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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Index of information about documents
http://blog.123notary.com/?p=20258

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October 25, 2020

10 things Notaries can do to screw up a notarization

Originally published Nov 18, 2016.

1. When walking into a house where the borrower’s have large dogs, remember to not wear a suit of meat, as you will most likely get mauled ferociously

2. Always remember to have a small spare small container of vicks vapor rub, use just a little bit when entering the domicile of a hoarder or, of the special person who hasn’t figured out how to connect their ostomy bag

3. Under no circumstance should you ever bring your 175 lb ferocious rottweiler to a mobile appointment and let them attack your customer.

4. If you’re trying to conserve paper and think it is prudent to duplex (print on both sides), please don’t use that copy for the borrower’s to sign.

5. It’s common sense that if you don’t have your own solution, to print docs as in your own printer, don’t go into the borrower’s home and ask to use their printer to print their docs, and even more especially so, if they happen to be the respective secretary of state in your jurisdiction… remember to swear them in.

6. Body modification is great, and it is completely fine if you want to be an individual…. but if you look like you just bought the hardware section at home depot and affixed it to your face, maybe that isn’t the best way to impress a perspective client….

7. Always remember, the set of documents that the borrower’s signed, is the one you’re supposed to send back to the title company, If you have sent back the blank copy to the title company, you might not get away with stating you used invisible ink.

8. Always be prepared for almost every scenario, make sure you have extra stamp pads for when the ink starts to fade, blue or black pens depending on your jurisdiction, a writing or signature guide for the nearly blind or elderly goes a long way and you can be certain they’ll sign in the right spot. if you have a mobile printer, extra toner and always have extra paper.

9. If you plan on adding a piece of new technology to your equipment list, make sure to test it, find the faults, search the solutions, before you bring it out on the street. Also, before you go out for the day that your devices have a full charge. It’s great if you have a mobile scanner, but if something goes wrong, as things do… its even better if you have a solution or back up plan in place.

10. There is no ten. (sorry) I guess we screwed up!

.

You might also like:

10 risks to being a mobile notary public
http://blog.123notary.com/?p=19459

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

Family guy – Peter joins ISIS by mistake & needs a notarized conversion
http://blog.123notary.com/?p=10507

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July 9, 2020

Copying your notes will not get you clicks

Filed under: Your Notes Section — admin @ 9:22 am

I make welcome calls to all of our notaries. I often inform people that their notes section is blank. They say, “No problem, I’ll just copy my bio from such and such another site.” Or they say, “The bio should already be on there.” I am looking at a blank notes section on their listing and they are assuring me that it is not blank. I wonder which one of us is correct?

In any case, your notes section is one of the most critical parts of your listing. If you describe yourself well, you get more clicks and more jobs. If you leave it blank, write a one liner, or create a poorly organized notes section, you will get few clicks.

Copying your notes section is a problem simply because of the programming on 123notary.com. The top of your notes section shows up on the search results. If your copied notes say, “Hi, my name is Julia.” then that is what will show up on the search results when people see your listing along with the other local listings. Since they already know your name is Julia, you are wasting precious space telling them something redundant.

It is more effective to put your experience and selling features at the top. Mention what makes you stand out. Do you do jail signings, last minute signings, and what types of loans have you signed before?

Additionally, I have found that notes sections on 123notary.com perform better if they are in a particular format. Your copied notes will not be in that order or format. We have written countless blog articles in the category called, “Your notes section.”

So, try to read lots of our articles on notes sections and don’t copy and paste your notes. But, copying your notes is a lot better than leaving your notes blank. It is also good to touch up your notes a few times per year to keep them fresh.

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June 13, 2020

Inspecting Journals

Filed under: Journals — admin @ 10:14 pm

Many Notaries do not bother to learn how to correctly fill in their journal. This is important because you could be investigated by the FBI (it happens to our notaries from time to time) and you could end up in court before a judge. You might be treated more leniently should anything go wrong if you keep very prudent and correct looking records. If you have omissions, sloppiness and don’t follow sensible procedure, you increase the chance that you could end up in trouble.

The most important rules to remember in journal entries are:

1. Fill out all fields in the journal. The additional notes section can be used for anything noteworthy about the building or signer that might jog your memory years after the fact in court.

2. One journal entry per person per document. Three people each signing four documents = 12 journal entries, not three and not one using the squeeze it all in method. Those signatures and thumbprints that you could keep in your journal are evidence that might be used in court – treat it as such!

3. Make sure your journal is locked up and stored properly after it is filled up. There are 512 entries per journal, so make sure you have extra blank journals for when you need them.

California actually inspects Notary journals regularly. If you live in California you need to know this. They can have you copy and mail your journal entries from a particular date range. If you are not following proper procedure based on what they currently want (ask them not me what they want) then they can suspend you. California suspends or revokes many notary commissions due to exactly this reason. Additionally, the rules keep changing so keep up with the times, man.

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

You might also like:

Index of best comedy posts from 2015
http://blog.123notary.com/?p=20295

The Mayan rescission calendar
http://blog.123notary.com/?p=15096

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August 23, 2019

More on bad boy Notaries

Filed under: Humorous Posts — admin @ 10:49 pm

I wrote a blog article about the difference between bad boy Notaries and “nice” Notaries. It seems that “nice” Notaries are basically not nice at all, but a bunch of losers who want to attain other’s positive opinion and never assert themselves. The intrinsic meaning of “nice” means that you care for others which is very different from caring about how others think of you which is selfish in a lame sort of a way.

Here are some more things a bad boy Notary could do.

1. The “nice” guy Notary arrives in his Toyota Corolla or Honda, parks on the street even if he has to walk three blocks.
The bad boy Notary arrives at the signing driving a Harley. Of course, if the Harley was really noisy that would add to the bad boy appeal.

2. The ‘nice” guy Notary read copious reviews on buying the most sensible laser printer on the market, yet ends up with one that is broken half the time and works at the speed of a snail because his budget was too small. The bad boy Notary invests in a mega printer that spits out 40 pages per minute (on a bad minute) and never breaks, and also has a three year guarantee. When the bad boy Notary introduces his printer he says, and I quote, “check out this bad boy.”

3. The “nice” guy Notary neatly stacks the blank pages (if any) in the stack of loan documents. The bad boy Notary
makes spitballs out of the blank pages in the stack of loan documents, or makes paper airplanes. Japanese bad boys prefer to do origami with the blank pages and show off their Yakuza tattoos and explain the story of each tattoo. The bad boy notary could also play hang man with customers using blank pages (and even hang them if they lose.)

4. The “nice” guy Notary refuses to answer phone calls during the signing because he feels it might upset the client. The bad boy Notary realizes that he will miss his next job assignment as well as tomorrow’s job assignments if he misses phone calls, texts and emails, so he is watching them like a hawk. Moreover, he is concerned that his various lady friends might call while at the signing and he definitely doesn’t want to miss their calls.

5. The “nice” guy Notary explains to the borrower why page three on the 1003 is left blank and then gets funny looks. The bad boy Notary plays tic tac toe with the customer using page three of the 1003. Sounds kind of lame, but is a way to use the page that says, “this page intentionally left blank.”

6. The “nice” guy Notary invests big bucks going to all of the NNA conferences, learns some, and makes a handful of connections that he could have made by making a few phone calls. The bad boy Notary reads Jeremy’s blog and masters the materials in the free courses, gets a few mentors by networking with Jeremy, Carmen and the other more experienced people in the industry, AND, writes sarcastic and mildly inappropriate responses to Jeremy’s blogs… (hmmm, sounds like Ken.)

7. The “nice” guy Notary let’s his customers rack up a huge bill without complaining. After all, he is afraid that they will stop sending business his way. The bad boy Notary has a credit limit with customers which he expects them to honor. If the don’t he will cancel a job at the last minute and send a text saying, “Paypal what you owe me or find another Notary, punk!” Ouch! Once again, sounds a little like Ken, except Ken asks to be paid up front as a standard business practice. I wonder if Ken wears a leather jacket? Ken also doesn’t call people punks… he calls them turkeys instead. (gobble gobble.)

8. The “nice” guy Notary wants to attracts any client he can and is afraid to lose any client. The bad boy Notary realizes that there are some people with more time than money, and others with more money and less time — he prefers the latter and charges them appropriately. If the client is not in a position to pay big and pay fast, bad boy Notary doesn’t have a use for them.

9. The “nice” guy Notary carries pepper spray in the car just in case. Better safe than sorry. The bad boy Notary carries pepper spray in the car, on his person, a gun, has a knife collection and a club. After all, you never know what is coming. Additionally, bad boy Notary always sits closest to the door not because he is afraid — he is just thinking ahead of the game just in case something happens. You always have to have an escape plan.

10. The “nice” guy Notary always brags that he knows what he is doing and talks endlessly about his “experience.” The bad boy Notary is certified five times over and keeps his cool when talking to clients. He answers questions the way they were ask, and doesn’t try to insert little self-promoting statements into the conversation when unnecessary. He figures if someone wants to know about his background in Escrow or the 10,000 loans he signed (or claims to have signed) they will ask. He plays it cool and gets the job, because he is very professional and not at all annoying contrary to the “nice” Notary who falls on his face trying to do a snow job or smoke screen.

So, there you have it. Nice guys finish last not because they are nice, but because they are lame and unprepared, not to mention stupid. Stay ahead of the game and be a bad boy Notary. But, perhaps without the Harley as that pointer is not that critical. However the Harley jacket has been scientifically proven to attract babes.

You might also like:

Are you a bad boy Notary?
http://blog.123notary.com/?p=22380

Ken’s take on how to be a bad boy-girl, person, Notary
http://blog.123notary.com/?p=22374

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July 8, 2019

Looking Beyond the Notary Section – A case Example

Filed under: Ken Edelstein — Tags: , — admin @ 3:01 am

The classic examples
We are often told not to notarize a document that contains blank areas. Of course in reality we do exactly that in every loan package. Take a look at the 1003 (the computer version of the loan application). Lots of blank areas there and nary a single N/A. Once I was put on standby for many hours; to notarize the sale of a super tanker. The neatly bound document was thicker than the Manhattan phone book (alas no longer issued). It was about 1500 pages. I did not turn each page in a desperate attempt to find a wayward and un-entered fill in. After about 6 hours of waiting time, I notarized the (approx from recollection) two dozen affiants at the end.

What happened today
The document was an amendment to an incorporation agreement. There were to be eight affiants; even with the nicely preprinted notary sections it totaled four pages. Simple? Well there was an issue. Just prior to naming the trustees, there was the statement that the names and addresses of the trustees would follow. The names were there but not the addresses. I normally don’t read the documents, but wanted to be sure the list of names matched the notary sections. I mentioned the discrepancy to the person managing the signing. I was asked how this should be handled. I covered the I’m not a lawyer issue. They came up with three possible courses of action.

The first would be to simply write in the addresses. Second, would be to redact “and addresses”. The last was to simply ignore the matter. They choose option 2. So, when the “and addresses” had a line drawn thru (not at my suggestion), I felt compelled to raise the issue of the requirement to initial hand written changes.

The first two affiants had left the session after being properly notarized and were not present to initial the change. The other 5 initialed. Hmmmm, 8-2=5? Sorry, but one of the planned 8 could not attend and would be notarized at a later date, and also initial that redaction.

In all probability the infamous “fix it fairy” would provide initials for the two who left early; of course I did not suggest that. But, as unfair as it sounds to me; some were unhappy that I mentioned the discrepancy between the stated text and the data entered. In other words; it seemed to some that I “created a problem” – just by stating the obvious (to me) flaw.

In all probability I goofed In hindsight, as I peck away at the keyboard; away from the seven affiants who want me to resolve the “issue I created” – I shudda kept my big mouth shut. My biggest blunder was to agree on the 3 possible solutions. Perhaps the address is an absolute requirement for acceptance of the document. I truly don’t know. And, the only reason that I sailed into that blunder was by mentioning the issue.

Resolved: At least for me – if it’s not in the notary section, don’t read it, don’t comment on it. And absolutely say nothing about how they should proceed. It’s OK to mention initialing changes, but take no “legal opinion” about “course of action” when modifications are being considered.

You might also like:

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

A guide to notarizing documents with blanks or multiple signatures
http://blog.123notary.com/?p=20252

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December 16, 2018

Beginner Notaries 103 — What beginners need to know

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:44 pm

Return to Table of Contents – Beginner Notaries 103

As a beginner Notary, there is a lot you need to know. Many things that experienced Notaries take for granted might take you a year or two to find out. Here are some quick pointers that might be valuable.

1. Your Listing’s Performance.
Listings on 123notary for new Notaries can give you miracle performance. However, no matter how much you pay for a listing on 123notary, the listing will not perform well unless you have a good notes section, reviews, and it helps a lot if you are 123notary certified (especially for newer Notaries.)

2. Your Profile’s Notes Section
Listings that lack a good notes section typically get ignored as that is the first piece of information that companies look for when they are hiring. If your notes are blank, short, or incomplete, your incoming phone log from companies will be equally blank. People want to get a sense of who you are, your professional background, and your skills before they invest in a phone call. Additionally, notes sections with spelling or grammar mistakes will be a huge issue for title companies who will bypass you if they have any cause for concern. 123notary’s blog has an entire section on how to write a great notes section with dozens of unique articles.

3. Notary Reviews
Reviews are your ticket to success. Never mind how great you say you are, talk is cheap if you are complimenting yourself. But, what your customers, especially title companies say about you really matters to those thinking of hiring you. 123notary has many articles about how to get reviews, so I suggest becoming an expert on the topic.

4. Reading Suggestions
Notaries should ideally read Notary blogs, forums, visit the NNA & 123notary Facebook groups (but not the private groups), newsletters, courses, handbooks, and anything else that could be considered helpful. Getting Notary advice from semi-unemployed Notaries who frequent Facebook is a very poor idea. Get your official Notary advice only from your state Notary division and no other source otherwise you might be very sorry.

Smart Notaries and dumb notaries alike realize that they need to spend time reading to keep up. Smart Notaries get courses from helpful companies and improve their skill sets. Smart Notaries also read what other Notaries say about various signing companies as some signing companies are not the best bet to work for. Dumb Notaries spend their time gossiping with other disgruntled Notaries on various private Facebook groups that generally engage in a lot of complaining and bashing. These dumb Notaries are also dumb enough to get Notary advice from Notaries on these groups who don’t know what they are doing. It is a perfect example of what Jesus said about the blind leading the blind. Get your notary advice from your state notary division. If you get any notary advice from any other source, cross check it with your state. We teach general notary concepts here at 123notary, but we cannot say with any certainty of our principles apply to your state.

5. Experience Counts
Signing and especially Title companies typically do not want to hire someone with less than two years of experience unless they are confident about that person’s knowledge. If you have an escrow background or are certified by 123notary, that will help compensate for your lack of experience. Knowing your documents inside out will help as well which would be a side effect of our certification.

6. Low-Ball Signing Companies
Companies that hire newer signing agents are generally not fun to work for. They require fax backs, micromanage, pay poorly and might nag you a lot. They have to, otherwise they would not be able to hire beginners and provide a high level of accuracy to their clients. So, expect to be treated like a child. Once you get some experience under your belt, you might be able to start accumulating title company clients little by little. On our blog we publish a list of companies that will hire beginners. You should talk to every company on that list.

7. Getting Title Company Work
Migrating from signing companies to working for title companies (who usually pay more, but how much more depends on how the industry is doing) is something people do as they gain experience, knowledge and skill. However, most Notaries cannot work purely for title companies after two years. It sometimes takes many more years before all of your clients are high paying wonderful clients who you love working for. So, there will be a lot of paying your dues.

8. Notary Etiquette
Most Notaries do not have good phone answering skills, nor do they have good communication skills. Having good Notary etiquette and good business skills can help you succeed. If your business skills are not completely up to par, it might be good to read our articles about etiquette and brush up. Answering the phone stating your name is a first. Answering questions the way they were asked without rambling on and on matters too. Accepting instruction from others and not engaging in bragging or whining matters a lot as well. Good etiquette will make you popular with all parties.

9. Notary Education
All Notaries need to study up and be experts at their state’s notary laws. But, knowing how to handle situations, and knowing your documents matters just as much. Reading blogs is a good way to keep informed, but there is no substitute for taking actual classes. For newer Notaries, passing our certification test is a great way to gain credibility as well.

10. Risks and Liability
It is risky being a Notary. 15% of our long term full-time Notaries have been to court at least once generally as a witness. A few Notaries even get sued or end up in legal trouble that can cost them big bucks. It behooves you to keep good records and follow Notary law to a T. Understanding Notary law is not enough. You need to know how to explain to clients what you can and cannot do as well as explain to a judge why you did what you did in a particular situation. One lady turned down a Notarization on correct grounds, got sued and lost because she could not communicate clearly to the judge what her reason was for declining the notarization. You also need to have direct communication with all signers and make sure people are aware of what they are signing, particularly if they are elderly. The Notary does not need to understand the documents, but the signers do, otherwise you might end up in court.

11. Your Attitude
Most Notaries have the attitude that they already know it all and there is nothing more that they need to know. Those who are NNA certified think of themselves as blessings to the industry. The fact is that those who have passed NNA’s test typically get very poor grades on our test. There is always more to learn in this business. It is best to stay open, assume that you do not know everything, and accept criticism from those in hiring capacities or those who run Notary agencies (like me.) You will be more popular with all parties involved if you are open to suggestion and take guidance from those who are a lot more experienced and knowledgeable than you are.

12. Advertising on 123notary.
Companies that pay well love 123notary. However, they typically only hire from the top of the list. If you are not in the top three or top five, you will probably only hear from companies that don’t pay that well. Top spots are not always available, so what should you do? Get the best spot you can, and then try to pass our certification, write a good notes section, and keep getting reviews. That way if a better spot opens up, I will be likely to give it to you rather than someone else. I give open spots to the most qualified member downline, so while you are waiting, try to work on your merit, so that you get the promotion!

13. Marketing Plan
Do you have a marketing plan? Many Notaries just wing it. That is not advisable. We suggest having a definitive, well thought out written plan. You can discuss that plan with others too for suggestions.

14. 123notary is here to help.
Smart Notaries come to us with questions, or ask for help with their notes section. We are here as a resource and much of our help is completely free. Dumb Notaries complain that we scrutinize them to maintain our standards, but smart Notaries take advantage of our free assistance. In the long run, which type of Notary do you think gets ahead?

15. Researching Signing Companies
Not all signing companies are good bets to work for. Read about them in the various forums to get more info. Additionally, Notary Rotary has something called Signing Central where you can look up ratings for the various signing companies. 123notary has a list of signing companies with reviews.

Good luck, and I hope you enjoy this short course.

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December 7, 2018

Stormy Daniels accuses Notary of having intercourse with her

Filed under: Humorous Posts — admin @ 5:18 am

After the whole Trump fiasco, now Stormy Daniels is accusing a California Notary by the name of John Q. Public of giving her hush money not to talk about the secret affair they had twenty years earlier.

STORMY: You know I’m gonna let society know what you did, you little rascal.

JOHN: Have I been a very very bad boy?

STORMY: I have a little dirt on you that I’m going to hold against you.

JOHN: Just like you held me against you?

STORMY: Not exactly the same way. But, you forgot to put a state in your venue, and that is an omission.

JOHN: Are you saying that I didn’t have any ink in my seal, are you saying that I’m shooting blanks? Because I assure you that I’m fully loaded.

STORMY: Well that’s the problem. You were so loaded you couldn’t do your notarization correctly without drifting off in the middle. You also forgot to administer an Oath on my Jurat. That’s fraud baby, and I’m going to report you.

JOHN: How much more hush money do you want? Actually, my commission’s over, so it doesn’t matter anymore.

STORMY: It does on a felony conviction.

JOHN: That was twenty years ago, so the statute of limitations is over. Actually, I need to see my Attorney to verify. I owe her hush money too, so I’ll multi-task.

ATTORNEY: Hey Stormy, you should be embarrassed to have done it with a Notary. You should be paying him hush money.

STORMY: Hmm, I never thought of it that way. Especially since I was thinking about running for office. Maybe you’re right. Let’s just call it even, and make a toast with my brother Jack.

ATTORNEY: Deal. But, calling it even, there are still Attorney fees. Okay. Two bottles of Jack will do it.

STORMY: That’s money down the storm drain — pity, but makes a great pun on my name.

You might also like:

Texas suspends Notary who handled Stormy’s hush money
http://blog.123notary.com/?p=22331

Perhaps Trump will take notary competency more seriously now that he is affected
http://blog.123notary.com/?p=22335

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August 14, 2018

Title Companies: 123notary Certification – what you need to know about it.

Filed under: Uncategorized — Tags: — admin @ 10:54 am

What does 123notary Certification mean in 2018 and 2019? A letter to title companies.

123notary teaches, screens, and certifies Notaries on:
Notary Basics
Loan Documents
Unusual Scenarios (that can lead to damages)
Clear Communication
Following Directions

We go to this trouble to make your title company’s screening and hiring procedure for new additions to your roster more streamlined, and lessens the chance of serious legal complications in the long run due to improper notary work.

We know that many of you would like to hire better quality Notaries. Are our current certified members up to your standards for being a “good Notary,” and how much extra do you feel they merit per signing? Would it be too much trouble to call a handful, talk to them for a few minutes and size them up and see for yourself how much better you feel they are compared to an average signing agent?

Our 2002 through 2017 tested mainly on loan documents and a little bit on Notary procedure, but involved mostly online testing which was taken advantage of by Notaries who found ways to game the system. As of 2018, we cleaned up our certification, removing those who cannot demonstrate a certain level of still on oral & email quizzes to ensure reliability to your hiring parties. We reduced the quantity of certified members from about 1600 to about 160 and will continue to screen certified members every year or two for quality control purposes.

Our 14 point certification process generates Notaries who are generally polite, responsive, cooperative, and technically competent. I can go over our process in as much detail as you like, but first I would like to let you know that most notaries will not aggressively pursue education on their own. They will only study hard if those who hire them recommend, require, or offer preferential treatment to those that do.

If you have Notaries who you would like to send over who you use regularly who would benefit from a tune up — or those who are not good enough to put on your list due to a lack of basic knowledge, we are happy to tutor, train, or enroll them in one of our courses. This collaboration of our forces will benefit both of us and does not cost title companies a penny. Our work on 123notary is for the greater benefit of title companies. However, we charge the Notaries for advertising and education and never charge title companies for anything.

If you would like to see our sales literature, just visit our loan signing courses page on 123notary.com. If you like the reliability of our screening we would like it if you can endorse our certification. Additionally, a few dozen of our notaries have our elite certiifcation which is a much more refined version of our certification.

We would like referrals and endorsements from agencies and individuals who work at agencies that hire Notaries in exchange for us helping you to refine the quality of your signing agents.

THE CERTIFICATION PROCESS

a. 123notary certification starts with reading our educational materials. We have loan signing courses that we sell. We also have free Notary basics materials in our blog at Notary Public 101 which we are in the process of adding to our sold materials for the convenience of the buyer. However, that material on the blog is open to the public, so our students can see it at any time.

b. We also offer Q&A by email and even tutoring to those who want it. Sometimes the technical aspects of Notary procedure can be complicated and a one on one session can be the best way to learn.

c. Testing is done online, but also as a follow up by phone. Testing by phone is more reliable as a measuring stick as we can ask open ended questions, multiple choice, fill in the blank, etc. Additionally, we know that we have the correct entity taking the test and can adjust our questions to exactly what we want to ask. We can also more easily monitor how many times and when the person took the phone test than with online tests many people abuse the privilege and treat it more like a video game that they keep playing until they win.

KNOWLEDGE REQUIRED
The knowledge required to pass our test as of 2018 includes:

1. Notary Acts. We require Notaries to know when particular notary acts are used, how to explain these acts, and what the requirements of each basic act are including Acknowledgments, Jurats, Oaths, Affirmations and Proof of Execution. We do not teach other acts as they are uncommon and not necessary. We also require Notaries to know how to administer Oaths as they are required by law when executing a Jurat which is done on Affidavits as a matter of custom.

2. Notary Terminology. We require Notaries to know basic Notary terminology such as Venue, Affiant, Certificate, terms relating to Power of Attorney, etc.

3. Certificates. We go over how to fill in the additional and optional information in certificates which deters the fraudulent as well as accidental swapping of certificates to other documents.

4. Journals. We teach prudent journal entry procedure using the one entry per signer per document principle.

5. Power of Attorney. We teach Notaries to follow instructions to a tee on AIF signings and to call in if instructions are omitted or not clear as to how an Attorney in Fact should sign in their capacity.

6. Identification. We teach Notaries how to make sure the ID proves the name on the document. This may or may not be a legal requirement in their state, but it is a prudency requirement that helps reduce the chance of ending up in court.

7. FAQ’s. We teach the basics of FAQ’s at loan signings such as:
(a) When is my first payment due?
(b) Where can I read about my prepayment penalty (if there is one)?
(c) Why is my APR higher than my rate?
(d) Where does it say where my payoffs and fees are located?

8. We teach the basic loan documents. Our emphasis used to be mainly on documents while our current emphasis is on issues that can cause financial damages to companies involved in transactions which are normally Notary issues or issues pertaining to negligence in business matters.

9. RTC. We teach how to date the Right to Cancel in a Refinance for an owner-occupied property.

10. Errors on Certificates. We teach the various ways to deal with errors on certificates, but this gets into state specific areas and also in to areas pertaining to the preference of the Lender or Title company involved.

11. After-Service. After a Notary signs a loan, they still might be needed for several days to clean up errors or answer questions. Notaries are not normally aware of how long they need to be around, so we tell them what types of situations can arise after the fact and how being unresponsive by phone and email will not make them popular with Title companies.

12. Elder Signings. Issues involving the competency and state of mind of signers is critical with elder signings. Elder signings normally take place in the hospital, but it is possible that for loan signings, especially Reverse Mortgages, that elders could be there. If an elder is on morphine, they are not in a position to sign. And if they cannot paraphrase a document, it might be dangerous to notarize them for legal liability reasons.

13. Foreign language signers and foreign language documents. We address these points a bit. A Notary must have direct communication with the signer in all states but AZ where oral translators are, or were allowed. However, for safety, you should not rely on a translator, because if they make a mistake, you could end up in court and you would be ultimately responsible as the Notary Public involved in the particular transaction.

14. Omitted Information. Sometimes a Notary will go to a signing. The instructions might say, “This page must be notarized.” However, there might not be a notary certificate. In some cases there might not be a signature line. We teach how to handle these situations gracefully.

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DANGERS OF HIRING A SHODDY NOTARY

1. Oaths. If you hire a notary who does not administer Oaths, your loan could be questioned, or perhaps even overturned in court by a Judge once the judge finds out that an “incomplete notarization” has taken place. Omitting an Oath makes a Jurat notarization on a Signature Affidavit, Occupancy Affidavit, Identity Affidavit or other Affidavit incomplete and therefore a Judge could declare the document not notarized, and perhaps declare a loan as invalid as a consequence. This would cause serious legal and financial damages to many parties involved. 90% of Notaries we talk to do NOT know how to administer an Oath correctly and most do not administer Oaths at all… ever, because they think it is not “required” in their state. It is required nationally.

2. Dropping Packages on time. If you hire a Notary who holds on to packages when they don’t know what to do in a particular situation, or because they just are not in the habit of dropping documents quickly, you might not get your important documents back on time. This is dangerous and can cause delays in funding, missing the lock in an interest rate, or your loan getting cancelled. Often times several days later, the documents will be found in the trunk of the Notary’s car. Each incident of forgetting to drop a package can cost you hundreds or thousands.

3. Identification. If you hire a sloppy Notary who does not make sure the name on the ID proves the name on the document, it is possible for your loan to end up in court costing all parties thousands. The lack of thumbprints in a Notary journal also makes it hard to identify someone who used a fake ID.

4. Journals. If you hire a Notary who does not keep a journal, you might not experience trouble for years. The minute your notarizations are called into question by an Attorney, the lack of evidence (namely the notary journal) would come back to haunt you and cause a nightmare. Without evidence, you have no way to prove who notarized what, or if a fraudulent notary impostering a real notary did the work. You have no idea who did what or when or what type of identification was used, or even if the signers consented to being notarized.

Additionally, if your sloppy Notary uses the “cram it in” style of journal entries where one line in their journal accommodates all documents in a loan signing (legal in some states but not prudent) your borrower could claim that they never had all of the documents notarized, but only one, and therefore the loan is void and the transaction must be cancelled, etc. This happens once in a blue moon when a borrower wants to get out of a transaction, and legally it is hard to prove if they consented to be notarized on five documents in a transaction when there is only one signature in the journal for five documents. You could claim that the Notary was in cahoots with the lender and added four additional documents after the fact.

5. Confirming. Improper confirming of signing can lead to a lot of wasted time. If the name on the ID does not prove the name on the document, there is no point in going to the appointment. There are many other critical points to go over when confirming the signing. The majority of Notaries either do not confirm signings, or don’t do so thoroughly enough which can cause a lot of loss of time and perhaps delays in the loan process.

6. Following directions. Many Notaries do not follow directions well. This can cause a huge loss to companies that hire them assuming your directions are critical to the success of the the signing. We screen for following directions when certifying signing agents. None of them are perfect, but we weed out a lot by asking a few following directions questions.

7. Notarizing for non-English Speakers. If you notarize for non-English speakers, this can lead to liability if you cannot communicate effectively with them. Any misunderstanding could come back to you.

8. Dating the RTC. You would be surprised how many Notaries cannot date a Right to Cancel. That can cause financial damages to any company that hires them.

9. Elder Signings can be a source of liability. The elders don’t always understand what they are signing. A competent Notary makes sure the signer understands the document, especially if elderly or in the hospital.

10. Being responsive after the fact. Many Notaries disappear or play hookey after a signing. Notaries are needed to answer questions before, during and after the signing. If they are not, this could cause grief to the hiring party.

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Do you have to be a CSS to get work these days?
http://blog.123notary.com/?p=8914

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

If you were hiring a notary, what would you look for?
http://blog.123notary.com/?p=16750

If Donald Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

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