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July 27, 2020

Does the signer sign the notary certificate?

Filed under: Notary Mistakes — admin @ 10:21 pm

Many of you will notice that on a Notary certificate such as an acknowledgment certificate or jurat certificate there is no place for the signer to sign. The certificate forms are for the notary to fill out — for the notary ONLY. The notary indicates the venue, date, who the signer(s) are, and entering the name of the notary. The notary signs and seals (stamps) but the signer should not inscribe any information on that form.

BTW, this is a beginner question. If you are advanced and don’t know this — good God!

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May 7, 2020

Oaths must be signed by the Notary

Filed under: Technical & Legal — admin @ 9:40 am

I read in page 28 of the California Notary handbook that Oaths must be signed by the Notary. How do you sign a verbal act? Jurats must be signed and have a form and place to sign. But, an Oath is a purely verbal act with no accompanying paperwork at least in California. I am stumped. Can someone explain what I am missing?

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April 7, 2020

Lose the attitude…

Filed under: Carmen Towles — admin @ 8:46 am

Many notaries come to me for advise and assistance with notary and loan signing procedures. On occasion I get folks that have a chip on their shoulder for whatever reason. I know this ’notary signing agent business’ can be perplexing and just plain hard to break into. The main problem is that most folks that come into to this profession are not sufficiently trained in their states notarial procedures. So when notaries reach out with questions it is for some of the most basic notarial acts. Things truthfully, they should just know. This is the Secretary of States job which most have failed miserably. Many states don’t have any examples of where to place their stamp or even how to fill out an acknowledgment or jurat but many do and its worth it to look into their handbooks to check.

On this particular occasion, a notary texted me a copy of a jurat and had no clue as to where to place her seal despite the fact to me at least it was obvious that these was a ton of space to the left of her signature. She asked me if this is where she ws to affix her seal. I wrote back 2 word only; ‘Ummm, yes’. I mean where else would you put it. It was the most basic part of her job that she should know. She wrote back quite annoyed that how was she supposed to know this?, blah, blah, blah. Well, how about for starters, getting your notary handbook out and giving it a try, Most folks just focus on loan signing without preparing for what’s really important. THE NOTARIZATIONS!!!

She went on to rant in a text that this is why folks are afraid to ask questions. Well guess what?, you better ask questions. Being a notary can be costly for you and the person you are notarizing signature on documents for. She stated that I sounded annoyed and she was sorry to bother me and that was that. Folks getting an attitude is not helping the situation at all. You had better get all your questions answered and know what you are doing BEFORE you touch anybody’s documents for your sake and theirs. If you don’t ,you will pay the price in more ways than one. And if a little “Ummm”, was enough to set you off then maybe you need to rethink this whole notary signing agent thing.

Why anybody wants to get into this profession without knowing everything about it is beyond me.

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April 2, 2020

How Much Can I charge for a mobile notary assignment and be sure that I will get the job?

Filed under: Other Guest Bloggers — admin @ 8:48 am

There is no easy or definite answer but based on my experience over many years, I have the following suggestions.

First and foremost, don’t immediately say YES when you are asked if you are available to do a notary signing.

The first question should never be, “how much are you paying”? Instead ask informative questions.

When (day and time) do they need it, what type of signing is it (Loan, refinance, POA etc), where is it and how many signatures are being notarized?

If you are comfortable with the answers you get on the above questions even if you don’t get all of the answers, then proceed with getting further details.

Who has the documents? If they are going to email them to you, when is the latest you can get it? Do you need to print one or 2 sets? Do they want you to fax or scan & email them back or drop it at a FeDex or UPS office? I always tell them to email the borrower a copy of the loan documents so they can review them ahead of time and not waste your time reading all of it and ask you questions when you get there for the signing.

After going through your questions, now is a good time to ask them how much they pay for the notary signing and for you to negotiate. You know the distance, date, time and hopefully number of signatures to be notarized. You need to know how much your time is worth and is it worth driving 1 hour for $75 or $150. Be prepared to let them know your reasons for your fee. In Los Angeles, the traffic can set you back 2 to 3 hours depending on where and what time you are traveling. What revenue are you giving up during the travel time otherwise known as Opportunity Cost?

I was recently blindsided when I accepted a notary signing for $250/-. On the surface it seems like more money than the average signing. The two critical mistakes that I made are not finding out definitively if the loan signing is for California or out of state and total number of signatures to be notarized. Out of state loan documents especially New York require more notarizations which require that you prepare California Acknowledgments or Jurats. Never assume that the number of signatures notarized are generally the same at around 4 or 5 for loan signings. The number of signatures I notarized was 30, not including numerous signatures and initials. Without the traveling fee alone, I could have charged up to $450/-. The signers wanted me at their house on the west side of Los Angeles at exactly 6 p.m. because it was convenient for them. That is rush hour and I spent an hour and one half on the freeway and only got there at 6:30 p.m. and offered my apologies to the signers.

As I drove back at 8:30 p.m., I reflected on how I can avoid repeating my mistakes. Although I asked for the number of signatures to be notarized, they told me that they did not know. Going forward, if I was told that they did not know the number of notarizations, then I would confirm via email that the mobile fee is good for up to 6 signatures and anything more they will be charged an additional $15/signature notarized. Next, I will not accept any assignment that will force me to drive during rush hour. If they insist, I will charge an additional fee depending on how long I expect to be stuck in traffic. If they don’t want to pay, that is fine. They can find another notary but at least I am valuing my time and they will know it.

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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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January 31, 2020

Oaths need to be signed?

Filed under: California_Notary — admin @ 11:39 am

I have heard from my sources that Oaths, Affirmations and Depositions all need to be signed by the Notary in California. This is on page 28 in the 2019 handbook near the top of the page.

But, how do you sign an Oath? An Oath is given in thin air? Unless you have a certificate stating that you gave an Oath. Or if the Oath is part of a document that is signed by all parties. Hmm. This is very odd. I wonder if any of our members have ever signed an Oath. Most of our Notaries don’t even know how to give Oaths correctly. Please let me know.

BTW, there is suggested verbiage for Jurat Oaths in the 2019 handbook on page 12. You can improvise upon it as there is no official verbiage.

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November 15, 2019

10 ways to die as a Notary — choose one!

Filed under: Humorous Posts — admin @ 5:46 am

Being a Notary isn’t always safe. Here are some dangers that you might fact.

1. Being physically abused by a borrower who doesn’t like their APR

2. Being carjacked on the way to a signing

3. Getting in a deadly accident on your way home from a signing.

4. Having your dual tray laser printer explode sending a tray (not sure which one though) flying into your head.

5. Gaining weight because you spend too much time sitting and driving and then dying from cardiovascular issues

6. Dying from touching poisoned ink that you put in your stamp.

7. Having a heart attack because you forgot your journal at home during a signing.

8. Dying of anger because you didn’t like Jeremy’s phone quiz.

9. Dying of love sickness because you realize you can’t date that borrower because she is unethical and wanted to backdate.

10. Dying in jail because you backdated and got caught.

11. Dying of romance because you wanted to date a borrower and they suggested going out on a “back date” and you died in the time machine trying to go back in time 24 hours without getting stuck there.

12. Bleeding to death due to a paper cut from a Jurat or Acknowledgment.

13. Doing a fatal Oath that kills you. “So you solemnly swear that… oh… I’m dying…”

You might also like:

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

10 things notaries can do to screw up a notarization
http://blog.123notary.com/?p=18864

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November 5, 2019

How do I find a Hindi speaking Notary?

Filed under: Public Interest — Tags: — admin @ 8:38 pm

Where can I find a Notary who speaks Hindi?
Look no further. 123notary.com has many Hindi speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Hindi speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Hindi box and find only Hindi speaking Notary service providers.

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

Notary Hindi — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Hindi?
Notaries may Notarize a document that is in Hindi, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Hindi?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Hindi language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Hindi and the Notary knows Hindi, you can conduct your Oath in Hindi.

How can I get a Hindi language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Hindi to assist you in this matter. Just visit our Advanced Search page and look up a Hindi Speaking Notary by zip code!

You might also like:

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

Apostille general information
http://blog.123notary.com/?p=21419

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October 26, 2019

How to find a Russian Speaking Notary

Filed under: Public Interest — admin @ 11:47 pm

Where can I find a Notary who speaks Russian?
Look no further. 123notary.com has many Russian speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Russian speaking Notaries in almost all states and metros! Additionally, we have a search filter directly above the search results where you can check the Russian box and find only Russian speaking Notary service providers.

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

Notary Russian — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Russian?
Notaries may Notarize a document that is in Russian, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Russian?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Russian language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Russian and the Notary knows Russian, you can conduct your Oath in Russian.

How can I get a Russian language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Russian to assist you in this matter. Just visit our Advanced Search page and look up a Russian Speaking Notary by zip code!

You might also like:

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

Apostille general information
http://blog.123notary.com/?p=21419

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>

October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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