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April 29, 2018

Do I need $1 million (E&O) insurance to get more Notary business?

Do I need $100,000 or $1 million in Errors & Omission (E&O) insurance to get more Notary business?
It is not uncommon for some companies to require that a Notary have more than the standard amount of E&O Insurance. There is no state mandated minimum for E&O unlike a Notary Bond where the law requires every Notary to file an official bond for $15,000 which is designed to pay limited claims against the Notary Public.

But please make no mistake. All Notaries must carry some form of E&O insurance to protect themselves from unintentional errors and omissions they make. Of course, E&O policies will not cover fraudulent acts or intentional errors. Without E&O Insurance, you will have to pay for the cost of the judgment or settlement and your own legal expenses. The financial impact can force a Notary to renounce his/her Notary commission and possibly even declare bankruptcy depending upon then severity of the error.

The high coverage of an E&O policy is based on the false perception that the companies would get a better class of Notary or that they are protected from any and all errors made by the Notary. This is farthest from the truth. I have more than 20 years of experience being a Notary and have never increased my E&O Insurance above the standard amount of $15,000/- primarily for 2 reasons. First, the number of companies requiring $100,000 or even $1 million in E&O Insurance are few and far between and the number of jobs that a Notary gets does not make up for the increased premium for the additional coverage. Second, the E&O policy only covers clerical errors and does not cover any fraudulent acts committed by the Notary. As a matter of practice, I double and sometimes triple check my work and am always cautious of the people who appear before me for a notarization. More importantly, I never do anything that even has the appearance of a scam or fraud. I have no intention of being someone’s boyfriend with no escape clause!!

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The 30 point course – beneficial interest and E&O Insurance
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Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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April 22, 2015

Point (28-30) Beneficial Interest; Negligence; E&O;

Filed under: (2) Technical and Legal — Tags: — admin @ 10:53 pm

Marcy had to go back to the hospital to notarize Esmerelda, the old lady who could barely talk. Her family assured Marcy that it would be okay this time. Marcy wanted her travel fee in cash at the door. She explained that if the signer was not fit to be notarized, she would legally have to decline notarization, but didn’t want to have any issue getting her travel fee should she decline. A month back, she drove an hour to a jail, waited for another hour only to be told that the inmate had been moved. The client who met her there didn’t want to pay a travel fee because Marcy “didn’t do anything.” Additionally, Marcy would have a beneficial interest in getting the document signed if she didn’t collect her travel fee at the door. She would want it to be signed so she could collect her $30. In any case, they paid Marcy her travel fee. Esmerelda was able to communicate and actually did understand the document. She summarized it. Marcy was able to do the Signature by X procedure and get her notarized that evening.

An hour after the hospital notarization, Marcy had a loan signing. At the signing, the borrower asked about the pre-payment penalty. Marcy found it in a snap since she had been studying what information is in what document (like all good Notaries should.) But, Marcy started to read the pre-payment penalty to the borrower and even explain what the terms of that part of the agreement meant. Marcy had overstepped her bounds. She knew she couldn’t give legal advice, but she wasn’t aware that explaining a prepayment penalty could be construed as legal advice. Luckily for Marcy, the Lender gave her a quick lecture on not giving legal advice, and Marcy was very careful from that moment onwards.

After Marcy’s two jobs, she came home only to find Patricia waiting for her on the front porch. Patricia had something urgent to tell her. One of Patricia’s other friends who was a Notary was getting sued, and her E&O insurance wouldn’t help. Marcy asked why. Patricia said that the error was not a Notary error, and that E&O only insures you against Notary errors or omissions. It was the Lender who made an error, and the borrower was suing everyone in sight. Even the Notary who had nothing to do with it. It would have cost this Notary $30,000 in legal fees to defend herself from this angry borrower. Then Patricia told Marcy what a Hold Harmless Agreement is. The Lender has their documents, but if you make the borrower sign a Hold Harmless, that can prevent them from suing the Notary as they agree not to hold the Notary responsible should anything go wrong with their loan. Patricia was a great source of knowledge tonight. So, Marcy consulted an Attorney and got a quick Hold Harmless Agreement written out, and she kept a stack of them in her car so she would be sure to have one for every loan signing form that day forward. She didn’t want to end up like that other Notary! Good God!

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Point (28) Beneficial Interest
It is illegal to notarize a document that you have a Beneficial Interest in. But, what constitutes Beneficial Interest? If you or a close family member is named in the document as someone who will receive money, or privileges, then you could be said to have Beneficial Interest. If you would gain in any way from the document being signed, you have Beneficial Interest.

One interesting twist on this concept is that Notaries who get a travel fee don’t always collect the fee in advance. If you are in front of the signer who doesn’t have proper ID, and they ask you to notarize them anyway or you won’t get your travel fee, then you have Beneficial Interest. You won’t get your $35 if you don’t comply with their illegal requests. As a Notary, you are expected to uphold the law, and if your travel fee rests on you bending the law for someone, you are not only encouraging yourself to do something questionable, but you have Beneficial Interest in the document being signed which is purely illegal.

Financial Interest means that you will benefit financially from a document being signed, while Beneficial Interest means that you will benefit in one way or the other — perhaps financially, or perhaps in some other way.

Point (29) Negligence
What constitutes Notary negligence?

Failure to administer an Oath
Failure to take a thumbprint in your journal for a deed or Power of Attorney
Failure to identify the signers
Failure to inspect signatures
Failure to make sure signer signs in front of you for a Jurat
Failure to completely fill out a journal entry

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Point (30) E&O insurance

Many companies want to hire Notaries with E&O insurance. It makes the Notary look more professional and covered. In real life, it protects you only from honest mistakes on notarizations. Most of what you are doing involves overseeing large business deals that get sent back to the lender via courier. Most of the problems you could encounter might include signing the wrong way (even though it might be notarized correctly), getting documents back late, a missing bank check, cross-outs, no-shows, or other mistakes. Notary errors on notarized documents might account only for 25% of the problems that occur in signings that could lead to damages.

If the Lender makes a mistake that causes the borrower damages, you could get sued, and E&O will not cover you since YOU were not the one who made a mistake AND because it is not a Notary mistake. One of our Notaries dropped out because she got sued for more than $100,000, because of some fraud that the Lender was accused of committing. The borrower was so angry that they want to sue everyone in sight regardless of fault. Unbelievable!

Additionally, in 2013 Notaries who had enormous E&O packages were being sued on a regular basis. You are like a guy in a Mercedes driving around a slum. You have the word “Target” written on your forehead and taped to your back. Sooner or later you will get mugged. Think like a Ninja. You don’t get mugged — you mug THEM!

My advice is to think carefully before investing in a handsome E&O package. If it will land you a good account with Chicago Title, then do it. Otherwise, it might make sense to have a smaller E&O premium and have all of your borrowers, Lenders and signing companies sign a HOLD HARMLESS agreement. The agreement should be drafted by an Attorney and could state that if there are any damages by negligence or omissions by the Notary, that you (the Borrower or Signer) will not hold the Notary responsible.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

The 30 Point Course Final Quiz – Jeopardy!
http://blog.123notary.com/?p=14557

Posts about E&O Insurance
http://blog.123notary.com/?tag=eo-insurance

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

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April 30, 2013

Help, I’m being sued, and E&O won’t help

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

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Protect yourself with a contract
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Do I need $1 million E&O insurance to get more notary business?
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January 20, 2011

A notary gets sued, but E&O won’t help out!

We had a notary public whose name will remain anonymous. I will not disclose her location either. But, she is being sued because a lender pulled a fast one on a borrower. The borrower is suing everyone connected to the loan. But, the borrower should know that the notary public has nothing to do with the loan, doesn’t know the lender, and doens’t benefit from the loan other than to collect their small fee.

The story gets worse though. This notary’s E&O insurance policy wouldn’t help out with any of the legal expenses, or potential damages simply because they claim that the notary never made a clerical error which is true.

The notary public went to get legal counsel, and a neighbor / friend of the notary public offered to help at a discounted rate. But, the discounted estimate for the entire case was $30,000. It doesn’t make sense to me why a notary should pay $30,000 to defend themself from a false accusation.

In any case, we should pray for this notary public, so that she can get off the hook of being falsely accused. She did nothing wrong and shouldn’t suffer like this.

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January 13, 2011

E&O insurance: where do I get it & how much do I get?

Everybody is getting E&O insurance these days. Ironically, the only notaries who I have heard about having claims on their policies are the ones who went overboard and got a million dollars of coverage just for show which turned them into a target. But, on a brighter note, you need E&O in order to get hired. Yes, it is more of a fashion show than something you actually need, but the fact that signing companies don’t take you seriously if you don’t have it makes it a necessity. The question is — how much & who do you get it from?

Lots of vendors sell E&O insurance.
Notary Rotary sells it. NNA offers one stop shopping for notaries including E&O. One notary claims that Merchant Bonding offers the best rate on E&O. One notary said that Traveler’s charged him only $170 for 100K for four years which is excellent as others charged $265 for the same coverage. It seems that companies that cater exclusively to notaries do not always have the best rates on insurance, although the convenience of one stop shopping makes it worth while to pay a little more.

How much should you get?
The quantity of your E&O depends on who you are trying to impress. If you just do signings for signing companies, perhaps 25K is enough. If you are full-time and want to appear professional, it is better to have 100K rather than claiming in your notes section to be professional. Don’t say it — show it! If you want to work on the white glove list for major Title companies, then 500K or a million might be in order. I don’t know what that costs, but if you are getting paid big bucks regularly, then whatever they charge is probably worth it.

If you want to comment on this blog entry: let us know where you buy your E&O and what it costs!

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http://blog.123notary.com/?p=3570

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http://blog.123notary.com/?p=8646

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December 2, 2020

Everything you need to know about writing a great notes section

Originally posted Feb 1, 2016.

Most Notaries underestimate how critical it is to have an amazing notes section on your listing on 123notary.com. They just write how they are background screened and have E&O insurance. They stop there. Yes, this is important information and it can be a deal breaker if you don’t have the right background screening from the right agency, etc. However, the Notaries who get lots of work from 123notary tend to have 123notary certifications, reviews from satisfied clients and a very thorough notes section. So, what is the secret? The secret is to be specific, unique and well organized in what you write about yourself.

(1) Selling Features
The top of your notes section should stress selling features. What can you say about yourself that others might not be able to say that would make someone want to hire you. “I’m reliable.” Everyone claims to be reliable, and then they show up late making a mockery out of their claim. Try something that you can put your finger on. But, I really am reliable? Yes, but your notes section can’t prove it — so skip it. Instead, let’s think about what types of loans you know how to sign. Don’t just say, “all types.” List them one by one. Do you have some unusual qualifications? Were you Notary of the year? Do you do jail or hospital signings? Are you fluent in Uzbekistani hill dialects? These are things that help you stand out. Were you a CEO of a Mortgage company? That helps too. If you have Escrow, Title, Underwriting, Processing, Settlement, or general Mortgage experience, that is a huge plus on your notes section. Make sure to indicate that high in your notes. Remember — the first 200 characters of your notes show up on the search results for your area, so digress to impress! (actually don’t digress, but use that space to squeeze in as many selling features as possible)

(2) Specialties
One of the most valuable pieces of information you can include in your notes are your specialties. Instead of bragging about how you are error-free or dependable (which nobody wants to read,) instead list the types of loans you know how to sign, types of major documents or procedures you are familiar with. Do you go to airports, offices, or jails? Do you do Weddings or Apostilles? People are very impressed when you have highly specialized skills, so mention them.

(3) # of loans signed
Most Notaries up date the # of loans signed once in four years. When I mention that their profile says they signed 200 loans, they say, “Oh, that was five years ago. I must have forgotten to login — I’ll go in there.” You need to “go in there” and update your info every few months or you will have information that is collecting cyber-dust.

(4) What is hot and what is not?
Radiuses are hot. If you have a wide radius, tell the world. 100 mile radius shows you are serious (or crazy.) Last minute signings are a good thing to mention. Do you accept faxes or are willing to do fax backs? That narrows it down. Are you background screened? Is it by NNA or Sterling or someone else — if you’re screened by the wrong agency, you don’t get the job! Do you know how to do eSignings? That will make you stand out!

(5) Professional memberships and certifications
Are you NNA Certified, Notary2Pro certified, 123notary certified, or trained by some other agency. It is impressive especially if you have four or five certifications. Mention these as well as your memberships. But, please don’t say you are an NNA member in good standing. The only way to be in bad standing with any agency is by not paying your bills or perhaps being convicted of a felony.

(6) What is unique about your service?
Is there something unique about the way you do your work? Or do you have a catchy unique phrase about yourself? It is very hard for most people to think of anything unique about themselves. But, if you really put some thought into it over an extended period of time you might come up with something good. We have two blog articles below with some of the best unique information we’ve ever seen.

(7) Avoid vagueness
Did you work for 10 years in the legal industry? What does this mean? Were you the company president or did you mop the floor for an Attorney. State your job title or what you did very clearly. If you were a legal secretary of Paralegal, that is good to know. Not a selling feature. Additionally, try to be specific about your claims. Rather than saying how good you are with people, give a concrete example of how you are good with people, or what experience you have that proves you are good with people.

Also read:
General (vague) vs. specific information in your notes section
http://blog.123notary.com/?p=4602

(8) Avoid restating information
Many Notaries restate their company name, their company mission, phone and email in your notes. Your notes is to give additional information about your service, and not to restate what the reader already knows. Remember, those top 200 characters go in the search results, and if you say, “We are here to serve” nobody will click on you.

(9) Counties served
There are 12 boxes where you can indicate your counties served. If you wish to restate this info in your notes, put it near the bottom as this is not a selling feature. If you want to indicate which parts of which counties you serve, the notes section is the only place to go into such detail. Others choose to mention specific towns or cities served. Please avoid stating which zip codes you go to as that is too nit-picky.

(10) Writing about your mentor
New Notaries always want to bend my ear about how they don’t have experience, but their mentor has signed 10,000 loans and they have been to many signings with their mentor. After hearing ten minutes about their mentor I say, “I’ll hire him — I’m convinced — But, I wouldn’t hire you in a million years because you don’t stand on your two feet!” Don’t talk about your mentor. Talk about what training programs you have passed.

(11) Writing about your Real Estate background
Notaries regularly write, “I am a Realtor and therefor am familiar with the documents.” But, when I quiz them on the documents they fail almost every time. Also, many Notaries will write three paragraphs about their Real Estate business or Process Serving, etc. People are coming to 123notary to find a great Notary, not a Real Estate agent. If you want to quickly mention in the middle of your notes that you are a Realtor, that is fine, but don’t make it the central point of your notes.

(12) Educational background
If you want to write about your degrees or former professional experience, unless it is Mortgage related, it should go in the middle or lower middle part of the notes as it is not critical information in the eyes of the reader.

(13) Equipment
Yes, you can write about your equipment. Sometimes we recommend using bullet points for quick points such as E&O, certifications, and equipment. You can mention what type of printer, scanner, fax, or mobile office you have. Just don’t put this up top. It belongs in the middle or lower middle of your notes.

(14) Closing statements
Some Notaries choose to have a closing statement while others don’t. We like it when Notaries do. You can say, “Thanks for visiting my listing.” Or say something a little more unique.

(15) Don’t jumble everything in one paragraph
A good notes section is divided into several logical sections. We normally like to see an intro with selling features, an about you paragraph, some bullet points, and a closing statement. There are many formats for winning notes section and you can decide what is best for you.

(16) Ask for help
123notary gives free notes makeovers. However, we cannot write the content for you. We can filter and reorganize it though. When we redo people’s notes sections they average an increase of 55% more clicks per day to their listing. So, ask! And get some reviews on your listing while you’re at it!

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Other Great Notes Articles

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

10 quick changes to your notes that can double your calls
http://blog.123notary.com/?p=4499

What goes where in your notes?
http://blog.123notary.com/?p=1076

2014 excerpts from great notes sections
http://blog.123notary.com/?p=13613

Unique phrases from people’s notes sections
http://blog.123notary.com/?p=14690

Stating the obvious in your notes section
http://blog.123notary.com/?p=14146

A Notary included a copy of her testimonial in her notes
http://blog.123notary.com/?p=4680

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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.

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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 4, 2020

10 risks to being a Mobile Notary Public.

Filed under: Notary Mistakes,Popular on Facebook (some) — admin @ 12:59 am

Originally posted Oct 19, 2017.

Notarize at your own risk. Being a Notary is NOT safe!

Many of you think that being a Notary is an easy way to make a few extra bucks. Stamp a piece of paper, get $10, easy, right? Then you deal with nitpicky signing companies who make you fax things back and you get mad, right? That is an annoyance, but not the bigger problem. Being a Notary is dangerous, particular when you don’t do your job correctly. Most Notaries feel that you look at an ID and if it is close enough and the photo looks like the guy, that you are doing your job, right? Sort of. Here are some itemized risks to being a Notary Public.

1. Hoarders
If you go to someone’s house and they have things stacked to the ceiling, you might be in danger in their house. The signer doesn’t want to hurt you. It is just that they cannot control their psychological disease that causes them to engage in hoarding. My housemate is like this and she has stuff stacked to the ceiling which is dangerous and a fire hazard. Something could fall on you or you could get trapped in a fire.

2. Bio-hazards
Some homes that are not cleaned properly are dangerous. One house Carmen almost went into had some bacterial infection that would have gone straight to her lungs and caused her to go to the hospital. If a house smells funny, maybe you are not safe in there. If it is not ventillated properly, perhaps you should stay away. Poor hygene can be deadly, so be advised.

3. Dogs
Some neighborhoods have unsafe dogs around. Notaries could be harrassed or bitten by dogs. Carrying pepper spray or mace is not a bad idea.

4. Slummy neighbors
You might go to a signing in a bad area and people nearby might be hanging out who look unsavory. I am not sure if this is dangerous, but some people get upset.

5. Angry borrowers.
One Notary got pushed off a flight of stairs and broke her wrist. The borrower didn’t like his APR and I guess the Notary didn’t educate themself on how to give a professional explanation of the APR either. The borrower ended up in jail very quickly and the Notary healed in two months.

6. FBI and lawsuits
Roughly 2% of full-time Notaries will end up in court or with an FBI investigation for being involved with identity theft. If you do not keep a thorough journal with thumbprints and the right amount of journal entries, you are much more likely to be held in court as a witness, suspect, or cause yourself extended grief. Without a thumbprint, the investigators are often helpless to catch really really bad people. So, help them out and keep thumbprints. Do your part to safeguard mankind.

7. Getting sued by a borrower
One borrower got mad and sued the Lender, Title company and the Notary when the Notary had done nothing wrong. The Notary tried to use their E&O insurance, but the company wouldn’t pay out because the Notary had not made any error or omission. Of all the bad luck. So, the Notary lost $30,000 in legal fees. Talk about bad karma.

8. Getting sued by the bar association
If you life in an Attorney state and do loan signings without a law license, the bar association might come after you. Good grief.

9. Jeremy might phone quiz you.
Many Notaries who thought they had it together got a phone call from the infamous Jeremy (that’s me) and failed an over the phone quiz. They rationalized, “I’ve been doing this 30 years and therefore I know what I’m doing.” My rationalization is, “Not if you got 18% on my quiz which consists of very easy and every day notary questions.” You might not lose any money, but you could lose your dignity if you score less than 70%. So, study up!

10. Your seal could be stolen
It happened to me. I had to write to the Secretary of State. My car was broken into and I lost my seal, embosser and journal. What a tragedy. It took me two and a half weeks to be back in business. Think of all the money I lost not to mention the trauma of being robbed of my most prized possession — my inkless embosser that I used as a secondary seal to deter fraud! Boo-hoo.

There is also the risk of traffic accidents and having one of those talking GPS systems that talks back to you when you get in the wrong lane, but I won’t include details of those problems as they are common to all humans who drive and not just to Notaries. The end!

.

You might also like:

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

Notary loses $4000 in legal fees because a fraud adds a name to a Notary Acknowledgment.
http://blog.123notary.com/?p=19477

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

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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.

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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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June 7, 2020

How do you market to title companies?

Filed under: Marketing Articles — admin @ 10:12 pm

Over the years we have heard many approaches to marketing to title companies. Obviously having a good online presence is the most time efficient because using that method they would come to you. But, what if you took a more aggressive approach?

1. Calling title companies
If you make a list of title companies and call them, that is a great way to get business. Keep in mind that there are different reps. They all say that they will share your info with the others, but they hang up so fast that how do you know that they will. It is good to talk to as many reps as possible, potentially on multiple phone calls to each companies.

2. Mailing title companies
If you want to do a nationwide campaign, focus more on companies within 90 minutes of you. But, you can contact title companies throughout the nation by mail. A few Notaries have done this. The response rate is low, but you contact so many companies, that you will get clients. You could mail them a card with basic information, rates, areas covered, etc.

3. Online presence
You are already doing this. But, there are more effective ways to do online advertising than just being online. Ask me how. More listings in more areas, higher placement, more certifications, better notes sections, more reviews, etc., all help.

4. Lots of E&O.
Some title companies require lots of E&O and the amount can vary. 500K E&O will help make you stand out from the other Notaries and might help attract title companies.

5. If you work for a particular title company, pass out cards to the various reps. If you have to go to a particular branch, get to know them as individuals. Title company people are not the most friendly in the world, so try to keep it quick.

6. Visiting title companies in person is time consuming. But, you can see how it works and let us know.

7. Be willing to take those out of the way jobs. Getting in with title is hard. But, once you are in, they might give you regular work. So, be willing to go wherever or whenever for that first job so they can sample your work.

Let us know if you have any other tips in the comments.

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