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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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November 15, 2024

How to Properly Notarize Multi-Page Documents

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

Dealing with multi-page documents can be daunting for homeowners and business owners, especially when notarization is required. Knowing how to properly notarize multi-page documents for legal compliance can save you time, prevent delays, and protect you from legal issues. This guide will walk you through the essential steps to ensure accurate and legally compliant notarization every time.

Why Proper Notarization Matters?

Notarizing multi-page documents is more than just applying a stamp. It involves verifying signatures, ensuring completeness, and confirming the legal authenticity of the entire document. Mistakes, such as missing pages or incorrect certificates, can lead to rejected documents, wasted time, and potential legal disputes. Understanding how to properly notarize multi-page documents for legal compliance is essential for avoiding these problems.

Step 1: Review the Entire Document Thoroughly

Before you begin notarizing, review the entire document to ensure it is complete.

Check for Missing Pages

Ensure that all pages are present and in the correct order. Missing or misplaced pages can ensure the document is valid. Pay close attention to any missing sections that could be filled in later without your oversight.

Look for Blank Spaces

Verify that the document is free of blank spaces. Blank spaces could be altered after notarization, potentially leading to fraud or disputes. Ask the signer to fill in any blank fields or cross them out if they are intentionally left blank.

Step 2: Use Notary Certificates Properly

Usually, the notary certificate is on the last page of a multi-page document. However, this isn’t always the case; additional steps may be needed.

Attach a Loose Certificate When Necessary

If the document doesn’t have a built-in notary certificate, attach a loose certificate. Based on the requirements, choose the appropriate type, such as an acknowledgment or a jurat. Complete the certificate, including your signature and seal, and reference the document.

Number the Pages

Add page numbers to the entire document manually or with a page-numbering stamp. Noting “Page X of Y” helps verify the document’s completion and prevents pages from being altered or removed later.

Step 3: Verify the Signer’s Identity and Signatures

One of the most crucial steps in properly notarizing multi-page documents for legal compliance is confirming the signer’s identity. This process is essential for maintaining the integrity of the notarization.

Check Identification

Examine the signer’s government-issued ID to verify their identity. Make sure the name on the ID matches the name on the document. If there are multiple signers, repeat this process for each person.

Ask the Signer to Initial Each Page

Have the signer initial every page of the document. This practice helps confirm that each page is part of the original document. Initialing reduces the risk of tampering or page substitution.

Step 4: Apply Your Notary Seal Correctly

The notary seal is critical to the notarization process, especially for multi-page documents. An improperly applied seal can invalidate the notarization.

Placement of the Notary Seal

Place the seal near your signature on the notary certificate. Make sure it is clear and legible. If space is tight, use an embosser seal instead to avoid covering important text.

Double-Check Seal Details

Ensure the seal includes your name, commission number, and expiration date. For the notarization to be valid, all details must be visible. Double-check the seal’s clarity before completing the process.

Final Review and Completion

After applying the seal, conduct a final review of the entire document. Check again for missing initials, blank spaces, or incorrect details. This final step can save you from having to redo the notarization.

Ensure Legal Compliance with Every Step

Properly notarizing multi-page documents is vital for maintaining their legal integrity. By following the steps to properly notarize multi-page documents for legal compliance, you can avoid common errors and provide a reliable service to your clients. From reviewing each page thoroughly to applying the notary seal correctly, your attention to detail ensures the document’s authenticity. For more expert advice on enhancing your notary practice, please look at our social media tips for notaries.

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August 9, 2024

Maximizing Earnings: The Most Profitable Loan Signings

Filed under: Signing Tips — Tags: — Tom Wilkins @ 12:00 am

In today’s fast-paced real estate and business environment, loan signings are crucial in helping homeowners and business owners secure the funds they need to achieve their goals. Understanding the most profitable loan signings can significantly impact your financial success. This article will explore the key factors that make certain loan signings more profitable and how to maximize your earnings through these opportunities.

Understanding Loan Signings

Loan signings are formal meetings where borrowers sign the documents necessary to complete a loan transaction. These meetings involve the borrower, the lender, and often a notary public, who verifies the parties’ identities and ensures the documents are signed correctly. The profitability of a loan signing can vary based on several factors, including the loan amount, complexity, and type.

Types of Profitable Loan Signings

  1. Home Purchase Loan Signings
  2. Home purchase loan signings are among the most profitable because they typically involve large sums of money. These transactions often require comprehensive documentation and multiple signings, leading to higher fees for notaries. The complexity of the process, along with the significant investment, makes these signings lucrative opportunities for those involved.
  3. Refinance Loan Signings
  4. Refinancing a home loan can be attractive for homeowners looking to take advantage of lower interest rates or better terms. The demand for refinance loan signings has increased in recent years, and notaries can benefit from the steady stream of business. While these signings may be smaller than home purchase transactions, they often occur more frequently, providing consistent income.
  5. Commercial Loan Signings
  6. Business owners seeking to expand operations or invest in new projects often require commercial loans. These signings can be exceptionally profitable due to the substantial amounts involved. The documentation for commercial loans can be more complex, resulting in higher fees for those facilitating the process.
  7. Reverse Mortgage Loan Signings
  8. Reverse mortgages are specialized loans for homeowners aged 62 and older, allowing them to convert part of their home equity into cash. These signings often involve detailed documentation and explanations, resulting in higher earnings for notaries and professionals.

Strategies for Maximizing Earnings

  1. Specialize in High-Value Transactions
  2. Focusing on high-value transactions such as home purchases and commercial loan signings can significantly increase your earnings. Specializing in these areas may require additional training and expertise, but the potential financial rewards make it worthwhile.
  3. Build Relationships with Lenders and Real Estate Agents
  4. Establishing strong connections with lenders, real estate agents, and title companies can lead to a steady stream of business. Networking within these industries will position you as a trusted professional, ensuring you are called upon for the most profitable loan signings.
  5. Enhance Your Skill Set
  6. Improving your skills and knowledge in the loan signing process will set you apart from the competition. Consider obtaining certifications or attending workshops to stay updated on industry trends and best practices. Additional services, such as using an inkless embosser for document verification, can also enhance your value.
  7. Provide Exceptional Customer Service
  8. Delivering outstanding customer service is key to building a successful loan signing business. Ensuring a smooth and efficient signing process will lead to repeat business and referrals, further increasing profitability.

Challenges to Consider

While the potential for profitability is high in the loan signing business, there are challenges to be aware of. Competition can be fierce, and market fluctuations may impact the demand for certain loan signings. Staying adaptable and continuously seeking ways to improve your services will help you navigate these challenges effectively.

Unlocking the Potential of Profitable Loan Signings

Understanding the dynamics of the most profitable loan signings is essential for homeowners and business owners looking to maximize their earnings. By focusing on high-value transactions, building strong industry relationships, enhancing your skills, and providing exceptional service, you can unlock the full potential of this lucrative field. Whether you’re a homeowner refinancing your property or a business owner seeking capital for growth, the right loan signing opportunities can lead to significant financial success.

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January 23, 2022

The Notary, The Mafia & The Fedex Drop Box

Filed under: Best Humorous Posts,Drama & Tragedy,Humorous Posts,Popular on Facebook (A little),Popular on Twitter 2011,Popular Overall — Tags: , , , — admin @ 12:03 am

This was originally published many years ago.

An uneventful signing
It was a gray Monday afternoon in the first week of November. Kary went to her signing with the Thompsons. They signed the documents without too much reading or complaining. Kary had one other signing after that. When all was done, she made her way to the Fedex drop box. She had a habit of always going to that same drop box. It was near her home, and it felt like a safe place to go at night, being a single woman.

Luckily for her she was nowhere near the San Diego mayor’s office.

The Sopranos were en route to the same location she was
This poor woman’s luck — she ran into someone who was still mourning the loss of the great James Gandolfini AKA Tony Soprano. He was such a fan of the show that he decided to pull a mafioso type move on this poor unexpecting woman. This thug Tony Baritone had been in the drug trade for years, but wanted to step it up a notch. His old M.O. was meeting for the swap in a dark alley, giving them the briefcase, taking the package — you know the drill. But, he wanted to do it more like they do in the movies this time. This was his first attempt at simulating the panache of his television alter-ego.

Just about to drop the FedEx and…
So, this woman was just about to drop her package in the box. Her finger was on the handle of the box. She noticed a large garbage backing up about 50 feet away. She disregarded the truck whose distinctive oder was wafting her way. She put the Fedex in the Fedex drop box, and then proceded back to her car. The garbage truck nearly ran her car off the road as she left her parking space. It was so abrupt, she stopped the car to get out and see what this maniac’s problem was.

The garbage truck backed up
The truck had backed up almost into the Fedex box, and had jaws that clamped the Fedex drop box and tore it from its bearings and lifted it into the truck. The woman started screaming, “What are you doing? Are you crazy?”

Blonde #2 appears
Then another blonde lady appeared out of nowhere who looked almost exactly like the notary. She was the same age, same hair color, and same height, and also had a Fedex package that she wanted to drop. The other lady looked very puzzled. She said to herself, “Wait a second, my instructions were to put the Fedex in the drop box and leave — but, that truck just took the Fedex drop box away!” Blonde #2 (also an unnatural blonde) was unbeknowingly carrying $10,000,000 in drug money that she was to deposit in the Fedex box — which was to be removed by the garbage truck. But, their plan got foiled.

We have to get rid of the witness
The driver said to his friend, “We have two problems — the money is not in the Fedex Box, AND, there’s a witness. We need to get rid of the witness, but I can’t tell them apart.”
His friend said,“You have to look for the roots, real blondes have roots — our blond is a real blonde!”
Driver: “No she ain’t, I’ve seen the broad before, she has a different hairstyle every several months”
Friend: “So, you can tell the two chicks apart!”
Driver: “Not from this distance without my glasses. Let’s get my money first. The broad with the package has the money.”

The mafia chases the blonde
So, the driver and his friend jump out of the truck (which is parked in the middle of the boulevard) and run towards the blonde with the Fedex. The irony is that she doesn’t know that they are the intended recipients of the package because her instructions were only to “Put the Fedex in the drop box”. So, she runs away from these scary people — who are actually her boyfriend’s best friends, and the ones who gave the $10,000 to her boyfriend to pay her to do the drop. Meanwhile the notary lady decides to chase after these scumbags to get them to give her package back.

She loses them and then finds them
In the heat of the chase, she loses them, and then finds them again. The other blonde escapes from these thugs, finds the drop box in the back of the garbage truck, puts it in, and runs away. Meanwhile, notary lady catches up to the thugs, and throws her embosser at them — leaving a raised seal of disapproval (in the form of a bruise) on the now unconscious mafia garbage truck driver’s left temple. The irony of the story is that the character with the concealed weapon is not one the mafia characters, but is the notary who was carrying a stainless steel embosser.

The Notary recovers the loan docs
After that, the driver’s friend ran away and the notary proceeded to the unattended garbage truck to pick up her package. She picked up the highest package in the box in such a hurry, she didn’t realize that she had picked up $10,000,000 in dirty drug money. She gets in her car and drives off with her “loan docs” finally in her possession again. She calls the signing company and lets them know about the problem. Then, she proceeds to her nearest staffed Fedex station — where there won’t be any garbage trucks (let’s hope). She pats the package in glee to have gotten it back after a small altercation. But, she notices a distinct bulge in the package that didn’t feel like loan documents.

But, what she had was not really the loan docs after all
The five seconds after she realized that her loan documents were not in her possession, she saw a large garbage truck driving down the street.

Mental note to self: “Take out the garbage”

Tweets:
(1) A notary bumps into Toni Baratone at a FedEx drop box
(2) The garbage truck tore the FedEx drop box from its bearings and took it away!
(3) “We need to get rid of the witness, but I can’t tell the 2 blondes apart”
(4) The Notary takes $10 million in drug money to the Title company by accident.

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January 16, 2022

Quiz: You know you’re a good Notary when you…

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 9:54 am

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

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November 30, 2020

What do people like about being a mobile notary?

Filed under: General Articles — admin @ 5:59 am

There are many reasons why someone would become a mobile notary. There are also other reasons why a person might continue to be a mobile notary. Here are a few.

1. Work your own hours
Are you tired of the 9-5 hussle and hassle? Working your own hours is great. You can also do other gigs between notary jobs, or take other gigs when there normally aren’t any notary jobs. You can also work a part time or full time job and keep doing signings.

2. Drive
Some people were born to be on the road (again). If you love to drive, being a mobile notary will keep you busy. You can work on the road, eat on the road, and just remember not to sleep on the road as that might be dangerous.

3. Meet new people and then notarize them
It is like being in the armed forces. Go to foreign countries, meet new people and then kill them. Instead of killing them, you notarize them — it’s the next best thing — trust me. You will meet people from all walks of life. You will know every end of the spectrum of middle class (boring) as well. Just like a snobby British upper class lady once said, “A marriage made in middle-class — how pedantic.” And then the sarcastic New Yorker said, “She could have done worse.” So take your pick. You can also meet criminals, kidnappers, arsonists, frauds, strippers, porn actresses and more. But, for the most part you will meet very “pedestrian” middle-class Americans who are so boring that you should have a cup of Joe before the signing to ensure you don’t fall asleep. On the other hand if boring is your thing — you will meet the right demographic. On a brighter note, if you live near a fun town like Santa Monica or Hollywood, you might meet more fun people.

4. Deter fraud
It brings meaning to my life to be part of reducing the amount of fraud in this world. Fraud creates uncertainty and suffering and the angels would prefer that we keep our world clean and orderly and that is why I believe they chose me to run this directory as I try to keep things ship shape. Notaries who are thorough make it very hard for frauds to get away with anything. Using that raised seal embosser on every page of every document you notarize, checking ID’s carefully and thumb printing makes it hard to do anything suspicious.

5. Reading our blog
Some Notaries like being a notary just so they have a legitimate excuse to read our zany blog. Yes, the comedy articles on the blog make the whole nightmare of being a mobile notary all worth it in the end. Laugh your way to success.

6. Money
Believe it or not, some people make good money in this profession, or at least used to. And others make a good supplement to their income too. If you are efficient allocating your time, you can make good money at least on an hourly basis. You should see what Carmen rakes in for very quick jobs taking less than an hour from door to door.

7. Retirement
Being a mobile notary is a great way to spend your retirement. It is hard to work full-time as an elderly person, but as a notary you can work as much as you feel up to it.

8. A good job after you have been in Mortgage
If you were in Mortgage for years, being a mobile notary is a natural continuation as your knowledge will carry over to a particular extent as a notary.

9. Stamping
Some people find it theraputic to stamp things, and as a notary, that is what you do every day. It might make you feel official.

10. Reading up on legal aspects
Being a Notary means you have to read up on the legal aspect of being a Notary Public. You need to know all of the identification procedures and all of the various notary acts. There is a lot to know and many people enjoy learning the legal distinctions. And then there are others who are so afraid to commit UPL that they fail to learn Notary law themselves and end up committing crimes out of ignorance on a daily basis. You might like giving Oaths too — I swear! Hmmm.

So that concludes my little article on why you might like being a mobile notary. I hope that you all now see the positives in your career and don’t regret being in this profession.

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November 24, 2020

Notary IQ Test: 123notary is to Snapdocs what…

Filed under: Certification & Communication Skills — Tags: , , , — admin @ 11:09 pm

Here is yet another Notary IQ test to test your Notary knowledge and thinking skills.

1. A Jurat is a Notary act that:
a. Has to be sworn to.
b. Has to be signed in front of the notary and sworn/affirmed to as opposed to an Acknowledgment which doesn’t have to be signed in front of the notary.
c. Has to be affirmed to. It is bad to ask people to swear as that might offend certain people.
d. Requires a Jurat certificate and an Oath or Affirmation.

2. Acknowledgment is to Jurat what:
a. A pre-fab home is — to a home that is built on site.
b. A chicken that has an egg inside it and then lays it — to a stork that brings your baby.
c. An Oath — to an Affirmation
d. A venue — to a certificate.

3. An Oath is to an Affirmation what:
a. Traditional is to politically correct.
b. God is to your personal honor
c. A New Yorker says in traffic to what a Millennial in California says at a formal appointment of office.
d. Choosing God to Choosing your diety of choice (pick option 4 for Lord Krishna).

4. A Mobile Notary is one that
a. Lives in Mobile Alabama
b. Used to live in Mobile Alabama
c. Travels to jobs
d. Charges a travel fee.
e. Prefers to book jobs at Starbucks… his “office” so he can have mocha-java while waiting for clients to show up. Sounds like the modern day Fonz having an “office.”

5. 123notary is to Snapdocs what
a. Source of information about real Notaries — to source of information about sad excuse for Notaries.
b. Directory is to Portal
c. Old school vs. High Tech
d. Public reviews vs. Thumbs up or thumbs down.
BTW, I just had a glass of 14 hands Merlot at a restaurant. The waiter asked me how I liked it and I said, “14 thumbs up, but not necessarily from the same seven hands.”

6. NNA is to 123notary what
a. One stop shopping is to advertising and signing agent training
b. Conferences are to blog articles and phone sessions with Carmen
c. A good source for ammunition is to a good source of higher paying Notary leads. (or am I confusing them with the NRA? — sorry, old joke.)
d. A big company where you don’t get to know the staff personally vs. a small company where everybody knows Jeremy & Carmen, but not Raymond.

7. The additional / optional information section on an Acknowledgment is critical because
a. It is good to show you are thorough
b. Jeremy says so
c. You can identify the document in multiple facets on the certificate so that it would be obvious if the certificate were swapped out to a different document.
4. To prevent someone from using the certificate on another document.

8. The most effective use of an embosser would be
a. To create a raised impression on all pages of every document you notarized to detect page swapping after the fact. Also, to prevent page swapping onto other documents that were not notarized by you.
b. To create a really large Oreo cookie.
c. To look hype when you arrive at a notary appointment — check out my embosser yo! Stainless!
d. You could use it as a weapon in case the signer tries to attack you — hey, it happens.

That is all for today students. I hope you enjoy our quiz. You can discuss potential answers in the comments or read Notary Public 101 to learn how I would answer some of these.

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November 6, 2020

Notarizing Multi-Page Documents

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

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

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

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

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

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

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

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

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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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November 4, 2020

10 risks to being a Mobile Notary Public.

Filed under: Notary Mistakes,Popular on Facebook (some) — admin @ 12:59 am

Originally posted Oct 19, 2017.

Notarize at your own risk. Being a Notary is NOT safe!

Many of you think that being a Notary is an easy way to make a few extra bucks. Stamp a piece of paper, get $10, easy, right? Then you deal with nitpicky signing companies who make you fax things back and you get mad, right? That is an annoyance, but not the bigger problem. Being a Notary is dangerous, particular when you don’t do your job correctly. Most Notaries feel that you look at an ID and if it is close enough and the photo looks like the guy, that you are doing your job, right? Sort of. Here are some itemized risks to being a Notary Public.

1. Hoarders
If you go to someone’s house and they have things stacked to the ceiling, you might be in danger in their house. The signer doesn’t want to hurt you. It is just that they cannot control their psychological disease that causes them to engage in hoarding. My housemate is like this and she has stuff stacked to the ceiling which is dangerous and a fire hazard. Something could fall on you or you could get trapped in a fire.

2. Bio-hazards
Some homes that are not cleaned properly are dangerous. One house Carmen almost went into had some bacterial infection that would have gone straight to her lungs and caused her to go to the hospital. If a house smells funny, maybe you are not safe in there. If it is not ventillated properly, perhaps you should stay away. Poor hygene can be deadly, so be advised.

3. Dogs
Some neighborhoods have unsafe dogs around. Notaries could be harrassed or bitten by dogs. Carrying pepper spray or mace is not a bad idea.

4. Slummy neighbors
You might go to a signing in a bad area and people nearby might be hanging out who look unsavory. I am not sure if this is dangerous, but some people get upset.

5. Angry borrowers.
One Notary got pushed off a flight of stairs and broke her wrist. The borrower didn’t like his APR and I guess the Notary didn’t educate themself on how to give a professional explanation of the APR either. The borrower ended up in jail very quickly and the Notary healed in two months.

6. FBI and lawsuits
Roughly 2% of full-time Notaries will end up in court or with an FBI investigation for being involved with identity theft. If you do not keep a thorough journal with thumbprints and the right amount of journal entries, you are much more likely to be held in court as a witness, suspect, or cause yourself extended grief. Without a thumbprint, the investigators are often helpless to catch really really bad people. So, help them out and keep thumbprints. Do your part to safeguard mankind.

7. Getting sued by a borrower
One borrower got mad and sued the Lender, Title company and the Notary when the Notary had done nothing wrong. The Notary tried to use their E&O insurance, but the company wouldn’t pay out because the Notary had not made any error or omission. Of all the bad luck. So, the Notary lost $30,000 in legal fees. Talk about bad karma.

8. Getting sued by the bar association
If you life in an Attorney state and do loan signings without a law license, the bar association might come after you. Good grief.

9. Jeremy might phone quiz you.
Many Notaries who thought they had it together got a phone call from the infamous Jeremy (that’s me) and failed an over the phone quiz. They rationalized, “I’ve been doing this 30 years and therefore I know what I’m doing.” My rationalization is, “Not if you got 18% on my quiz which consists of very easy and every day notary questions.” You might not lose any money, but you could lose your dignity if you score less than 70%. So, study up!

10. Your seal could be stolen
It happened to me. I had to write to the Secretary of State. My car was broken into and I lost my seal, embosser and journal. What a tragedy. It took me two and a half weeks to be back in business. Think of all the money I lost not to mention the trauma of being robbed of my most prized possession — my inkless embosser that I used as a secondary seal to deter fraud! Boo-hoo.

There is also the risk of traffic accidents and having one of those talking GPS systems that talks back to you when you get in the wrong lane, but I won’t include details of those problems as they are common to all humans who drive and not just to Notaries. The end!

.

You might also like:

13 ways to get sued as a Notary
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Notary loses $4000 in legal fees because a fraud adds a name to a Notary Acknowledgment.
http://blog.123notary.com/?p=19477

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

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November 2, 2020

Notary Verbiage & Notary Wording

Filed under: Popular on Facebook (A little),Technical & Legal — Tags: , , , , — admin @ 11:07 pm

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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