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November 18, 2021

Notary almost loses commission over botched Oath

Filed under: Notary Mistakes — admin @ 8:50 am

A Notary in Maine was talking to me a while back. She said that she gave an Oath rather than giving a choice of an Oath or Affirmation. The Maine Secretary of State threatened to take her notary commission away if she made that mistake again.

I learned this because I gave her a phone quiz. I asked her to give me an Oath for a document that said, “I love starbucks double shot” (which incidentally is not sold in stores currently due to supply chain issues.)

She offered me a choice of an Oath or Affirmation after I had requested an Oath. That is similar to a customer ordering coffee, and then the waiter asking if he wants coffee or tea. He just said that he wanted COFFEE.

The signer has the legal right to choose the Notary act, not the Notary. So, if someone chooses an Oath, then give them their Oath. Most signers are clueless and don’t know what to choose – in that case, offer them a choice.

Would you like an Oath or Affirmation?
Affirmation

Would you like cream or sugar in your affirmation?
Soy milk please.

See how easy that was.

What most people do, including in court these days is to say, “Do you solemnly swear or affirm that…..” This verbiage includes both acts in one, so you don’t have to offer a choice. However, if someone asks for an Oath, and then you say, “Swear or affirm” you are overriding their choice of an Oath, and still offering them a choice after they very clearly made their choice.

But, take this seriously, because if you goof, you could lose your commission.

SUMMARY
1. Give the signer a choice of notary acts if they haven’t chosen.
2. Don’t override their choice if they already chose.
3. Bring soy creamer just in case.

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January 22, 2021

Are you dual commissioned? Should you be?

Filed under: (5) State specific — admin @ 1:26 pm

Do you live near a state border? Not all states allow out of state notaries to become a notary in their state but some do. To the best of my knowledge here is a list of states that allow dual commissions, or at least where one of the pairs or multiples of states allows out of state notaries and where we list notaries with multiple commissions.

WA, OR,
WA, ID
ID, MT
MT, ND
KS, MO
NY, NJ
NJ, PA
NE, IA
TN, MS
FL, GA
GA, SC
RI, MA
DC, MD, VA
Possibly More…

Being dual commissioned might cost more. You will have to have two sets of stamps and perhaps journals. Two sets of bills. Two sets of many things.

123notary can list you in two states. However, there would be two listings, two sets of counties, and we hate it when people mix their list of counties between two states. But, two listings, means logging into two listings every 120 days, and perhaps double the business.

Additionally, being dual state is impressive. It means you are serious. Nobody fooling around will bother getting commissions in two or three states.

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October 13, 2019

Should the cost of your commission, phone, equipment factor into your prices?

Filed under: Notary Fees & Pricing — admin @ 11:27 pm

A handful of Notaries responded to an old article about doing some job with fax backs and eDocuments for $75. The question was, is it worth it? I also mentioned that in India people would cut off their left arm to have such an offer, but I got only sarcastic responses stating that they didn’t live in India.

Many Notaries wrote back that when calculating your fee, you should consider:

1. Cost of commission, licenses & memberships
2. Study time
3. Cell phone cost per month
4. Equipment costs
5. Advertising costs & the time spent generating business
6. Auto expenses
7. Printing expenses

The fact is that expenses from 1-5 are fixed expenses and have nothing to do with a particular job. Expenses 1-5, if too much, should influence your decision to stay in the business or leave altogether as those expenses do not go up or down based on whether or not you take a particular job.

The real cost is whether you could do something else with your time such as a more profitable job, billing clients, sleep, spending time on errands or with family. If $75 is your best offer, then take it whether it is “fair” or not. There is no fair in business — only relativity.

Additionally, if you lived in India, you would be working all day long for a few dollars and would not get to eat in restaurants hardly ever unless you had a swanky job. You would have bare bones conditions and people nagging you all day long. Don’t take for granted that you live in an affluent society because that can be taken away from you in the long run. Yes, sarcasm is good, but try to see what is going on in other countries and realize how good you have it compared to the 3rd world folks.

LINKS
You might also like:

Is $75 enough to print 2 sets of docs, notarize and do fax backs?
http://blog.123notary.com/?p=10369

$300 in 13 minutes — how Carmen cleans up in the Notary business
http://blog.123notary.com/?p=19284

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April 3, 2013

How many years is a notary commission good for?

Filed under: (5) State specific,SEO — Tags: , , , , , , — admin @ 7:51 am

How long does a notary commission last? How many years is my notary commission good for? How many years is my term of office as a notary public?

The answer is that it varies from state to state.

An Arizona notary commission is good for 4 years
A California notary commission is good for 4 years.
A Florida notary commission is good for 4 years
An Illinois notary commission is good for 4 years
A Pennsylvania notary commission is good for 4 years
A Texas notary commission is good for 4 years
A Washington state notary commission is good for 4 years

But, some states have an unusually short term of office for notaries like Delaware which is only a 2 year term of office.

Arkansas notaries are commissioned for 10 years.
Louisiana notaries are commissioned for life and have the hardest training program of any state.
Some states have a short term of office, while others have a longer one.
The majority of states have a four year term, but a few have a five, six, seven, or even longer term.

Our forum article below covers even more states and their lengths of notary terms of office.

You might also like:

How long is a notary term of office? (more states covered)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3955

Random yet interesting notary facts — did you know?
http://blog.123notary.com/?p=2818

Interesting and uncommon notary acts
http://blog.123notary.com/?p=483

Notary Funeral – when the commission expired
http://blog.123notary.com/?p=17076

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October 4, 2012

New Jersey Commissioner of Deeds – Information

Filed under: New Jersey Notary — Tags: , , , — admin @ 5:17 am

New Jersey Commissioner of Deeds – Information and History

The title of Commissioner of Deeds was established in the 19th century because only a judge could acknowledge an out-of-state deed, and it was difficult to find a judge to acknowledge a deed for a property located outside of the state. At this time, property deeds could be acknowledged only by a notary belonging to a particular state, New Jersey, for example, and a deed for a property from another state could not be acknowledged by a notary from New Jersey. The office of Commissioner of Deeds might thus be seen as a higher rank than a notary.  When states came to accept the acts of notaries from other states, the office of Commissioner of Deeds was no longer needed.
 
In New Jersey, the person is sometimes called a Foreign Commissioner of Deeds because he could acknowledge even deeds to property outside of the U.S.  These days, the Department of State strongly suggests that Secretaries of State not appoint commissioners of deeds to perform acts in a foreign country until it is made clear, with the Department’s help, that the foreign government would not object. In other words, the office of Commissioner of Deeds is outmoded.  There is no evidence that the State of New Jersey is still appointing Commissioners of Deeds, and no information on how to apply for such a position; the neighboring State of New York is no longer appointing such Commissioners.

Please see our New Jersey Notary Public Search Results!

You might also like:

They claim they never signed the deed
http://blog.123notary.com/?p=19479

Quit Claim Deed
http://blog.123notary.com/?p=18905

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April 11, 2012

New Hampshire Commissioner of Deeds Information

Filed under: Other States — Tags: , , , — admin @ 5:20 am

New Hampshire Commissioner of Deeds Information

The State of New Hampshire, a congenial state, still appoints Commissioners of Deeds for a fee of $75 for a 5-year commission.  The application can be done online and is submitted to the Governor and Executive Council.  In 4-6 weeks, you will receive your appointment and will need to sign and take your oath before a judge, who will then sign your commission.  When your oath of office is returned and filed, you will be able to act as a Commissioner of Deeds.  In other words, you will have the right to:

It is recommended that you use an official seal, even though New Hampshire state law does not require it.   The Commisioner of Deeds may charge a fee of $10 for each witness, oath, or certifications, and may charge between $5 and $50 for depositions.  The general requirement is that you be a resident of the State of New Hampshire; no minimum age is given, but it is assumed to be at least 18, as for a notary.  The Secretary of State website information is clear and simple, and also includes an online handbook–at least for Notaries.

Please visit our New Hampshire Notary Public Search Results!

You might also like:

What is a Magistrate?
http://blog.123notary.com/?p=1887

What is a Justice of the Peace?
http://blog.123notary.com/?p=103

New Hampshire Notary eccentric rules
http://blog.123notary.com/?p=103

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January 21, 2011

How many years is a Notary commission good for?

Filed under: Technical & Legal — Tags: , , , , — admin @ 9:33 am

How long does a notary commission last? How many years is my notary commission good for? How many years is my term of office as a notary public?

The answer is that it varies from state to state.

An Alabama Notary commission is good for 4 years

An Arizona notary commission is good for 4 years

Arkansas notaries are commissioned for 10 years.
A California notary commission is good for 4 years.

A Colorado Notary commission is good for 4 years
A Florida notary commission is good for 4 years
An Illinois notary commission is good for 4 years

Louisiana notaries are commissioned for life and have the hardest training program of any state.

A New Jersey Notary Commission is good for 5 years
A Pennsylvania notary commission is good for 4 years
A Texas notary commission is good for 4 years
A Washington state notary commission is good for 4 years

But, some states have an unusually short term of office for notaries like Delaware which is only a 2 year term of office.

Some states have a short term of office, while others have a longer one.
The majority of states have a four year term, but a few have a five, six, seven, or even longer term.

Our forum article below covers even more states and their lengths of notary terms of office.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3955

Penalties for notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How much does a Notary cost in 2019?
http://blog.123notary.com/?p=21308

Notary Public general information
http://blog.123notary.com/?p=20075

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January 7, 2011

Notary Funeral — When the Commission Expired

Filed under: Andy Cowan — Tags: , — admin @ 12:03 pm

NOTARY FUNERAL – WHEN THE COMMISSION EXPIRED

We’re gathered here today to celebrate the life and times of a man who made the world a better place. Since he’s no longer here, I don’t have to swear to that. He first knew he wanted to make a mark on the world when he asked to witness others making marks on pieces of paper. Other kids learned the three Rs. Our friend who we miss so learned the three-kinda-looks-like-Rs-but-better-make-sure-they’re-legible-before-he-definitely-calls-them-Rs. He was accepted as a Navy Seal, but chose to join the Notary Seals. His most dangerous mission – asking for Edward Scissorhands’ signature. He switched from pre-med to pre-notary in college, because he wanted to witness legible handwriting instead of his own horrendous handwriting had he stayed a doctor.

He was a good man who never backdated. He met his dear wife on the notary dating site, affiant.com. His wife tried to get his death certificate notarized, not realizing you can’t notarize vital records. We don’t measure his life in years, but the number of commissions he held, ever since he was of legal age. He signed, sealed, and now he shall be delivered.

Instead of being cremated, he requested to be shredded.

In lieu of flowers, his family requests pens. He never had enough pens.

You might also like:

Notary Hell — Yeah, but it’s a dry heat
http://blog.123notary.com/?p=13196

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

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January 2, 2011

Commission Impossible…

Filed under: Andy Cowan,Popular on Facebook (A little) — Tags: , , , , — admin @ 5:51 am

COMMISSION IMPOSSIBLE

Your commission, should you choose to accept it, is for an impossible mission that few notaries’ businesses live to tell about… The ones not worth commissioning…

Look out! The signer isn’t present! Right behind you! That document is incomplete! Not a good sign – The signer is the notary’s spouse! Watch out! The signer can’t produce acceptable identification! If their driver’s license picture is Waldo of “Where’s Waldo” fame, beware! Whether you can spot him in a crowd, or not, Waldo doesn’t really exist! Danger! The notary has a financial interest in the transaction! In that case, your interest must be in finding a commission impossible!

Oh no! The document doesn’t have a prepared notary certificate! Prepare yourself for disaster or no commission, whichever comes first! Danger! The notary thinks the signer is being coerced to sign! Coerce yourself out of that situation! What’s that, you say? The notary suspects the transaction is fake or deceptive? That’s as conducive to landing a commission as landing a punch in a fake wrestling match!

Look out!! The signer can’t pay the notary’s fee? Commission impossible! The signer’s a minor? Commission impossible! The signer seems drunk? Face this sober fact – Commission impossible!!

Don’t let the signer intimidate you into notarizing when the law prohibits it! If you use good judgment, you’ll get the commission the right way. Oh, and since this is “Commission Impossible,” at the end you’ll also get the girl, even if you’re not Tom Cruise. If you’re a female notary, you’ll get the guy. Even if he’s not Tom Cruise!

You might also like:

Deceptive fax backs: the good old bait and switch tactic
http://blog.123notary.com/?p=14040

Deceptive identities — companies that change their names
http://blog.123notary.com/?p=1090

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March 28, 2025

When is Remote Online Notarization Legally Accepted?

Filed under: Uncategorized — Tags: — Tom Wilkins @ 12:00 am

In today’s digital-first world, more homeowners and business owners are turning to online services to streamline everyday tasks, including notarizing documents. Remote Online Notarization (RON) offers the convenience of signing and notarizing documents without meeting a notary in person. However, it’s essential to understand when and where remote online notarization is legally accepted. Understanding remote online notarization legalities can help you stay compliant, avoid delays, and protect your transactions.

What Is Remote Online Notarization (RON)?

Remote Online Notarization allows a notary public to notarize documents electronically while communicating with the signer via secure audiovisual technology. Unlike traditional or mobile notarizations that require physical presence, RON takes place entirely online.

When Is Remote Online Notarization Legally Accepted?

The legality of RON varies across jurisdictions, and several factors determine whether a remote notarization is valid. Here are the key areas to consider:

1. State Laws and Regulations

Your state’s law is crucial in determining if RON is legally accepted. Over 40 states in the U.S. have enacted laws permitting RON in some form. However, each state has rules regarding documents that can be notarized online, notary registration requirements, and technology standards.

Examples of State Variations:

  • Texas and Florida allow RON for most document types and have streamlined processes for notary registration.

  • California does not currently allow its notaries to perform RONs, although it may accept notarizations completed in states where RON is legal.

  • New York permits RON to have strict compliance requirements, including recordkeeping and identity verification processes.

Always check your state’s Secretary of State website or consult a qualified notary to verify current RON laws.

2. Location of the Notary and Signer

In most cases, the notary must be physically located where they are commissioned, even if the signer is out of state or overseas. This is a key factor in remote online notarization legalities. For example, a notary commissioned in Virginia must be within the state of Virginia during the notarization, but the signer can be located anywhere.

This makes RON especially useful for business owners or homeowners traveling, working remotely, or living abroad but needing documents notarized under U.S. jurisdiction.

3. Document Type

Not all documents can be notarized remotely. Many states restrict RON for certain high-risk documents, such as:

  • Wills

  • Codicils

  • Testamentary trusts

Real estate documents like deeds and loan packages can usually be notarized online but may require title company approval or lender consent. Always confirm with the requesting agency before choosing RON for sensitive or legally binding documents.

4. Technology and Security Compliance

RON sessions must use approved platforms that meet state-mandated standards for:

  • Identity verification (e.g., credential analysis and knowledge-based authentication)

  • Secure audio-video recording

  • Digital certificate and electronic seal

Failure to follow these technical standards can result in a voided notarization, even if all parties participated in good faith.

Why It Matters for Homeowners and Business Owners

Understanding remote online notarization legalities is especially important when handling time-sensitive or high-value documents such as contracts, loan agreements, and property transfers. Choosing a compliant notary and platform protects your transaction from being rejected due to procedural errors or jurisdictional conflicts.

Stay Compliant and Informed

The convenience of Remote Online Notarization is undeniable, but legal acceptance hinges on where you live, what documents you need notarized, and how the session is conducted. As this area of law evolves, staying informed is key to ensuring your documents hold up in court or business transactions.

For additional reading on how notary errors can affect your documents, check out this article on notary backdating.

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