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April 4, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents can I notarize?

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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January 4, 2020

10 reasons to get 123notary certified

Filed under: Certification & Communication Skills — admin @ 7:02 am

Back in 2004 to 2012, many people wanted to get 123notary certified and studied hard to get this designation. In the last few years, we retested our certified members and found that the overall skill level of people on our site had declined a lot and that most people were not willing to study. This is a huge mistake. Title and signing companies care about experience above any other qualification. However, they still reward people for knowledge and the clicks and jobs dispatched prove my point. If you want to have an edge over the other Notaries, 123notary certification is one of the most effective investments of your time — the other two being reviews, a stellar notes section and accumulating mass amounts of experience the old fashioned way. Below are some significant benefits for 123notary.com certification.

1. Get more clicks (but, not on route 66)
123notary certification currently gets Notaries an average of about 30% more clicks to their listing. It is one major factor of several that determines whether or not your listing will even get looked at. More clicks typically translates into more jobs, however, this relationship is not directly proportional. 30% more clicks in real life would translate into 40-50% more jobs. Many people will click once on your listing during a query. But, if they give you extra clicks, that means they are strongly considering hiring you which is why the click to job ration is disproportional and in your favor.

2. Get more jobs from Title
One Notary wrote to me after he failed his certification retest audit. He said that calls from title dropped altogether the minute I took his certification icon away from him. This is not true for all Notaries, but was his case which is why he studied many hours to pass the scrutiny of my questioning. People who work for title want solid Notaries, and they look at a number of factors including certification — and for God’s sake, please don’t have any spelling mistakes in your notes section on your listing or you can expect your phone to be dead.

3. Feel more confident about yourself
Many Notaries who master our materials like the fact that they know what they are doing. At the risk of sounding more like a deodorent commercial — many signing agents have told me that the feel happier and more confident talking to title and going to signings. Yes, they spend many grueling hours studying for our test, but they feel it was worth it and I respect their diligence.

4. Be one step closer to elite certification
You cannot just become elite certified at 123notary. You need to have a solid understanding of Notary procedure and vocabulary as well as a 123notary basic certification. Certification brings you one step closer to being ready to study for the elite test which is very different material and much more obscure.

5. 123notary certification is sought after by particular companies
I have gotten correspondence from Notaries who claim that 123notary certification is informally recognized by 1st American Title among others.

6. You will be a safer Notary
Many Notaries put themselves at legal risk because they do not know the legal significance of how they handle situations. Not keeping your journal correctly could end you up in trouble with the FBI or a Judge in court. Not keeping thumbprints could get you named as a suspect in an investigation as it looks like a cover up. Doing cross-outs when it is not necessary can get you in trouble with certain county recorders or Lenders. Knowing what you can do, and knowing what you can do that is prudent are two different questions. Learn how to please your client without creating liability for yourself by mastering our Notary materials. We have written blog articles where Notaries have gotten into legal trouble and had to pay up to $20,000 to defend themselves when they were innocent. Imagine how much easier it would be if you kept proper records and acted prudently at all steps along the way.

7. Multiple certifications make you look serious
As someone who deals with Notaries all day long, I can attest to the fact that I have a higher level of respect for Notaries who have three or more certifications. Those who just get the NNA certification and say, “That is all I need.” seem like underachievers to me. I have a higher opinion of those who took notary2pro, NNA, and 123notary certification, or Loan Signing System. When I was a Notary I got certified by five organizations to give you an example of someone who takes this business seriously.

8. Make $8 more per signing.
We did a poll many years ago and learned that our 123notary certified members average income made per signing (according to their claims after a mass email was sent asking them how much their average signing netted) was $8 higher than people not certified by 123notary. Elite members made $14 more per signing. Making more income per signing means that after expenses, you will be making a lot more per year. The extra income could add up to $5000 to $10000 extra per year for a busy Notary which might be $200,000 in their lifetime. It only takes ten hours to do a good job studying for our test. Is your ten hours worth $200,000? That’s $20,000 per hour. What else can you do that is worth that much even if you do brain surgery (or are a hitman) on the side?

9. Get perks from 123notary!
If we notice you are 123notary certified, you would be more likely to get opportunities for free or paid upgrades that the others might be overlooked for. Stop being overlooked and get certified today! If you are late paying your bill, we might give you a little longer grace period. And in general we will value you more because you represent knowledge, quality, and come across as being a serious Notary. Over all you will get better treatment from 123notary if you pass our test.

10. Be more fluent explaining things to borrowers
In real life there are certain things you can and should explain to the borrowers while there are others that you should refer them to a professional about. If you pass our test you will know where to find the prepayment penalty, how to explain the APR, what is on the HUD or CD, and when their first payment is due. You will have this information memorized. You will know that a signer can legally presign an Acknowledgment (in most states) whether the Lender “prefers” that or not and how to administer an Oath without falling on your face. You will be more professional and smooth in all of your transactions.

SUMMARY
Certification will help you get more clicks, get more work, make more per signing, be smarter, feel better, be a smoother Notary, and get on the good side of 123notary. It only costs a few hours of study and a small fee, so the only thing holding you back is lethargy. Get off your assets and get 123notary certified today!

You might also like:

Compilation of posts about certification & elite certification
http://blog.123notary.com/?p=16264

123notary’s comprehensive guide to getting reviews
http://blog.123notary.com/?p=16290

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

The lady who studied 30 hours for her elite test
http://blog.123notary.com/?p=21238

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July 20, 2019

Father and daughter notary event

Filed under: Humorous Posts — admin @ 4:42 am

In another article I wrote about a father and daughter notary team. But, what about a father and daughter notary event? What would the activities be?

ANNOUNCER: Now, it is time for the embossing contest. Which team can emboss the most amount of pages in living wills?

GIRL: Don’t those have about 60 pages per document?

ANNOUNCER: Yes!

GIRL: I’ll try and I hope I LIVE through it otherwise I will need a living will.

ANNOUNCER: Actually then you will need a dying will.

GIRL: Oh, I’m dying to get one of those.

FATHER: Honey, I don’t think you need one of those quite yet. You just turned 18 and are only on your first commission. You won’t expire yet unless you get hit by a truck on the way to an Affidavit signing. Hey, it happens. That is why I got you a car with airbags.

GIRL: Isn’t my father great?

ANNOUNCER: Now it is time for the refill the notary stamp with ink competition. Ready, set, ink up!

GIRL: This competition is so messy. I wish I could skip it but it is such good practice. I might need to do this in real life.

FATHER: Might? You need to do it every year if you stay busy.

GIRL: I’ll stay busy. I’m on the database for 200 low-balling signing companies. If my price is low enough, they will work me into the ground and then not pay me.

FATHER: Sounds like a good long term plan… not! Make sure they pay you before you do anything more for them.

ANNOUNCER: Now it is time for the jump on the notary stamp contents. You make a giant stamp in this twenty foot long piece of paper.

FATHER: I’m so out of shape. I really need to get to the gym more.

ANNOUNCER: This is just like a gym and will get you in shape. Do jump to stamp daily and you will lose a pound a week.

GIRL: Okay, I’m jumping… how was that stamp? Oops, I bet the county recorder won’t like that one. I hate having to stand on this giant stamp.

ANNOUNCER: And the winner of the day is Jack Stampman… great name for a Notary by the way.

You might also like:

Should you include Kleenex in your notary bag?
http://blog.123notary.com/?p=22584

The notary apologizing game
http://blog.123notary.com/?p=22576

A notary class where the students make lots of wise cracks
http://blog.123notary.com/?p=22570

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July 7, 2019

Notary vs. Hitman: Dollars per minute

Filed under: Marketing Articles — admin @ 2:47 am

Have you ever stopped to think about the pay differential between a Notary and a hit man? Notaries are always complaining that they don’t get paid enough and don’t get any respect. You would get respect if you were a hit man though. You could even advertise on one of those hit man websites.

Hit man profile (fictional… of course!)
I am responsible and reliable. Once you hire me the job is as good as done. I always confirm my appointments, show up on time, and hire a professional cleaner who I call, “Da cleanuh.” All I ask is to be paid on time, otherwise you might end up being on my list of assignments… capiche? Just make sure you include a return FeDex package with every assignment, and let me know if the job has any special considerations or if you want me to do the job in a particular special way. I’m experienced with guns, knives, clubs, bats, maces, machetes, numchucks, strangulation (for an additional fee), and more. Long distance no problem and we specialize in bilingual hits. Hablamos Espanol y Italiano. Additionally, if you hired the wrong guy to save money and he left work uncompleted, I do clean ups as well.

If you don’t pay a Notary, they just sit and whine. But, if you don’t pay a hit man, guess what happens. Hit men get respect — Notaries don’t. Of course Notaries spend less time in jail in general unless you are like Harry who engaged in Real Estate fraud using his Notary seal – don’t be like Harry.

A Notary can make $20 to $40 average per hour doing signings depending on what the job is, and how far it is. But, a hit man might get $50,000 for a job that might take a few hours to plan and an hour to “execute.” There is more risk involved, and probably more skill. But, look at the bright side, as a hit man, you don’t have to deal with the county recorder or the IRS! A hit man’s salary could be computed as $100 per minute if you work out the math. A good hit man only needs to do two or three jobs per year and the rest of the year can be taken off lounging at an Italian villa, or in a not so Italian jail cell. Such an efficient use of time.

So, the basic break down is 50 cents a minute being a Notary vs. $100 per minute being a hit man with possible jail time. Which do you choose? But, there’s more. Hit men end up in hell making it not worth it no matter what they get paid. Notaries go to whiners purgatory where they whine about not getting paid, but at least don’t get burned in scalding oil every day. So, you are better off being a Notary, so try to learn to be good at it.

You might also like:

How far do you push for payment terms?
http://blog.123notary.com/?p=22590

Payment for jail notary service
http://blog.123notary.com/?p=22145

Notarizing the Mafia at a gelato place
http://blog.123notary.com/?p=22163

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February 26, 2019

Notary Public Seal

Most states require a Notary Public to have a Notary Seal or Notary Stamp. This is normally a rectangular shaped seal.

The seal should have the Notary’s name, commission number, expiration date, county, and state. It would also have some type of border such as a straight line, milled, or serrated. The seal should be used with ink. Some states allow for a secondary non-inked embosser that leaves a raised impression on pieces of paper for security reasons as these cannot be fraudulently photocopied.

Your notary seal’s impression should not be smudgy or the document could be rejected by the county recorder’s office. Please be sure to re-ink your seal as necessary so your notary seal’s (notary stamp’s) impression does not get too light.

You might also like:

Notary seal information from A to Z
http://blog.123notary.com/?p=8337

A forged document vs. a forged notary seal
http://blog.123notary.com/?p=10391

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Miami-Vice, a shipment of illegal notary seals
http://blog.123notary.com/?p=19927

Two and a half Notaries — the intercontinental notary seal
http://blog.123notary.com/?p=10432

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January 5, 2019

A forged Notary seal ends someone up with a prison sentence

A man from Glendale, CA earned himself a ten year prison sentence by forging a Notary seal in an attempted to conduct a 5.4 million dollar Mortgage fraud scheme. There were two co-conspirators who each served sentences themselves. One was for 6.5 years and the other for 4. years.

The fact that the criminal had altered an “authentication feature,” made the sentencing longer according to federal guidelines. The criminal used falsified documents using his false seal to fool county recorders.

Crimes like this involving Notaries engaging in fraud relating to real property (such as houses, etc.) are the worst crimes that a Notary can commit and normally end up in jail time. There are other things Notaries typically do wrong like falsifying dates on certificates which can also get you in a lot of trouble. Notaries typically do not administer Oaths correctly, or at all which can result in your commission being revoked. As a Notary, you really need to consider the fact that if you fool around with your commission, it can be taken away from you.

There was another case where a Sacramento Notary was involved in a 19 million dollar fraud scheme by impersonating NNA’s 2007 Notary of the Year. The perpetrator fled to Lebanon and was arrested upon re-entering the United States. Sampson, the Notary whose name was fraudulently used protected herself by showing her journal to prove that she had not performed those notarizations.

Let this be a lesson to those who say, and often in a whiny voice, “My state doesn’t require journals.” Without that journal, you could be accused of conspiracy in a 19 million dollar fraud scheme or identity fraud, or worse…

You might also like:

See our string of posts about Notary fraud
http://blog.123notary.com/?s=notary+fraud

California man pleads guilty in stolen Notary ID case.
https://www.nationalnotary.org/notary-bulletin/blog/2012/01/california-guilty-notary-id-case

What is the burden of proof for Notary fraud?
https://www.avvo.com/legal-answers/what-is-a-burden-of-proof-for-a-notary-fraud-in-ca-2629309.html

Notary Public Seal
http://blog.123notary.com/?p=21411

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What is the penalty for notary fraud?
Notary Fraud California
Notary Fraud New York
Notary Fraud Florida
Can a Notary be sued for fraud?
Fraudulent Notarization Pennsylvania
Fraudulent Notarization California
Fraudulent Notarization New York
What is the legal charge for witness and notary for fraudulent signatures
What is the punishment for an attorney notarizing a fraudulent document?
What to do about a fraudulent notary signature

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December 24, 2018

Acknowledgment FAQ

Filed under: Notary Acts & Certificates — admin @ 9:39 am

What is an Acknowledgment? Or, should I say, what is a Notary Acknowledgment or Notarized Acknowledgment? Why is it missing the “e” after “g”? Is that a typo, and should it be spelled Acknowledgement? No, it is not a typo.

Notaries commissioned in the various fifty states have a variety of Notary acts that they may perform. Some are common ones that are practices in virtually every state, although they sometimes have name variations and sometimes the rules for these acts can change slightly from state to state as well.

Common Notary acts that are almost completely universal include:

Acknowledgments — an act where the signer acknowledges having sign a document and acknowledges in the physical presence of the notary public, but does not have to sign in front of the Notary except in a handful of states (it’s complicated).

Jurats — an act where the signer or “affiant” must sign the document in the physical presence of the Notary Public as well as swear or affirm under the penalty of perjury to the truthfulness of the content of the document.

Oaths — a purely verbal act where the affiant must swear under Oath under God to the truthfulness of an oral or written statement.

Affirmations — a purely verbal act where the affiant must affirm under Oath on their honor to the truthfulness of an oral or written statement. Please note that Oaths and Affirmations are not the same act, but can be used interchangeably and carry the same legal weight and significance.

How does a signer Acknowledge their signature?
Does the signer say, “I hereby proclaim that I, the party of the first part, the signing party withstanding , have signed the foregoing instrument herein, and thereto, and therefor acknowledge the same in my capacity as an individual so-on and so forth.” The truth of the matter is that you can simply place the signed document in front of the Notary Public (in most states, exceptions apply) and ask him if he/she can notarized it with an Acknowledgment, or you can just say, “I signed this, please notarize it.”

What are the requirements for Acknowledgment wording or Acknowledgment verbiage?
All states require some sort of Acknowledgment verbiage. The requirements differ from state to state. Many states require certain components or facts to be covered in the wording while others might require exact state specific wording. It is best to ask an Attorney what wording is necessary in your case. Many Notaries do not carry pads of Acknowledgments with them (although they should) and it is up to you to make sure that notarial wording is either embedded in the document or attached on a loose certificate that is stapled to the document.

Who can perform a Notary Acknowledgment?
As a general rule, a Judge, Notary, Justice of the Peace, and perhaps a few other legal professions may execute Acknowledgments. When in doubt, ask an Attorney for a state specific answer.

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ACKNOWLEDGMENTS
When I studied to be a Notary Public, my teacher said you Acknowledge a signature, Execute a Jurat and Administer an Oath. This is not true. The Notary is not the one who acknowledges signatures. The SIGNER acknowledges the signature and then the Notary CERTIFIES that the signer acknowledged the signature by virtue of filling out an Acknowledgment Certificate. Here are some basics on Acknowledgments.

1. The signer acknowledges having signed the particular document.

2. The signer must physically personally appear before the Notary for such an act.

3. The signer does NOT have to sign before the Notary according to most if not all states such as AK, IA, SC, SD, VT, and WV. Lenders might require the borrower to sign in the presence of the Notary, but that is a particular Lender’s standard and not necessarily a state standard or even a best practice.

4. The Notary must positively identify the signer using identification documents acceptable to their state which normally include Drivers Licenses, State issued identification photo ID’s, Passports, and Military ID’s. Other ID might be accepted on a state by state basis. You can look that up in your handbook. Also, see our section on identification.

5. The Notary should ideally keep a journal entry of all Notarial acts even if their state does not require this.

6. There should be Acknowledgment wording appropriate or acceptable to your state inscribed within the document, or you can attach a loose acknowledgment form with a staple.

7. After you fill out the certificate form, you sign and stamp the page (some states allow you to write in your seal information without a stamp.) Make sure your stamp is clear and not smudgy otherwise the county recorder has the right to reject the Notarization.

8. Note — some states require the Notary to ask the signer to attest to the fact that they signed the document in their own free will. Please be aware if your state has any unusual requirements or special wording on forms.

9. A California Notary faces many restrictions as to what type of out of state forms they can use. Please check the California Notary Handbook to see what you can accept and what you can’t otherwise you could get in trouble particularly if it is a recorded document.

10. There is an optional and additional information section in Acknowledgments which helps identify the document that the certificate corresponds to. This includes the document name, document date, number of pages, and other pertinent information.

Resources

Basic Notary Acts — Acknowledgments
http://blog.123notary.com/?p=19500

Acknowledgment vs. Acknowledgement
http://grammarist.com/spelling/acknowledgment-acknowledgement/

Legal definition of Acknowledgment (does not necessarily apply to notary profession)
https://legal-dictionary.thefreedictionary.com/acknowledgment

Can you send a loose Acknowledgment?
http://blog.123notary.com/?p=16168

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June 22, 2018

How do you get a Power of Attorney Document?

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

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You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

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You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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November 7, 2017

The grace period after your signing

Filed under: Best Practices,Popular on Linked In — admin @ 1:03 am

Most Notaries are only concerned with making a living. It makes sense. I was the same way. This is why Notaries should get paid more so that they can be more conscientious and less worried about making a living.

After you do a signing, you might be needed for what the Japanese call, “Afta-sahvice.” That is their way of saying After-Service. After you do a signing, you might get emails and phone calls if there is something wrong. The Lender might need a tracking number. They might want to know about the ID of the signer. What if your stamp didn’t come out clear enough or what if you botched a notarization or missed a signature. Maybe the recorder objected to your seal which was too light in the corner. Even the best of Notaries make mistakes from time to time. The point is not to be perfect, but to be available (kind of like being a foster parent.)

I asked many Notaries this question:

“If you do a signing and want to go camping after the signing, how many days (if any) after you drop the Fedex in the drop box should you wait before you go camping or out of town, etc?”

Here are the answers.

1. None
(My commentary) You are leaving the signing company high and dry, but they are probably only paying you $60, so they deserve it.

2. Until they get the package.
(My commentary) The Title company might not realize there is a problem until a day or two after they get the package. Additionally, Title companies are notorious for unstapling notarized documents and losing acknowledgment forms stapled on. So, after they get the package isn’t long enough if you want to be considerate.

3. A day
(My commentary) The Title cmpany might not even get the package after a day. If you missed the Fedex cut off, and Fedex is slow, it might be two or three days before Title gets your package.

4. Two days
(My commentary) The Title company might just have gotten your package after two days. They won’t know there’s a problem until they review your work and it might sit on the secretary’s desk for a while.

5. Seven days
(My commentary) Why seven days? If the Title company gets the package it will be processed and the loan will close and fund within three to six days. Seven makes no sense at all. The person who said seven days did poorly on other questions.

6. Three days or until the rescission period is over
(My commentary) This answer is much more intelligent and well reasoned. If there is a problem, the processor will probably find it before the end of the rescission period which might be three or four days depending on whether or not a Sunday or Federal holiday.

7. Indefinitely
(My commentary) What? You are the servant of a signing company forever for a dumb $60 signing. This is like self-induced slavery. You can’t possibly mean that. Illogical. That person who said indefiniately failed my test by getting other answers wrong.

The “Correct” Answer
It seems to me that if there is a problem that requires the Notary to go back to the signing, it would reveal itself within the period of day two to day five. If the package did not arrive, on day two someone might request a tracking number which you should text them upon completion in any case — but, they might lose the text or the text might not go to the recipient but to the signing company. If there is a problem with a notarization it might be discovered on day two, three, or four, but most likely on day three. If there is a problem with the county recorder, it might not be detected for five to ten business days. The best answer for time sensitivity would be three to five days. However, if you need to go camping, you cannot just not do any signings for three to five days because you have to make a living. So, just let everyone you work for know your schedule ahead of time and let them know that they are responsible for the risk they are taking in hiring you when you will not be around to clean up any messes.

Use at your own risk!

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You might also like:

Notary Public 101 Scenarios: The Frank Camping Trip Question
http://blog.123notary.com/?p=20007

How to lose half your clients while on vacation!
http://blog.123notary.com/?p=596

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