You searched for document - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

November 6, 2020

Notarizing Multi-Page Documents

Filed under: Technical & Legal — Tags: , — admin @ 9:35 am

Should a Notary notarize every page of a document? How can a Notary or signer safeguard themselves from someone swapping pages in a document after the notarization has taken place? You need answers! Here they are!

1. A Notary Public notarizes signatures on documents, not pages on documents. A particular page or pages might have notary certificates within a document. Or, a certificate could be stapled to the back of a document. Ideally that certificate should identify the corresponding document. If you have a ten page document, there will most likely only be one, and possibly two pages with notary wording.

2. A prudent Notary Public carries what is called an inkless embosser that leaves a raised seal impression. This is in ADDITION to having the legally required inked seal that is used with blank ink. The embosser can be used to emboss every single page in a notarized document. I did exactly that on everything I notarized even if there were 100 pages. I did this for safety reasons. I did not want people to get away with switching pages after the fact and dragging me into court as a result of someone else not liking the idea that a page was swapped.

3. If a signer swaps a page from a notarized document, and that page was embossed, they can still swap the page. However, it will not be legal, and it will be very obvious to the Notary Public if investigated that the new page was not part of the original notarization as the notary embosses all pages — if the notary indeed was the type of notary who embossed all pages — like me!

4. Some people initial all pages. Initialing is a type of precaution. But, initials can be forged easily, and it is sometimes not easy to tell if they were forged.

5. If a document had a page swapped, the staple and staple area in the pages might show evidence of tampering. The degree of evidence depends on how skillful the fraud was at swapping pages. Luckly in my career of 6000 Notary appointments I did not have this issue.

6. If you need to add a page to an already notarized document. What can you do? You have to notarize the entire document all over again. I had that happen. What a pain. The signer wasn’t happy. Sorry — just following the law!

.

You might also like:

Notarizing Multi-Page Documents 2011 edition
http://blog.123notary.com/?p=1706

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Penalties for misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How often do Notaries end up in court?
http://blog.123notary.com/?p=19914

Share
>

October 30, 2020

I dropped the documents!

Filed under: Business Tips — admin @ 10:14 pm

Anybody who is a loan signing Notary knows that they need to drop documents. We have written articles on this topic before, but it is a loaded topic.

You can claim that you dropped the documents. But, some Notaries are liars, and how can title know that you aren’t? Should they just take your word for it?

If you drop documents in a drop box, there is a small chance that it will get picked up late, or not at all. The courier assigned to pick up from that box might quit and a new person might take the job not knowing that they are to pick up from that box. People do screw up in real life. Your package could be sitting in that drop box for a week while FedEx figures it out although that is rare. But, it happened to me once! Once contents of a drop box got stolen according to a story from one of our Notaries. I only heard of that once. There is a 1 in 1000 chance that your drop box might not get picked up. If you do a lot of signings, that could cost you a client or get you in big trouble. Additionally there is no proof that you dropped it in a particular box and you might not even remember what box you dropped it in.

If you drop at a manned station, that is a better idea. The box in their office will always get picked up, and often at a slightly later time than the drop boxes on the road.

I highly recommend you get paperwork from FedEx stating that you dropped the package at a particular time and place. You might need that evidence if you get in trouble.

The bottom line is be prepared, think ahead, and have as much evidence for what you did correctly. It is just like keeping your journal correctly. It is rare that your journal will be checked, but when it happens (roughly 1 in 2000 jobs gets checked, so it will happen eventually to you.) you need to be prepared or you get in a lot of trouble. You could even get arrested.

Share
>

October 29, 2020

What documents can I notarize?

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

What documents should I NOT notarize? (better idea for a title)

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

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

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

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

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

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

Share
>

April 3, 2020

Can you Notarize a document that contains the following pre-printed language?

Filed under: Other Guest Bloggers — admin @ 8:51 am

Notary: Please complete the following. No other acknowledgement is acceptable (see instructions).
The person who signed is known to or was identified by me, and, before me, signed or acknowledged to have signed this form. In witness thereof, I have signed below on this _________ day of ___________, ______________.

My commission expires:________________Notary Public Signature: ______________

While this appears tricky and may leave you second guessing, the short answer is YES.
You can notarize the document even though it does not comply with the exact or substantially similar notary language for 2 reasons.

1. The document is not asking you notarize the capacity or title in which the signer is signing the document.
2. The document is not being filed in California.

This is true for all out of state documents that have preprinted notarial language on it that requires an acknowledgment. If the notarized document is being filed or recorded in California, you MUST complete the California All-Purpose Acknowledgment.

Share
>

March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

Share
>

January 15, 2020

Your experience matters, but you need to document it clearly

Filed under: Advertising — admin @ 9:29 am

Notaries brag all day long about how experienced they are. Nobody wants to hear your bragging. These same Notaries who verbally boost themselves up are the same Notaries who don’t always login to their listing to document their experience.

Remember – when you tell a caller how experienced you are, only one person hears you; When you indicate in your listing how many loans you have signed (in the # of loans signed box please) and indicate in your notes what types of loans and documents you’ve signed, thousands can read that information and hence hear you.

I have found that many Notaries, particularly the free listings do not login to their listing much. I remove many who don’t login and we hear from them years after the fact. When I put them back online, they rarely update their # of loans signed. Often when I confirm the information with them I inform them that their profile states they signed 50 loans. I get this loud reaction such as, “Oh, no it’s WAYYYYY more than that.” My attitude is – don’t tell me, tell your listing. Thousands read it, so why not maintain it?

A well maintained listing gets over 1000 views per year.

Many notaries are vague about the type of experience they have and spend more time discussing their Real Estate or teaching career in their notes section. Be specific about what types of loans you know how to sign. Go through them one by one. Discuss your professional background clearly too. Don’t just say that you were in the mortgage industry. Tell us what role you played in that industry. Specifics sell.

SUMMARY
When you brag to a caller – one person hears your information; When you fill in your # of loans signed & notes – 1000 people hear your information;

It takes a minute to fill in your # of loans signed and you should update that several times per year. Many people let it slide for many years. If 123notary feels that your # of loans signed indicates that you are doing almost nothing, not maintaining your listing, or making outrageous claims of having signed more loans that humanly possible – we notice. Try to just publish helpful and truthful information and keep it updated. Thanks!

Share
>

October 30, 2019

If you notarize a document, does that make it “legal”?

Filed under: Technical & Legal — admin @ 11:50 pm

If you notarize a document, does that make the document in question legal or official?

As far as I know in my layperson opinion, if a document will be used in a legal transaction or in court, it might be said to be a legal document.

Notarizing a will, or other document just makes it notarized. Being notarized it might be acceptable to a particular document custodian or might be more relevant in court. Deeds and Power of Attorney document by definition need to be notarized to be effective or be recorded.

Oh yes, and if a document hits its 18th birthday, then it is definitely legal and the document custodian should alert Quagmire from Family Guy of the event too, particularly if the document is female.

Share
>

October 29, 2019

Was the document lost by Pack N Ship or by Fedex?

Filed under: General Articles — admin @ 11:49 pm

Back in 2012, a package was lost. A notary delivered it to a Pack N Ship place. Personally, I had a box of checks missing from a mail box place. I went straight to the police who couldn’t help. Perhaps they got thrown out. Not sure.

But, I digress. So, the Notary could not figure out whose fault it was — was it Pack N Ship or Fedex who lost the package. Hmmm. If there was Fedex paperwork for the package then there would be more to go on. Tracking numbers can tell a story of how far the package went in many cases.

So, the poor Notary had to go to his 100 year old signer all over again and sign again. What a pain. I bet that took forever.

Share
>

October 2, 2019

SnapDocs – total number of signings vs. total documented

Filed under: Advertising — admin @ 11:18 pm

There is a common misunderstanding out there. I often ask notaries how many loans they have signed. I get mostly roundabout answers that just don’t give me anything to work with.

ME: How many loans have you signed?

NOTARY: You mean total? In my life?

ME: Yes, otherwise I would have specified a time period. Once again, how many loans have you signed?

NOTARY: Can’t you check on SnapDocs?

ME: I’m not on SnapDocs, I’m on the phone with you. Do you not know what your experience is?

NOTARY: I don’t keep track every day.

ME: Your # of loans signed on SnapDocs is not a total number but a number of loans you signed through their platform. Your total number might be far higher.

NOTARY: Oh, a few hundred.

ME: A few hundred could be anywhere from two hundred to nine hundred. Once again we are not getting any answer I can use to make an input on my form. Hmm.

NOTARY: Just say 250.

ME: Finally, after tugging on you 9x we get an answer. Thanks. Please fill in your notes too.

You might also like:

Your number of loans signed just went down?
http://blog.123notary.com/?p=21236

The evolution of American commerce and Snapdocs
http://blog.123notary.com/?p=22275

Share
>

August 10, 2019

Foreign language documents (California)

Filed under: Carmen Towles — admin @ 11:30 pm

I get calls weekly from the public about notaries in California giving them a hard time with documents in a foreign language. Many California notaries are turning folks away (most of the time in error) because they are under the impression that they can’t notarize a document in a foreign language. The notaries feel that if they can’t read it, they shouldn’t notarize it. Unfortunately, this is not the case. Please read your handbook. You can find this information in the 2019 California Notary Handbook, page 20.

California notaries you can and must notarize any document presented in a foreign language provided you can communicate with the signer. What this means is that if the document is in Spanish (and providing all other conditions are met; such as personal appearance, have current picture government issued ID, etc. are presented) and you CAN communicate in either English and/or Spanish you must notarize their document. You don’t need to be able to read the document. Notaries notarize signatures on documents not the contents of the document. Period.

However, if you are presented with a document in a foreign language and they ONLY speak that language and you don’t speak their language you CANNOT notarize the document. You would then need to refer them to a notary that speaks their language.

Remember, don’t analyze, notarize.

You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

Share
>
Older Posts »