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September 20, 2012

What can an e-notary do?

What can an e-notary do? 

An e-notary does more or less what a regular notary does. The difference is that the e-notary has an electonic journal and electronic notary seal and notarizes electronic documents.  Some might even have an electronic girlfriend too!  So, the biggest matter of confusion is that people don’t understand that the signer has to appear before the e-notary. It is unclear if personal appearance will always be necessary in the future though.  At one point, we read that Arizona e-notaries could notarize without personal appearance of the signer, but now they require it and the evidence of the old rule is gone!
 
The basic procedure for mobile e-notaries
So, basically, a mobile e-notary will go to a signer’s house, the signer will login to a website, sign some electronic documents, the notary will login and apply his/her e-seal, and have the signer sign the e-journal, and that is that.  You will have to visit face to face with the signer just like now.
 
Will our lives change?
It looks like we might have to lug around digital signature pads in about 20 years when this technology gets popular.  When you go to the supermarket, you are doing digital signatures right now, so you are already used to it!  It looks like our lives will not be altered in any significant ways.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

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June 19, 2012

Texas, Utah, and Virginia e-notary rules

Texas e-notary rules
http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np23
Any Texas Notary Public may perform an electronic notarization.  An e-notarization must meet the requirements of any other notarization such as personal appearance of the signer.  The electronic seal must meet the same requirements as a conventional seal. All parties must agree to have the notarization done electronically.  Please refer to Texas code (law) 322.011
 
Utah e-notary rules
http://notary.utah.gov/ – please click on the 2010-2011 Study Guide section 3.
Based on the Utah Notary Handbook, notarizing of an electronic signature requires personal appearance and certification of a signature made voluntarily.  No other information was given.
 
Virginia e-notary rules
We are including this information on separate post.  Please visit the link below to see that information. The information we have about Virginia e-notarizations is by far the most thorough that we were able to find for any state in the United States. Please see Virginia e-notary rules for more information.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

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June 13, 2012

Florida e-notary rules

Florida e-notary rules
http://notaries.dos.state.fl.us/education/elecnot.html
The information in this link is very hard to follow or understand.  It looks like all Florida notary public applicants must be trained in notary rules as well as e-notarizations before they can be commissioned at all. I didn’t see any restrictions as to who could do e-notarizations, so I will assume (perhaps incorrectly) due to the lack of clarification that any Florida notary with an electronic journal can perform an e-notary act.
 
Here is an interesting excerpt:
“Notarization and Acknowledgment
(a) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.”

You might also like:

What can an e-notary do?
http://blog.123notary.com/?p=2706

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations
http://blog.123notary.com/?p=228

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December 17, 2011

California e-notary rules

Current 2011 / 2012 California e-notary rules
California requires the signer to appear before the notary public for all notary acts — electronic or not.  Documents that can be electronically notarized in California include: substitution of trustee, assignments of a deed of trust, and Reconveyance Deeds.  These must be submitted to the county clerk via a trusted submitter. An electronic seal may be used for these transactions online.  California Civil code 1633.11 states that an electronic signature carries the same legal effect as a physical signature made by a pen. 
 
Purely online notarization services are not legal in California.  You may not notarize someone using a web-cam, etc.  That doesn’t constitute personal appearance. The signer must be within several feet of the notary and clearly visable to the notary.
 
§ 1633.11. Notarization and signature under penalty of perjury requirements
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.

You might also like:

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

What can an e-notary do?
http://blog.123notary.com/?p=2706

12 points on eNotarizations
http://blog.123notary.com/?p=228

e-notarization definition
http://blog.123notary.com/?p=217

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January 21, 2011

Notary Public Virginia e-notary Rules

Notary Public Virginia e-notary rules
http://www.commonwealth.virginia.gov/Notary/eNotary-faq.cfm

The information in this blog entry is based on information derived from the Virginia Secretary of the Commonwealth’s Notary Division website on the page indicated above.

Here are a few quick notes about Virginia e-notary rules
(1) Signers must personally appear before a Virginia e-notary to get an e-notarization.
(2) A separate registration or commission is necessary to be a Virginia e-notary, and the same exact name variation must be used on both commissions.
(3) There is no additional education required to become an e-notary in Virginia beyond the education required to become a conventional notary.  However, you are advised to be an expert on the Virginia notary handbook and to educate yourself and be trained in the electronic process of notarization. 
(4) There is a quick application form to become an e-notary in Virginia, and the form is on the Secretary of State’s website — use the link above.
(5) A Virginia electronic notary commission expires when your regular notary commission expires.
(6) The state of Virginia can produce electonic evidence that an e-notarization is authentic with a certificate of authority. Please see the official wording of this certificate near the bottom of this entry. There is a fee for this certificate as with any other authentication.
(6) The Virginia Notary Division (c/o Secretary of the Commonwealth) gives some of the most comprehensive information about being an e-notary of any of the states.  Once the e-seal is affixed to the electronic document, the document is rendered tamper evident as unauthorized attempts to alter a document will be evident and obvious to involved parties.  This statement is very interesting. Many of us fear the e-notarization process as we fear it might be less secure as we don’t understand it or feel accustomed to it. But, in reality, paper documents are easy to tamper with, while secure e-documents might not be so easy to tamper with.
 
The Virginia e-notarization process: step by step
(1) The signer signs their electronic signature on an electronic document, and then signs the notary’s e-journal. 
(2) The notary affixes their electonic seal and signature to the electronic document after it has been signed.  

Note: An e-signature might start with you logging in with a password, and then clicking a submit or accept button.  (Digital signature pads are also sometimes used – but weren’t mentioned in the information on the page we linked to above)
 
The future requirement of personal appearance
Personal appearance is currently required for e-notarizations, but the state says, “At present, yes” to this requirements and says, “not yet” for taking acknowledgments via audio/video conferencing which implies that one day personal appearance might not be required.
 
Certificate of Authority for an Electronic Notarial Act
I, __________________ (name and title), certify that _________________(name of electronic notary), the person named as Electronic Notary Public in the attached or associated electronic document, was commissioned as an Electronic Notary for the Commonwealth of Virginia and authorized to act as such at the time of the document’s electronic notarization.
 
To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this ______ day of ___________, 2011
 
(Electronic signature and seal of commissioning official)

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June 16, 2023

Conquering Challenges Encountered by Notaries

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

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

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October 17, 2021

My response to NNA’s article: Is the Notary industry overcrowded?

Filed under: Marketing Articles — admin @ 7:39 am

My opinion on this matter is that there is a lot more notary work than there used to be. The crazy ups and downs in the economy, people losing their jobs due to covid related causes and getting new jobs. People escaping from certain areas and moving to other areas. All of this transitioning necessitates a lot more Notary work and Notaries. And yes, there are more Notaries out there than before. When people lose their job, the first thing that goes through their head is whether or not to become a Notary — or so it seems.

However, for the last eight or so years, new notaries and old alike lack the willingness to master their trade and become experts. Many take classes and pass tests. But, when I test them on actual notary or situational knowledge, few can get more than 80%.

So having lots of poor quality notaries who can’t even administer an Oath properly is not overcrowded. The quantity of what I consider to be qualified Notaries is as sparse as the population in Northern Alaska in between sled dog races. Actually, I think those races are in central Alaska along the biggest river when it freezes over. And the Northern lights are good in both places. But, I digress. What was I writing about again? Ah yes — Notaries.

POINTS IN THE NNA ARTICLE DISCUSSED

The author of the NNA article says that many Notaries claim that there is not enough work to go around. Qualified Notaries are not making this claim. They claim that there is not enough work that pays what they want to go around. Notaries with no name recognition, no skills to speak of and no experience would not get much work even if there were enough work to go around. I understand the author’s point, but when you look at the situation a little below the surface it looks very different.

The author states that RON or Remote Online Notary work creates new opportunities. This is a very true point. However, RON work is feast or famine. The 80:20 rule of Real Estate where 20% of the agents get 80% of the work applies to RON, if you change it to the 99:1 rule. It seems that the applications and sites catering to RON work favor the very solid Notaries who have seniority and know what they are doing. A handful of Notaries are cleaning up where the majority are lucky to get even one job. So, understanding RON from a business perspective is complicated and it does not provide work for the masses.

The author recommends: use the support of your fellow Notaries. Yes, this is a great idea. However, any successful notary who teams up with others will be very picky who they choose or their reputation will go down the drain. If a new Notary thinks they can partner up with an experienced Notary with a good customer base, this is very unlikely unless you developed a stellar reputation or are very socially close to the experienced Notary. But, in the long run, networking is a good idea. I did it for years, and many Notaries on 123notary do it too. Networking — it’s a good idea, but there are catches and many considerations.

The author recommends: Network with local businesses that need notary services. Once again, another good idea. But, this is an idea you should be using anyway regardless of how the notary market is doing. Call up local businesses. Or drop by and give them your card. A certain percentage will use you, so go to lots, and have lots of cards.

Then the author recommends: Find opportunities outside of your local area. This is what I recommend too. It is called widening your net. You should do that in any case whether business is fast or slow if the price is right or if it is for a client you like enough to drive. This point is a good one, but has nothing to do with overcrowding.

SUMMARY
I feel this particular NNA article is helpful, but is a general marketing article with a title that is specific to a particular type of market condition that the article does not address. The fact is that for years, the NNA has been outstanding at marketing to new Notaries, getting them on board and turning them into signing agents. Many of these Notaries are Realtors, Insurance workers, Mortgage and Escrow people, etc. NNA tends to attract a good crowd and a big crowd and floods the industry with signing agents. However, how many of these signing agents can pass a tough notary or signing agent exam? The answer is very few. And the reason is that people since about 2013 (yes I noticed this), have become lazy and don’t want to study hard. Even people with four different certifications don’t like to study hard. This is hard to believe but it is my experience.

Here is the original article
https://www.nationalnotary.org/notary-bulletin/blog/2021/09/is-the-notary-industry-overcrowded

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December 17, 2020

6 best online notary services according to Investopedia

Filed under: General Stories — admin @ 12:31 pm

Here they are!

https://www.investopedia.com/best-online-notary-services-5085059

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December 25, 2019

An alleged Notary forges a signature in Hawaii

An alleged Notary forged Puana’s name. Puana, a Hawaii resident and Notary, as relative of the victem named Kealoha was investigated by forensic experts to determine who signed the name. An alleged Alison Lee Wong was determined to have forged the signature, however, it was later found that there is no such person.

A person named Kealoha who was a former deputy prosecutor stated that her mailbox had been stolen, and that was the damage of this forgery case according to the news article that I am linking to below.

https://www.hawaiitribune-herald.com/2019/06/08/hawaii-news/kealoha-corruption-trial-focuses-on-alleged-fake-notary/

This is a very odd and convoluted story. I hope you enjoy the link and can figure this one out! Aloha!

You might also like:

A forged notary seal ends someone with a prison sentence
http://blog.123notary.com/?p=21355

I was forged (Ken’s experience)
http://blog.123notary.com/?p=13659

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September 1, 2018

How much does a Notary cost in 2018 & 2019?

Filed under: Public Interest — Tags: — admin @ 11:04 am

How much do Notaries charge?
How much can a Notary charge?
How much is a Notary?

Notary fees are regulated by the laws of the various fifty states. So, each state has a different rate that a Notary can charge and a different procedure for a Notary to get a Notary commission. In addition to charging officially designated maximum Notary fees, many Notaries on our directory travel to their clients and charge travel fees in addition to waiting fees if you keep them waiting too long. It is common for Notaries to have a fixed price for loan signing packages that range from $75 to $150 per signing which is a price that might include printing eDocuments. But, let’s try to give you a better idea of what particular states offer as Notary fees.

Please keep in mind that there are also fees for Oaths & Affirmations which are done in all states that I am aware of. There are also more obscure Notary acts done in particular states that are not done in all states.

How much can an Alabama Notary charge?
$5 for an Acknowledgment or Jurat.

How much can an Alaska Notary charge?
There is no set fee but I heard that in remote areas Notaries get paid in moose or salmon (generally fresh).

How much can an Arizona Notary charge?
An AZ Notary may charge $10 per Acknowledgment (for the first signer) and $10 per Jurat.
Fees changed as of March 2018 up from $2 per signature.

How much can a California Notary charge?
A California Notary Public may charge $15 per Acknolwedged signature or per Jurat. There are other types of fees, but those are the most common.

How much can a Florida Notary charge?
A Florida Notary Public may charge $10 per Acknowledgment, however the price is fixed no matter how many signatures are on the notarized document. Jurats would also be $10.

How much can an Illinois Notary charge?
An Illinois Notary may charge a whopping $1 per Acknowledged signature or for a Jurat.

How much can an Indiana Notary charge?
$2 per Acknowledgment or Jurat

How much can a Maryland Notary charge?
A Maryland Notary may charge $4 per Acknowledgment or Jurat

How much can a Michigan Notary charge?
A Michigan Notary may charge up to $10 per Jurat or Acknowledged signature.

How much can a Minnesota Notary charge?
Generally $2 per Acknowledgment or Jurat

How much can a New Jersey Notary charge?
A New Jersey Notary can charge $2.50 per Acknowledgment, Jurat, or Oath

How much can a New York Notary charge?
A New York Notary may only charge $2 per Acknowledged signature or Jurat or for each sworn witness.

How much can a North Carolina Notary charge?
A North Carolina Notary may charge $5 per principal signature on an Acknowledgment or Jurat.

How much can a Pennsylvania Notary Public charge?
A Pennsylvania Notary may charge $5 for the first Acknowledged signature and $2 for each subsequent signature. Jurats are $5 per piece.

How much can a Texas Notary charge?
A Texas Notary Public may charge $6 for the first Acknowledged signature and $1 for each additional plus $6 for administering an Oath.

How much can a Virginia Notary Public charge?
A Virginia Notary may charge $5 for each Acknowledged signature or Jurat.

HELP, my state was not on the list…
No problem, just click on the FIND A NOTARY link and look up your state. We have pricing for all states documented in our website.

NOTE: Prices are subject to change. If our pricing has become outdated for any particular state, do not comment on this blog, rather, email us at info@123notary.com and politely inform us of the price change.

For states not mentioned or updates in the future, please refer to
https://www.nationalnotary.org/file%20library/nna/knowledge%20center/outside%20pdfs/state-notary-fees-chart.pdf

You might also like:

See our information about Acknowledgments (string)
http://blog.123notary.com/?s=acknowledgment

Index of posts about general Notary information
http://blog.123notary.com/?p=20264

Basic Notary acts
http://blog.123notary.com/?p=19500

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