued even if you don’t do anything wrong. People are doing big deals that are being Notarized. If something goes wrong, they can sue you for a few thousand dollars. If the Lender did something fraudulent, you might get wrongfully sued too. If you put your package in a drop box that doesn’t get picked up and the borrower loses their lock — guess what could happen? You get the idea.

The root of the problem lies with the states who mostly have low requirements or no requirements for being a Notary. If you are 18 or over, not a felon and are breathing, you can be a Notary. Being a notary is a profession that safeguards the transactions of multi-million dollar estates. Any lack of integrity or caution on the part of the Notary can lead to disaster.

Imagine that you Notarize John Hancock only to find out he was a different John Hancock and siphoned a million dollars of equity from someone’s estate. You might end up in court as a witness, accomplice, or get sued for negligence. You have no idea what you are playing with in this profession. You have to be careful what you put your stamp on. You might step on a mine.

Many Notaries also think that because their state has minimal requirements, that it is not necessary to go above and beyond your state minimum Notarial behavior — this is wrong. If you don’t keep a journal, don’t use an embosser and don’t thumbprint, you can get in huge trouble.

Think of state requirements like you think of speed limits. If the law says you can go 100 on the highway as was the case in Montana in the past and perhaps present, that doesn’t mean you are safe doing so. There could be deadly accidents. Just because you slow down to 95, you think you are being prudent, but are you really? You are still going faster than is safe. You can blame the state, but you are responsible for your own behavior.

Most professions have licensing tests that you have to take every year or two. Some professions make you take a test of 200 questions to make sure you understand all of the regulations and standards in your industry. The Notary profession has NNA tests that are taken every year or two. California has an exam you take every four years. But, people complain when I want to ask a few questions. People try to convince me that they know it all and don’t need to be tested because of all of the years they have been in business. These are the same people who score 20% on my quizzes.

Once again, the Notary profession is a profession — treat it like one. You should be quizzed every year on all the sites you are on. Since the states do not test your competency, I am forced to. It is a huge waste of my time and really frustrating dealing with all these resistant and incompetent people who think they are so smart.

If you really are so smart, just answer the questions, get an A, and then get on with your day. It would take two minutes to test people if they just knew the answers. The problem is that they resist, and then have to think about everything I ask, and then want to argue, and I need to teach them things and a simple quiz can take fifteen minutes that should take two minutes if I were dealing with professionals. How upsetting and what a waste ot my time.

To be a professional you need to do more than study. You need to master the art of being a Notary. You need to know everything and skip the snow job of trying to convince others you know everything when you don’t. The con jobs are getting very old. I have heard it all too many times. I really don’t even want to list such people. 123notary is a directory for professionals, not posers. At least that is the word young people use these days. When I was growing up we didn’t use that king of language, we said fakers.

You might also like:

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

A list of things you probably didn’t add to your notes section
http://blog.123notary.com/?p=22287

I’m a high end notary in a low-ball world
http://blog.123notary.com/?p=22263

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