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July 5, 2018

A notary was in court due to a suspicious marriage

Filed under: General Stories — admin @ 9:34 am

A Notary was in court. The judge could not figure out why the Jr. was taken off one of the forms that one of the signer’s signed. The signer was licensed to be married to someone twenty years younger which was also suspicious. It looked like someone was trying to conceal their age or their youth. The point of the story is that the Notary got in trouble because someone else was up to some funny business. It looked like the Notary might have been involved.

If you are involved in funny business or in a situation where you look like you are involved, you can get in trouble. It is better to avoid any situation which looks funny if you are legally allowed to avoid it in your state.

The rules for when and how you can decline a notarization are not always spelled out. Perhaps this needs to be a bigger part of notary law to spell that out.

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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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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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Ken’s tips for the closing disclosure
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The closing disclosure itemized
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Index of information about documents
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The 30 point course – a free loan signing course
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January 1, 2011

Noternity Court

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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October 13, 2019

Seven Tips for Choosing a Lawyer in a Personal Injury Case

Filed under: Other Guest Bloggers — admin @ 10:43 am

Seven Tips for Choosing a Lawyer in a Personal Injury Case
When choosing a personal injury lawyer for your case, there are many things that you need to take into consideration. If you have been injured and want the compensation that you are entitled to, you need to find a lawyer that knows exactly how to win your case and has experience in similar cases. Here are seven tips for choosing a lawyer for your personal injury case.

Location
Before you focus on anything else, you need to make sure that the lawyer you want can practice within your area. For those who live in Pennsylvania, you need to find a trustworthy Lehigh Valley personal injury lawyer such as those who work at Trapani Law Firm.

Track History
If you want to know the likelihood of a lawyer winning your case, you need to check their track history and see how many cases they have won, as well as what these cases entailed. Finding a personal injury lawyer who wins the cases they take on is essential, but you should also be aware that some lawyers only decide to take on the cases they know they will win, meaning this is just one thing that you need to consider.

Relevant Experience
Experience provides you with a sense of stability and allows clients to check the track history and understand more about how a lawyer works. While all lawyers need to start somewhere, when dealing with a personal injury case it is best to stick to a lawyer with relevant experience.

Disciplinary Record
A disciplinary record is essentially what it says on the tin. This record can inform you of any complaints that the lawyer may have received and can also provide information such as if the lawyer has ever been disbarred or suspended. If you have already met with the lawyer and they are ticking the right boxes, it may be worth discussing with them what happened with a complaint they received and how they dealt with it. Unfortunately, clients can sometimes file a complaint even when the lawyer has done everything within their power to assist them, so it is best to determine the root cause of the complaint before ruling a lawyer out completely. You can find information regarding a disciplinary record about any lawyer online.

Practice Years
Those who have been in the profession for a long time will have great experience and will understand a personal injury case better than anyone. If your case is especially complex, finding a lawyer with many years of experience is even more important to enable you to win your case and gain the compensation that you deserve.

Reputation
Finding a personal injury lawyer with a good reputation means that you are more likely to trust them with your case. You can check reviews on most law firm websites and you may also be able to find reviews online. A personal injury lawyer who has a good reputation within the state may be able to get your case solved more quickly as they are known throughout the courts. Finding positive reviews from previous clients can enable you to feel more at ease as it can be hard to judge someone on a first meeting. You may also want to ask the personal injury lawyer upon your first meeting if they have any client testimonials for you to read through.

Focus
Personal injury cases are all unique, and so you may want to find a lawyer that has a special focus on your personal injury case. It may be that you were involved in a slip and fall accident and so finding a lawyer that has focused on similar cases is ideal. You can usually find this out on their website or by speaking to the lawyer directly.

Following these seven tips you can find a personal injury lawyer that is perfect for your needs and your case.

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September 22, 2019

When can you charge for an Oath?

Filed under: Technical & Legal — admin @ 10:32 pm

If an Oath is a separate and independent notary act, you can charge for it as far as I know — I swear!

But, I believe (and please comment below if I am wrong) that you may not charge extra for an Oath on a Deposition, court appearance, or for credible witnesses.

When using credible witnesses for an Acknowledgment, you just charge for the Acknowledgment, but not for the credible witnesses. This is only for states that allow credible witnesses which is about 30 states more or less and you can look them up online.

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September 18, 2019

What Do Personal Injury Lawyers Do for Their Clients?

Filed under: Other Guest Bloggers — Tags: — admin @ 10:20 pm

What Do Personal Injury Lawyers Do for Their Clients?

There is a large list of issues that require the assistance of law. So many that one lawyer can’t master how to deal in each of them. That’s how the concept of different lawyers for different types of cases came into being. One of the most widely seen issues in the United States is personal injury. So the need for personal injury lawyers was inevitable. Personal injury lawyers help people get their due right from the opposite party or insurance company when they face an accident. However, there is a lot more to the job then what a common man sees. Here I’ve shared all necessary actions taken by a personal injury lawyers for their clients.

Educates You About Your Rights
They always start with educating you about the rights you have in the matter under discussion. They are lawyers who have spent years practicing this field of law. As most clients don’t understand the depth of the situation, lawyers start by explaining how the law works. You will learn about your rights reserved by the law and your responsibilities. Once you understand the situation, you would know better if you are at right or wrong and if you should pursue that case. This education helps you make an informed decision.

Investigates the Case
Not many people know but good lawyers have to investigate the case to fully understand it. For this purpose, many lawyers visit the place of accident and discuss the incident with witnesses to form a theory on how the accident took place. Many law firms hire professionals like former police officers to investigate the case for them.

Calculates the Damages
Most people that don’t have a lot of experience of personal injury cases calculate the cost of only immediate damages. Professional personal injury lawyers have a better sense of assessment in this case due to their experience. They will calculate things like the time you had to take off from your office due to injuries, incident’s mental impact on you, harassing phone calls from bill collectors in addition to the vehicle repair and other costs. They will get you enough reimbursement that you won’t feel if the accident impacted your life in any way.

Deals with Oppositions
There is a possibility that your insurance company may pay you the due right without any issues. On the other hand, you may have to fight more than one parties in the court who might be asking you to pay for all the damages. According to lawyers at Davis Law Group, Seattle personal injury attorneys, you won’t really need a lawyer in the first case; however, things get complicated when more than one parties are involved.

Fights the Case in Court
No man without a law background can fight a case in the court against a professional lawyer. They have a lot more than just knowledge of the law. Their practice allows them to understand the situation, your mentality, and answer to every question before you tell it. You will see them using tricks to get you to say things that would weaken your case. It is said that things can get very ugly in the courtroom – they said the truth. Lawyers might even attack your personal life to make you lose temper. To beat this experience, you need another professional of the same caliber.

Please also see:
Olympia Injury Lawyers

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September 17, 2019

How a video game reminded me what a noble profession we have

Filed under: Other Guest Bloggers — admin @ 9:57 pm

So, you’re probably wondering why I’m even talking about a video game. After all, working as a notary is serious business and you wouldn’t be wrong in saying that it is a profession where errors are seriously frowned upon. Our experience in the profession varies, but the one thing that’s constant among all notaries is that there are professional standards that need to be met.

Some tasks are straightforward and simple, while others are more complex. Yet, no matter how simple the task may be, the smallest error can put others at risk. The game I’m referring to, called Papers, Please, offers is a similar — albeit virtual — experience.

First Off, What Exactly Is Papers, Please?

A recently released point and click game game, Papers, Please places the player in the shoes of a border inspector of a country called Arstotska. The player’s task is to screen each person who wants to enter the country and to try to adhere to standards set by the government. There are many other aspects of the game, but this is the aspect that I want to put a heavy emphasis on. In the game, making an error gets you a citation, and in the later stages an error means letting dangerous people through the border, which puts lives at risk. You essentially handle sensitive data, check it for accuracy and truthfulness, and decide whether you’d allow the person into the country or not.

It’s quite similar to how we check statements and decide if the facts hold up. In fact, most, if not all court proceedings rely heavily on notarized documents, especially during personal injury cases, according to the lawyers at tariolaw.com.

Why Should We Care About This Game?

Well, that’s where the error is. You assume that this is about the game. It’s not. What really struck me was how the tasks got more and more complicated as the game progressed. You have to assess various pieces of information and decide whether to stamp a traveller’s passport, allowing them access through the border.

This puts an air of risk in the game, even when all the player does is to look through papers and counter-check facts presented by a traveller. And the way that the travelers interact with the player in an attempt to appeal to the player’s kinder nature forces you to make hard decisions.

How Is It Related To The Profession?

It reminded me a lot of how we, as public notaries, are the front line of defense against any attempts to commit fraud. In the same way that the inspector in Papers, Please is the first line of defense against people who would do the country harm, we are the first line of defense against people who want to put falsehoods onto paper or when they try to twist the truth in their favor.

And it’s rather funny that I was unexpectedly reminded of this duty by a video game that I happened to stumble across whilst browsing my YouTube feed in my free time!

I mean, whether you’ve had 30 years of experience in the profession or you’re a rookie who’s learning the ropes, it can be draining to do the same thing over and over if you forget your purpose. I’ll say it again, ours is a profession that can’t have any mistakes, whether they’re big mistakes or common mistakes — we are all about accuracy and precision. And sometimes it can be quite draining, but always remember that the seal that we stamp has power and authority. People are depending on us to verify facts and to educate them on what they’re getting into by signing a document.

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September 16, 2019

Travel fees vs. Notary fees in your journal

Filed under: Journals — admin @ 11:10 pm

For those of you who keep a Notary journal, you need to record the Notary fee as one of the fields. But, what if you get paid $65 for a signing with a travel fee and two signatures? How do you differentiate between the travel fee and the signature fees?

You can either arbitrarily decide how much is a travel fee and how much is a signature fee if the job is a flat fee. Or you can base the fees on the fees you quoted the client.

When you fill in your journal, the main thing is to put a Notary fee that does not exceed the fees allowed by your particular state, otherwise you could be accused of charging excessive fees which is illegal. If California allows $15 per notarized signature on an Acknowledgment or Jurat, then you cannot inscribe more than $15 per journal entry for each Notary act.

For those of you who use the “cram it in” style of journal entries, you cannot put a notary fee for five documents on the same line. It just doesn’t make sense. This is yet another potent reason why you should not use a style of journal entry that inputs more than one document per line. It is impossible to prove in court that the signer consented to all of the documents being notarized since he is not signing for a particular one. It is also not possible to know what the fees involved are either which means you are not doing proper bookkeeping.

As far as the travel fee, you could input the travel fee for a particular appointment in the additional notes section of the journal entry and indicate that is is a travel fee. The travel fee I would indicate once on the first journal entry for a particular appointment. Correct and prudent journal entry procedure requires separate entries for each person and document. So, once again, three people each signing four notarized documents would result in twelve journal entries with the travel fee indicated in the top entry.

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September 14, 2019

The Role of Notaries After a Motor Vehicle Accident

Filed under: Other Guest Bloggers — admin @ 11:13 pm

If you have been injured in a motor vehicle accident, then searching for a car accident lawyer is your top priority. They will help you deal with your claim and ensure that you get the best possible settlement when it comes to damages.

However, your lawyer, and the law firm they are associated with, cannot do anything related to your case without a notary doing their job.

In today’s article, we will talk about the role and importance of notaries after a motor vehicle accident.

Notarized Documents
As mentioned above, your car accident lawyer cannot start working on your case if the documents related to it are not first handled by a notary. This is because the court that will be judging your case will not accept any documents that haven’t been properly notarized.

Law firms usually have an employee that holds a notary license, making them capable of quickly notarizing the documents that are needed on a case that of their lawyers is working on.

However, some firms work with either freelancers or third-party notary services as well.

Failure to Notarize Documents
Before filing a personal injury claim, you must make sure that any of the documents that may be needed in court are properly notarized. If you fail to notarize some of those documents, you will lose both time and money.
Why?

Well, even if one single document is not notarized, you will have to file the entire case again. Moreover, depending on the state you live in and its jurisdiction, your case may end up being thrown out due to paperwork technicalities.
In short, it may take a very long time before you reach any settlement, simply because you or your law firm has failed to notarize a single document.

The Importance of Notaries and Notarized Documents
Given that you have just been injured in a motor vehicle accident, you won’t be keen on walking to a notary and getting your documents notarized. Therefore, you should always rely on a personal injury lawyer, as well as on a notary or two, to complete this process for you.

Moreover, keep in mind that you can get your documents notarized online as well, depending on the state you live in.

As you will have to deal with medical expenses and other bills caused by the accident, it is important that you do everything right and on time, to make sure that you don’t waste a single second, and that you will receive your compensation as quickly as possible.

Concluding Remarks
In short, notaries and notarized documents are vital for the filing of a motor vehicle accident claim. You, your lawyer, as well as the court, won’t be able to do anything with your case if you fail to present them with properly notarized documents.

Still, if you choose to work with a professional lawyer and their law firm, they will most likely deal with this aspect of your claim so that you can focus on treating your injuries.

While a notary is essential for a motor vehicle accident, it is better to focus on working with the right car accident lawyer!

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