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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!

You might also like:

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

How to get paid by out of biz signing companies
http://blog.123notary.com/?p=8646

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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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You might also like:

The 30 point course – beneficial interest and E&O Insurance
http://blog.123notary.com/?p=14532

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 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
http://blog.123notary.com/?p=2593

Do I need $1 million E&O insurance to get more notary business?
http://blog.123notary.com/?p=20183

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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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July 9, 2019

A list of things you probably did not add to your notes section

Filed under: Your Notes Section — Tags: , — admin @ 3:08 am

Every Notary profile has a notes section, but Notaries are notoriously sloppy about what they add to their notes section unless they are very seasoned Notaries. So, I compiled a quick list of things you need to add.

1. Uniqueness – What is unique about your service? Do you speak another language, go to hospitals, have an advanced degree, or are Fidelity approved? These things should go up top so that people can see this on the search results. The top of your notes section once again does show up on the search results.

2. Loan Types – What types of loans are you experienced with? Just saying that you do them all doesn’t say much. It is better to make a thoughtful list of the loan types and types of documents that you have signed before.

3. Equipment – Do you have a particular type of printer, scanner, fax, or a mobile office? Make sure to share that with the world.

4. Other Information – Do you have E&O insurance, how much? Are you certified by any particular agency? Are you background screened and by whom?

5. Coverage Areas: How many miles is your radius? What particular counties do you cover? Make it easy. If there are too many if-then statements about you only go to Horry County on an empty stomach if it is before 8pm, unless it is Summer in which case perhaps 8:30pm but only if you feel like it… That is too complicated. Just say you go to Horry County.

6. About You – It is hard for most Notaries to write about themselves. The tendency is to reduce yourself to some cliche adjectives that are identical to have 10,000 other notaries would describe themselves. Avoid this and paint a realistic picture of your style of doing work, about you, your professional background and what is unique to you.

7. Minimums – Some Notaries have a minimum of $100 plus eDocuments. If you stick to particular prices and are not wishy-washy, then publish them in your notes section. That way your calls are pre-filtered. But, if on Monday your minimum is $100, and then on Tuesday you are desperate and lower it to $80, then keep it verbal.

8. Professional backgrounds – Don’t be vague and say you worked in the financial industry. Say what positions you held and what types of work you did. People want specifics not vagueness. Don’t say you worked in the legal industry otherwise we will think you were the window washer at Hartman, Smith, and Stone.

9. A catchy phrase – Most Notaries do not bother to put a catchy one liner in their notes. It might take hours to think of. Good business names are equally hard to think of. People who search for Notaries are bored reading boring notes sections. If you can make up something interesting and catchy to say, you will inspire people to call you. If you are serious about the business, it is worth your time.

10. Organization tips – Don’t write a notes section that is a jumble. Keep each section well organized and separated by a line of space. It is easier to read and more pleasant too. Please remember that those reading your profile read hundreds of profiles and will be more likely to use you if you come across as being organized.

You might also like:

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

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

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April 3, 2019

Do you invest in your notary business?

Filed under: Marketing Articles — admin @ 10:00 am

Some people who are Real Estate brokers invest heavily in licensing fees, insurance and other expenses to maintain their Real Estate career. But, how many Notaries invest heavily in their career? People who advertise with us often do, but not all of them.

E&O Insurance is not for free, but can make you look like a serious contender, especially if you get a lot of it. The irony is that when you try to collect, they might not pay if the situation is not a notary error. A signing agent error on a non-notarized document is not a notary error. Read the fine print.

High placed listings on 123notary get a lot more business than the rest. Smart people get it that they need one if they want their business to grow.

Asking for reviews is free, but an investment of a small effort on a regular basis. Smart Notaries understand that asking for reviews is investing in credibility and nothing beats credibility. If you have no credibility, then you are reduced to being one of those notaries who brags about how great they are when none of their customers think they are good enough to write a review for. Food for thought.

123notary certification gets more clicks and more title work. Most people think that knowledge is not important. But, the cost of screwing up a loan and losing a client is heavy. And the cost of not getting clients in the first place because you have no credibility is a problem too. Investing in knowledge pays off day after day for decades. So, why not invest in knowledge?

Writing more in your notes section takes very little time. It is an investment of minutes that can pay off for decades. Smart Notaries get it that they need a really comprehensive notes section. The others just write a one liner about how great they are. Do you think title companies are dumb enough to fall for that? Think again.

There are other ways to invest in your business. Websites, business names, education from other entities, and more. Those that take Notary work seriously typically do a lot better than those just winging it. Choose the path of solidity and you shall prosper.

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Nice things people said about 123notary in the blog comments
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http://blog.123notary.com/?p=19355

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March 18, 2018

Notary Marketing 102 –Notes Section Additional Info

Return to Notary Marketing 102 Notes Tutorial

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3. Additional Information

In the middle of your notes section is where you mention your NNA certification, etc. Do not put this up top as it makes you look like just another Notary. What is special about you and a selling feature goes up top. Specific details about your credentials come in the middle. Here are some things you should list in your information section which you can write in bullet format for best results:

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Certifications — List your NNA, Notary2Pro or 123notary certification here.

Background Screening — Mention what agency background screened you and the dates of effectiveness.

E&O Insurance — Mention how much you have, and if you forget then look it up because this matters to Title companies.

Equipment — If you have special equipment you want to mention, put it here. Scanners, Fancy Fax Machines, Dual Tray Printers that print 200 pages per second, Cable Internet, Mobile Printing in your Car, etc. Specifics that make your equipment stand out help.

Memberships — If you have any other Notary memberships with the PAN, AAN, etc., list them here. It is NOT a good idea to list Real Estate memberships or memberships that pertain to other careers that you might have.

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Additional Links

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

Background Screening for Notaries? Who needs it?
http://blog.123notary.com/?p=2418

Is having an NNA background screening really necessary to get work?
http://blog.123notary.com/?p=10385

Which dual tray printers do notaries like?
http://blog.123notary.com/?p=19351

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March 14, 2018

Notary Marketing 102 – Promoting Yourself

Filed under: Loan Signing 101 — admin @ 8:19 am

Return to Notary Marketing 102 Contents

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As a Notary Signing Agent there are various types of marketing you need to understand. Getting new clients is important and the first sixty seconds you talk to them can make you or break you. However, interacting with existing clients matters too. Here are some rules and principles of dealing with existing clients:

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1. Get on the lists of as many signing companies as possible
If you are a beginner, 123notary lists many signing companies on our list of signing companies. We also have lists of companies that hire new signers on our blog. They might not pay well, but you can develop some experience working for them. Signing companies will want proof of E&O insurance, background checks, certifications, and a lot of forms to fill out. So get used to supplying information and filling out applications in mass.

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2. Get on the lists of title companies too
I’m not sure if title companies will hire beginners, but once you have experience, you can call local title companies one by one and get on their list.

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3. Do good work
Obviously as a Notary if you want repeat clients, you need to do good work. You need to be responsive before the job, during and after to ensure good service. You need to get docs delivered on time and answer your phone and email until the rescission date — you are still on call.

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4. Keep in touch
If you don’t hear from a company for a month, let them know you are available and willing. Ask them if they have a job in your area today. Keeping in touch keeps you on the front burner of people’s minds.

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5. Do a few lower paying jobs for them
If you want to get in with a client, onto the top of their list, working for less is one way to do it. People are tired of Notaries trying to get paid a fair wage (gouging them in their opinion). They want people who stop whining and start working. So, from time to time, it might make sense to do a few not that far jobs for a little less to grease the wheels. After all, there is not that much work out there. I guess that is not what you wanted to hear.

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6. Giving small gifts
If you give small gifts or cards to existing clients, that sometimes helps a lot. It gives people a good feeling and gets you remembered. Small food items, cards, gifts, chocolate, 21 year-old Scotch (only if they are really special), etc. I remember that Julie gave me two coupons for one hour free massages over the last two years. I reciprocated by being her loyal client and I gave her a gift too of a Chinese cupping set which is for reducing blood stagnation. The Olympics athletes are using cupping now too. It leaves purple marks on your body for a few days and is great for circulation.

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After you finish a job, it is important to send a text or phone call letting them know the tracking number, and where you dropped the package. Good follow up is as important as good work. It shows you are on top of things and care. The minute you have a fancy client and you slack off on the followup, that is a red flag and could cost you.

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March 12, 2018

Notary Marketing 102 — Your Notes Section

Filed under: Comprehensive Guides,Loan Signing 101,Your Notes Section — admin @ 8:27 am

Return to Notary Marketing 102 Contents

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A Thorough Notes Section

LINK: How to write a notes section if you are a beginner.
http://blog.123notary.com/?p=16698

Having a great advertisement at the top of the list is super. However, if your information is vacuous, people will bypass your ad to hire someone else. It behooves you to write a great notes section, and 123notary will edit your notes at no cost out of the goodness of our hearts (and for the general quality of the site). But, what constitutes a super notes section? A good notes section should have a lot of pertinent information about yourself, and it should be organized into logical paragraphs. Furthermore, the information should stress experience and selling features at the top as the first hundred and fifty or so characters show up on the search results and can act as a magnet. You should avoid spelling or formatting mistakes to make a good impression on companies that may elect to use you.

Most Notaries use the jumble technique and put all of their information into one disorganized never ending paragraph. Don’t do this. Jumbles are hard to read and do not stress what is important first. The information in a jumble normally includes some bragging about how great the notary feels they are, will undoubtedly mention their NNA certification and background check (which matters), and E&O insurance (which also matters). Coverage areas are also normally mentioned. It is better to format information the Jeremy way, as my editing work on listings gains them around 55% more clicks on average and only takes me a minute or two and is free!

Below is our table of contents about each part of the notes section. Please read every page linked below as it is part of the course and not supplemental reading material.

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The top of your notes section
This is where you put your selling points, and salient features about your experience.
http://blog.123notary.com/?p=19750

The second paragraph of your notes section.
This is where you talk about what is unique about you.
http://blog.123notary.com/?p=19748

The third section of your notes section
This is where you put quick points about certifications, E&O, and more.
http://blog.123notary.com/?p=19746

The bottom of your notes section.
Talk about coverage areas, special considerations like accepting credit cards, and a closing phrase.
http://blog.123notary.com/?p=19744

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EXAMPLE
Here is an example of a quick notary notes section done according to our formula for success.

1000 loans signed; Open until 11pm; Fluent Bhutanese; Experienced with Time Shares, REO, Helocs, Refinances, and more.

I have been a Notary since 2005 and have a background as a Real Estate Broker and Escrow Officer. I love people and always get back to my clients right away. I am meticulous, but don’t take my word for it, try me out and see for yourself. As a former Escrow Officer I know the Title documents well and am also familiar with general loan documents.

NNA & 123notary Certified
Sterling Background Screened (Expires Nov 2018)
500K E&O
Dual Tray Printer that prints 200 ppm.
Available 8am to 11pm seven days a week.

I accept Paypal and Square

I cover Los Angeles, Ventura, Santa Barbara, parts of Kern and will consider San Luis Obispo County with advanced Notice.

Thanks for visiting my listing on 123notary and I hope to hear from you soon.

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