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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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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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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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November 7, 2021

America Last Title

Filed under: Humorous Posts — admin @ 8:10 am

Many Notaries worked for First American Title during the Trump administration. But, now that Biden has taken over, America Last Title has had phenomenal growth in market share.

But, I’m not worried. If American banking goes South, we can always rely on the Bank of China to bail us out! I’m tempted to say that we’ll already be eating Xiao-Leng-Bao and Jian-Bing, but I already am, and found a great place in Rowland Heights in a food court. Hand made and Shan-Dong province style. Love it.

Somehow I think that the majority of Americans want America to fail. But, when they can’t afford to eat or pay bills, they will reconsider. By then it will be too late. But, they can still get a job at America Last Title… maybe.

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August 14, 2021

Being a notary vs. waiting on table

Filed under: Humorous Posts — admin @ 8:00 am

When I have new notaries on board, I normally give them a welcome call. I asked one guy what his professional background was. He told me he was a Notary for a month. I told him that a month doesn’t constitute a professional background, but that a 20 year teaching background would. Then he said that he was a Real Estate intern for half a year. Finally, I asked him, “Are you young?” I forget that young people don’t have a professional background or necessarily know what one is. But, if they keep having a boring and dull life going into the office, they will attain one in 10 short years. But, what about being a waiter?

WAITER: Welcome to Mel’s Diner, can we interest you in a drink?

CUSTOMER: I’ll have the jackhammer.

WAITER: Can I see some ID?

CUSTOMER: I’ll sign the journal, but I won’t thumbprint.

WAITER: Hmmm. So, what’s your sign?

CUSTOMER: I’m a Leo.

WAITER: So, you were born, July 28th, 1997.

CUSTOMER: You are trying to trick me. I was born the 29th.

WAITER: I wasn’t trying to trick you. I have bad eyesight. And I don’t use a journal because my state doesn’t require waiters to use a journal.

NOTARY: You sound like a Notary in one of those states that doesn’t require journals. But, when you get busted by the FBI and the journal is your only evidence that you weren’t involved in a serious act of fraud, you could get put in jail or end up in court forever.

WAITER: Good point. What if someone orders an illegal drink with a fake ID, I don’t keep a record of it, and he gets in his car, runs someone over, and I get blamed. That “journal of official waitorial acts” could be my only defense.

CUSTOMER: I never thought of that. You know, you CAN thumbprint me. I even brought my NNA thumbprinter.

NOTARY: Are you a Notary too?

CUSTOMER: Not yet, but I’m going to become one, and I’m learning something right here about being a Notary. It can be a dangerous job if something goes wrong.

NOTARY: It’s like driving. It’s safe 99.9% of the time, and then something unusual happens and then only your seatbelt can help.

WAITER: Many people don’t like precautions unless they sound like Covid-19 precautions — then they like endless restrictions and precautions.

CUSTOMER: If I were running this joint I would say — you can have that jackhammer, BUT ONLY if you sign this journal. But, you can’t sign the journal unless you wash your hands three times and say hail Mary, and then walk around in a circle counter clockwise, use a sanitized pen, and then sign it wearing an N-95 facemask.

NOTARY: How about sound effects. If someone orders a jackhammer, shouldn’t that come with sound effects. Maybe get some sampling?

WAITER: How about this? “Chu chuh chuh chuh chuh…… HEY SULLY, we’re that pipe you brought ovuh? chuh chuh chuh chuh …. WHAT? I CAN”T HEAR YOU. I got my ear plugs on.”

CUSTOMER: Wow, that changed the whole customer experience in an even better way than those meaningless restrictions.

WAITER: Sully says he likes the part about the hail Mary as you go around three times.

NOTARY: Is Sully a real person?

WAITER: He’s real to me! So, let me guess. Would you like to try a virgin Notarita?

NOTARY: Sounds great, but the drink sounds underaged. I don’t want to get in trouble.

CUSTOMER: It’s okay, the drink has been aged 21 years. We just need to make sure that you are of proper age and sound of mind.

NOTARY: Here’s my ID. Wow, this is like life in reverse.

WAITER: So you could notarize that drink because it’s old enough.

NOTARY: It’s age is passing, but it doesn’t have an ID.

WAITER: But, it does have a signature — in fact it’s our signature drink.

NOTARY: In that case, that makes it okay. So, honestly, are all of your clients as interesting as us?

WAITER: Some are a lot more interesting. But, it’s hit and miss, especially the ones who forgot their ID.

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June 12, 2021

Notarizing Paul Revere

Filed under: General Stories — admin @ 11:45 am

A Notary was bored, and invested in a time machine. He wanted to see how people lived in different times and places. So, he set the machine to send him to ancient Egypt to see the pyramids in Giza. But, the machine malfunctioned and he ended up in the Boston area in 1775.

The Notary got out of his British looking phone booth, and walked around on a dirt road bewildered thinking, “Where am I? This doesn’t look like Egypt. I want some felafel.”

A crazy guy on a horse almost ran him over screaming, “The redcoats are coming — The British are coming.” The British were leaving Boston to march to Concord to confiscate some ammunition, weapons, gunpowder, etc., from the colonials.

NOTARY: Hey watch where you’re going.

PAUL REVERE: You shouldn’t walk in the middle of the road lad, it’s dangerous.

NOTARY: And learn to signal your turns. It’s common courtesy.

PAUL REVERE: I’ll work on it. Wait a second, what century are you from. Those are very odd clothes.

NOTARY: Ay lad… now I’m talking like you guys. I’m from the future and my time machine broke.

PAUL REVERE: We can’t even get gun powder easily here in the middle of a revolution, so I don’t think I can help you. But, do you know where I can get a good Notary Public?

NOTARY: Ay laddie, I’m a notary, and I brought my stamp. It doesn’t expire for a while, but I’m commissioned in Massachusetts

PAUL REVERE: Massachusetts colony?

NOTARY: It becomes a state. There are 50 states in my time.

PAUL REVERE: 50 lad? My head is spinning. Next thing you tell me is that we become the most powerful country in the world, and they give partial credit to me just for riding Barnie around screaming the news.

NOTARY: Actually, you become a well loved historical figure. Here, can you sign your John Hancock here?

PAUL REVERE: I know John. He’s an acquaintance of mine. He lives in Massachusetts you know. Born here and will probably die here.

NOTARY: His signature will become famous. He will sign the Declaration of Independence in another year or so.

PAUL REVERE: Wow, so I’m going to be famous and he is too. I’ll drink to that. Jump on back, I’m going to Monroe Tavern in Lexington to warn the locals, and then on to Concord. Just let me sign your log book, I hope this is not considered backdating by about 240 years, but… as they say in the valley — what… ever… Please stamp my document. Do you need wax for that?

NOTARY: We don’t use wax in my time.

PAUL REVERE: Okay, we’ll have a pint in Lexington, and then on to Concord. Then we can try to see what we can do about time machines. Hey, I have a friend in Phili who loves gadgets and futuristic inventions. His name is Ben Franklin — great with the ladies. We can ask him to ride up. It’s only a few days Southwest of here.

NOTARY: I guess I’m stuck here, so we’ll have hasty pudding, drinks and do some sniper attacks on the red coats in the mean time.

PAUL REVERE: Good. Are you good with a musket?

NOTARY: Gee, we’re a little close on this horse. So much for social distancing.

PAUL REVERE: Don’t worry, I don’t have smallpox. Onward ho…. Yee Haw!!!

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June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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June 6, 2021

Widening your net — an advertising strategy

Filed under: Advertising — admin @ 11:26 am

Are you a mobile notary? If you are reading this, the answer is most likely yes. Most people want more business, but can’t figure out how to get it. I have written many articles on this topic. But, let’s look at it from a new point of view.

COUNTIES
Most Notaries advertise in a handful of counties. From time to time we get someone who only does their home county, and might begrudgingly go to a close neighboring county, but only if you pay enough. This is not the attitude of growth and success. Then there are those who go everywhere.

Number crunching has proven to me that those who have lots of counties get far more clicks. If you have one county, you might get half a click per day. But, each extra county you have your clicks go up by (.1) or more clicks per day. If you have twenty counties, you will get a lot of clicks.

You might be thinking that you will have to drive too far and it is not worth it. But, by driving far, you get new clients, more work, and more experience under your belt (assuming you wear a belt, some wear suspenders.)

If you agree to go farther, you need to charge more. But, if you are new, you can work for cheap in order to widen your net. I got many new clients by going where others refused to go. Or if Star Trek wrote this — those Notaries went where no Notary had gone before…

ASK FOR MORE REVIEWS
If you ask everyone who likes your work for a review, you get more reviews. Normally you have to ask ten people for a review, and email each of them a link, and then get an average of one review. By widening the net of who you ask, you can get more reviews. It is a similar concept as my strategy about counties.

WIDEN YOUR NOTES
Most Notaries don’t write enough in their notes. Those who do write don’t always strike a chord with what they write. Writing fluffy content that doesn’t grab your attention, or using baseless adjectives about how great you are will alienate readers. Cold hard facts organized well with a warm fuzzy description about what you are like is my winning philosophy. But, the attitude of writing more notes and then having me review it (free as a courtesy of course) you are widening your net. This costs nothing, but few really put in the effort. It’s a lot easier than driving three more hours per day.

BE ON MORE DIRECTORIES
More directories = more calls. Some are worth paying, most are not. But, if you never try them you will never know. We recommend particular directories. Read our other blogs in the advertising section and find out.

GET MORE CERTIFICATIONS
Why only get LSS or NNA certifications. Get more. If you advertise with 123notary, get ours too. If you want more knowledge, try the Notary2Pro certification — that is what we recommend the most although it is not that popular these days. More certifications = more 3rd party credibility from reliable sources. If you say how great you are you come across as cheesy, but if your reviews from title companies say you are great and you have four or five certifications, then nobody will argue whether you are great or not.

EXPAND YOUR KNOWLEDGE
Some people will only study if it is “assigned.” These are what I call sheeple or beta-people. They never think for themselves but only follow others. Knowledge is power. If you are rock solid on your notary knowledge and industry knowledge and practice communicating well without rambling or giving indirect answers, this is a marketing strategy. It is not widening your net per se, but strengthening your chance of turning a call into a job. People are impressed by solid knowledge, not snow jobs! So, keep getting knowledge. A little every day adds up, especially if you master what you know.

HIGHER PLACEMENT
Many people like higher placement on 123notary and it is a potent advertising strategy, but that is different from widening your net. That is more like deepening your net, or heightening it… or something.

SUMMARY
There are many ways to widen or expand your advertising net, and this strategy pays off big time. I used it myself and I became full-time as a mobile notary which most Notaries cannot do. There are other ways to expand your reach as well like social media and networking. I strongly suggest the widening strategy! It works!

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May 1, 2021

Precautions as a notary are like wearing your seat belt

Filed under: Best Practices — admin @ 6:28 am

One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

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