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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

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

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March 1, 2020

2015 compilation of best notary posts

Filed under: Compilations — admin @ 9:59 am

TECHNICAL

The Mortgage & The Note
http://blog.123notary.com/?p=13203

The signature name affidavit
http://blog.123notary.com/?p=13190

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Loan Signing FAQ’s that borrowers ask
http://blog.123notary.com/?p=15457

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Do you use a notary embosser?
http://blog.123notary.com/?p=15126

Your signature needs work
http://blog.123notary.com/?p=15051

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

MARKETING

Best blog articles for advanced notaries
http://blog.123notary.com/?p=14736

How much more does a 123notary certified signer make?
http://blog.123notary.com/?p=15392

What’s the difference between a listing getting 16 clicks / month and 100+?
http://blog.123notary.com/?p=13185

Pleasant companies who are pleasant to work for
http://blog.123notary.com/?p=13099

Websites from some of our best notaries!
http://blog.123notary.com/?p=14677

Trip + Notary Fee = Payment
http://blog.123notary.com/?p=13596

Augmenting your skill set to make more money as an NSA!
http://blog.123notary.com/?p=14150

Here is an easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959

Should travel fees be flat?
http://blog.123notary.com/?p=15402

STORIES

Signing Stream makes notaries sign a contract that they won’t write
anything on forums
http://blog.123notary.com/?p=13640

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Deceptive fax backs, the good old bait and switch tactic
http://blog.123notary.com/?p=14040

I was forged
http://blog.123notary.com/?p=13659

A notary enters the Shark Tank
http://blog.123notary.com/?p=14088

Signing of the Absurd
http://blog.123notary.com/?p=14919

Don’t call title or borrower
http://blog.123notary.com/?p=15066

Have you ever been tempted not to go into a borrowers house?
http://blog.123notary.com/?p=15369

COMEDY

Best notary comedy compilation
http://blog.123notary.com/?p=15957

Compilation of notary sit-com episodes!
http://blog.123notary.com/?p=15949

Honey you can kiss my app!
http://blog.123notary.com/?p=14902

Jane the Virgin Notary
http://blog.123notary.com/?p=14899

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December 13, 2019

Notary Circus

Filed under: Virtual Comedy Themes — Tags: , — admin @ 8:37 pm

Welcome to the Notary Circus!

In ring 1 we have John Quincy, Notary Public. He will be doing a juggling act with not two, not three, but five Notary seals, and embossers. Oh wait, he is throwing two of the seals to his partner Vicky who is not standing on her head while juggling.

Meanwhile in ring 2, we have ten clowns getting into a small car presumably to go to a signing. Oh no, they can’t fit in. The signing will have to be delayed. I hope the borrower will not lose their loan. What a bunch of clowns.’

But, wait, an elephant is entering the scene with smiling Notary riding on top. But, where will this elephant end up? Oh, it is going to the signing and leaving the clowns behind. Personally, I don’t think clowns should do this type of legal support work — it is just too critical. Wait — a little house is being wheeled in with borrowers inside. The elephant is stopping, the notary is dismounting the elephant and is notarizing with a huge oversized notary seal.

The notary finishes the signing, takes a bow. Wait — now, a clown is approaching him with something behind his back — what could it be? Oh! The clown has a pie and throws the pie into the Notary’s face. I bet that clown works for a non-paying signing company, or at least desires to have the same effect on the Notary.

Now, in the back, a notary and signer are walking the tight rope. The notary will do the signing suspended in mid-air. Wish him luck. Fortunately there is a net to save him. We call the net E&O insurance for circus Notaries.

What about the notary freak show? Oh, not a Notary — a signer who doesn’t look at all like his oversized ID. It doesn’t even look like the same person. Here is another notary freak who goes to the signing drunk in shoes that are triple the size they are supposed to be. Oh look, a 9 food tall bearded lady incredible credible witness. I have seen it all folks. That’s all for today.

You might also like:

Notary Fortune Cookie
http://blog.123notary.com/?p=22305

In appropriate things you could do at a signing
http://blog.123notary.com/?p=22562

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December 12, 2019

Regular Teenagers vs. Notary Teenagers

Filed under: Humorous Posts — admin @ 8:33 am

Normal teenagers get in trouble for swearing! Notary teenagers administer sworn Oaths.

Normal teenagers break out; Notary teenagers only have to break out if they get arrested.

Normal teenagers have to worry about getting a girl pregnant; Notary teenagers put a layer of latex on their notary seal for protection.

Normal teenagers drive too fast. Notary teenagers have good laser printers so they are never late to signings and therefore don’t need to drive fast.

Normal teenagers succumb to the power of hormones. Notary teenagers succumb to power of attorney (and medical directives)

Normal teenagers do homework; Notary teenagers read the 123notary blog to learn more about their trade.

Normal teenagers are embarrassed to be seen with their parents; Notary teenagers are parents, they are developmentally stunted and still function emotionally as teenagers.

Normal teenagers learn musical instruments; Notaries are still trying to figure out how to make clanking noises with their metal embossers.

Normal teenagers get upset when their teacher makes them redo their homework; Notary teenagers get mad when they have to redo a signing.

Normal teenagers study French; Notary teenagers study Latin words like “scilicet” and “locus sigilli.”

Normal teenagers get normal tattoos and piercings; Notary teenagers get a tattoo of their favorite clients’ signature on their rear end.

You might also like:

More on bad boy notaries
http://blog.123notary.com/?p=22560

A bar only for cool notaries
http://blog.123notary.com/?p=22546

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December 5, 2019

The 50th Notary High School Reunion

Filed under: Andy Cowan — admin @ 6:09 am

The 50th Notary High School Reunion

What could be more exciting than attending the biggest notary high school reunion of them all, the big 5-0? A chance to feel great that the cool kids grew up to be old and dumpy. And the geeks grew up to be old and dumpy. It’s the 50th. You were expecting “svelte?”

Jill: Hi?? … (noticing Jack’s notary high school picture nametag): Ohhhhh… Jack! Sorry for your loss.

Jack: Yeah, I went bald in notary college. You still look hot.

Jill: Thanks!

Jack: As in hot flash.

Jill: Menopause happened back in my fifties, so I’ll take that as a compliment. Are you still performing Notarial Acts?

Jack: I still witness signatures. The ones my kids make trying to sign me into a home.

Jill: At 68, they’re trying to put you in a nursing home? That’s not very nice.

Jack: I’m joking. I retired last year. Made a killing.

Jill: That’s great. How did you do it?

Jack: I was a notary specialist. My clients were all octopuses. Eight arms. Eight signatures.

Jill: That adds up. Remember our teachers in Notary Junior High? Mr. Guther?

Jack: How could I forget? He suspended me for embossing my private parts.

Jill: Oh yeah! You were a wild kid.

Jack: But I got an A in shop class for making the stamping device.

Jill: You affixed it to a tangible record, all right.

Jack: Weren’t you a cheerleader back then?

Jill: I sure was. I still remember our chant. “Give me an A, give me an F, give me an F, give me an I, give me a D, give me an A, give me a V, give me an I, give me a T, what’s that spell?

Jack: Affidavit?

Jill: I don’t know. I was a great cheerleader but a lousy speller.

You might also like:

Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

Notaries over 50
http://blog.123notary.com/?p=21262

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September 8, 2019

The Notary Pride Parade in West Hollywood

Filed under: Humorous Posts — admin @ 11:01 pm

We are having a Gay pride parade or event in West Hollywood. Lots of people were practically naked and the clubs were booked. You cannot drive through that area without huge traffic problems. A waiter asked if I was going and I said, “Hell no!” I don’t want to be molested. Gay people in this area tend to reach out and touch someone. Why can’t hot women be the same way? If we only lived in an ideal world.

But, I think that Notaries should have a Notary pride parade. Except the Notaries should not get naked please. Maybe if you are 20 years old and hot, but not the over 50 crowd please.

There could be a Notary float with a huge notary seal on it — inflatable.
Another float could have signatures hanging on it and off it.
A third float could have an embosser.
Other floats could have documents or certificates.

Notaries could dress up as notary seals or documents or signatures. It would be like Halloween — notary style.

Good God this sounds scary. I think I like it though. I just hope none of the signatures in the parade are false otherwise it would be a falsified parade. What do you guys think?

You might also like:

A bar only for cool notaries
http://blog.123notary.com/?p=22546

A Notary sees a UFO
http://blog.123notary.com/?p=19929

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September 1, 2019

How to effectively pick up Notaries

Filed under: Humorous Posts — admin @ 10:55 pm

Are you trying to pick me up?
Well I’m not putting you down!

If you want to date Notaries, you need to ask yourself a few pointed questions. First of all, why? Notaries are one of the most downtrodden professions in the world. Mostly they whine about not getting paid, yet do nothing to ensure that they do. Based on the fact that out of 7000 Notaries on 123notary, only about 100 or so have attained and kept our certification it seems that few have much knowledge or are concerned with proving their knowledge yet most make unsubstantiated claims to knowledge. Sounds very phony. Additionally, mobile Notaries have a tiring life on the road getting jerked around from job to job, having jobs cancelled and sometimes not getting paid. So, once again, why would you want to date a Notary.

ME: (back in the old days) Sign here please.

GIRL: Oh, I’m so excited to meet you. Do Notaries get paid well?

ME: Oh, about $3000 to $8000 per month on a good or bad month.

GIRL: Cool…

That girl was so excited to meet me that she scared me off, and besides, she wasn’t my type. But, she was the only girl who wanted to date a Notary, at least, during my shift.

The next order of business is: where would you meet Notaries. You can meet Notaries at the NNA convention, but they might not live in your area. You can also meet Notaries by having them come to your house to notarize something. You can call all the Notaries in town and chat them up to see who is up to your standards. You could also go to the Notary bar where Notaries hang out. The county clerk is yet another place where you can meet Notaries doing their Oath. Just wait until they say, “I do” to support the constitution of the USA and then say, “Hey baby, wanna date?” Sounds cheap, but it works.

If you have an age range you normally date, keep that in mind, because most Notaries are 50-80, so if you want to date younger people you might be out of luck. Younger Notaries might work in a bank or insurance company, so don’t give up, just avoid the mobile notaries if you focus on younger Notaries. But, if you do want to date a younger Notary, people might say, “So, you like younger Notaries…” with a smirk on their face.

So, now you have some ideas on how to date a Notary. The next issue is where to take your Notary on your date. Do you go to Cafe Le Jurat, do you get certified angus beef burgers, or an embossed giant oreo cookie? That choice is yours.

One lady tried to pick up a Notary walking down the street near the Secretary of State’s office, but she couldn’t get the Notary to acknowledge her (sorry, bad pun.) He just walked right by her. Then she chased him and swore at him. He said that you swear under Oath and not with profanity.

So there you have it — a complete guide to picking up and dating Notaries. Let me know if you have any questions.

You might also like:

Notary Pick Up Lines
http://blog.123notary.com/?p=9851

A bar only for cool notaries
http://blog.123notary.com/?p=22546

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April 1, 2019

Compilation of best posts by guest bloggers

Filed under: Guest Bloggers — admin @ 7:43 am

Here are our best posts by guest bloggers

WRITTEN IN CONJUNCTION WITH ANDY COWAN

Trump – Making American Notaries Great Again
http://blog.123notary.com/?p=17023

Introducing the 2019 Notaries!
http://blog.123notary.com/?p=21147

A Notary goes Public on Shark Tank with Shazamdocs!
http://blog.123notary.com/?p=18943

Comedic Notary Pricing from Apo-steal-of-a-deal to Zilch (not getting paid)
http://blog.123notary.com/?p=18941

MY BIG PHAT GEEK WEDDING
http://blog.123notary.com/?p=17053

Shark Tank – Notary Escrow Pal
http://blog.123notary.com/?p=16009

A Seinfeld Episode About a Notary
http://blog.123notary.com/?p=10208

CARMEN’S POSTS

Attorney’s bullying Notaries – when does it end?
http://blog.123notary.com/?p=19383

SnapDocs, who is it and what is it?
http://blog.123notary.com/?p=19333

#1 Notary Error
http://blog.123notary.com/?p=18956

Please answer your phones and check those emails
http://blog.123notary.com/?p=21274

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Oath, what Oath?
http://blog.123notary.com/?p=19628

Lets stop undercutting each other
http://blog.123notary.com/?p=19381

Please don’t quit your day job just yet
http://blog.123notary.com/?p=19385

Million Dollar E&O?
http://blog.123notary.com/?p=19336

KEN EDELSTEIN

A job declined
http://blog.123notary.com/?p=19979

Notary for a USA presidential candidate
http://blog.123notary.com/?p=19148

Notary of the future
http://blog.123notary.com/?p=18952

Get the special jobs
http://blog.123notary.com/?p=19106

Notary email tools
http://blog.123notary.com/?p=19150

Now is the right time to become a signing agent
http://blog.123notary.com/?p=21039

Are you practicing law by drawing a signature line?
http://blog.123notary.com/?p=21033

Do a half fast embossing
http://blog.123notary.com/?p=19981

The automatic repayment form
http://blog.123notary.com/?p=19708

My reply to a vague incoming email
http://blog.123notary.com/?p=19704

Ken’s list of things Notaries goof on
http://blog.123notary.com/?p=19427

Which statement is a true statement?
http://blog.123notary.com/?p=19421

Notary also a witness
http://blog.123notary.com/?p=19415

A call from a cop
http://blog.123notary.com/?p=19410

Get off your butt
http://blog.123notary.com/?p=19408

Initial notary contact check list
http://blog.123notary.com/?p=19423

When you are in a hole – stop digging
http://blog.123notary.com/?p=19340

My next notary visit is free
http://blog.123notary.com/?p=19298

The Power of Attorney was rejected
http://blog.123notary.com/?p=18954

When you really don’t wanna take the job
http://blog.123notary.com/?p=18962

Unsubscribe
http://blog.123notary.com/?p=19031

Power of Attorney Notary Processing Mistakes
http://blog.123notary.com/?p=19031

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September 11, 2018

Logic errors can cost you as a Notary

Many of the mistakes that Notaries make are logic errors. Not being a logical person, or having a low IQ are dangerous in the Notary profession. I believe that state Notary divisions should require an IQ of 95 minimum simply because the misapplication of rules often happens because of incompetent or sloppy thinking. Additionally, not being meticulous can really cost you and your clients as a Notary. Missing items on forms, or missing items when you check forms can lead to court cases. One wrong number or one missing initial can ruin a loan. It is not safe being a Notary unless you are a very cautious and logical person. Let me elaborate how an illogical Notary can get in trouble.

1. Additional Information Sections in Loose Acknowledgements.
The illogical notary says, “This is not legally required, therefore I will not fill it out.” Unfortunately, a fraud can switch the acknowledgment from the document it was supposed to be on to another document signed by the same person which was not “notarized” and get away with it. The reason being that the Loose Acknowledgment was not labeled as to which document it belonged to.

The optional additional information section goes over the document name, document date, number of pages, other signers, capacities, and perhaps more. With all of that specific information, it would make it difficult but not impossible to find another similar document to swap the certificate to. If you want to be even more cautious like me, get a secondary embosser seal that leaves a raised impression and emboss all of the pages in everything you notarize. Then, if someone swaps pages or an Acknowledgment, it would be easy to catch the fraudulent act.

2. Not stapling forms together
If you do not affix, attach, or staple an Acknowledgment form to a document, or if you do not staple the document together, it is easy to swap pages after the notarization is complete. Swapping pages is illegal and unethical and dangerous, so you want to prevent this from happening. In California, not stapling Acknowledgments to documents is also illegal. An illogical person would not see the necessity of stapling forms as they do not bother to think of the reason why they should be doing it and what can go wrong if they don’t. Yet another reason why illogical people should not be Notaries.

3. The John Smith Dilemma
When I ask dumb Notaries this question, they normally get it wrong which is dangerous as you can end up in court for screwing this up regularly.

If the ID says John Smith, but the signature on the document says John W Smith, would it be prudent to notarize the signature under the circumstances.

The most common answers include:
You can always over sign — this is a title rule and not a legal rule. The legal rule is that you must prove a signer’s name/identity in order to notarize them. The meaning of “you can always over sign” means that if the name inscribed in the signature section of a document says John Smith, but the signer wants to sign John W Smith, that Title will not mind. Although in real life that is a matter of preference and Title might mind.
Just ask for another ID — once again, another illogical answer. Of course you can always ask for another ID, but in this circumstance there is no other ID. Having a second ID would be a different circumstance, and not the one mentioned. Additionally, in a yes/no question, you need to give a yes/no answer otherwise you are not being logical and also not proving you know the answer to the question which is NO.
The longer not shorter rule — this is not a rule and can easily be reversed. Never memorize a rule that can be reversed. The ID can be matching but longer than the name notarized. But, the ID cannot just be longer. The signature notarized can never be longer than the ID if you follow prudent procedure although some states have wishy-washy identification rules and might allow this.

My logical answer is that the ID must prove the name you are going to notarize the signer under. The ID can be matching but longer than the signature on the document, but not unmatching or shorter.

4. Understanding basic notary acts
You could get in trouble for not understanding basic notary acts. If a client asks if you can notarize an Acknowledgment when they ALREADY signed the document, most Notaries would say no. However, almost all states do not require the signer to sign in the presence of the Notary, but only to Acknowledge in the presence of the Notary — a distinction an illogical person often cannot make. So, by not understanding the rules, you will deny a valid request for notarization which is by definition — illegal. Many Notaries deny legal requests all day long and then accept illegal requests because they are completely ignorant of Notary law and procedure which describes most of the Notaries on our site which is appalling.

5. Omitting or scrambling required Oaths & Affirmations
The illogical Notary doesn’t realize that Oaths are administered in all states by Notaries and that they are required for Jurats. The illogical Notary makes the following mistakes.

Omitting the Oath / Affirmation — It can be considered a felony of perjury to omit an Oath when you filled out a paper stating that an Oath was taken. Yet many Notaries are completely unaware that they need to administer Oaths and don’t even care until they get busted and have their commission revoked which doesn’t happen very often.
Giving an Affirmation instead of an Oath — Many Notaries who were asked to give an Oath used the word affirm because they don’t like the idea of swearing. That constitutes choosing the Notary act for the signer which is not allowed. The signer decides if they want an Oath or Affirmation, so you should probably ask if the law allows for either or.
Giving an Oath as to the identity of the signer — if you are giving an Oath about a document, having the signer swear their name is John Smith does not constitute an Oath about the document unless the document says, “My name is John Smith.” An Oath is incomplete or not administered unless it is topical to the subject matter. An Oath for a document should be regarding the truthfulness of the document.
Giving an Oath regarding that the signer signed the document — once again, by law a Jurat signature must be signed in the presence of the Notary, and the Oath should be about the truthfulness of the document and not whether they signed it.
Unique state laws — if your state requires more than just swearing that the document is correct, then by all means, fulfill your state requirements which we know nothing about here at 123notary. However, if you fulfill the other state requirements, but don’t administer an Oath regarding the truthfulness of the document and I caught you as a judge or notary division worker — your commission would be revoked on the first offense as that is perjury and undermines the integrity of the Notary profession and society.

In short, being illogical as a Notary can not only cost Title companies thousands and get you fired, or sued. Being illogical as a Notary can even get you jail sentence of up to five years for perjury which is a federal law which has no regard to the particular laws of your particular state. So, learn to be a correct Notary and keep in touch with your Notary division so you don’t goof on anything.

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10 risks to being a Mobile Notary Public
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December 12, 2017

The Notary Profession is a Profession — act like it is!

Filed under: Marketing Articles,Popular on Twitter — Tags: — admin @ 3:52 am

Carmen and I are tired of Notaries treating the Notary profession as if it is a quick way to make some cash on the side — Make a few extra bucks — five bucks here, ten bucks there. This is a very bad way to look at the profession. First of all, there is liability in this profession. You can get sued even if you don’t do anything wrong. People are doing big deals that are being Notarized. If something goes wrong, they can sue you for a few thousand dollars. If the Lender did something fraudulent, you might get wrongfully sued too. If you put your package in a drop box that doesn’t get picked up and the borrower loses their lock — guess what could happen? You get the idea.

The root of the problem lies with the states who mostly have low requirements or no requirements for being a Notary. If you are 18 or over, not a felon and are breathing, you can be a Notary. Being a notary is a profession that safeguards the transactions of multi-million dollar estates. Any lack of integrity or caution on the part of the Notary can lead to disaster.

Imagine that you Notarize John Hancock only to find out he was a different John Hancock and siphoned a million dollars of equity from someone’s estate. You might end up in court as a witness, accomplice, or get sued for negligence. You have no idea what you are playing with in this profession. You have to be careful what you put your stamp on. You might step on a mine.

Many Notaries also think that because their state has minimal requirements, that it is not necessary to go above and beyond your state minimum Notarial behavior — this is wrong. If you don’t keep a journal, don’t use an embosser and don’t thumbprint, you can get in huge trouble.

Think of state requirements like you think of speed limits. If the law says you can go 100 on the highway as was the case in Montana in the past and perhaps present, that doesn’t mean you are safe doing so. There could be deadly accidents. Just because you slow down to 95, you think you are being prudent, but are you really? You are still going faster than is safe. You can blame the state, but you are responsible for your own behavior.

Most professions have licensing tests that you have to take every year or two. Some professions make you take a test of 200 questions to make sure you understand all of the regulations and standards in your industry. The Notary profession has NNA tests that are taken every year or two. California has an exam you take every four years. But, people complain when I want to ask a few questions. People try to convince me that they know it all and don’t need to be tested because of all of the years they have been in business. These are the same people who score 20% on my quizzes.

Once again, the Notary profession is a profession — treat it like one. You should be quizzed every year on all the sites you are on. Since the states do not test your competency, I am forced to. It is a huge waste of my time and really frustrating dealing with all these resistant and incompetent people who think they are so smart.

If you really are so smart, just answer the questions, get an A, and then get on with your day. It would take two minutes to test people if they just knew the answers. The problem is that they resist, and then have to think about everything I ask, and then want to argue, and I need to teach them things and a simple quiz can take fifteen minutes that should take two minutes if I were dealing with professionals. How upsetting and what a waste ot my time.

To be a professional you need to do more than study. You need to master the art of being a Notary. You need to know everything and skip the snow job of trying to convince others you know everything when you don’t. The con jobs are getting very old. I have heard it all too many times. I really don’t even want to list such people. 123notary is a directory for professionals, not posers. At least that is the word young people use these days. When I was growing up we didn’t use that king of language, we said fakers.

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I’m a high end notary in a low-ball world
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