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February 15, 2015

30 Point Test Course Book: Synopsis

30 Points in Your Favor!
The 30 point course book is yet another certification course offered by 123notary.com. But, this one is different. Our original certification course was a very dryly written quick course designed to teach notaries basic competency in loan signing. Our Elite course was written in late 2012 and was designed to teach very sophisticated aspects of doing business as a mobile notary such as communication, marketing, hiring others, and the finer aspects of notary and signing agent work. This new 30 point course will have some elements from both of these previously written courses, but will focus only on the technical aspects of notary and signing agent work of all levels ranging from basic to very advanced. Also, be sure to read about the new loan document which goes over facts and figures about the loan called, “The Loan Estimate” which is similar in information to the TIL & HUD-1.

Required additional reading

Best blog articles for advanced Notaries – http://blog.123notary.com/?p=14736
Mobile Offices from A to Z – http://blog.123notary.com/?p=535
Signing Agent Best Practices – http://blog.123notary.com/?p=4315
The Prepayment Penalty – http://blog.123notary.com/?p=4429
The Loan Estimate (New) – http://blog.123notary.com/?p=15437

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Table of Contents

(1) Deed of Trust – http://blog.123notary.com/?p=14245
(2) The Note – http://blog.123notary.com/?p=14270
(3-4) Right to Cancel & Closing Disclosure — http://blog.123notary.com/?p=14291
(5-7) HUD, Occupancy Affidavit, Grant & Quitclaim Deeds – http://blog.123notary.com/?p=14546
(8-9) 1003 Loan Application, Compliance Agreement – http://blog.123notary.com/?p=14335
(10) The Signature Affidavit – http://blog.123notary.com/?p=14356
(11) Following Directions – http://blog.123notary.com/?p=14379
(12) Cross-Outs http://blog.123notary.com/?p=14406
(13) When to Call the Lender (and when not to) http://blog.123notary.com/?p=14421
(14) Explain or don’t explain http://blog.123notary.com/?p=14440
(15) The Prepayment Penalty http://blog.123notary.com/?p=14447
(16) Initialing http://blog.123notary.com/?p=14463
(17) The APR http://blog.123notary.com/?p=14483
(18-24) Technical Points for Notaries http://blog.123notary.com/?p=14492
(25-27) Identification, Wrong Venues, Fraud http://blog.123notary.com/?p=14514
(28-30) Beneficial Interest, Negligence, E&O http://blog.123notary.com/?p=14532
30 Point Final QUIZ http://blog.123notary.com/?p=14557

Page Titles

Each post about the 30 point course will have a story and several points which could make the titles appear a bit long.
Titles might look like this:
Point (13) The Automatic Payment Disclosure; Story: Marcy’s Babysitter

Use this link to see all published posts in a string in reverse order:
http://blog.123notary.com/?tag=30-point-course

How is it different from the Elite course?
The Elite certification course was designed to get its students an upper arm in the notary business. It was designed to help them be a pro at negotiation, growing their business, and handling difficult strategic situations. The overall aim of the course was to help them make more money, grow their business, and gain attention from having the Yellow Elite Certification Icon next to their name on the search results. Notaries who passed are far more intelligent, sophisticated, and get a lot more work than their competitors in high spots on 123notary who lack the Elite designation. Based on my personal experience, I would vouch for the fact that a 123notary Elite signer has quadruple the signing agent knowledge as an uncertified signer. Although they don’t know everything, the depth and breadth of their knowledge is quite noticeable if you talk shop with them for more than a few minutes.

This 30 point course is only designed to teach notaries how to deal with technical situations like a pro, but not designed to help them get rich (although more knowledge never hurts). If you do well on the 30 point test, you can consider taking our Elite course. It will be easy for you if you got a high score on the 30 point test.

Summary of the 30 point course
The 30 point course will cover a wide range of notary and signing agent technical topics including following directions, best practices, understanding what information is where in the documents and more. Additionally, we added some entertaining stories to help make the text more enjoyable for the reader. There will be many stories which are designed to drive certain technical facts home in a pleasant and absorbing way.

Please Note
Not all of the questions covered in the 30 point test are taught in this course. Please rely on your personal experience as a notary to answer test questions not addressed in this course.

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You might also like:

What’s the difference between 16 clicks a month and 100 on 123notary?
http://blog.123notary.com/?p=13185

From 3 jobs a week to 3 jobs a day!
http://blog.123notary.com/?p=3940

A detailed look at the Ninja course
http://blog.123notary.com/?p=4621

Interview with a Title company
http://blog.123notary.com/?p=3724

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November 4, 2014

The Affidavit of Occupancy

An affidavit of occupancy is a simple document (sometimes notarized), that offers the borrower generally three choices. The first option (generally by making initials) is to have the property as a Primary Residence. This option typically requires the borrower to occupy the property, usually within 60 days; for a minimum of one year. The second option is to acquire the property as a second home, while maintaining a primary residence elsewhere. The third major option is to declare the property as Investment Property, not to be occupied by the borrower; but to sell or rent for rental income. It is unlikely that the borrower cannot accurately choose the correct option.

Care should be taken by the borrower to initial the correct choice. The wrong choice can result in financial and even criminal penalties at a later date. If the borrower is buying to live in, there is really no issue. However, when the intent is speculation or rental; it’s accurate disclosure or risk problems. Lower Mortgage Rates are available for owner occupied. This is why the intent to rent or speculate must be disclosed.

Affidavits of occupancy are especially relevant for small-time or independent real estate investors. If a borrower were to select “investment property” then choose to move in permanently – there probably would be no problem. Of course they would be paying a higher mortgage rate, lenders are rarely annoyed by such activity. It is the reverse, claiming to move in; getting a lower mortgage rate, then renting it out that causes problems.

Since affidavits of occupancy are not heavily regulated or governed by formal, industry-wide guidelines, they’re often originated in-house by the mortgage lenders or other real estate professionals. Thus, unlike the standardized HUD, there really is no uniform structure to the Affidavit of Occupancy. Actually it might just as well be called an Occupancy Certification, or similar. The only aspect that seems to appear with regularity is the need for the borrower to specify how they intend to utilize the property. This is generally done by initialing a specific paragraph, but some variations may call for a complete signature.

This form is a redundancy to similar assurances that appear in the Mortgage, namely, how the borrower intends to utilize the property that secures the loan. The occupancy statement contains strong language, 30 years in prison, fine of a million dollars, etc., per Title 18 US code Sec. 1001, and others. They are a separate document that the borrower cannot ignore, often notarized; and help the lender to charge a higher rate for loans that have greater risk. Typically, rental or investment property has greater risk. The difference can be half a percent that will be several thousand dollars or more over the life of the agreement.

They serve as an extra layer of protection against mortgage fraud and provide lenders with a clear chain of evidence that can be used to expose and prosecute such fraud. Whereas a homeowner might be able to make a plausible if unconvincing argument that he or she misunderstood the intent of the “occupancy question” that’s often buried within the structure of a mortgage settlement document, he or she has little chance of avoiding penalties for breaking an affidavit of occupancy. The affiants who “break” these (often) sworn statements risk being charged with mortgage fraud. At the very least the lender can demand full payment of all money due.

In processing this document care should be taken to be sure that all borrowers initial/sign the section that specifies the intended use of the property. Some lenders might require a non-obligor to also sign/initial. It’s probably a safe bet to have any signatory to the document also initial/sign the selection section.

It is the real intent of this document to curb the activities of those who wish to obtain property at a low mortgage rate for speculation or to become “little” landlords. Sometimes it takes years for the housing authorities and the lender to discover the fraud. Those false statements can and do incur harsh civil and criminal penalties. In addition to the mortgage fraud; housing violations are common. The form is simple and easy to understand. There really is nothing for the notary to “explain”. A notarized false statement is exactly that; in addition to being a crime.

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You might also like:

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

Ken’s Guide to Deeds of all types
http://blog.123notary.com/?p=16285

The Compliance Agreement
http://blog.123notary.com/?p=15828

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January 13, 2011

The journals with check boxes? What does Jeremy say?

Filed under: Journals — admin @ 11:27 pm

Don’t use it!
Any time you check a box rather than writing something in by hand, you are risking making a mistake. You are dealing with legal documents here. Being a Notary is not the same as working for the circus. The consequences for a mistake could end you up in court.

Additionally, many document names have variations. If you check the box for an Errors and Omissions document where the real name is Errors and Omissions Compliance Agreement, you did not reference the correct document.

The more serious problem with check boxes is that many Notaries feel that the laws affecting proper journal filling procedure suddently change the minute you use the check box journal. Many Notaries feel you no longer have to obey the one document per entry law or principle. Not true! The principle is still the same. The signer or borrower has to sign for each journal entry and for each document in a separate journal entry — no exceptions and don’t cry about how much longer it will take you. You are Notaries, not clowns!

My suggestion is to use the regular NNA soft cover Official Journal of Notarial Acts. It is good for any type of Notary act, has room for a thumbprint, notes about the signer, room for credible witnesses, etc. It was all I ever needed and I went through about six dozen in my career.

I first saw a real journal with check boxes recently when Carmen showed me hers. She fills hers out by hand instead of checking boxes by the way (which is correct). However, the journal doesn’t mention that many choices of documents (only about 18) so if yours is a variation on a name of a document or not on the list you still need to write it by hand. The check boxes only encourage bad bookkeeping. So, no more check boxes. We don’t like it. It is not professional, safe or a good practice!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do Notary Journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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December 22, 2023

2024 Mobile Notary Challenges: A Deep Dive

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

As we approach 2024, the landscape of mobile notary services is evolving rapidly. Both homeowners and business owners who frequently utilize these services must know the upcoming challenges. This article aims to shed light on the key mobile notary challenges in 2024 and provide insights into how these changes might affect you.

Understanding Mobile Notary Services

Before delving into the challenges, it’s crucial to understand what mobile notary services entail. A mobile notary is a notary public who travels to meet clients in person. They are essential for verifying the authenticity of important documents for real estate transactions, legal cases, and business agreements.

Key Challenges in 2024

  1. Increased Demand vs. Limited Availability: One of the significant challenges in 2024 is balancing the growing demand for mobile notary services with the available number of notaries. This surge in demand can lead to longer wait times and potential delays in processing important documents.
  2. Technological Adaptation: With rapid technological advancement, mobile notaries are expected to integrate new digital tools into their practice. However, adapting to these technologies can be a hurdle for those not tech-savvy.
  3. Security Concerns: As mobile notaries handle sensitive documents, the risk of data breaches and privacy concerns is escalating. Ensuring the security and confidentiality of client information is a mounting challenge.
  4. Regulatory Changes: The legal landscape governing notary services is constantly changing. Staying updated with these changes and complying with new regulations is a challenge for mobile notaries in 2024.
  5. Cost Fluctuations: The cost of mobile notary services is subject to change due to various factors like travel expenses, technological investments, and regulatory compliance costs. This fluctuation can impact both notaries and their clients.

Addressing the Challenges

To effectively navigate the mobile notary challenges of 2024, both notaries and their clients must take proactive measures. Here are some strategies to consider:

Advance Booking: Given the rising demand for mobile notary services, planning and scheduling them well in advance is wise. This approach helps in avoiding last-minute hassles and ensures timely completion of your documentation needs.

Embrace Technology: One of the core aspects of the mobile notary challenges in 2024 is adapting to technological advancements. Clients and notaries should utilize digital platforms for more efficient and quicker notary services. This can range from digital scheduling to e-signature platforms, enhancing the overall efficiency of the process.

Privacy Protection: In the face of growing security concerns, your mobile notary must adhere to stringent privacy and security protocols. This step is crucial in safeguarding sensitive information and maintaining the integrity of your documents.

Stay Informed: Both notaries and clients should continuously educate themselves about the latest regulations and practices in the mobile notary industry. Being well-informed can help smoothly navigate the regulatory landscape and understand the implications of any new changes.

Navigating the Challenges Ahead

The mobile notary challenges in 2024 will present a complex landscape for homeowners and business owners. By understanding these challenges and preparing accordingly, you can ensure that your notary needs are met efficiently and securely. Remember, staying informed and adaptable is key to navigating these changes successfully.

For additional insights on handling logistics and using convenient services like FedEx for document handling, consider exploring how to use a FedEx drop box, which can complement your mobile notary experiences. This resource provides valuable tips and can be a handy tool for managing document-related tasks efficiently.

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January 13, 2023

Top Mobile Notary Challenges in 2023

As mobile notaries, the world constantly changes and presents new challenges for our profession. Every year, new updates in law and regulations affect our practice. So it’s important to stay informed of what other professionals in the industry are experiencing so we can continue to do our jobs effectively and safely. In this blog post, we’ll be looking at some of the top mobile notary challenges that will likely arise during 2023 – from adapting to digital platforms amidst a global pandemic to keeping up with ever-evolving state laws – as well as how best to prepare for these hurdles ahead!

Increased Regulation and Compliance Requirements

Being a notary public is no small task! With an ever-increasing layer of regulations and compliance requirements to abide by, it’s important for notaries not only to stay up-to-date on laws governing notarial acts but to ensure that their notary service is top-notch. Mobile notaries, traveling notaries, and signing agents provide added convenience for clients seeking notarization services beyond the traditional brick-and-mortar approach. As such, notaries must recognize that increased regulation and compliance requirements come with the territory and be prepared to meet them in areas ranging from personal identification verification to data security protocols. After all, notaries are really providing an invaluable service – one that requires vigilance on their part in order to execute properly.

More States Legalizing Cannabis and Its Impact on Notarizations

With more states legalizing cannabis, notary services have never been in higher demand! From notarizing banking transactions to notarizing documents related to cannabis-related agreements, notaries are rapidly adapting their services to meet these growing demands. Mobile notary and traveling notary services like signing agents make this work possible with flexible scheduling, location options, and quick turnarounds. Today’s notaries are required to understand the effects of cannabis laws within the state they work in—and as more states legalize cannabis, notaries are rising to the challenge with an understanding of not only their state laws but regional ones too. The need for savvy notaries has never been greater!

Increased Use of AI and Other Technologies in the Notary Industry

The notary industry is no exception to the technological advancements in automation, with many notary services embracing advantages like AI and mobile notarization. Mobile notaries provide notarizing convenience to customers by visiting them directly at their homes or workplace instead of the other way around, and they can also perform notarial services remotely. Signing Agents present businesses with many opportunities, such as booking more notary assignments and being away from their office while doing it – improving efficiency while on the move! Automation allows notaries to increase access to and quality of notary services; plus, going digital has enabled notaries to work faster and become more organized. The combination of modern technology and a notary’s expertise creates an efficient yet secure process for all kinds of transactions, making it one of the top mobile notary challenges in 2023.

Continued Growth in Remote Working and Its Effects on Notaries

The notary profession has experienced a seismic shift since the introduction of remote working technology. While notaries have yet to experience the same growth across all sectors, those in the notary public, mobile notary, traveling notary, and signing agent spaces have seen particularly dramatic gains due to their ability to provide notarization services from any physical location. This means that as more companies turn towards remote approaches for workplace operations, notary service providers have seen benefits through increased business. This shift bodes well for notaries looking to expand their services online – something that would have seemed next to impossible for the average signing agent or mobile notary not long ago.

More States Legalizing Digital Notarization

Digital notarization is rapidly becoming the notary norm, quickly changing the traditional notarization landscape. As more states legalize digital notarization, mobile notaries and notary services must evolve to meet the increasingly strict criteria. This means notaries who act as traveling notaries or signing agents will become even more popular, as they are both cost-effective and able to meet the ever-hastening pace of new technology and ideas in the notarization process. Not only that but their expertise and presence in person can help make digital notarization a cinch for both notary and customer alike!

Changes in the Real Estate Market and How They Impact Notaries

When it comes to notary services, the real estate market is at the heart of it. From mobile notaries and signing agents that travel from place to place to notary publics who perform notarizations at their own location, notaries play a large part in helping facilitate transactions for buying and selling a home. So when the real estate market sees changes—be it an increase or decrease in residential sales or rising interest rates—notaries must be ready to adjust their services accordingly. Whether this means taking on more projects if there is an influx of business or partnering with other notaries for added flexibility and capacity, notaries must stay agile as changes come about to maintain their notary business and keep up with the ever-changing landscape of the real estate market.

Expectations as We Move Into 2023

In the past year, we’ve seen more changes in the notary industry than ever. From increased regulation to the legalization of cannabis, there’s been a lot to keep up with. Mobile notary challenges will persist as we move into 2023, and it doesn’t look like things are slowing down any time soon. You can expect continued growth in remote working and digital notarization, as well as changes in the real estate market that will impact notaries across the country. But no matter what challenges arise, one thing remains constant: the quality of the notaries like you who are dedicated to providing excellent service. Thank you for everything you do to ensure that our community thrives!

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