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April 17, 2018

How often do Notaries end up in court?

Filed under: Technical & Legal — Tags: — admin @ 10:24 am

Notaries can end up in court for a variety of reasons. If the person you notarized used a fake ID and you did not thumbprint them, you are likely to end up in court. If a borrower is suing the Lender and wants to sue all involved, you could end up in trouble. If you explain something poorly and the signer feels you are denying a legitimate request for service and they miss a deadline and experience a loss — you can end up in court.

Here are some ways to increase your likelihood of ending up in court:

1. Not keeping a journal
2. Doing hospital or elder notarizations (even if you are cautious)
3. Not taking journal thumbprints
4. Not explaining notary requirements clearly to irate customers who will lose big bucks if you refuse them service.
5. Doing a notarization for someone who happens to be in a court building at the time of notarization (sorry, bad example.)

So, bad communication and record keeping skills are the prime reason people get in legal trouble as a Notary.

One in seven full-time Notaries who we have spoken to (rough estimate) have ended up in court at least once. Having good records makes it a lot easier for judges and investigators. So, when we ask you to keep a journal, we are not doing that just to put another burden on you. It is for safety reasons — your safety and the public’s safety.

If someone copies your seal and impersonates you the notary and notarizes something, if you don’t have a journal of what you actually did in real life every day — then you will not be able to prove to a judge that you did not notarize that phony notarization and you can get in trouble or even end up in jail. So, if you don’t like jail, keep a journal. That is a far fetched worst case scenario, but you could get in bad trouble. So, keep a journal even if your state says you don’t have to because the FBI doesn’t play games and neither should you. And FBI is FEDERAL and they work in all states regardless of whether your state requires a journal.

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13 ways to get sued as a Notary
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The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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February 14, 2017

TRID Information courtesy of Carmen

Filed under: (4) Documents,Popular on Twitter,Popular Overall — Tags: — admin @ 12:48 am

So what is TRID?
It is ‘TILA/RESPA Integrated Disclosure’ rule, also known as TRID. Since this rule is designed to help borrowers understand the terms of their home financing transaction, there is a trend to start referring to this rule as the Know Before You Owe rule instead of TRID. The Know Before You Owe rule took effect October 3, 2015. Follow link below to see and print out forms,

http://www.consumerfinance.gov/know-before-you-owe/

What it means for the borrowers?

When the borrower starts first shopping various lenders for a loan they receive a ‘loan estimate’ (they can receive many of these to compare lenders). Once they make a decision and choose the lender they then they will receive a ‘closing disclousure’ 3 days in advance for review. It all the terms are agreeable and no changes need to be made, after the 3rd day docs can be drawn.

A new Closing disclosure has taken the place of the TIL (Truth and Lending) and The HUD (Settlement statement). This new disclosure has everything regarding the borrowers loan. Please refer to attached sample. The borrower is supposed to receive the Closing Disclourse (or Cd as we have named it) within 3 days of the docs being drawn. This is mandatory. There is now no surprises at the signing table. Keep in mind some title and escrow companies still use a HUD-1 in conjunction with the new CD. I have noticed this with purchases.

What this means for the notary signing agent? For us this means less delays in getting the documents and less questions at the table. The borrower is now already aware of the numbers and terms. The signings go much faster.

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You might also like:

Ken’s tips for the closing disclosure
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The closing disclosure itemized
http://blog.123notary.com/?p=16217

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

The 30 point course – a free loan signing course
http://blog.123notary.com/?p=14233

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January 1, 2011

Noternity Court

Filed under: Best Humorous Posts,Popular on Linked In,Sit-Coms — Tags: , , , — admin @ 8:10 am

I’m tired of seeing all of these late night shows about people who can’t keep their pants on. Then, someone gets pregnant, and they don’t know who the father is. What is the future of our country if we can’t even bear children with two sane parents who are married I ask?

In any case. There is a new show call Noternity Court. There are some states that don’t require the use of a notary seal. The problem is, that if the notary’s handwriting is bad enough, you won’t be able to tell after the fact who notarized the document.

JEFF SIMONS: Your honor, it was 20 years ago. I can’t possibly remember if I notarized that document.

SAM (client) : It’s him… I swear it. If you overlook the balding head, the wrinkles around his eyes, and the extra 50 pounds he gained, that’s the same guy.

JEFF SIMONS: How can you be so sure?

JEFF SIMERS: Yeah, I have almost the exact same name and our signatures are so similar, how can you tell the difference.

JUDGE: You’re speaking out of order. Now, I’ve submitted your notary commission signatures and identification to a signature analysis crew. If necessary I’ll also have you take a lie detector test. Since the analysis is late. Let’s start with teh lie detector.

TECHNICIAN: Now, that we have you all wired, up I’m going to ask you a few questions.

JEFF SIMONS: Okay

TECHNICIAN: Is your name Jeff Simons.

JEFF SIMONS: Yes

TECHNICIAN: Were you a notary public in the year 1995

JEFF SIMONS: To the best of my knowledge.

TECHNICIAN: A simple yes or no will do. Our records show you were. Now, did you notarize with anyone else during the period when you were notarizing for Sam.

JEFF SIMONS: No, he was the only one.

TECHNICIAN: (pause) He’s telling the truth.

JUDGE: Okay, we have the signature analytics back. The analysis shows that … (pause)

We adjurn this court session for a special announcement.

There is a sale on journals at the ANS — Antiquated Notary Supplies. Don’t do a notary entry without a journal! Otherwise you might end up in Noternity Court.

JUDGE: Now, since your state doesn’t require you to use a notary seal or notary journal, it is very difficult to qeury a particular notary transaction. Do you know how critical these transactions are? What if you were signing off a Deed to a five million dollar property, and your handwriting was so bad they coudn’t tell who the notary was. I think you need to take your jobs a whole lot more seriously. Now, we got the DNA results back, and the handwriting analysis. Jeff Simons…. you are NOT, the notary!

JEFF SIMONS: I’m not? I can’t believe it. That’s fantastic, because I’m broke and can’t make any notary support payments.

JUDGE: Jeff Simers, you have a similar name to the other Jeff, but you are also not…. the notary!

JEFF SIMERS: I’m not? Well, who is?

JUDGE: The notary’s name is Jeff Somors, and he died in Nebraska many years ago. So, we can’t summon him

MEDIUM: Speak for yourself, we can do a seyonce.

JUDGE: Now, you’re talking, but that is not permissable in court. After all, how could we prove the identity of the spirit?

MEDIUM: The way we prove anyone else’s identity. Just have the spirit sign something, and ask your handwriting analyst!

JUDGE: I think we’re on to something!

Court Adjourned!

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http://blog.123notary.com/?p=16168

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May 24, 2024

Key Spots Where Notaries Are In Demand

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

The demand for notaries has grown significantly in today’s fast-paced and constantly changing world. Notaries act as impartial witnesses for the signing of important documents, guaranteeing their authenticity and legality. Knowing the places that need notaries can help simplify processes and reassure homeowners and business owners. This article explores the areas where notaries are essential, providing valuable insights into their responsibilities across different settings.

Real Estate Transactions

One of the most common places where notaries are needed is in real estate transactions. Homebuyers and sellers often require notarized documents to finalize sales, transfer deeds, and secure mortgages. The presence of a notary ensures that all parties involved are who they claim to be and that the transaction is conducted legally. This step is crucial for preventing fraud and ensuring the smooth transfer of property ownership.

Legal Applications

Legal documents are another significant area where notaries are in demand. Contracts, affidavits, and power of attorney documents often need notarization to be considered valid and enforceable in court. Notaries play a critical role in verifying the identities of signatories and ensuring that they are signing willingly and without coercion. This verification helps maintain the integrity of legal proceedings and protects the interests of all parties involved.

Financial Institutions

Banks and other financial institutions frequently require notarized documents for various transactions. Whether opening a new account, securing a loan, or executing a financial power of attorney, notaries ensure that all paperwork is properly authenticated. Their involvement helps prevent identity theft and fraud, providing an additional security layer for the institution and its clients.

Business Operations

Businesses often encounter situations that necessitate the services of a notary. From verifying the authenticity of employee documents to notarizing contracts and agreements, notaries provide essential support to ensure compliance with legal standards. Their presence is particularly crucial during mergers and acquisitions, where the accuracy and legality of documentation can significantly impact the transaction’s outcome.

Healthcare Facilities

In healthcare settings, notaries are in demand for authenticating advance directives, medical power of attorney forms, and healthcare proxies. These documents are vital for ensuring patient’s wishes are respected in medical settings. A notary present guarantees that these sensitive documents are correctly executed, providing clarity and assurance for patients and healthcare providers.

Government Offices

Certain government documents, such as permits, licenses, and immigration papers, often require notarization. Government offices use notaries to verify applicants’ identities and ensure the accuracy of the information provided, helping maintain the integrity of public records and services.

Educational Institutions

Schools and universities also require notarized documents, especially for international students. Notaries verify transcripts, diplomas, and other educational credentials. This ensures that the documents are authentic and recognized by other institutions and employers.

Shipping and Mailing Services

Another surprising yet significant area where notaries are needed is shipping and mailing services. Places like UPS and FedEx offer notary services for customers who need documents notarized before shipping them. This convenience benefits those who must securely send important legal or financial documents. If you’re looking for a FedEx drop-off point, many of them provide notary services on-site.

Understanding the Importance of Notaries

The demand for notaries spans various sectors, from real estate to healthcare, emphasizing their critical role in ensuring the legality and authenticity of essential documents. Whether you are a homeowner navigating a property sale or a business owner securing a significant contract, the presence of a notary provides invaluable peace of mind. Recognizing the places that need notaries empowers individuals and businesses to conduct their affairs confidently and honestly.

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July 28, 2023

High Demand for Notaries: Fact or Fiction?

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

Are notaries in high demand? It is a question that both new and experienced practitioners of the notary business must face. While many view notaries as essential components of businesses, legal processes, and other services, there are still questions about whether or not being a notary is profitable or beneficial to those who sign up for the job. In this post, we will look at cold hard facts from reliable sources to see if being a notary is in high demand or just media hype.

The Evolution of Notary Services

Before exploring the present scenario, it’s essential to understand the historical significance of notaries. Throughout history, notaries have played a vital role in ensuring the authenticity and legality of various documents, from wills and contracts to affidavits and deeds. Traditionally, notaries would physically witness the signing of documents, putting their official seal and signature to attest to the event’s legitimacy. With the rise of digital transformation, some may have speculated that traditional notaries would become obsolete. Still, this assumption overlooks the resilience and adaptability of the profession.

Current Demand for Notaries

Contrary to the notion that notaries are fading into obscurity, the demand for their services remains robust in various industries and sectors. Are notaries in high demand? As transactions have increasingly globalized, the need for authenticated documents across borders has surged, putting notaries in high demand. Moreover, certain industries, such as real estate, finance, and legal services, heavily rely on notaries to certify the validity of agreements and contracts.

Real Estate Sector

The real estate industry relies heavily on notaries to authenticate property deeds, mortgage agreements, and other critical documents. Whether it’s a residential property purchase or a commercial real estate deal, notaries are essential in ensuring the smooth transfer of ownership and protecting the interests of all parties involved.

Financial Services

Banking and financial institutions often require notarized documents to facilitate various transactions, such as loan agreements, refinancing, and estate planning. The assurance provided by a notary’s signature and seal adds an extra layer of security to these crucial financial transactions.

Legal Profession

Within the legal sector, notaries are essential for witnessing affidavits, power of attorney documents, and statutory declarations. Courts and legal institutions require notarized documents as evidence in many cases, making the services of notaries a constant necessity in legal proceedings.

Adapting to the Digital Age

Recognizing the potential of technology to streamline processes and enhance accessibility, notaries have adapted to the digital age. Remote online notarization (RON) has emerged as a game-changer, enabling notaries to officiate documents virtually. Notaries can witness and authenticate signatures remotely through secure online platforms, making it convenient for clients and expanding their reach beyond geographical boundaries.

This technology integration has not only sustained the relevance of notaries but has also opened up new opportunities. RON has significantly increased efficiency in the notary process, reducing the need for physical appointments and paperwork, thus saving time and resources for both notaries and clients.

The Global Perspective

The demand for notaries is wider than in any specific region. As international trade and cross-border transactions flourish, the requirement for notarized documents has escalated globally. For instance, businesses engaging in foreign partnerships often need notarized documents to ensure the validity of agreements in different jurisdictions. Additionally, individuals immigrating to other countries or seeking dual citizenship must provide notarized documentation for legal and identity verification purposes.

Notaries In High Demand—Act Now For Success!

In conclusion, notaries are in high demand. More and more people and businesses require their services to approve various documents. Becoming a notary is a great way to earn extra income while helping to ensure that essential agreements and contracts are properly validated. Furthermore, recognizing the increasing reliance on technology can open up even more excellent opportunities for smart notaries to obtain greater success by developing the necessary technical skills and expanding into new business areas. Notaries represent an invaluable role in our society, and with the right resources, they can leverage their services for maximum success in today’s ever-evolving digital world. So if you’re looking for a reliable career option that offers diverse growth opportunities, becoming a notary could be just right for you.are notaries in high demand

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June 23, 2023

What Sets a Mobile Notary Apart from a Notary

Filed under: Notary Public 101 — Tags: , — Tom Wilkins @ 12:00 am

When you need to have an important document notarized, you may wonder if you should go to a traditional notary public or use a mobile notary. While both types of notaries offer similar services, some key differences between the notary and mobile notaries may affect your decision. In this article, we will explore what sets a mobile notary apart from a notary and explain the benefits of using a mobile notary service.

Mobile Notary vs. Traditional Notary

A traditional notary public is a professional appointed by the state to verify signatures, administer oaths, and perform other duties related to the certification of documents. A traditional notary’s office is usually in a fixed location, such as a courthouse, bank, or law firm. Clients typically visit the notary’s place to complete their documents.

On the other hand, a mobile notary is a notary public who travels to the client’s location to notarize documents. They offer more flexibility regarding time and place, making it easier for clients to get their documents notarized when and where they need them.

The Distinction Between a Notary and a Mobile Notary

One of the most significant differences between a notary and a mobile notary is that a mobile notary can come to you. This means you don’t need to take time off work, travel to the notary’s location, or wait in long lines. Mobile notaries can visit your home, office, or any other convenient place.

Another difference is availability. Traditional notaries usually work regular business hours, which may not be convenient for people who work during the day. A mobile notary, however, can work outside of regular business hours and on weekends, making it easier for clients to get their documents notarized at a time that works for them.

Fees and Scheduling

Traditionally, notaries charge a flat fee per signature they notarize. On the other hand, mobile notaries usually charge an additional fee for travel time and expenses, which can vary depending on the distance traveled and the time of day. However, mobile notaries’ convenience and flexibility can outweigh this added expense.

Regarding scheduling, mobile notaries often offer more flexibility than traditional notaries. They can usually accommodate last-minute requests and work around your schedule, which can be especially helpful in urgent situations.

When to Use a Notary vs. When to Use a Mobile Notary

The choice between a traditional and mobile notary depends on your needs and circumstances. Suppose you have a document that needs to be notarized. Still, you have limited mobility or transportation options or need it done outside regular business hours. In that case, a mobile notary may be your best option. On the other hand, if you prefer to visit a fixed location and are willing to take time off work or wait in line, a traditional notary may work well for you.

Final Thoughts: Distinguishing Notary from Mobile Notary

Understanding the differences between a notary and a mobile notary is crucial when seeking reliable and convenient notarial services. While both are responsible for certifying documents, mobile notaries distinguish themselves by their ability to travel to clients’ preferred locations, offering flexibility and convenience. With the ever-increasing demand for efficient and accessible services, mobile notaries from Notaries/Signings are invaluable. Whether you require notarizations for personal or business matters, opting for a mobile notary ensures that your documents are handled with utmost care and convenience. Take advantage of the convenience and efficiency offered by mobile notaries and secure your notarial needs today.

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January 16, 2022

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

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 9:54 am

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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Notary aptitude test
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January 9, 2022

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

Filed under: Loan Signing 101 — Tags: , , , , , — admin @ 9:24 am

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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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The ID says John Smith
http://blog.123notary.com/?p=19953

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

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

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Filed under: Loan Signing 101 — Tags: , , — admin @ 10:13 pm

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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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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