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April 26, 2019

5 Benefits Of Notarizing Your Business Documents

Filed under: Other Guest Bloggers — admin @ 4:25 am

The government does trust the notary public, so their signature or seal is a valid sign of document reliability. Below are a few reasons why you need to have a notary public present when you are signing your essential business documents:

Your contracts become ‘self-authenticating.’
Under the Federal Rules of Evidence, a contract with a notary public’s seal is considered to be self-authenticated; meaning that in the case of a case, the witnesses who signed the documents need not appear in court to verify their signatures. This saves plenty of time, money and acts as a huge convenience in the witnesses favor.

They ensure that your documents are signed under the right circumstances
Technically, the notary public notarizes your signature, not the documents themselves. They are reliable witnesses to the fact that the person whose signature is on the document in question is indeed the one who signed it. They also ensure that the person who signed it was of sound mind and not under any duress. Again, the notary public has to ensure that the witnesses who sign your documents are within the legal right to do so.

Notarization provides clarity
There are many legal documents now that stipulate the way people go about their lives. A Power of attorney is required by a grandchild to make significant, life-altering decisions for their ailing grandparent, or title deeds to transfer ownership of land. With a notary public’s signature, these documents’ validity can be ascertained to avoid grey areas that cause conflicts.

Notaries ensure that the documents in question are adequately executed
All legally binding documents hold the signer to a commitment, and one of the notary public’s duties is to ensure that the signer fully acknowledges the agreements and obligations. For instance, for a will to be valid, it needs to include the signature of the testator, and those of two witnesses, plus a QLD probate process to facilitate execution. Yet, some states will require that a will be notarized for it to be valid. Again, if disputes are litigated, it is crucial to have a notary present. A court considers sworn affidavits as valid if they are notarized.

Protects you from fraud, identity theft, and other kinds of crimes
Having a notary public present during the signing of your documents provides you with the safest possible fallback plan, if not a prevention plan in the case of forgery and other serious white collar crimes. In this age of technology and sophisticated forgery schemes, you cannot go wrong by having your documents notarized. Notarization is now a major risk management tool for all kinds of businesses.

Conclusion:
Many people avoid notarization services because they are an added expense and may take time. However, with e-notarization, you get quick and more convenient services to keep your business documents risk-free.

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April 1, 2019

Why Is It Worthwhile to Notarize a Will?

Filed under: Other Guest Bloggers — Tags: — admin @ 8:16 am

Why Is It Worthwhile to Notarize a Will?
Notarization is also known as notarial acts. This is a three party process conducted by a notary public which includes record keeping, vetting and certifying. This is the official procedure taken to prevent fraud and also assure parties in the transaction that the document, in this case, the will being notarized is authentic. Not only the will but banking transactions documents should be notarized too.

By signing a will, one specifies how they want their property distributed after their death. This process is called probate. Whereas some states do not necessarily require notarization of wills, notarizing a will might speed up the probate speed. The question you and I might be having is, why is it worthwhile to notarize a will? Let us explore.

In most countries, a notary is carried out by a notary public who in this case acts as an eyewitness in discharging restrictive fraud activities connected to your will. There is also an act that governs such duties. He can direct oaths and witness swearing by deponents for affidavits. It is also believed that a notary can also act as an arbitrator.

Who Is Supposed To Notarize?
Notarization can be conducted by a practicing lawyer who has experience of at least 7 to 10 years. Also, an individual who has served as a judicial service member or has served under central or state government and whose position required specialized knowledge of the law is also qualified to become a notary.

Benefits of Notarizing a Will
Prevents future frauds and identity theft
George Sink urges that a notarized will help to verify that you are the one signing your will. This will help you, the owner from future frauds or identity theft in such a way that no one else can present or produce a forged will.

Notarizing your will prevents the owner from unpredictable fraud cases. This is because regardless of what the other party produces, your notarized will affirms you as the sole owner and that, can never be challenged.

Notarizing your will furthermore affirm to the fact that all the signatories are real and authentic. It also shows that genuine people signed them and that the will itself is not fabricated.

Helps Protect the rights of the will
A notarized will which has been fully certified by a notary public also aids in protecting the rights of the will. Furthermore, to avoid further and possible court proceedings, it is rather advisable for individuals to notarize their will.

Prevent court rejections
In some cases, notarizing a will is mandatory. Some lawyers argue that if you do not notarize your will, its validity in future might be questioned which might even lead to court rejections, in case there is a case and your will has to be produced. To avoid all this unfolding saga, it is advisable to notarize wills early enough.

The signatories do not necessarily have to testify in court
Another reason why notarizing your will is worthwhile is the fact that the signatories do not necessarily have to testify in court to authenticate their signatures. This saves a lot of money and time from both parties. Notarizing your will, therefore, serve as an enormous strategic advantage in the lawsuit.

Conclusion
We have discussed throughout the article what notarization is, who executes it and why is it a suitable procedure. All we can say is that notarizing your will is just a formality that should be implemented when signing your will. A notarized will assures the legal authenticity of an individual’s signature and identity whereas without doing so, a person cannot claim ownership of that particular will; therefore, notarization of a will is crucial.

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April 3, 2018

Using the correct Notarial Certificate for an Apostille:

Filed under: Other Guest Bloggers — Tags: , , — admin @ 10:17 am

At our office in Downtown Los Angeles — A1 Live Scan & Notary Services – we get to correctly renotarize many notarized documents that the SOS rejects doing an Apostille because the wrong notarial certificate was used by a Notary.

Let’s first start with what is an Apostille?
An Apostille authenticates the Notary Public as a valid and licensed Notary to a foreign government or agency. The foreign entity relies on the SOS to make sure that the document being sent to them was in fact notarized by a currently licensed notary in good standing.

Next the question is what type of Notarial Certificate do you attach to a document being taken to the SOS for an Apostille?

First and foremost, ask the singer and explain the differences between the 3 commonly used certificates – All Purpose Acknowledgment, Jurat and Copy Certification by Document Custodian.

If the signer is not sure, go over the preprinted language on the document with the signer if there is notarial wording. In most cases even if there is notarial wording, it would not comply with California Notary Laws. So then look at the existing language and if it has “affirmations”, “oaths” or “swearing as to the truth of the contents”, use a Jurat.

If the language does not have an Oath but merely says the person appeared in front of you and acknowledged signing the document, then use a California All-Purpose Acknowledgment.

The third type of Notarization for an Apostille is when a signer brings a document such as College transcripts, Degree Certificates, Passport copy, letters from third parties. These documents are already signed by the issuer and there is no notarial wording. In this case, you use a certificate called, “Copy Certification by Document Custodian” to notarize the document by the person who brings it to you even if it is not that person’s document. Hence the name “…by Document Custodian”.

Hope this clarifies the confusion surrounding certificates used for an Apostille.

You might also like:

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

Index of posts about Notary acts
http://blog.123notary.com/?p=20280

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September 20, 2016

Their Signature

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

You might also like:

Your signature needs work
http://blog.123notary.com/?p=15051

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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July 20, 2014

The Seinfeld Episode About a Notary

George’s parents (of all people, parents who constantly bicker with one another) are renewing their vows. George wants a notary to witness their vows in writing…

The Seinfeld Episode About a Notary aka Sign-Feld

GEORGE: Get this. My parents are renewing their vows.

JERRY: Frank and Estelle? (off George’s nod) The vows to argue with each other till death do they part?

GEORGE: What makes you think death’ll stop them? You think the Grim Reaper’s grim now?
Wait’ll he meets the “ungrateful dead”.

JERRY: Renewing their vows. It’s kinda sweet actually.

GEORGE: Remember that notary Kramer hired to authenticate the picture of Jesus on a piece of toast?

JERRY: The guy who swore it was Johnny Depp.

GEORGE: I still say it was Colin Farrell. I need Kramer to throw me his name. I may hire him.

JERRY: Looked more like Uncle Sam to me.

GEORGE: No way was that Uncle Sam.

JERRY: So why are you hiring a guy who worships Johnny Depp? Wouldn’t it make more sense if you were Johnny Depp?

GEORGE: I want him to authenticate the vows. If he can corroborate…

JERRY: Attest?

GEORGE: That’s right. If he can affirm the vows to be genuine, maybe then the loony birds will have to live by them for a change!

JERRY: Unless their vows are to continue not living by them.

Kramer enters.

KRAMER: Guess who’s the new errors and insurance salesman? You’re lookin’ at him!

JERRY: What makes you an errors and insurance expert? Although I admit your expertise when it comes to ensuring you make errors is second to none.

KRAMER: Remember that notary I hired?

JERRY: The one who saw Johnny Depp in a piece of toast?

KRAMER: It was Jesus, Jerry! Anybody with half a brain could tell you that!

JERRY: You’re right, you just did.

GEORGE: What was his name, Kramer? I need to hire a notary.

JERRY: Why do you want to hire a notary who doesn’t know Jesus from Johnny Depp?

GEORGE: Or Colin Farrell! He got it wrong. Maybe he’s cheaper.

KRAMER: (offering) Here’s his business card. Come on, George. Don’t you think Colin Farrell has better things to do than pop up on a piece of toast?

GEORGE: Jesus doesn’t??

KRAMER: Jesus works in mysterious ways.

GEORGE: Do does Farrell. He doesn’t even do talk shows.

KRAMER: Jesus doesn’t even do Charlie Rose!

JERRY: Will you two knock it off?

KRAMER: I’m suing the guy for affirming it was Depp over Jesus. And now I can also sell him an errors and insurance policy that’ll absorb his liabilities for an honest mistake.

JERRY: If it was an honest mistake, isn’t suing him a little dishonest?

KRAMER: I’m Cosmos, not Jesus.

GEORGE: What kind of liabilities?

KRAMER: The difference between the cost of a certifiable Johnny Depp piece of toast on eBay versus a certifiable Jesus piece of toast on eBay. You do the math!

Elaine enters, munching on a piece of toast.

ELAINE: That’s it. I am done. He’s gettin’ a Dear John text.

JERRY: Who?

ELAINE: The teeth picker.

JERRY: Can’t you at least give him some floss first?

ELAINE: Floss. Toothpicks. Sucking between my teeth. The guy can’t take a hint.

GEORGE: Are you officially breaking up with the teeth picker?

ELAINE: The man is (displaying the last of what she’s munching on) toast.

KRAMER: (Eyeing toast) Is that who I think it is?

JERRY: Here we go.

GEORGE: If he’s so bad at picking up on hints and you want him to get the message you’re dumping him, don’t text him. Write him a Dear John letter on paper that a notary witnesses. So he can corroborate it.

ELAINE: Attest?

GEORGE: Yes! Affirm to be correct, true or genuine.

ELAINE: Since when are you the notary expert?

GEORGE: When I was a kid, I had a dream about being a notary. Other kids were dreaming about naked women. I was dreaming about squeezing embossers. Your own seal. Administering oaths. It’s a very respectable line of work when you think about it.

JERRY: So why didn’t you ever take it up?

GEORGE: Since when am I respectable?

TO BE CONTINUED…

.

You might also like:

Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?tag=seinfeld

Modern Family: An Affidavit of Citizenship & Affidavit of Domicile Notarized.
http://blog.123notary.com/?tag=modernfamily

Friends: Phoebe’s boyfriend won’t take No-tary for an answer
http://blog.123notary.com/?tag=friends

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November 24, 2011

How do I get an Apostille or Authentication?

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office.  Due to budget cuts, Secretary of State Offices are not always closeby, so it can be labor intensive to get to them.
 
What is an Apostille?
An Apostille CAN BE a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that are NOT members of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from.  In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.
 
Some documents need to be authenticated before you can get an Apostille, while others don’t.
 
How do I get an Apostille?
You might consider contacting an EXPERIENCED notary who has been through the Apostille process many times.  There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.
 
Q. Can you recommend a few notaries who are experts in the Apostille Process?
A.  Yes, below there is list of notaries in various locations who know the process well.
 

San Diego, CA — Joe Ewing

 
Los Angeles, CA — Carmen Towles
 
San Francisco, CA — Glenn Turner


Sergio Musetti — Cotati, CA

 
New York City, NY — Linda Harrison
 

Oradell, NJ — Linda Harrison

 
What is an Authentication?
This certificate accompanies an Apostille.  The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.
 
When do I need an Authentication?
This is a tricky question.  Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

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

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

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April 17, 2011

Seal Forgery – it happened to me!

Seal Forgery – it happened to me
I notarized a set of loan documents for a company back in 2003. It was a regular signing and nothing went wrong. You know how companies sometimes request that you send them another “Jurat” if the stamp isn’t clear on the initial one? California notary law requires that certificates be attached to the original document for security reasons. This means stapled. But, the loan companies protest whenever you ask them to send you back the document and ask why you are being so difficult. For many signing companies, the idea of obeying laws means you are being difficult. The company that forged my stamp did not ask for a loose Jurat, they were in a hurry and pulled a fast one.

I heard about it from a third party
A third party contacted me asking if I had notarized a loan package for a particular borrower. I couldn’t find the information in my journal for the specified dates, or even for the specified month. We figured that it must be a company that I had worked for before that had an impression of my seal on one of their loan documents, since I didn’t notarize that particular borrower’s loan that was in question. We had to be detectives to figure out what had happened.

Copying my seal
This company copied an impression of my seal that was on someone else’s loan, and copied it onto an Acknowledgment certificate for an entirely different loan that I had never had anything to do with. It was hard to tell since photocopiers are so good. I asked the third party to send me the notarized document and its Acknowledgment certificate. The forging job was so pathetic, it was funny when I saw it. The seal looked legitimate to my eyes, since I couldn’t tell it was copied. However, there were tell tell signs that I had not notarized this document.

(1) I always used an embosser on every page of every document. Embossers leave a raised impression in the paper. This document had no raised seal on it.
(2) The signature was a very girly signature which didn’t match mine even slightly. The lines of the signature were very curly and the i’s were dotted with cute little circles that only a girl would make like that.
(3) The acknowledgment certificate wording didn’t have the he/she/them and (s) verbiage crossed out where appropriate indicating that the person who fudged this job couldn’t have been a notary, or at least was a really pathetic notary.

I told them:
After I saw this pathetic attempt at something which is not even good enough to qualitfy as forgery, I told the third party that I had definately not notarized this and that it was fraud. Additionally, there was no journal entry to back up this job, and I took journal entries for all transactions in all cases.

My advice
If you always use an embosser on all pages of all documents, you deter the switching of pages after the fact on documents you notarized. You make it almost impossible for someone to get away with forging your notarizations. Additionally, you impress your clients with how thorough you are which can gain you more business. An embosser is less than $40, so get one today! Some states will require a government issued authentication of permission to get an embosser, so apply now!

You might also like:

Notarizing a kidnapper

Do you like your job?

Fraud and Forgery related to the notary profession

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January 30, 2011

A Tough Act to Follow

Filed under: Andy Cowan — Tags: , — admin @ 11:05 pm

1923 was a year that made history. President Warren G. Harding unexpectedly died in office, and Calvin Coolidge was sworn in as the thirtieth president by his father, John Calvin Coolidge, Sr.

The public hadn’t exactly been in love with Harding’s scandalous administration. And “Silent Cal,” as the new Prez came to be called, wasn’t exactly Mr. Excitement. But Cal’s old man? Now there was a significant figure. The first and last notary public to swear in the leader of the free world!

Notice I said last. Toss aside the fact there was concern over whether a state notary public had the power to administer the presidential oath of office, which is why Cal repeated the oath after he returned to Washington. For a “silent” guy, he sure liked to take oaths.

No, the real reason John Calvin Coolidge was the last of his kind: His ego exploded.

Recently released transcripts (not authenticated by a notary public, but don’t hold that against me) indicate John Calvin rubbed the noses of his fellow notary publics in his rarified accomplishment.

JCC: “How’s work treating you?”

Fellow notary public: “Fine.”

JCC: “That doesn’t sound too ‘fine’.”

Fellow notary public: “I certified a transaction today.”

JCC: “I swore in the President.”

Fellow notary public: “I swore in the shower. It involved your name and a blunt instrument.”

JCC: “Come again?”

Fellow notary public: “I know you swore in the President. You won’t let anyone forget you swore in the President!”

JCC: “How could anyone forget? It was unforgettable. I put my stamp on the book of history. You put yours on, what was it again?”

Fellow notary public: (mumbling) “A transaction.”

JCC: “Sorry, I forgot.”

Fellow notary public: “Why don’t you take a page from your silent son I’ll gladly certify, and shut your trap?”

JCC: “I don’t need your seal of approval, my little man. The President I raised and whose right hand I raised gave me his, or I wouldn’t have been chosen to raise it!”

KABOOM!

That wasn’t the fellow notary public’s weapon silencing his detractor. It was the sound of an exploding ego.

Andy Cowan is an award-winning writer, producer and performer, whose credits include “Cheers,” “Seinfeld” and “3rd Rock From the Sun.” He can be reached through his website, http://upanddownguys.com

You might also like:

Notary accidentally gets arrested for robbing a bank?
http://blog.123notary.com/?p=6541

Compilation of Notary Stories
http://blog.123notary.com/?p=21898

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January 23, 2011

Notary Hell – “Yeah, but it’s a dry heat”

Welcome to Notary Hell

Notaries who have done bad deeds (or signed bad Deeds) in their personal or professional life are often committed to Notary Purgatory, or Notary Hell. Many Buddhist Notaries commented that there are seven heavens and seven hells, birth, death, and rebirth. In Notary Hell, the Power of the Devil, supersedes the Power of Attorney (even if it is Authenticated by the Secretary of State.)

In Notary Hell, misdeeds, negligence, and malfeasance are considered good things, although they prefer active acts of treachery.

Common Experiences
Notaries who are condemned to Notary Hell are subjected to all types of cruel, but not unusual tortures. Some notaries have all of their documents burned in the eternal fires of hell. Others have to do a daily signing for a “reader” who reads every letter of every page, and then claims not to be sure if they want to sign. These “readers” can take up to three hundred hours to complete a signing in 130 degree heat. The devils in Notary Hell are very despotic, they like to emboss the notaries around. One devil came around with a giant red hot steel embosser and embossed a notary’s hand. Other notaries are branded on their left shoulder with a red hot iron notary seal, so that it will be obvious which part of Notary Hell they are confined to.

One notary had a near death experience that he shared with us. His soul actually left his body. Unfortunately, because of all of the misdeeds he had committed (including backdating) that he went to hell. At first he was concerned that he was in hell. But, then after a few minutes he realized that he recognized half the people there since they were his Mortgage Broker clients.

Another notary commented that when he was in Notary Hell, everything he notarized was in invisible ink, so all of his work was virtually erased.

The Warning Signs
For those who are weak in terms of their conscious, a not so subtle warning sign is often sent to the notary from the higher world. The notary will be sent to Notary Hell for a few minutes in a dream, to scare the hell out of them. If the notary does not repent, the next time the notary commits a serious error or omission, the gates of Notary Hell will open up, and the Notary Devil himself will come for a personal visit to the notary’s official address based on their records with the Secretary of State.

Entry Procedures
All notaries are required to register with the Secretary of Hell, or as the locals call it, “The Demon Vee” within 30 days of arrival. You must have an identification document that was issued in the last ten years, but hasn’t been burned (or melted) yet. Notaries are required to take their Oath of Office. There is no prerequisite residency requirement for entry. Applicants must be 18 years or older and have committed a Felony or multiple acts of Mural Turpitude. There is no proctored exam necessary as an entry requirement for Notary Hell. References from scummy people are appreciated although not required.

There are many mansions in my father’s kingdom
But, you only get a cramped spot in the basement of the mansion next to the boiler room. Although Notary Hell is horribly unpleasant, due to funding cuts in the Secretary of Hell, most of the torturous punishments have been put on hold — at least for now.

DEVIL: Welcome to Notary Hell

NOTARY: But, all I did was backdate a few times

DEVIL: You don’t know how that affected other people’s lives, do you?

NOTARY: Are you preaching to me?

DEVIL: Well, I’m not exactly the most credible of witnesses, but let’s just say, that I’m aware of the severity of your mal-actions.

NOTARY: So, what now?

DEVIL: It’s time to get you registered. Right this way.

CLERK: ID Please?

NOTARY: Here it is. By the way, it’s hot in here!

DEVIL: Yeah, but it’s a dry heat.

CLERK: Have you visited Notary Hell before?

NOTARY: The time when my client wouldn’t turn down his TV came pretty close.

CLERK: Birth and death date

NOTARY: What’s the point, I’m dead aren’t I?

CLERK: Well, we like to keep track of these things. We like to keep accurate journal entries, just like good notaries are supposed to do — hint, hint.

NOTARY: Journal Schmournal. So, I kept a journal. People signed it. Big deal.

CLERK: We take these things very seriously in the brighter world. If it had been a lesser infraction, we would have sent you to Notary Heck.

NOTARY: Okay, okay, okay. I got it.

CLERK: If every notary were as negligent as you, the entire profession would be compromised. Ha! More business for me!

NOTARY: Okay, so what now?

CLERK: Now, we take you to your accommodations. Follow the demon dressed in red, and take a left at the pitchfork in the road.

NOTARY: Got it.

DEMON: Welcome to Notary Hell.

(walking to the notary’s accommodations)

NOTARY: Oh, look to the left. I didn’t know Saddam Hussein was a Notary.

DEMON: Little mix-up. We sent him to the wrong hell.

NOTARY: Oh look at those cauldrons, notaries are being boiled in oil.

DEMON: The one good thing about having Saddam around is that we never run out of oil.

NOTARY: Just out of curiosity, is there wifi here?

DEMON: No, but we have cable. We have the Kardashian channel playing 24/7.

NOTARY: Is this my cell?

DEMON: Here’s your palatial estate.

NOTARY: And you call this notary hell?

DEMON: Yeah, but now all your dead relatives know you have a palatial estate and they’ll be visiting you in one hour. And by the way, the thermostat is on the mantle. You can turn it down to 130 during daylight hours — if you like.

NOTARY: That’s quite thoughtful of you.

DEMON: Shhhh. don’t let that get out!

.

You might also like:

Notary comedy articles about heaven & hell
http://blog.123notary.com/?p=16640

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

Commission Impossible
http://blog.123notary.com/?p=16067

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January 14, 2011

Certified Copy of an Apostille?

Filed under: Ken Edelstein,Technical & Legal — Tags: , — admin @ 10:00 am

Certified Copy of an Apostille?
Sometimes I am in awe of the machinations suggested to reduce notary fees. I have just been asked to process a college degree with an Apostille. Routine. However, the client also has asked me to additionally prepare a “certified copy” of the Apostille bearing document! Of course this is totally illegal; and it’s worthwhile to explore the issues involved.

“Student Copies” of educational related documents (degrees, transcripts, etc.) are illegal to notarize in New York State. Photocopies do not include the anti-tamper protections commonly incorporated into the original documents. “Photoshop Magicians” have been known to change the grades; raising their grade point average from a dismal 2.5 to a laudable 3.7. All done with just a few clicks of the mouse. Worse, there have been cases where only the name is changed on the degree – instant college education!

To put an end to this fraud, New York State has added educational related documents to the list of “copy may not be notarized” documents. Already on that list are Birth, Death, Marriage, Divorce and some other officially issued documents. With educational related documents, it is the Principal or Registrar who is the only authority to sign and be notarized. Their signature is on an original, even if it duplicates a prior issuance. Degrees are generally issued for Apostille processing as a letter, signed and notarized – attached to the actual degree. Both should contain the raised seal of the issuing institution.

Now to follow the processing trail. I notarize the signature of the Registrar on the letter with attached degree. My signature is authenticated by the State of New York and the signature of the County Clerk is added; attesting to my “good” standing as a New York State Notary. Then the document goes to the Department of State to receive an Apostille, after the signature of the New York County Clerk is verified. Finally the Apostille is added; with a tamper proof, non-removable grommet, such that pages cannot be added or removed.

The package now contains many signatures: The Registrar, the Notary, the County Clerk and the Secretary of State of the State of New York. Each one has added, in addition to their signature either a raised seal, or some other tamper resistant protection. It is for that reason that the package is acceptable for use in other countries.

Now comes a request for me, the humble notary to “certify” a copy of the entire package! It’s not even easy to make a copy because of the grommet holding the pages together. The only way to make a copy is to fold the prior pages “out of the way” leaving the grommet at the top left intact.

The photocopy would be a mess, and look it. But, it is technically possible; with parts of the underlying documents “cut off” because the non-removable grommet blocks the photocopying. OK, now http://kenneth-a-edelstein.com has a “somewhat” complete copy. How can I “certify” the copy? First, it’s illegal in New York State for a notary to certify ANY copy, only the owner of the document can make a statement that the copy is complete and unaltered; assuming it’s not on the “no photocopy” list. It’s common to notarize a photocopy of an electric bill to be part of proof of residency. But, it’s a long step from electric bill (with affiant present) to educational degree with Apostille attached and no affiant. The only legal way would be to do the complete job twice.

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How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

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