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January 16, 2022

Quiz: You know you’re a good Notary when you…

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

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January 9, 2022

Which rules are laws, Lender practices, or best practices?

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Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

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January 6, 2022

A tale of four notaries in hospitals

This was originally published many years ago.

 A tale of four notaries and their adventures at hospitals.
 
Hospital notarizations are very tricky and there is a lot that can go wrong. We have several resource pages regarding hospital notarizations to steer notaries away from pitfalls.  The characters in this story are NOT based on real characters, but each one of them has either a single attitude or attribute that is similar to a real person that I am acquainted with.  This silly story will show how each notary fared and how their way of thinking worked in the long run.  The various notaries include an Arkansas notary, an Illinois notary, a Florida notary, and a Pennsylvania notary public.
 
(1) Jeremy Blunt, a notary in Arkansas was called to do a hospital notarization in Little Rock on the following day.  Jeremy, with his blunt, but thorough manner told them, “Make sure to tell the nurses not to drug the patient within eight hours of the signing.”.  The caregiver, who was happy to have a thorough notary, overlooked Jeremy’s blunt manner and was very willing to coordinate a temporary lapse in morphine, so that the signer (an elderly relative) would be able to sign the papers.  Jeremy called an hour before the signing to have the caregiver read the ID information to him, and had the caregiver verify that the signer had not been drugged recently, was awake and able to conversate, and wouldn’t be drugged until after the notarization, and that the nurses had been informed.  The caregiver was standing next to the bedridden signer to MAKE SURE that no intravenus drugs were given.
 
Jeremy arrives at the signing with his notary bag, records the ID in his journal, gets a signature in his journal and the document(s), fills out the certificate form(s), stamps them, affixes his official Arkansas notary seal, staples the documents together, and is done.  Jeremy gets his fee, thanks everyone in a very blunt way, and leaves.  The signers say, “That Jeremy gets the job done — he’s a bit blunt, but polite, and he saved our rear ends big time!!!  That OTHER notary let us down.  Thank god for good notaries!”
 
(2) Linda Liberty, a notary in Illinois was called to do a hospital notarization in Chicago the following day.  Since she had a strict policy of not butting into anyone’s medical business, not asking questions, and minding her own business, she omitted to ask the caregiver if the signer was on medication.  After, all thats NONE OF MY BUSINESS!  The next day, she gets to the hospital, the caregiver says, “Thank you for coming”.  Linda politely says, “Its my pleasure to serve the public wholeheartedly”.  Linda goes to the hospital room where the patient / signer is.  The patient is high on morphine and in a stupor, barely able to keep his eyes open. Linda says, “Sorry, but according to Illinois notary laws, I am not authorized to notarize someone who is not capable of thinking or communicating coherently.  I can not notarize this person in this condition, ID or no ID.  The caregiver (the daughter of the signer) said, gee, thats too bad.  Linda says, my travel fee is $60 for hospitals please.  The daughter says, “BUT, YOU DIDN”T DO ANYTHING”.  Linda Liberty says, “Excuse me, but I drove an hour and a half here in traffic, paid a toll for the bridge, sat here talking to you for twenty minutes, paid $15 for gas, and have an hour drive home. I did quite a bit and I want to get paid!!!”  The daughter said, sorry, but we can not pay you.  We are very sorry.
 
(3) Ralph Machiavelli, a notary in Florida (no relation to Niccolo… at least not by blood), got a call to do a signing of a power of attorney in a hospital in Tampa.  The power of attorney would be for the signer’s son in law to take over all of his banking and real estate transactions. Ralph had lots of experience and thought ahead.  This Florida notary public had had his fingers burned a few times and knew the techniques for keeping out of trouble and getting paid.  Ralph told the client that he collects a $75 travel fee at the door BEFORE he sees the signer.  He, then charges $10 per for stamp for an acknowledged signature which is the maximum allowed fee in Florida.  The son in law of the signer agreed, and they set the appointment for the next day at 10am.
 
Ralph gets to the appointment.  Collects his travel fee in CASH, and says, “Thank you very much”.  Lets see the signer now.  The two of them proceed to walk down the long corridor, around some bends, up an elevator, down another corridor, past a nurse station, to the left, to the right, and then into a room.  They found the signer was drugged, sleeping, and in no condition to sign or even talk.  The son in law tried to wake the signer up.  The signer eventually woke up after twenty minutes of blinking and saying, “mmmmmmm?”.   Ralph said, can you ask dad to sign this form?  The son in law said, I’ll try.  After twenty additional minutes of wasting time (a result of the medication), the son in law said, its no use, they drugged him this morning.  Maybe I have my $75 back?  Ralph says, “I’m sorry, but in addition to traveling, I spent forty minutes here waiting for your signer to sign something.  This was a complete waste of time.  Next time please make sure your dad is ready to sign at the appointed time. That means…. NO DRUGS”.  Ralph returns home with his money.  He pleasures himself with a nice baby back rib dinner, and then returns home.
 
(4) Sharisse Washington, Pennsylvania Notary Public at large, doesn’t stand for this type of nonsense or bluntness that happened in the above three stories.  She has thirty years of experience, and carries a handheld database of how to handle each situation with all its variations and pitfalls.  Sharisse minds her p’s and q’s, dots her i’s and crosses her t’s.  She informs everybody in a polite way, and doesn’t put herself in a position that anything will go wrong either.   This notary in Pennsylvania gets a call to go to a Philadelphia hospital to do a notarization the next day.  She politely asks the client if they have an ID for the signer.  She asks if they could read the ID to her, so that she can verify that they have the ID, and that its current.  She asks if the patient EVER recieves medication or is likely to receive it during the day of the signing. She asks if its possible that they could provide a “WINDOW OF TIME”, where they could be sure that the signer wasn’t going to be drugged.  She asks what the name and type of the document is.  She asks if it is in their possession and if they can read the document to her (so, she can verify that they really have it).  After she asks all of the questions on her database’s check list, the cordially thanks the client for answering her questions and assures them that she will be at the hospital lobby at 10am the following day. 
 
This Pennsylvania Notary calls at 9am to verify that they have the identification handy and that the signer is not drugged. Sharisse shows up at the hospital at 9:55 just to be on the safe side.  The client is there, thanks her for being early.  They go up to the room.  The signer is awake, sober, and conversational.  The signer signs the document and journal. Its a bit if a struggle being old and being weak, but the signer does it… because she is sober and awake… and sober…not drugged.   Sharisse does all of the remaining necessary paperwork, thanks everybody, collects her fee, and is off to her next appointment which she allowed a sufficient amount of time to get to.
 
Now that you have read how each of these four notaries handled a hospital job, its up to you to decide how you want to handle this type of job. Remember, that hospital and jail notary jobs and many more potential pitfalls and things that can go wrong than a regular office or home notary job.  Do your homework, be polite and stay out of trouble, and that way, you will be able to make a living. Otherwise, it is you who will be sorry.

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Do you like your job? A story of being kept waiting forever at a hospital.
http://blog.123notary.com/?p=617

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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May 24, 2021

Notary Pit Stop

Filed under: Virtual Comedy Themes — admin @ 1:39 am

Let’s imagine that a very important person would need to get their Notary work done in a hurry. I have notarized for directors, company presidents and other busy people. They have time to come in the room, sign and leave. They normally don’t even give you time to look at the identification. So here is my idea.

Two Notaries work as a tag team notarization outfit. They visit the VIP’s office.

Notary #1 looks at the ID and inscribes the necessary information in the journal.
Notary #2 fills out the certificates, staples them to the forms. Then,
Notary #1 gets the VIP to sign the journal.
Notary #2 gets the VIP to sign the document.
Notary #1 hands the ID to
Notary #2 to verify that the signature on the ID matches the signature on the document. Notary #2 returns the ID to the signer and then
Notary #1 stamps the document’s certificate

Questions:
Q.Why doesn’t Notary #2 stamp the actual certificate?
A. Because they are using Notary #1’s journal

Q. Why doesn’t Notary #1 throw a chair at Notary #1?
A. Because they are on the same team

Q. Why doesn’t Notary #2 throw a chair at the signer?
A. Because the signer is paying them

Q. Do they have pit stop outfits or tag team wrestling outfits?
A. Probably not, but they could if that was their theme.

Q. Does the signer have to wear a helmet?
A. That’s probably a bad idea.

Q. Who collects the money?
A. Notary #2 because Notary #1 is too busy stamping

Q. Can you bring sound effects of a real Indy 500 race?
A. That would definitely add to the experience.

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May 2, 2021

What to do if your seal’s impression was not good

Filed under: Technical & Legal — admin @ 10:18 am

There are various ways and reasons why a seal’s impression might not be perfect. Please note that county recorders are sometimes very picky about a seal being perfect with no missing corners and not too light or dark, or God forbid smudgy.

If you over-ink your stamp it could get smudgy easily. And if you are running low on ink, your stamp might be too dry. So, find that happy medium inking your seal.

There are several ways to remedy a smudgy or bad seal impression.

1. Get a fresh certificate form and start over.
This is the cleanest. But, if your client wants the original document notarized on original paperwork and no stapled certificates, you can always… (see next option)

2. Re-affix your seal below or near the original seal. Make sure the seals do not overlap. I mentioned this to the seals basking at La Jolla Beach in San Diego — they were lounging on top of each other. I told them that is against Notary law. They said, “We’re not that kind of seals — ar ar ar…”

3. DO NOT try to fix or repair the original seal impression. It will look tampered with and that would constitute tampering. It would look very suspicious and odd.

4. Do a practice exercise on a spare piece of paper and shred it once you are done. That way you can make sure your seal is not too runny, and that your wrist has the right technique.

5. Print out a new document, shred the original, resign and re-stamp. That is yet another option.

So, now you know how to solve one of the earliest problems known to mankind. If you know which came first — the chicken or the egg, and how to fix a botched stamp, then grasshopper, you are ready to go out into the world.

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April 22, 2021

Commentary on NNA’s post about accepting tips

Filed under: Business Tips — admin @ 8:26 am

In the NNA blog, they published a very nicely written document about whether or not it is ethical to accept tips as a Notary Public. The law seems to omit covering this point.

An improper influence?
NNA’s position (I can see them asking me to not mention them in my blogs within hours of when this is published, but here goes) is that you should NOT accept tips as it could be seen as an improper influence.

Here is my commentary

In-house services
If you are providing in-house Notary services, there is a state maximum for which you can charge. In california it is $15 for an Acknowledgment or Jurat. You cannot ask for more than that. If someone gives you a gift of an extra tip, it seems a little questionable to me. On the one hand you are in the clear in certain ways since you did not ask for that extra money. On the other hand, you violated the maximum fee in a sense. In this situation, I agree with the NNA that it would be better not to accept a tip.

Mobile services (not called out-house unless you really need to go.)
If you are providing mobile notary services and your state doesn’t have any Marxist restrictions on your liberty to determine your own pricing, in my opinion, the customer can offer you any type of tip they like. You are not restricted in any way as there is no price fixing for mobile work in most states (there are nine states or so that do have restrictions.)

Any small tip could be construed as an influence, one perhaps for more favorable scheduling and service next time around. However, it doesn’t seem credible as a bribe to be coerced into doing something illegal or unethical like backdating or falsifying someone’s identity. Bribes for those types of illegal services would be in the tens of thousands and not an extra $5. An extra $10 is an innocent way of saying thank you and we value you, not a bribe.

One of the greatest joys as a mobile notary is to get one of those wealthy, generous and charismatic clients who is flamboyant in the praises and gifts that they give you. If you are a Notary who makes their life easy and pleasant, you deserve those gifts in my opinion. Notaries have been given gift certificates, movie passes, boxes of chocolates, and more. As an in-house Notary, it is slightly questionable and “safer” as the NNA claims not to accept this gift. But, it is not illegal to accept a gift from someone and you might offend them or hurt their feelings if you don’t.

So, I respectfully agree, while disagreeing with the NNA on this issue, but I do respect their correct idea that it is “safer” not to accept gifts. It’s also safer for a ship never to leave the harbor, but then what good is it being a ship if you just sit there collecting barnacles?

Here is the original post and it’s interesting
https://www.nationalnotary.org/notary-bulletin/blog/2019/11/should-notaries-accept-tips-and-gratuities?utm_campaign=bulletin20201207&utm_medium=sociall&utm_source=facebook&utm_content=AcceptingTips&fbclid=IwAR33D11k5wLBj4_3GdrAdGGfhPmJZI8xO0NanYQFKE9M_IZ3wL7XpXTkhJI

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April 20, 2021

Last minute notary questions? Who do you call?

Filed under: Business Tips — admin @ 8:13 am

I have to keep reading online to see what is going on in the industry. When I was a Notary (young man) the NNA had a great hotline. I am not sure if they kept it continuously, but they still have it now.

They are great at answering state specific technical questions and train their staff well. Go to the NNA’s website and find out what their number is. Additionally, NNA is a great place to buy E&O Insurance, stamps, bonds, journals (my favorite source) and certificate pads. Yes, it is one stop shopping.

So, now you know who to call, and it is not Ghostbusters. It’s the NNA hotline!

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January 21, 2021

What if you have more than one county in a venue?

Filed under: Technical & Legal — admin @ 1:26 pm

How would this happen? If you have two signers being notarized on one document, but they are in different counties, but the same notary is notarizing both of them on the same day, then you might have two counties in one venue.

On the other hand, it might be more kosher to use two Acknowledgment forms, one per person, and one per county. It might look odd if the document gets recorded at the county recorder’s office if there are two counties. It might raise eyebrows.

In my experience, I have only indicated two counties on one certificate once in my career. I had to ask someone at a signing company how to do it. My notary course never said that you could do that but also never said that I could not. Hmm. One of those things.

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January 7, 2021

A step by step guide to RON

Filed under: Technical & Legal — admin @ 12:56 pm

I am watching more videos on RON to try to learn more.

There are different types of portals. Some portals farm out work to you and pay you once a day or so. One lady made $5 per notarization, but got a lot of quantity providing she was quick on the draw when jobs were dispatched or made available.

Other portals allow you to bring your own clients from wherever you found them, or clients your boss gave you. There are also portals where you can bring your own clients or notarize theirs for a cut of the total money. Here are some of the specifications and steps involved.

(1) You need an online commission (not all states allow this)

(2) You need an online seal

(3) IDENTIFICATION. The portals will verify the signer’s identity by seeing a photo of the front and back of their ID and also by asking them questions based on their credit information that supposedly only they (or a really good identity thief) would know.

(4) PAYMENT. The Portal will have a system to input the signer’s credit card information.

(5) THE DOCUMENT. The Notary can start the session after the ID and credit card have been inputted. The notary will see a video of themselves and the signer. The notary can enlarge or turn the ID using tools and compare it to the signer. The signer can also see the Notary’s information. Both parties can see the document on your computer.

(6) SIGNING. The signer can fill in the blanks and sign and date the document from here on. The signature can be drawn, typed or a scan can be used. The Notary can then fill in the venue, certificate wording, and then sign and seal the document.

(7) Last, you can click the complete the session button.

Some portals charge to get set up, while others like OneNotary do not charge up front for Notaries to get started with them.

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