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May 14, 2017

Million dollar E and O?

Filed under: Carmen Towles,Popular on Facebook (A little) — Tags: , — admin @ 10:10 am

So it seems that their is a signing service sending out emails to all of the notary signing agents in their data base, informing them that for $100 each they can buy into their companies million dollar E and O policy. I have been asked to weigh in on this. My initial reaction was how odd it was and many questions come to mind. For one, I am not sure that it is even possible for a group of notaries to be under one policy. (I put a call in to an E and O provider at the time of writing this blog and I am waiting for my answer. If any of you veteran notaries know, please post it in the comments section below.) Also, all notaries are independent contractors. They have their own business, and we all work and reside in different states. Another question came to mind; would your name be listed among all the others who buy in under the policy? And would all notaries receive an actual policy? Unfortunately, the email that folks received did not answer any of these questions. What I can say, (and i mean no disrespect) is that on the surface it looks like this signing service is trying to get a little help from the notaries paying their E and O policy. I imagine a million dollar policy is very expensive. If the signing service wants to weigh in that would be great. I believe they are a member of 123.

I never understood the demand from these signing services for such high amounts in the first place. E and O for notaries covers errors and omissions (like forgetting to sign, wrong date, incorrect venue, etc) ONLY- nothing more. In this case of a million dollars, I cant imagine that that these types of errors would even come close to this high dollar amount. And typically, errors are caught before they even have a chance to turn into a problem.

I’d love to hear what you have to say about this…

.

You might also like:

Do I need 1 million E&O to get more business?
http://blog.123notary.com/?p=20183

Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

$300 in 13 minutes. How Carmen cleans up in the Notary business
http://blog.123notary.com/?p=19284

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

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April 30, 2013

Help, I’m being sued, and E&O won’t help

Dinner was over and it was actually time to call it a day and get some rest when there was a doorbell. The family could not help wonder who inthe world this could be this late in the evening. It was approaching 10:00PM for god’s sake. The lady of the house went to the door and the gentleman standing on her porch asked if she was the Mrs. Xyz and she responded yes and then he proceeded to hand her an envelope. He stated; “You have been served”.

She shut the door curious but at this point not to worried.…she was thinking ‘oh this must be a request for testimony or something of this nature’ but as she began to read the documents to her shock and disbelief….she was being sued!. She was devastated to say the least.

It seems that back a few months she had done a modification and something had gone VERY wrong and now the person who’s signature she had notarized had hired an attorney and he as suing everybody that had been involved in his transaction including the notary. This particular client was claiming that there was intent to commit fraud with all the parties that had been involved with his loan modification. The notary contacted her bonding company and they looked over her evidence and found that she was in the clear. She had done nothing notarially wrong therefore they could be of no use. But what makes it worse is that they refused to represent her. It was basically out of their hands. For those of you that don’t know. Errors and omissions is just for notarial mistakes. It will not benefit you any other way. As in the case of this particular notary she was being included in a fraud case so now she was forced to figure out how she was going to defend herself.

She and her husband discussed it and he felt that she would need to hire an attorney and so that is what they did. But unfortunately they found out that it was not going to be cheap. The attorney kindly informed them that it would be about $30,000 when they were finished. Now as I listened to the story I was in shock. I thought that if that were me in this situation I would just be forced to take a different route. I would have to have to represent myself. I would not be able to afford this large sum of money at all. Personally, I would have made a copy of all work orders and correspondence of the hiring parties along with a copy on my journal entries and a signed and notarized affidavit that I did not know any of the parties involved and would have sent this to all the attorneys involved and hoped for the best. In my years as a notary I have a couple of signers on a couple of occasions that were suing the parties that hired me and this is what I have done and it seemed to suffice and I have never had to attend a court trial. Thank the man upstairs!

It might be naive of me but if you know that you didn’t do anything wrong I don’t feel that you need to spend exorbitant amounts of money to prove it…and if you don’t have it and cant get it then you are forced to defend yourself anyway. It is actually disheartening that we have to be drawn into other peoples drama….Which led to me into thinking that we should have some sort of release of liability document for folks to sign when we notarize their signature. The document should state many things for example,; one, that we are verifying identity and signature only on the document, that we did not have anything to do with the preparation of their document, that we do not know them or are we involved in their transaction in any way. Now, I don’t know if this would protect us totally from any lawsuits but I sure would feel a whole lot better having them signing it. And if unfortunately there was a lawsuit maybe it would offer some sort of protection. It would seem to me that in the situation our notary in the story finds herself if she had such document she would less likely NOT be involved in that lawsuit. I look forward to hearing what some of our attorneys her at 123 have to say about this and would love some input as to exactly what the letter affidavit should say.

I am very interested in what others have to say on this subject. I feel for this notary. The bad news is that she is seriously contemplating giving up her commission and her notary business all together. She has been a notary for over a decade and this ordeal has left a bitter taste in her mouth and I do understand. She and I talked for a very long time and she told me that I made her feel better and that at this point she didn’t feel as alone as she had been feeling. I was glad to be able to do at least that much for her. I wish it could have been more. Let me know what you think!

Until next time…be safe!

Tweets:
(1) The borrower had hired an Attorney to sue everyone who had been involved in the modification including the notary!
(2) It would cost $30,000 for the notary’s Attorney fees to defend her from a crime she never committed!
(3) E&O refused to cover the notary since she didn’t make an error or an omission. It was the Lender’s fault!

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Protect yourself with a contract
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Do I need $1 million E&O insurance to get more notary business?
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October 14, 2012

Did you know? Random interesting notary facts…

Filed under: (5) State specific — Tags: , , — admin @ 6:43 am

Did you know?
 
Did you know that Louisiana Notaries are required by law to carry Errors and Omissions insurance?
 
Virginia and Kentucky notaries can notarize outside of their state providing the documents are to be recorded in state.
 
Commissioners in West Virginia can notarize in or outside of the state for documents to be recorded in the state.
 
In Washington DC, you can become a government notary if you work for the federal government, no matter what state you live in. You could live in Alaska and be a DC Government Notary!
 
Notaries in North Carolina are not permitted to charge ANY travel fee.  Notaries in roughly eight other states have severe restrictions on travel fees that would make it impossible to legally make a living as a mobile notary!  See details in the forum if you look up the term “travel fee”.
 
Notaries in Maine, South Carolina and Florida can solemnize marriages? Did you know that?  I do!
 
North Dakota allows out of state notaries to apply for a notary commission in their state if they live in a county that borders on North Dakota!

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Interesting and uncommon notary acts

Acknowledgment FAQ
http://blog.123notary.com/?p=21331

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July 7, 2023

Tackling the Notary Path: How Hard Can it Be?

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

Are you thinking about becoming a notary and trying to figure out how difficult the process is or what difficulties you may face in this career? While the requirements may vary by state, becoming a notary can be fulfilling. In this blog post, we’ll know how hard it is to become a notary and the necessary steps to become certified as a notary public. Learn about the responsibilities of individuals in the business, successful notary duties, and any potential biases or stereotypes in the field. Start your journey to becoming a Notary Public by gaining the necessary knowledge for advancement.

Understanding the Notary Role

Before delving into the process of becoming a notary, it is important to understand the role they play. A notary is a public officer appointed by the state government to witness the signing of important documents and administer oaths. They act as impartial witnesses to prevent fraud and ensure the validity and enforceability of legal documents.

Meeting the Requirements

The specific requirements to become a notary can vary depending on the jurisdiction, but there are commonalities across many regions. The process typically involves:

1. Age and Residency: Most jurisdictions require notaries to be at least 18 years old and legal residents of the state where they wish to practice.

2. Education and Background Check: Some states may require the completion of educational courses related to notary laws and procedures. Additionally, a background check may be necessary to ensure the applicant has no criminal history that could compromise their integrity as a notary.

3. Application and Fees: Aspiring notaries must submit an application to the appropriate regulatory authority and pay the associated fees. The application typically includes personal information, educational background, and any additional documentation the state requires.

4. Notary Exam: Several states require applicants to pass a notary exam to demonstrate their understanding of notary laws and practices. The exam may cover document types, identification requirements, and notarization procedures.

5. Bond and Insurance: Many states require notaries to obtain a surety bond and/or errors and omissions insurance. These serve as financial protection in case of errors or misconduct during notarial acts.

6. Commissioning and Renewal: Successful applicants receive their notary commission once all requirements are met. The commission is usually valid for four years, after which notaries must renew their commitment to continue practicing.

Navigating Challenges on the Path

While becoming a notary is generally straightforward, certain challenges may arise. Here are a few potential hurdles and tips to tackle them:

1. Understanding Legal Terminology: Notaries should familiarize themselves with legal terminology and document types commonly encountered in their jurisdiction. Taking educational courses or seeking guidance from experienced notaries can help.

2. Staying Updated with Laws and Regulations: Notary laws and regulations are subject to change. Aspiring notaries must try to stay updated with any amendments or new legislation that may affect their practice. Joining professional associations and attending seminars or workshops can provide valuable insights and networking opportunities.

3. Building a Client Base: Starting a notary business requires building a client base and establishing a reputation for reliability and professionalism. Networking with attorneys, real estate agents, and other professionals frequently requiring notarial services can help generate referrals and opportunities.

Embrace The Challenges And Reap The Rewarding Benefits

It’s hard to truly know how hard it is to become a notary without taking the first step. Becoming a notary in your state requires time and money, so it pays to know all the facts before diving in. It is easy to feel overwhelmed at the thought of navigating the path to becoming a notary because the requirements are strict, and understanding the full scope of what is expected can seem daunting. But don’t let that deter you from taking on this rewarding profession. By investing in yourself and understanding the ins and outs of becoming a notary, you can join this amazing world of public service experts! So, if you’re interested in joining the legal services industry but need help knowing where to start – take action now! If you’re trying to find a Notary Signing Agent near you, you can locate providers in your area on our website.

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July 4, 2021

Kaizen – constant improvement applied to the Notary profession

Filed under: Business Tips — admin @ 3:09 am

Toyota uses this Japanese concept of Kaizen. That means that you are constantly trying to improve yourself and how you do things. I am always trying to improve myself too. This is how we attain mastery.

As Notaries, what happens is that the new people tend to be very motivated, pass a bunch of tests, get background screened, get a million in Errors and Omissions, and try hard to do well.

The problem is that once people are in the door, they tend to stop trying as hard. I think that constantly reading up and trying to master Notary principles, sharpening up your marketing techniques and passing new certifications is a good thing. If you want maximum market share, you have to make a list of things you can do that you are not already doing — or, a list of things that you could try to do better.

Always making your notes section better every two or three months is another critical thing to do. Always asking people who like you for reviews is essential as well.

The most critical thing that motivated Notaries do is to email me and ask for tips. I remember the last Notary in Texas who asked me for tips. She was ALREADY doing a bang up job as far as I am concerned. She had a good notes section, reviews, and was getting experience. She had a good personality as well. She needed to get certified by us and a few other agencies for best results to impress people. But, she had a boring business name. So, I told her that a business name that has a feel to it would help. I made some suggestions of names that will have a warm and fuzzy effect on people. We’ll see what she does with the tips. The main thing is that she asked for tips, and she is always trying to improve herself.

The other thing you could do to improve yourself is to learn Japanese and visit the original Toyota manufacturing plant in Japan — and one more thing — don’t forget to bow, very important.

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February 16, 2021

1 Million E&O vs. 25,000. How does that affect your popularity?

Filed under: Business Tips — admin @ 4:08 am

I analyzed click averages of many listings and found that if you have a lot of Errors and Omissions insurance, that will raise your click average. I only analyzed a few dozen listings, but found that those with 100K get about 5% more clicks than those with 25K E&O, and those with 1 Million get more, but there were too few to analyze and give a clear assessment of what the improvement was.

Some of the big title companies want a lot of insurance, but what they want is different from company to company and changes over time. It is kind of like me trying to explain to you what a cumulous cloud looks like in my area. By the time I describe it to you, it will have morphed again.

E&O is not really important, and is more of a fashion statement. I have never heard of anyone actually filing a claim on it. But, people hiring Notaries think you are more serious when you have more of it. So, if you are serious, or want to look serious, or at least act serious, or play someone serious on TV, then consider calling the NNA and upping your insurance.

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February 2, 2021

Expressing yourself as a Notary for marketing purposes

Filed under: Your Notes Section — admin @ 1:34 pm

Business is booming for us after seven slow years. What a relief. We are getting a lot of new blood finally and it feels good. The newbies seem to have the same problem describing themselves as the people who preceded them.

Many Notaries want to tell the world things that count against them. Here are some:

1. I shadowed with such and such a Notary.
If the only experience you have is shadowing Penelope, then perhaps the person looking at your profile should hire Penelope, and not you. Shadowing is best left unsaid unless that is in addition to certifications from known agencies.

2. I became a Notary two months ago.
This makes you look like a real novice, wastes space, and counts against you. If someone asks, you can tell. But, you need to give people why they should use you vs. reasons why they should avoid you.

3. I am working on the Notary2Pro course
Notary2Pro is an excellent certification course. We recommend them highly as they do well when I quizzed them several years ago. Carol gets back to people fast with answers to their questions. But, let the world know once you have finished it. Nobody likes a half done job. We sell ten certification courses for every person who attempts the test, let alone who passes it. Buying a course doesn’t make you valuable, passing the test does.

4. I have 25K E&O but will soon be upgrading to 100K.
Don’t tell us what you will be doing, tell us what you have now, and then edit your listing once you have the higher Errors and Omissions policy.

5. I am background screened
By whom? Some companies like NNA and Sterling have a good reputation for background screening, others are relatively unknown and the procedures vary from company to company.

6. I am a Certified Notary Public from the State of Maine and I service Waldo County and do Refinances.
Once again, being “certified” means nothing unless we know who certified you. The testing standards and courses vary. 123notary has the hardest certification test. Pass ours and we will really respect you and you will get more clicks. The next problem is that you are mixing information about certification, your state of commission which is not necessary to put, as we assume you are commissioned in your state otherwise you can’t work. You next list your coverage areas in the same long drawn out sentence. I prefer to put certification(s) in one section with background screening and E&O. Then, in another section I put counties.

7. Hi, my name is Mary Smith
We already know your name is Mary Smith, it says that on the top of your listing. Why tell us twice? That takes up space when you could be telling us something else. The top of your notes section shows up in the search results. Tell us something that makes you stand out.

8. I travel
Everyone on our site travels, well almost. Maybe not the UPS stores and we have a few of them. But, the other 99% of Notaries do travel. People will assume you do.

9. I am reliable, responsible and punctual
Save it. Coming from you, that translates to — I am a novice, I have nothing to say about myself, so I will make unsubstantiated claims about how great I am with the hopes that the reader will believe me even though I have not demonstrated one ounce of credibility to anyone in this industry. Stick to the facts and let your clients put how great THEY think you are in your reviews, or pass my test.

10. I do all types of loans
Most people on my site claim that they know how to sign every type of loan. When I go through my list of 30 common types of signings most of which are Mortgages of one type or another, they typically do anywhere from 20-80%. I have yet to meet a 100%. So, basically, you are being vague, and deceiving the reader into thinking you really are experienced with every type of loan. List them one by one.

WHAT YOU SHOULD WRITE

Cold hard facts
Warm fuzzy “about you” descriptions

When you write about your skills, don’t omit the types of loans you know how to sign. It doesn’t hurt to mention you do refinances, Helocs, purchases, etc., But, 99% of Notaries out there can do those. Do mention it, but focus more on what you do that makes you special. If you are familiar (define familiar) with REO, USDA, Annuities, Applications, Reverse, and Debt Consolidations, that makes you more unusual. Most Notaries have either never done a Reverse Mortgage, or a Debt Consolidations, and the ones who have, typically don’t like doing them and half of the ones who have done them say they don’t want to do any more of them.

We think you should write briefly about your certifications (mention by whom you are certified), memberships, background screening, E&O insurance, and professional background. Don’t write a novel on your award winning Real Estate career. If it is so great, why are you a Notary in the first place? Wouldn’t you be busy selling houses unless you got tired of it? Mention that you do Real Estate, but not more than a sentence or two maximum for best results.

Warm and fuzzy descriptions are hard to teach. But, anything unique that has a nice feel to it about you will look really good. The readers are tired of cliche sounding notes sections. Seen one seen them all. If you have a classy line or joke, that sometimes can do well — it depends, but is worth trying.

We have many good articles about notes writing in the “your notes section” category of our blog. It is well worth investing a few hours taking notes on our suggestions about notes!

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November 23, 2019

Trump Rallies the Notary-publicans

Filed under: Andy Cowan — admin @ 5:53 am

Trump Rallies the Notary-publicans

President Trump took his reelection campaign to the heart of notary country today to try to rally his base.

DJT: Look at this crowd of notaries! This is an even bigger crowd than the crowd who showed up for my Inaugural. There must be dozens and dozens of you. Whoever booked me for this time waster, as in my old job… “You’re fired.”

I’ve gotten more done for notaries in my first two and a half years than Presidents Obama and Bush put together. The numbers of jobs for notaries witnessing the signings of executive orders putting immigrant kids in cages is through the roof, am I right? And it’s a beautiful, fantastic roof. Almost as beautiful as the wall I’m pretending to build I pretended Mexico would pay for.

I see a lot of credible witnesses in the crowd. I’m talking about a third person who personally knows the document signer and verifies the signer’s identity. And look, there’s the anything but credible witness, Don Junior. Chin up, Don. Oh, it’s already up? I couldn’t see it – it’s a very weak chin. Takes after one of my ex-wives, not me. Except for the “anything but credible” part. There he’s a chip off the old block.

We’re gonna have fantastic Errors and Omissions insurance for all you notaries. That’s because I want to protect a notary from any mistake that causes a financial loss to a client, so you won’t be sued for recovery, okay? I know all about being sued. You know who needs Errors and Omissions insurance? The fake news. I see you out there. CNN. MSNBC. They omit things all the time. Like how unbelievable fantastic I am. They make errors all the time. Like that footage of me walking up to Air Force One with toilet paper stuck on my shoe. It wasn’t toilet paper!

It was the Constitution. By the time I got done trampling over it, it looked like toilet paper, okay? And there was no collusion. No obstruction. That last one was a lie but I throw you so many, who can keep up?

And the Dems want to impeach me, because they’re bad, bad, disgusting, horrible people. And I’ll never resign. Whereas if you notaries resign your commission, you have to notify the Secretary of State’s office within 30 days. And not Secretary of State Crooked Hillary. That’s right…“Lock her up!” “Lock her up!” Wait, you’re not chanting it right. It’s “her,” not “him.” Stop chanting “Lock him up!” I’m not rooming with that mouth breather Michael Cohen! Forget it. Or Manafort. Do you know he dyes his hair?

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Will the next election help our notary industry?
http://blog.123notary.com/?p=22267

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April 29, 2018

Do I need $1 million (E&O) insurance to get more Notary business?

Do I need $100,000 or $1 million in Errors & Omission (E&O) insurance to get more Notary business?
It is not uncommon for some companies to require that a Notary have more than the standard amount of E&O Insurance. There is no state mandated minimum for E&O unlike a Notary Bond where the law requires every Notary to file an official bond for $15,000 which is designed to pay limited claims against the Notary Public.

But please make no mistake. All Notaries must carry some form of E&O insurance to protect themselves from unintentional errors and omissions they make. Of course, E&O policies will not cover fraudulent acts or intentional errors. Without E&O Insurance, you will have to pay for the cost of the judgment or settlement and your own legal expenses. The financial impact can force a Notary to renounce his/her Notary commission and possibly even declare bankruptcy depending upon then severity of the error.

The high coverage of an E&O policy is based on the false perception that the companies would get a better class of Notary or that they are protected from any and all errors made by the Notary. This is farthest from the truth. I have more than 20 years of experience being a Notary and have never increased my E&O Insurance above the standard amount of $15,000/- primarily for 2 reasons. First, the number of companies requiring $100,000 or even $1 million in E&O Insurance are few and far between and the number of jobs that a Notary gets does not make up for the increased premium for the additional coverage. Second, the E&O policy only covers clerical errors and does not cover any fraudulent acts committed by the Notary. As a matter of practice, I double and sometimes triple check my work and am always cautious of the people who appear before me for a notarization. More importantly, I never do anything that even has the appearance of a scam or fraud. I have no intention of being someone’s boyfriend with no escape clause!!

.

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The 30 point course – beneficial interest and E&O Insurance
http://blog.123notary.com/?p=14532

Posts about E&O Insurance
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Help, I’m being sued, and E&O insurance won’t help!
http://blog.123notary.com/?p=3570

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January 29, 2018

Journal abbreviation keys

Filed under: Journals,Technical & Legal — admin @ 12:50 am

Many people take the easy way out with their journal. Journal keeping is seen as just an arduous task with no higher meaning. Many people feel that they can do a shoddy job doing their journal since it is not required in their state. However, if you are in front of a judge you need a clearly filled out journal whether your state requires it or not.

Many Notaries use the check box journal. I recommend against this. The check box journal says, “E&O” as one of the names of a document. If the real document says, “Errors and Omissions Compliance Agreement” that is a completely different document. E&O is an abbreviation for the first three words, but what about the last two words? Don’t take liberties.

Then there are other Notaries who just write, “10 Grant Deeds.” If you are ever in court, you need to know which Grant Deed is in question and if you really notarized it. Keeping escrow numbers, names of parties involved and addresses helps to narrow it down.

DOT could be a good abbreviation for Deed of Trust. However, if you are in court years later what will the judge say? What if you have bad handwriting and use abbreviations?

My philosophy is to keep an abbreviation key in the inner cover of each journal you use. I had 70 journals in my career so I could have a lot of keys. You can have a key that says:

DOT = Deed of Trust
AFF = Affidavit
E&O Comp Agree = Errors & Omissions Compliance Agreement.
Corr Agree = Correction Agreement.

This way you have a system that is documented just in case.
Or, just write the entire name of the document out. Or you could only abbreviate Deeds of Trust since they are so common and not abbreviate the others just to keep reading the journal more straight forward.

The worst thing you can do is to write, “Loan Docs.” When you put the names of documents in your journal, each document is legally separate, and the fact they are part of a package does not make them legally all have the title, “Loan Documents.” Each document has a name that must be entered in your journal if you notarize it.

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Here’s why you should keep a journal
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Detective seizes a journal and complains about a blurry thumbprint
http://blog.123notary.com/?p=22237

Index of posts about journals
http://blog.123notary.com/?p=20272

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