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January 29, 2022

My date with Jeremy

This article was originally published in 2013.

He was striking and utterly took my breath away–like a traffic accident. I couldn’t take my eyes off of him. He had deep, penetrating gray eyes that seemed to notice everything. His shirt was the color of numbers.

We got out of the car at the restaurant. He took the ticket stub the valet handed him and scrutinized the numbers. “These add up to 33, an excellent number for business,” Jeremy noted. “I hope my good fortune extends to this restaurant as well. Let’s go in and see what’s on the menu.”

The sign above the entrance said Le Jurat.

“How did you pick this restaurant?” I asked.

“I have an algorithm for restaurants,” Jeremy said, opening the door for me.

“How chivalrous!” I replied. I was in awe of him, and I didn’t know what else to say.

“I assess the restaurant according to reviews, how they answer the phone, and zip code… and then I try the food,” he explained. “I test the food before bringing a friend here. Sometimes the reviews don’t match the quality of the service provider. In my opinion, good reviews don’t necessarily translate to good service–but I don’t know if you subscribe to that opinion, Sealia.”

As we were being taken to our table, a woman with frizzed red hair like the bride of Frankenstein ran up to Jeremy, tapped him on the shoulder, and demanded–“My password! I need my password! I can’t get in to update my page!”

Jeremy looked her in the eye and said sternly, “I’m having dinner. I emailed you your password three times in the last few months. You need to request it by email. Not now.”

I wondered exactly what the woman was talking about…and whether this man ever had any time to himself.

The decor of Le Jurat was elegant, parchment beige with traces of pink and gold, and there was no waiting line, yet the restaurant was full–an amazing combination for a Saturday night in Los Angeles. On all the tables, a little sign next to the placemats read, “Customers who subscribe to our newsletter have sworn by us…” The music playing in the background was “I Swear” by John Michael Montgomery…

“When I was choosing restaurants,” Jeremy said slyly, “it was a choice between this place and a Christian Korean place called the Hyung Moon Temple where the signature dish was Stained Glass Noodles.”

I laughed. “So tell me about this business of yours,” I asked. “What exactly do you do for notaries?”

“I provide advertising, education, and entertainment for notaries–visit us on Facebook! I also use algorithms to assess the notaries’ performance and knowledge.”

“I didn’t know Al Gore had rhythm,” I smiled and nodded.

“I didn’t know he had rhythm, either.” His phone rang. “123notary, this is Jeremy” he stated automatically.

“It’s Vicki from Hyung Moon,” he said aloud; “Sorry, Vicki, I have to cancel…I will not be able to make it this evening. I wish to rescind.”

He hung up quietly and said, “I kind of double booked…”

He was just about to smile again when the phone rang–again.

“Hullo,” screeched a voice.

“123notary, this is Jeremy.”

“Are you a notorizor?”

“I used to be a notary but I’m not anymore. Please look on 123notary. I’m the site administrator. Please call a notary on the site. Have a nice night. Goodbye.”

Again the phone rang,
but this time, he glanced at the number and said, “I’m not going to answer now because I’m with you, but I’ll have to call them back in exactly one hour and 56 minutes. That will be the best time to speak with this person who wants to take a phone test. I remember their number and the exact time they said would be optimal to call. That gives us enough time to have our meal and a dessert…before we go to FedEx to finalize the date,” he said, focusing on a tiny spot on the tablecloth.

“FedEx?” I said. “Why FedEx?”

“That’s where my dates always end–at a FedEx drop box.”

We tried to catch the waiter’s attention. “Hey–the waiter didn’t even acknowledge us!” Jeremy quipped. “Do you think our waiter will personally appear before us? I would like to order the Soup du Jurat…and a Certified Angus Burger…I like this restaurant because it’s 24 hours…although they don’t answer the phone after 11…if you want late-night service you have to call before 11… ”

I decided on the Rack of Lamb. “Is that a dual rack or a single?” I asked the waiter, who had finally appeared.

“Well, technically it’s a single rack….but we put in a separator program…so the legal size chops can go on a legal-sized plate.”

“If I don’t like the entree, do I have the right to cancel?” Jeremy demanded.

Finally the waiter delivered the food–and not a minute too soon.

“This lamb is delicious!” I said.

Jeremy ate his certified burger. “This stuff is as good as Kobe beef!” he replied.

“So what is it really like running 123notary?” I asked.

“It’s like dealing with a series of situations that never end,” he said.

“So it’s like marriage,” I said.

“That’s a good analogy. Trying to get people to do what they’re supposed to is like separating ribs. I need people to answer their phone, or write their Notes. They don’t all do it.”

“So it’s like a cross between babysitting and marriage…”

“Another good analogy! We’re really on the same page here. Would you like to have dessert at Le Venue down the street?”

“I’d love to!”

“Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”

The waiter brought the check.

“When is my first payment due?” asked Jeremy.

“In five minutes,” the waiter answered. “The term of your loan is 45 minutes–with no accrued interest. The final payment is due tonight as well.”

“Is my APR different from my rate?”

“They are the same–due to the fact that we are not adding finance charges to your transaction,” the waiter explained.

“I see your point.”

“There are no points– because points would be considered finance charges–and no origination fee,” concluded the waiter.

“This conversation is completely irrelevant, considering there is no security instrument,” said Jeremy.

The waiter returned with the credit card statement.

“What color ink would you like me to sign with, black or blue?”

“Either. Just as long as you are personally appearing before me, I can accept your signature…but I could give you an oath…because I saw you were raising your right hand as you were trying to hail me,” the waiter replied.

“Shall we leave?” I asked Jeremy.

“Let’s go,” he said.

We walked down the street to Le Venue, a Restaurant for Notaries, for dessert.

“What county are we in?” Jeremy asked the hostess.

“Why do you need to know?”

“You always need to know what county you’re in when you fill out a venue. You’re not a notary, are you?” Jeremy told the hostess.

“Is everyone here a notary?” he asked the waiter.

“Pretty much…except the hostess,” the waiter replied.

I noticed the placemats read, “State of California…”

We looked at the menu anyway, even though we were only there for dessert…and saw “Roast Seal with Ink.”

Jeremy considered the mousse for dessert…

“What county is the mousse from?” Jeremy asked.

“It’s not from a county, it’s from a province, sir” the waiter replied.

“Can we get an Alaskan mousse?” …

“How about this dessert made with oreo cookies– what a great raised seal they have!” I suggested.

“Does the seal on the embossed cookie have an expiration date?” Jeremy asked.

“It doesn’t expire until 2015,” the waiter attested.

“How about the analytics dessert? It’s a graph… It’s in the form of a pie graph…”

“Oh, I can’t eat a whole pie…” I said.

“Well, most of the pieces are missing…the anayltics weren’t very good…” Jeremy pointed out.

Jeremy got the mousse, and I asked for the Locus Sigilli Sundae.

“Today is Friday. Do you serve the sundae today–or only on Sundays and federal holidays?”

“We serve this sundae with the oreos every day, sir,” the waiter replied.

The food was perfect.

“I can’t finish my dessert,” I said. Can you finish it for me?” I asked.

“I think we have to get a power of attorney for me to finish your dessert,” Jeremy replied.

On the way out, he went up to the hostess and asked, “Can you validate us?”

“You’re a very nice person,” she told him, smiling.

“No, I mean stamp our parking receipt…Can I stamp it myself? I’m a notary; that’s my thing. Can I backdate it? We’ve been here quite a while…”

“No, sorry sir, we don’t allow that…”

“I enjoyed eating the date stamped on my oreos…” I said, wondering what to expect next.

“I enjoyed eating my mousse…but I would have enjoyed it more if the antlers hadn’t been crushed by the car that hit it in the dark, ” Jeremy laughed. “Can I take you home?” Jeremy asked softly.

“No….just drop me off at the FedEx drop box.”

Tweets:
(1) “Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”
(2) The waiter brought the check. “When is my first payment due?” asked Jeremy.
(3) “Does the seal on the embossed oreo cookie have an expiration date?” Jeremy asked.
(4) The notary asked, “Can I get an Alaskan moose with Russian dressing. They’re our next door neighbors!”
(5) Running 123notary is more like babysitting than you think,
“Did you update your listing? Did you update your notes? Did you renew yet?”
(6) “FedEx?” I said. “Why FedEx?” “That’s where my dates always end–at a FedEx drop box.”
(7) Running 123notary is like a cross between babysitting & a marriage. A bunch of situations that never end!

You might also like:

My 2nd date with Jeremy
http://blog.123notary.com/?p=7074

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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November 6, 2020

Notarizing Multi-Page Documents

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!

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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

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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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October 12, 2017

Notary Public 101 — Certificates

Return to table of contents for Notary Public 101.

You might also like: 10 tight points on loose certificates.

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NOTARIAL CERTIFICATES

There are certificates for various types of Notary acts. Acknowledgments, Jurats, Proofs of Execution. Some states even have certificates for Oaths and Affirmations. Let’s focus on Acknowledgment Certificates for now.

There are various parts of an Acknowledgment form.

(1) The venue. The venue is normally on the upper part of a certificate. In California now there is some verbiage in a box that I am not trained in. But, above the boiler plate wording there is a venue which documents the county and state. Is a venue the county where you did a transaction or two lines of information in a form? Both! However, the documentation of the venue is the one in the certificate and it is informally called the venue and not the documentation of the venue.

(2) The date. The date is a field the Notary is often held responsible to fill in. The date falls into the area of the boiler-plate wording of the form which is standardized wording from your state or perhaps another state.

(3) The names of the signers. As a Notary, you need to input the names of the signers or affiants into the Notary certificate if required. Sometimes it doesn’t make it clear whose name goes in the form. If it says, “Subscribed and sworn to before me by,” then after the “by” put the name of the affiant or signer otherwise you will ruin the form.

(4) The name of the Notary. The name of the Notary once again is entered into the boiler-plate wording area.

(5) Pronouns, singulars and plurals. Each state has a different wording for Notary certificates for each act. However, it is common and typical to have some sort of Notary verbiage that includes he/she/they executed the instrument, his/her/their signature(s), or his/her/their authorized capacity(ies). The critical thing here is to cross out the incorrect words and leave the correct wording. If you do a notarization for John, then cross out the her and their and the (s) assuming John only signed once. If you do a signing for Bruce Jenner then use a special form called the T-acknowledgment which says he/she/it’s complicated/they

(6) Testimonium Clause. Where it says “witness my hand and official seal,” that is called the testimonium clause. Below the boiler plate wording is the signature area where you sign and then affix your notarial seal. And by the way, “Locus Sigilli” means the location of the seal.

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CHANGES TO CERTIFICATES

Making any change on a Notary certificate is messy in my opinion. You can consider crossing out and initialing wrong information. Remember that ONLY the Notary can initial or write on the certificate forms and the signer cannot touch it. However, it is cleaner to create a new certificate using an Acknowledgment that you get from a pad that you keep your Notary bag. That way you can start all over, fill the form out correctly and then staple it to the document in question.

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ADDING LOOSE CERTIFICATES

If you notarize a document that either does not have acceptable Notary wording or doesn’t have any Notary wording (or wrong information on the form) then you might want to add a loose certificate from your pad of certificates that you purchased from the NNA (recommended). Additionally, if there is no room for your seal in some pre-existing Notary verbiage, you might be forced to add a certificate for logistical reasons.

You might also like this blog article:
Sending loose certificates in the mail is generally illegal!

If you add a loose certificate, the certificate must be filled out thoroughly. This means that in addition to the legally required verbiage, you fill out the ADDITIONAL INFORMATION section. The additional information section includes:

Document name — if you don’t put the name of the document on your loose certificate, it might be unstapled and added to a wrong document by accident or on purposes.

Document date — if you don’t put the document date, your certificate might be added to a different document with the same name by accident or fraudulently.

Number of Pages — if you put nine pages, then it will be hard for a fraud to swap the certificate and put it on a similar document with eight pages.

Other Signers — You can name the other signers on the document.

Capacities — California no longer allows this, but you can mention if any of the signers are signing as Attorney in Fact or some other capacity.

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EMBOSSERS

Cautious Notaries often use an embosser when notarizing. You can use an inked seal and also a non-ink embosser that leaves a raised seal. If someone photo copies your certificates, the embossed impression will not show up in the photocopy. Additionally, you can emboss each page of a document to discourage page swapping.

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AUTHORITY

If there is a disagreement between a Title company involved in a transaction and a Notary regarding what venue or information goes in an Acknowledgment or Jurat certificate, the Notary has absolute authority. The Notary may ask for the Title company’s preference if there are two legal ways of doing something such as crossing out and initialing vs. adding on a loose certificate if there is an error. However, it is the Notary who is legally responsible for filling out the form and it is the Notary who will end up in court if there is a problem.

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WHO TO ASK FOR HELP WITH CERTIFICATES

If the Notary does not know what to do when filling in forms or notarizing, do NOT ask the Lender or Title companies as they have a beneficial interest in the transaction AND because they are not experts in the field. The tiel rep might be a Notary, but not necessarily in your state, and not necessarily an informed Notary. Title and Lenders will typically tell you whatever it takes to get the job done whether it is legal, recommendable, safe, or kosher, or not. They don’t care just as long as their loan goes through and YOU, the Notary are the one who gets locked up if you did something illegal just as long as it is your seal on the page.

If you need help with a Notary problem, consult your state’s Notary division as a first resource and the NNA hotline as your next resource. I would be very wary about trusting anyone else.

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October 8, 2017

Airline meals verses Notary Oaths & Affirmations

Filed under: Technical & Legal — Tags: , , , — admin @ 3:06 am

Have you ever wondered what airline meals have in common with Notarial Oaths? More than you think. In the old days airlines would only have one choice. The choice would normally have meat, and a few sides. Those were the good old days when women stayed at home and men supported them, and children had fathers. But, we solved the problem of children having fathers (so old fashioned and unnecessary.) Now, we are all the more wiser and realize that children do just fine without a live-in father and don’t need school prayer either. What a waste of time. Additionally, we have stopped reproducing for the most part which is another way to solve our sociological problems.

On the other hand, a preacher from Tennessee on television says, “If God goes out, then the Devil comes in… Since we have stopped prayer in school, there has been an upsurge in drugs, teen pregnancy, violence, and the list goes on…” But, I digress.

Now, you can get the regular airline meal, vegetarian, vegan, gluton free, high fiber, and about ten other choices. Singapore air even has some good Asian delicacies (yes please!) But, let’s get to the point of this article. It does have a point, right?

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AIRLINE MEALS

Let’s say that on Trans-Notarial Airlines you have two choices of a meal.

(1) THE REGULAR MEAL: which has a chunk of certified angus beef, two veggie sides and an embossed oreo plus a can of Affiant Cola. And then, there is

(2) THE VEGETARIAN OPTION which gives you the broccoli with tofu, their signature salad, corn, chocolate cake and a drink.

The problem is that the Notaries who ran Trans-Notarial Airlines thought they knew everything about notary food law, but didn’t. What the Notaries did was to offer vegetarians the regular meal, but remove the meat. The Notaries did not know that there was a vegetarian meal since they had not been trained.

Similarly, Notaries are unaware that most states have an OATH and an AFFIRMATION. The affirmation was created or invented as not to offend those who did not want to mention God or swearing. But, what Notaries often do is to administer an Oath, but remove the required Oath verbiage of “swear” and “God” as to please the politically correct and religious zealots instead thereby bastardizing an Oath rather than administering an Affirmation. The other mistake Notaries make is to only do Affirmations when legally they might (are likely to) be required to offer a CHOICE of acts.

MY RECOMMENDATIONS

Offer your clients a choice of an Affirmation or an Oath in a Jurat execution or if they want a purely oral sworn statement. It is their choice, so you have no place choosing for them. It is the same as offering a choice of the regular meal or the veggie meal rather than giving the regular meal without the meat. Where’s the beef? My opinion is that if you leave God out, the devil comes in. So, when you administer a sworn statement to me, don’t forget the God part. Without him/her, we wouldn’t even exist! And for New York Notaries, I recommend not doing Affirmations with the cab drivers because cabbies prefer to swear!

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You might also like:

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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

Oaths – how Notaries completely screw them up
http://blog.123notary.com/?p=19369

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October 7, 2017

Ken’s list of things Notaries goof (or might goof on.)

Filed under: Ken Edelstein,Popular on Facebook (some) — admin @ 12:35 am

Most Notaries don’t make this type of mistake. Perhaps it is mostly very new Notaries or those who are just clueless. But, read this list and learn about what other Notaries do wrong and hope that you do not make the same mistake.

1. Wrong venue
2. Cut off commission end year on cheapskate notary stamp and missed filling it in
3. Unreadable notary stamp / covers preprinted text
4. Missed a sig line (in the middle of the page)
5. Allowed borrower copy (that they already had) to mix pages with live docs
6. Did not notice that some more pages printed (they were complex) and thought was working with complete set. But some still in printer output tray.
7. Email had 17 PDFs and did not keep track / printed one twice and another not at all
8. Accepted sloppy scan of airbill which would not scan at fedex/ups so arrived a day or 2 late.
9. Did not verify address with borrower, delay causes missed drop off time
10. Wrote name in notary section from anywhere other than looking at the ID / or did not change to match ID
11. Accepted photocopy of ID as ID
12. Shipped unprocessed borrower copy
13. Fed embossed end into fax first causing jam/ripped pages
14. Permitted distractions during signing – loud TV, noisey kids, dogs, etc
15. Worked in poorly lit area
16. Did not print & bring a borrower copy (just made a CD) thus cannot swap error pages
17. Opened “big mouth” and spoke about politics, religion, “smell in the air”, keep it to job at hand.
18. 2 jobs back to back, wrong docs with airbill (both jobs screwed)
19. Make commitment to complete that is impossible (not allow for traffic, distance) – job should go to closer notary.
20. Did not follow local notary law TO THE LETTER – allowing a fool to tell notary that it must meet notary standards where the property is located.
21. Idiot notary printed double sided, last page of Note shares first page of Mortgage.
22. Ran out of paper (oops no more legal) or toner – Really???
23. One name on work order, hubbie and wifie on docs – did not verify both would be available with proper ID
24. Did a “stamp and sign ONLY” without venue or notary wording or date. (when there is no notary section but it needs to be notarized)

You might also like:

Split PDF’s into letter & legal separate PDFs
http://blog.123notary.com/?p=8856

Redaction the legal eraser
http://blog.123notary.com/?p=21058

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

Notary – what do you do?
http://blog.123notary.com/?p=21037

Bouncey Bouncey Paypal
http://blog.123notary.com/?p=21046

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August 27, 2017

How many journal entries do you use for two signers on three documents?

Filed under: Journals — Tags: , — admin @ 11:51 pm

Many states don’t require a journal. However, your journal is your only evidence if you are investigated. As a Notary, for every 3000 Notary appointments (not acts) you do, you will probably be investigated once based on my personal experience. If fraud is involved on anybody’s part and you don’t have a journal entry, you will have no evidence and could be pulled into court for weeks which would result in your loss of income.

Additionally, we recommend the use of thumbprints in your journal for all critical notarizations, especially those involving Power of Attorney documents Living Wills, or Deeds affecting real estate. It only takes a few seconds to thumbprint someone. A thumbprint cannot be faked, but ID can, so you have no reason not to take thumbprints, and plenty of security related reasons to do so. NNA sells inkless thumbprinters for about $15.

If your state doesn’t require journals, use one anyway for your protection.

Back to the question. If there are TWO signers and THREE documents, you will need SIX journal entries. One per document per signer. What some Notaries do is they create one journal entry per signer and then indicate a list of all the notarized documents they signed. This is wrong and perhaps illegal. Not only is it bad to only create one journal entry per signer, but you might forget to add a document, or if there are cross outs after the fact it will look very sketchy.

However, you don’t need to write all of the info for each journal entry. The signer’s name, address, and ID information can be copied by putting a down arrow or “ditto” quotation marks. However, legally, the signer needs to sign for each document that is notarized and the name of the document, date, time, and type of notary act needs to be indicated for each document.

Additionally, there is an “additional notes” section of each journal entry near the right. If the building looks unusual you can take notes about the building. If the signer is acting weird or looks weird or has a tattoo on his neck or anything else unusual, you should write that in your journal to jog your memory if you ever have to go to court.

I did about 7000 Notary appointments and they all became a blurr to me. The only people I remember were Gary, the guy who blew up his apartment while experimenting with explosives (not a good idea) and a Korean lady who had me notarize the sales of her massage parlors (she paid cash). I also remember Dr. Kwak (pronounced Dr. Quack) who was an acupuncturist. I vaguely remember an impatient rich guy who lived in West Hollywood, did business deals in his pajamas, and played golf. And of course Mr. Yee the Attorney who had me do all of the Health Care Directives each with 80 pages of which I embossed every single page every single time to be prudent.

So, the moral of the story is that if you don’t know how to use your journal like a pro, the NNA has tutorials that you can purchase, and they are highly recommended as they could keep you out of court (or jail.) Or both!

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You might also like:

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

NNA – what every notary needs to know about notary journals
https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

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November 20, 2016

Power Of Attorney Documents – Submitted as a double credit document

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: — admin @ 9:22 pm

Power of Attorney vs a Will
There are many types of Power of Attorney documents. However, the general theme is that someone is granting authority to someone else. A Will contains the maker’s words, directives and decisions. The executor of a Will is not a decider of asset allocation, rather a facilitator of the deceased’s allocation desires. In contrast to a Will, the Agent of the Principal (of a Power of Attorney) “may” have the authority to “call the shots” – or, the Agent may be severely constrained. Usually the Agent has “some” authority to sign for the Principal. In almost all cases, the authority granted by a Power of Attorney ceases upon the Principal’s death. The Principal granting power to the Agent may revoke such power at any time unless incapacitated. A Will can also be revoked, until Probate…..

Lifespan of the Power of Attorney
The Durable Power of Attorney – (General or Limited) remains in effect when the Principal becomes incapacitated. If the Power of Attorney is not Durable, the authority of the Agent does not exist if the Principal is in no condition to revoke the authority.

The Springing Power of Attorney – Similar to the Durable, the Springing only “comes into effect” when the Principal is incapacitated. As the definition of incapacitation can vary, the specific definition of the “trigger” should be specified in detail in the document itself.

Scope of the Power of Attorney

The General Power of Attorney – This allows the Agent to sign the name of the Principal unless it’s illegal for them to do so. One example: you can’t grant power for someone to sign your notary signature. If the word Durable is included, the power remains unless revoked or death of the Principal.

The Limited Power of Attorney – (sometimes called a Special Power of Attorney) grants from Principal to Agent authority to perform specific actions. Often this format contains an expiration date. Commonly used with loan documents, authority is granted for the Agent to sign various paperwork related to obtaining real estate.

Entitlement of Agent to Receive Payment

Unrelated to the “Gift Rider”; when the Agent manages (in some jurisdictions) property, they have a statutory right to be paid. Amounts vary, but a very rough guideline (unless otherwise specified) is:
3% of money received by the attorney,
3% of money paid out by the attorney on your behalf, and
3/5 of 1% of the average annual value of the assets covered under your power of attorney.

In personal transactions, the Agent has no right to be paid unless specified by the Principal. In some cases, the Agent applies to the Court to allow payment for Agent Services. In the vast majority of what we will see as Notary Publics, payment is rarely a concern or specified. When a payment arrangement exists, it will usually be part of a separate contract and not contained in the distributed Power of Attorney.

How the Agent uses their Authority

Assume Lock is giving Key an Agent relationship. Key would probable use one of the following formats:
Lock by Key as Attorney-In-Fact
Key as Attorney-In-Fact for Lock
Opinions vary, I prefer the first example because Lock is written first matching the “under the line”.

Considerations for the Notary

ID – Follow your jurisdiction requirements – To The Letter. Power of Attorney documents can easily be litigated in a court. Look very closely at the ID, if it’s a 35 year ago picture does it look like the affiant?

Capability – a tough one, but I like to ask why they are signing, what does this document do?

Initials – Almost never required, but let’s think about it a bit. Initials are mainly used to acknowledge seeing a page. But, I submit they also “mark” a specific page as having been accepted. While I don’t suggest affiants to initial each page (Principal, Agent(s), Monitor(s) and Successor Agent(s)) – I would insist upon it if I was the Principal and not the Notary.

Blank Lines – The Principal should consider a N/A in each not-applicable area. For example: there is usually an area for the “second agent”. If this was subsequently completed, and a “loose ack” added to the document – it might appear that the second agent was approved by the Principal.

Oath – I know, many do not bother to administer an oath. On Power of Attorney documents ya better!

Suggest More, Earn More – Under most jurisdictions, a photocopy of a notarized document – is Not a notarized document. One copy will suffice for a task specific use, as in a Signing. However, a general care giver might need many copies. It is likely that a financial institution will require an original for them to permit the Agent to use their power(s). Your client might not know this, often they assume a photo copy will work the same as an original that was “wet signed” and embossed. A few dollars for each extra copy is a value to your client and might add up to some Sesame Chicken for you.

Witnesses – rare for Power of Attorney but does occur. I feel the witnesses should also be notarized whenever possible. The California “Long Form” Acknowledgement is perfect for this as it has specific areas to associate the “loose ack” to witnessing the document.

Closing Thoughts

I receive many calls for processing Power of Attorney documents. Often the caller is somewhat angry about their recent notary experience. They relate that the notary at the bank refused to notarize a totally legal to process document, it’s bank policy – they relate. The bank does not want their “deep pockets” as part of litigation. These are much more likely to be contested than an application for a passport.

It’s not often, but sometimes someone wants me to notarize their self written Power of Attorney. Of course I can do that, but I caution them that, in the majority of my experience – the document is not in a state specific standard form. Furthermore, your document might not be accepted as you intend. I am willing to proceed, but you have been cautioned that it might not suffice. They can make an informed decision.

Sometimes for a Power of Attorney signing I receive a copy (photocopy or via email) of the relevant Power of Attorney. They send it so I can “verify” and “accept” the Agent signing for the Principal. It is my opinion that I have no requirement to see that document. First, I am not an Attorney, and “technically” am not qualified to judge, read, or take any action; even if the original “wet signed” was submitted. Nor would I be in a position to know if the authority had been revoked, or if the Principal is deceased. When I notarize “Lock by Key as Attorney-in-Fact” – I am notarizing Key – only. Key is stating explicitly, and under oath (I think – it gets a bit fuzzy here, I’m not an attorney) that Key currently has AIF authority.

At the start of this blog entry I mentioned Lifespan and Scope and covered the more commonly used documents. Note that their characteristics can be combined in multiple ways. I think there could be, of the ones covered Four Factorial permutations: 4 * 3 * 2 *1 = 24 variations! This is one document that I never want to have to read and explain (with liability!) to those I will notarize.

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You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Preparing to sign a last will and testament
http://blog.123notary.com/?p=19967

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December 11, 2015

The Lonely Italian — parady in a Notary context

I just met a very charismatic waiter from a restaurant up in the hills of Beverly Glen. He was so interesting and full of energy! But, he told me about what he does when he is not waiting on tables. He creates movies! I guess this is Los Angeles, what do you expect? Everyone here who works at a cafe or restaurant either directs, produces, acts, or dies trying. But, his movie was very interesting.

The movie was about an Italian guy who moves to the U.S. in his early twenties. He goes on every single dating site that exists and dates 150 women. It is a pseudo-documentary — part based on his real life, plus a substantial amount of embellishments. I like the part where he wears a Rabbi outfit and dates a girl from a Jewish dating site. He sprinkles a little Kosher salt on his food and says, “I’m adding a little Kosher!” He dated a girl from Farmer’s only, Cupid, Match.com, and even a site for people with fetishes. Online dating is so popular these days, yet I’ve never seen a movie about it — especially not a movie like this.

So, I asked him if he could learn Chinese and show a clip of him dating a Chinese girl while speaking Chinese with all of the Italian hand gestures. That would be a sight to see. We talked for almost an hour. But, at the end of our talk, there was just one more thing that I needed to ask him.

Can you modify your movie just a little bit? I have two dating sites for Notaries — and you could date some of the women from these sites. One is called Jurat and the other is called Affiant. We were going to start NotaryMatch too, but the programming bills got too out of hand. I wonder what the script would be like.

NOTARY: So, it is so fun to date you. You are so interesting.

LONELY ITALIAN: Yes, I like to broaden my horizons-a here. Just to make the date more interesting. I brought-a the document. Can you show me your particular style of notarizing it?

NOTARY: Oh, well I don’t notarize off hours. I don’t have my equipment with me.

LONELY ITALIAN: Oh, you use-a equipment? That sounds-a so interesting.

NOTARY: Well, I left it in my car.

LONELY ITALIAN: Well, let’s-a go back and-a get it. I like-a to see what a woman is really about on the first date. No secrets.

NOTARY: Okay… well here it is. Let’s find a table.

LONELY ITALIAN: Okay, let’s notarize-a sitting-a right-a here. But, one-a more-a question. Is it-a possible to use that Notary equipment and-a procedure — you know, in a romantic way?

NOTARY: What??????? This is too much! I’ll have to think about that… (pause) Okay. I thought about it. And the answer is — NOT ON THE FIRST DATE!

LONELY ITALIAN: One more question. Can-a we backdate?

NOTARY: Ha ha ha. You are funny. You are too cute, that is why I’m letting you get away with all of your premature suggestions.

LONELY ITALIAN: Hey. If you can’t be mature, you can be premature — it’s the next-a best-a thing!

(two hours later)

NOTARY: That was the best conversation of my life. You are a very interesting guy. And yes, we can go out on a second date. But, that date will be at Cafe Jurat. A restaurant exclusively for Notaries. That way you’ll see what our people eat.

LONELY ITALIAN: Is that the place where you have-a certified Angus beef, embossed Oreo cookies, and-a you notarized the stamp on the parking validation?

NOTARY: Very good! You have definitely been reading up on the ways of our people. See you next Friday. Don’t be late otherwise I’ll have to change the date & time section in my journal.

LONELY ITALIAN: Got it.

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You might also like:

Notary Italian Restaurant
http://blog.123notary.com/?p=16493

Compilation of posts about restaurants with a Notary theme
http://blog.123notary.com/?p=17442

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August 26, 2015

Do you use a Notary embosser?

Filed under: Technical & Legal — Tags: , , — admin @ 11:07 am

I read a discussion on Linked In about using an embosser for Notary work. I realize that I used to write about this a lot long time ago. Perhaps it has been since 2010 or 2011 since I have written about using an embosser. Here is what you need to know.

(1) Each state has its own rules about using seals and embossers. Some states don’t even require using a Notary Seal. I personally feel that it is not professional for a notary not to use a Seal and a Journal for all transactions regardless of what their state’s standards are. I have not heard of a state prohibiting the use of seals and or journals, although many make it optional. If you need to query a critical record for a Deed for a million dollar property, that will be impossible if you don’t keep a sequential journal!

Some states allow the use of a secondary non-inked embosser. Ask your state notary division if your state allows this. California allowed the use of an inked seal, and supplemental use of a non-inked embosser when I was a California Notary Public. As a general rule, if you are allowed to use an embosser as a primary seal, it must be inked. However, I recommend using it as a secondary seal because it doesn’t fit in small places, the text is round and hence harder to read, etc.

(2) Embossers help to deter fraud.
The correct use of an embosser as a secondary notary seal is to emboss each page of every document you notarize. That way frauds will think twice about switching pages after the fact which is a common crime.

(3) Embossers help to identify fraud
If someone is stupid and decides to commit fraud by Xeroxing a notarized document, the embosser’s three dimensional raised impression will not show up in the photocopy. Additionally, if a page is swapped, you can easily identify that page by its lack of an embossed impression

(4) Embossers don’t deter fraud unless you use them on every page of every document you notarize. If you get an embosser later in your career, make a notation in your journal of the date when you started using it, and keep notes in subsequent journals of when you started using it. The notes go in the COVER of the journal where you can’t miss it. That way, if any of your notarizations are investigated, you will have easy to query records of when you were using an embosser and when you weren’t. And remember, if you only use it on some documents, if a fraud is committed, you won’t remember if you used your embosser or not, so use it on every document and on all pages, no matter how many pages.

(5) Some people like to put the embosser through all the pages of a document all at once at a particular part of the document. This technique would make it obvious if someone used a forged embosser after the fact. The location and nature of the impression of the embosser would be different and lighter on each page that it went through. I didn’t use this technique because the impression would not be legible if it went through more than several pages. I did each page separately. Some notaries even put the embosser at the edge of the paperwork so only half of the embosser’s seal goes through the paper and the other half goes through air.

(6) The NNA and other notary supply companies can help you purchase an embosser. They cost around $30 when I was a Notary. They might be more now. You might need a letter of authorization from your state notary division to purchase one. Good luck!

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You might also like:

Can a notary go to jail for notary fraud?
http://blog.123notary.com/?p=21353

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

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

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

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