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August 14, 2018

Title Companies: 123notary Certification – what you need to know about it.

Filed under: Uncategorized — Tags: — admin @ 10:54 am

What does 123notary Certification mean in 2018 and 2019? A letter to title companies.

123notary teaches, screens, and certifies Notaries on:
Notary Basics
Loan Documents
Unusual Scenarios (that can lead to damages)
Clear Communication
Following Directions

We go to this trouble to make your title company’s screening and hiring procedure for new additions to your roster more streamlined, and lessens the chance of serious legal complications in the long run due to improper notary work.

We know that many of you would like to hire better quality Notaries. Are our current certified members up to your standards for being a “good Notary,” and how much extra do you feel they merit per signing? Would it be too much trouble to call a handful, talk to them for a few minutes and size them up and see for yourself how much better you feel they are compared to an average signing agent?

Our 2002 through 2017 tested mainly on loan documents and a little bit on Notary procedure, but involved mostly online testing which was taken advantage of by Notaries who found ways to game the system. As of 2018, we cleaned up our certification, removing those who cannot demonstrate a certain level of still on oral & email quizzes to ensure reliability to your hiring parties. We reduced the quantity of certified members from about 1600 to about 160 and will continue to screen certified members every year or two for quality control purposes.

Our 14 point certification process generates Notaries who are generally polite, responsive, cooperative, and technically competent. I can go over our process in as much detail as you like, but first I would like to let you know that most notaries will not aggressively pursue education on their own. They will only study hard if those who hire them recommend, require, or offer preferential treatment to those that do.

If you have Notaries who you would like to send over who you use regularly who would benefit from a tune up — or those who are not good enough to put on your list due to a lack of basic knowledge, we are happy to tutor, train, or enroll them in one of our courses. This collaboration of our forces will benefit both of us and does not cost title companies a penny. Our work on 123notary is for the greater benefit of title companies. However, we charge the Notaries for advertising and education and never charge title companies for anything.

If you would like to see our sales literature, just visit our loan signing courses page on 123notary.com. If you like the reliability of our screening we would like it if you can endorse our certification. Additionally, a few dozen of our notaries have our elite certiifcation which is a much more refined version of our certification.

We would like referrals and endorsements from agencies and individuals who work at agencies that hire Notaries in exchange for us helping you to refine the quality of your signing agents.

THE CERTIFICATION PROCESS

a. 123notary certification starts with reading our educational materials. We have loan signing courses that we sell. We also have free Notary basics materials in our blog at Notary Public 101 which we are in the process of adding to our sold materials for the convenience of the buyer. However, that material on the blog is open to the public, so our students can see it at any time.

b. We also offer Q&A by email and even tutoring to those who want it. Sometimes the technical aspects of Notary procedure can be complicated and a one on one session can be the best way to learn.

c. Testing is done online, but also as a follow up by phone. Testing by phone is more reliable as a measuring stick as we can ask open ended questions, multiple choice, fill in the blank, etc. Additionally, we know that we have the correct entity taking the test and can adjust our questions to exactly what we want to ask. We can also more easily monitor how many times and when the person took the phone test than with online tests many people abuse the privilege and treat it more like a video game that they keep playing until they win.

KNOWLEDGE REQUIRED
The knowledge required to pass our test as of 2018 includes:

1. Notary Acts. We require Notaries to know when particular notary acts are used, how to explain these acts, and what the requirements of each basic act are including Acknowledgments, Jurats, Oaths, Affirmations and Proof of Execution. We do not teach other acts as they are uncommon and not necessary. We also require Notaries to know how to administer Oaths as they are required by law when executing a Jurat which is done on Affidavits as a matter of custom.

2. Notary Terminology. We require Notaries to know basic Notary terminology such as Venue, Affiant, Certificate, terms relating to Power of Attorney, etc.

3. Certificates. We go over how to fill in the additional and optional information in certificates which deters the fraudulent as well as accidental swapping of certificates to other documents.

4. Journals. We teach prudent journal entry procedure using the one entry per signer per document principle.

5. Power of Attorney. We teach Notaries to follow instructions to a tee on AIF signings and to call in if instructions are omitted or not clear as to how an Attorney in Fact should sign in their capacity.

6. Identification. We teach Notaries how to make sure the ID proves the name on the document. This may or may not be a legal requirement in their state, but it is a prudency requirement that helps reduce the chance of ending up in court.

7. FAQ’s. We teach the basics of FAQ’s at loan signings such as:
(a) When is my first payment due?
(b) Where can I read about my prepayment penalty (if there is one)?
(c) Why is my APR higher than my rate?
(d) Where does it say where my payoffs and fees are located?

8. We teach the basic loan documents. Our emphasis used to be mainly on documents while our current emphasis is on issues that can cause financial damages to companies involved in transactions which are normally Notary issues or issues pertaining to negligence in business matters.

9. RTC. We teach how to date the Right to Cancel in a Refinance for an owner-occupied property.

10. Errors on Certificates. We teach the various ways to deal with errors on certificates, but this gets into state specific areas and also in to areas pertaining to the preference of the Lender or Title company involved.

11. After-Service. After a Notary signs a loan, they still might be needed for several days to clean up errors or answer questions. Notaries are not normally aware of how long they need to be around, so we tell them what types of situations can arise after the fact and how being unresponsive by phone and email will not make them popular with Title companies.

12. Elder Signings. Issues involving the competency and state of mind of signers is critical with elder signings. Elder signings normally take place in the hospital, but it is possible that for loan signings, especially Reverse Mortgages, that elders could be there. If an elder is on morphine, they are not in a position to sign. And if they cannot paraphrase a document, it might be dangerous to notarize them for legal liability reasons.

13. Foreign language signers and foreign language documents. We address these points a bit. A Notary must have direct communication with the signer in all states but AZ where oral translators are, or were allowed. However, for safety, you should not rely on a translator, because if they make a mistake, you could end up in court and you would be ultimately responsible as the Notary Public involved in the particular transaction.

14. Omitted Information. Sometimes a Notary will go to a signing. The instructions might say, “This page must be notarized.” However, there might not be a notary certificate. In some cases there might not be a signature line. We teach how to handle these situations gracefully.

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DANGERS OF HIRING A SHODDY NOTARY

1. Oaths. If you hire a notary who does not administer Oaths, your loan could be questioned, or perhaps even overturned in court by a Judge once the judge finds out that an “incomplete notarization” has taken place. Omitting an Oath makes a Jurat notarization on a Signature Affidavit, Occupancy Affidavit, Identity Affidavit or other Affidavit incomplete and therefore a Judge could declare the document not notarized, and perhaps declare a loan as invalid as a consequence. This would cause serious legal and financial damages to many parties involved. 90% of Notaries we talk to do NOT know how to administer an Oath correctly and most do not administer Oaths at all… ever, because they think it is not “required” in their state. It is required nationally.

2. Dropping Packages on time. If you hire a Notary who holds on to packages when they don’t know what to do in a particular situation, or because they just are not in the habit of dropping documents quickly, you might not get your important documents back on time. This is dangerous and can cause delays in funding, missing the lock in an interest rate, or your loan getting cancelled. Often times several days later, the documents will be found in the trunk of the Notary’s car. Each incident of forgetting to drop a package can cost you hundreds or thousands.

3. Identification. If you hire a sloppy Notary who does not make sure the name on the ID proves the name on the document, it is possible for your loan to end up in court costing all parties thousands. The lack of thumbprints in a Notary journal also makes it hard to identify someone who used a fake ID.

4. Journals. If you hire a Notary who does not keep a journal, you might not experience trouble for years. The minute your notarizations are called into question by an Attorney, the lack of evidence (namely the notary journal) would come back to haunt you and cause a nightmare. Without evidence, you have no way to prove who notarized what, or if a fraudulent notary impostering a real notary did the work. You have no idea who did what or when or what type of identification was used, or even if the signers consented to being notarized.

Additionally, if your sloppy Notary uses the “cram it in” style of journal entries where one line in their journal accommodates all documents in a loan signing (legal in some states but not prudent) your borrower could claim that they never had all of the documents notarized, but only one, and therefore the loan is void and the transaction must be cancelled, etc. This happens once in a blue moon when a borrower wants to get out of a transaction, and legally it is hard to prove if they consented to be notarized on five documents in a transaction when there is only one signature in the journal for five documents. You could claim that the Notary was in cahoots with the lender and added four additional documents after the fact.

5. Confirming. Improper confirming of signing can lead to a lot of wasted time. If the name on the ID does not prove the name on the document, there is no point in going to the appointment. There are many other critical points to go over when confirming the signing. The majority of Notaries either do not confirm signings, or don’t do so thoroughly enough which can cause a lot of loss of time and perhaps delays in the loan process.

6. Following directions. Many Notaries do not follow directions well. This can cause a huge loss to companies that hire them assuming your directions are critical to the success of the the signing. We screen for following directions when certifying signing agents. None of them are perfect, but we weed out a lot by asking a few following directions questions.

7. Notarizing for non-English Speakers. If you notarize for non-English speakers, this can lead to liability if you cannot communicate effectively with them. Any misunderstanding could come back to you.

8. Dating the RTC. You would be surprised how many Notaries cannot date a Right to Cancel. That can cause financial damages to any company that hires them.

9. Elder Signings can be a source of liability. The elders don’t always understand what they are signing. A competent Notary makes sure the signer understands the document, especially if elderly or in the hospital.

10. Being responsive after the fact. Many Notaries disappear or play hookey after a signing. Notaries are needed to answer questions before, during and after the signing. If they are not, this could cause grief to the hiring party.

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Do you have to be a CSS to get work these days?
http://blog.123notary.com/?p=8914

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

If you were hiring a notary, what would you look for?
http://blog.123notary.com/?p=16750

If Donald Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

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April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?

Filed under: Technical & Legal — Tags: , , , — admin @ 9:25 am


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

Cross out and initial or use a fresh form?
http://blog.123notary.com/?p=19933

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

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January 1, 2018

Following directions is more important than you think

Filed under: Best Practices,Popular on Linked In,Popular on Twitter — admin @ 3:55 am

We quiz people on all types of topics ranging from Notary questions, loan signing questions, to situational questions and following directions. The problem is that only 50% of our seasoned Notaries follow directions and the newer ones only about 25%. These are not good odds if you have something to lose.

People who use 123notary are often title companies or brokers who could lose thousands in commissions or fees if you goof on their loan. Knowing what you are doing (not claiming to know what you are doing but actually knowing) is part of the equation. But, following directions is the other part. Many Notaries just ignore what you say and do what they normally do rather than following directions.

I have two recent stories of brokers who lost large amounts of money because the Notary did not follow directions. One lost $5000 because the Notary did not show the pages in the order he was instructed to. The result was that by the time the signer got to the document that the broker needed signed to get a commission, he no longer wanted to sign. In another case, a broker lost $3500 because the Notary did not follow directions about something else.

Then there are the Notaries who don’t bother to learn how to fill out a certificate form. If you forget to initial a change, the entire loan might be ruined or put on hold. I get so many complaints of Notary mistakes that it isn’t funny. Then there are the Notaries who do not fill out the additional information on a loose acknowledgment, and then the acknowledgment gets attached to a different document. Next thing you know you could end up in court.

So, sloppy work, incorrect work, and not following directions can get you in big trouble fast. Not keeping a good journal could also get you in trouble, but the trouble might not come for years. But, errors on certificates will get you in trouble fast!

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You might also like:

The Chad question about following directions
http://blog.123notary.com/?p=20009

Marcy overlooks the instructions in the 30 point course
http://blog.123notary.com/?p=14379

The green pen question revisited
http://blog.123notary.com/?p=20146

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March 22, 2015

Point (13) Call The Lender? Finding the Prepayment Penalty

Filed under: Loan Signing 101,Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , — admin @ 10:20 pm

Marcy had been studying up. She didn’t want to make a fool of herself anymore. She went to her next signing prepared.

MARCY: Hi, I’m Marcy, and I’ll be your Signing Agent tonight.

GLORIA: Oh wonderful. It is so nice to see a well prepared Notary.

MARCY: We can start here with the Deed of Trust and I’ll explain the documents as we go along unless you want to start with the HUD and work our way back.

GLORIA: Oh, very sophisticated. You sound like one of those really experienced Notaries who has signed 3000+ loans and advertises on 123notary.com.

MARCY: Well, I’ve signed about 20 by now, and I’m only 2980 short of 3000. I am working on the 123notary course, but haven’t finished it yet, but I’m almost there.

GLORIA: Great. The Deed is fine, the Note is fine, now, why is my APR higher than my Rate in my Note?

MARCY: I just studied this… I know the answer. The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

GLORIA: Wow, very professional. You are even better prepared than the notaries who signed 3000 loans. They just told me, “It is the cost of the loan expressed as a percentage rate.” Your answer was so professional.

MARCY: I spent two hours memorizing it and I practice daily so I won’t look like a fool.

GLORIA: Oh, no, you don’t. I’m going to tell your boss that you are the best Notary I’ve ever had, and we refinance every five years. Now, where is my prepayment penalty?

MARCY: Oh, just look on the Truth in Lending.

GLORIA: Okay… It says that I will, won’t or might have a prepayment penalty. I’ve gotten more decisive answers from a magic 8 ball. Can you do any better than this?

MARCY: Oh, hmm. I thought it was there. Do you want to call the Lender?

GLORIA: Sorry to lecture you after I complimented you, but aren’t YOU supposed to know this?

MARCY: We could call the magic 8 ball? Better yet, let’s call the Lender.

(ring-ring)

FRANK: Yeah, Frank here.

MARCY: You are the first Lender in human history to actually answer his phone.

FRANK: Glad to be of help.

MARCY: Your customer wants to know what the terms of her prepayment penalty would be.

FRANK: You mean my BORROWER. Never call them customers. Gloria DiStefano. She doesn’t have one.

MARCY: Where is that documented – In the Prepayment Rider?

FRANK: No, if there is no prepayment penalty, then there definitely won’t be a rider. Check the Note. Anything else?

MARCY: We’re good. That was fast. 45 seconds exactly not that I’m counting.

GLORIA: I’m on it. I thought we went over the Note. I guess I skimmed it too fast. Here it is. It says I don’t have a prepayment penalty. Great. I’ll pay the whole thing off tomorrow. That was easy.

MARCY: Sorry, I’ll study harder. But, I am doing so much better than three weeks ago when I first started. I hadn’t a clue then, but now I get most of the questions correct.

GLORIA: That’s good, but you need to get ALL of the questions correctly and handle all situations like a pro if you want my business!

MARCY: Sadly, you are right. I’ll finish my course and review it regularly. I might even take a few other courses too.

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Point (13) Calling the Lender
Notaries are often confused about when to call the Lender. Some Notaries are over-confident and never want to call the Lender while other Notaries call whenever the borrower sneezes. A high quality Notary knows when to call the Lender and when not to bother the Lender. You have to understand many of the common situations that arise when you have a small problem. If you call the Lender, leave a message, and wait 20 minutes and then call again. Call other entities related to the loan too if you can, such as the Signing Company, Escrow, Title, etc. If the Lender does answer, the borrower might talk to them for 45 minutes while you are running late to an appointment. You will save a lot of time and aggravation if you ONLY call the Lender when you absolutely need to.

The 1003
The 1003 Universal Residential Loan Application is the one document that is universally wrong. There are always mistakes on everybody’s 1003. I’m not sure if there is a law requiring it to always be wrong, but it seems like there is some sort of cosmic law mandating that. Since the 1003, and the Good Faith Estimate are not final documents, don’t worry too much about it. Just make sure that the HUD Settlement Statement is correct, otherwise you’ll have to redraw your loan!

The APR
Many borrowers ask why the APR is higher than the Rate. If you study and rehearse explaining the APR, you can save yourself the time and aggravation of calling the Lender only to find out they are not able to answer their phone. The borrower will feel a lot better, and you will have one less problem at your signing.

The Prepayment Penalty
Borrowers ask about their Prepayment Penalty all the time. Look for it either in the Note, or the Prepayment Rider if there is one (and once in a while there is) The borrower can read the terms themselves instead of being frustrated that they can’t find it.

Letter of Instructions
Consult the letter of instructions before beginning any loan. That way you will know what to do if there is a problem. There might even be phone numbers in the instructions.

Specific Questions
If a borrower asks a question that is specific to their loan, call the lender. If they ask a general question about what information is in what loan document, you should know. Study up!

The RTC
What if the borrower signs in the wrong place on the Right to Cancel? Just go to the borrowers’ copies and get a fresh copy. You just saved yourself a lengthy discussion with the Lender.

Errors on Certificates
If there is an error on a Notary certificate, this is purely for the Notary to resolve. Don’t get the Lender involved in your job as you should know your job.

When is my first payment due?
Look in the TIL, HUD, Payment Coupon, but don’t call the Lender unless you have to.

Power of Attorney Signings
Call the Lender regardless. Even if you know exactly how to sign, call the Lender to confirm. Power of Attorney signings are rejected 70% of the time in my experience even if they are done correctly.

If the names printed on the documents are spelled wrong
If there are any problems with names of signers on the documents, you should call the Lender. If the ID doesn’t match the borrower’s name printed on the document, you have a problem. The Lender might not care about what Notary law says, but does want to get the loan signed. If the signer is not comfortable signing the way their name is typed on the document, the loan will probably not fund otherwise, but you can call the Lender or read our section about the Signature Affidavit.

Missing docs or docs the borrower won’t sign
If you are missing any of the loan documents that normally appear in a package, sign the ones that are there, send them back, and call the Lender immediately upon discovery that you are missing a document. Or, if a borrower won’t sign a particular document, call the Lender. You can send it back unsigned at the top of the stack. Or, if the borrower wants to keep it and send it back after talking to the Lender, that is another common option.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (14) Explain or Don’t Explain
http://blog.123notary.com/?p=14440

Industry standards in the Notary business
http://blog.123notary.com/?p=4370

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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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October 25, 2024

Notary Verbiage and Wording Tips

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

Have you ever wondered if the wording in your notarized documents could lead to costly mistakes? Homeowners and business owners must have clear and precise notary vocabulary to ensure their legal documents are correctly prepared and executed. Whether you’re managing real estate transactions, business agreements, or loan documents, using the correct language helps prevent errors, delays, and legal disputes. This guide will explore critical notary verbiage and wording tips for clear documentation to streamline your process and protect your interests.

The Importance of Clear Notary Verbiage

Clear and correct notary verbiage ensures your documents are legally binding and properly executed. Correct wording can significantly affect real estate transactions, business contracts, or loan agreements. Follow these tips to keep your documents in order and avoid complications.

Tip 1: Keep the Language Simple and Clear

One of the most essential notary verbiage and wording tips for clear documentation is to use simple, understandable language. Avoid unnecessary legal jargon that could confuse the signer and lead to errors. This helps ensure that all parties understand the document and the responsibilities involved.

  1. Avoid terms like “heretofore” or “hereinafter.”
  2. Use simple alternatives like “from this point” or “from now on.”

Tip 2: Be Specific in Names, Dates, and Phrases

Precision is crucial in notarized documents. Vague or unclear wording can cause confusion or disputes. All parties must understand the terms and conditions outlined in the document. Be as specific as possible when referring to individuals or dates.

  1. Use full legal names instead of nicknames or initials
  2. Use specific dates like “on July 15, 2024, at 10:00 AM” rather than “around this date.”
  3. Avoid phrases like “as soon as possible” or “at your earliest convenience.”

Tip 3: Review Notary Certificate Wording

The wording on notary certificates must comply with state regulations, which can vary based on the type of notarization. Double-check that your certificate includes the correct legal language for your state. If uncertain, consult your state’s notary handbook or seek legal advice to ensure compliance.

  1. For acknowledgments, ensure phrases like “personally appeared before me” are included
  2. For jurats, confirm the certificate states that the signer swore or affirmed the document in front of the notary

Tip 4: Include All Necessary Information

It’s important to ensure all essential information is on your notarized document. Failing to include the required details can result in rejection or delay. Ensure that each document requiring notarization has the correct information to avoid confusion or legal issues.

  1. Full names of all signers
  2. Notary commission number
  3. Date of notarization
  4. A complete signature block for each signer with consistent wording, such as “signed and sworn to before me on [date].”

Tip 5: Maintain Professional Language

Always use formal, professional language in your notary verbiage. Casual wording can undermine the seriousness of legal documents. Keep the tone appropriate for the legal setting. This will help maintain the integrity and importance of the document.

  1. Instead of saying “showed up,” use “personally appeared.”
  2. Avoid conversational phrases; use formal terms like “executed before me” or “acknowledged before me.”

Tip 6: Know Your State’s Notary Regulations

Since notary laws differ between states, staying updated on local regulations is essential. Some states require specific wording for particular types of documents, especially in real estate transactions. Homeowners and business owners can benefit from consulting legal experts or a trusted notary to ensure their documents meet legal standards.

  1. Review your state’s notary laws regularly to ensure compliance
  2. Use the latest required verbiage to avoid the document being invalidated

Accurate Verbiage Matters

Precise and clear notary verbiage ensures your documents are correctly executed and legally binding. By following these notary verbiage and wording tips for clear documentation, you can avoid common mistakes and ensure your documents meet all legal requirements. Staying specific, using simple language, and adhering to state regulations will help you confidently create notarized documents.

For additional tips, check out our blog on mobile notary safety tips for beginners to further enhance your notary knowledge.

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October 18, 2024

Common Notary Mistakes That Can Hurt Your Practice

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

As a mobile notary, your success depends on accuracy, attention to detail, and adherence to legal standards. Even small mistakes can have serious consequences, including legal issues or damage to your reputation. Awareness of the common errors notaries make and how to avoid them will help protect your business and ensure you maintain high professionalism. Below are some of the most common mistakes notaries make and how to avoid them in practice.

Failure to Properly Identify Signers

One of the most important tasks for notaries is verifying the identity of the signer. Accepting expired or invalid IDs or relying on personal knowledge can result in fraudulent activity and legal disputes.

How to Avoid:

Always ensure the signer presents a valid, government-issued photo ID. If the ID is expired or inadequate, proceed once proper identification is provided. Even when you know the person, following identification rules to protect your practice is essential.

Poor Record-Keeping

Maintaining a thorough notary journal is essential, even if it’s not required in your state. Failing to document notarizations properly can expose you to legal challenges.

How to Avoid:

Record every notarization in a journal, noting the date, document type, signer’s information, and any additional details. This documentation protects you if a notarized document is ever questioned, ensuring you have an official record to back you up.

Overstepping Notary Authority

Notaries sometimes offer legal advice or explanations that are beyond their legal authority. This can lead to legal repercussions and harm your reputation.

How to Avoid:

Stay within your role of confirming the identity of signers and witnessing signatures. If a client has questions about the legal content of a document, refer them to an attorney. Never interpret documents or provide legal guidance.

Incorrect Notarial Certificates

Using the wrong notarial certificate or failing to complete it correctly can invalidate the notarization. This is one of the most common mistakes notaries make, and learning to avoid it in practice is essential for ensuring your notarizations are legally binding.

How to Avoid:

Before notarizing, ensure you’re using the correct certificate (acknowledgment, jurat, etc.) and fill out all the necessary fields, including the date, signer’s name, and notary seal. Taking time to double-check your work will prevent unnecessary mistakes.

Failure to Keep Up with State Laws

Notary laws vary by state, and they frequently change. Not staying current with these regulations can lead to compliance issues, potentially resulting in legal trouble or loss of commission.

How to Avoid:

Attend training sessions or subscribe to notary newsletters to stay informed about your state’s laws. Regularly update your knowledge to ensure compliance with current regulations.

Lack of Insurance and Bonds

Having the right insurance or bonds can protect you from financial risks. Even a minor error can lead to claims that could harm your business.

How to Avoid:

Invest in errors and omissions (E&O) insurance, even if it’s not mandatory in your state. This coverage protects you from financial claims in the event of a mistake. Additionally, ensure that you meet any bond requirements in your state.

Notarizing Incomplete Documents

Notarizing documents with blank spaces or incomplete information can lead to legal complications and potential fraud. This is a common mistake that can have serious consequences.

How to Avoid:

Only notarize a document that contains blank spaces or is complete. Review the document thoroughly before notarizing, and ask the signer to fill out any missing information. If you’re unsure, pause the notarization and seek clarification.

Safeguarding Your Practice

Avoiding these common mistakes notaries make and how to avoid them in practice is essential for protecting your business and maintaining a good reputation. Correctly identifying signers, keeping accurate records, staying updated on laws, and following best practices can ensure your mobile notary business runs smoothly without unnecessary risk. For more helpful suggestions, check out these marketing tips for mobile notary services.

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May 1, 2018

Letter to California Notary Division

Filed under: California_Notary,Popular on Facebook (very) — Tags: — admin @ 10:46 am

Dear California Notary Division,
I am someone who runs a Notary directory and is acutely aware of the deficiencies in Notary knowledge throughout the state and the nation. California Notaries are better than those in other states on average due to the excellent training, but the training does not cover practical aspects of the Notary profession. Additionally, there are issues with fees that need to be addressed.

PRETRAINING
As there are so many ethical violations out there among California Notaries, and misunderstanding of Notary law, it is clear that a longer and more comprehensive notary training is necessary. However, I also think that due to the incompetence out there, a few other pre-measures should be taken.

1. A IQ test should be administer to applicants. It can be a ten minute quiz. Notaries with low intelligence often bungle and misinterpret Notary laws which can lead to illegal activity and wrongful explanations to clients of what can and cannot be legally done.

2. A meticulousness test should be administered to Notaries to see if they can be orderly about conducting tasks which require multiple steps. Being a good Notary means filling out journals and forms correctly in their entirety, and a meticulous person is less likely to make errors. The majority of your Notaries are far from meticulous.

3. Following directions and ethics are some other problems that are common with California Notaries. How you test this is hard. You have to find a way to trick them into doing something right or wrong while they are being watched.

4. Preference to those with clerical, police, military, legal, mortgage, or settlement backgrounds might help attract better quality Notaries as those are professions that are normally high in terms of integrity, and clerical skills which are both critical in the Notary profession.

TRAINING
A single day course on Notary Public knowledge is not enough. California stresses theoretical knowledge and does not test on hands on aspects of being a Notary. When a Notary is out there in the field, they need to know how to handle various types if situations. Here are my detailed comments.

1. Oaths & Affirmations
Administer Oaths correctly and roughly half of Notaries in California do not administer Oaths at all, or not in a relevant and acceptable way. Here are some examples of irrelevant or wishy-washy Oaths.

(a) Many Notaries have the signer to swear to their personal identity rather than to the truthfulness of the document.
(b) Many Notaries make the signer swear they signed the document but not to the truthfulness of the document.
(c) It is common for Notaries use Affirm in an Oath when they should ideally use the verb swear.
(d) Many Notaries do not understand the term “administer” in the sentence “Administer an Oath to an Affiant.”
(e) Many Notaries use a court Oath for a witness asking if they swear to the truth, whole truth and nothing but the truth when the document does not necessarily reflect a whole truth.
(f) It is common for Notaries not to mention the document being sworn to when administering an Oath, hence administering an Oath that is regarding thin air.
(g) Most Notaries do not know the difference between a court Oath for a witness, a document Oath and an Oath for a statement that has not been made yet.
(h) Notaries need to be taught asking “Oath questions,” such as, “Do you solemnly swear this document is true and correct?” or “Do you solemnly swear that the statement you are about to make is true and correct?” Many Notaries will ask the Oath question about the statement, get a yes, and then not have the Affiant make the actual statement. This is why an IQ test should be mandatory and a result of 95 or higher should be required. Most of the problems I have with Notaries arises from low IQ’s and bad attitudes.

The handbook makes it clear that an Affiant must swear to the truthfulness of a document. However, there is no prescribed wording or guidelines. My solution is to have prescribed components of Oaths, but no official verbiage just to keep life flexible. At a minimum, in an Oath, the Affiant must use the word “I”, and then the word “swear”, mention the foregoing document, and make reference to the fact that they feel the document is authentic or correct. Using “affirm” was asked to administer an Oath means that the Notary has overided the client’s request to have an Oath which means that the Notary chose the notary act instead of letting the entity who is paying or swearing.

2. Fill out their journal correctly
Many Notaries are unclear as to how many journal entries should be filled out if there are multiple signers signing multiple documents. The 2018 handbook does not make it clear HOW MANY journal entries are necessary if there are multiple documents per signer all using the same Notary act. This should be clarified as it is an area of common misunderstanding. One journal entry per person per document is how I was trained. Additionally, the use of arrows for repetitive information in appointments with multiple documents per signer are discouraged now from what I have heard, but the handbook does not mention this. There needs to be a SINGLE SOURCE of notary law information and that source should be the handbook and not some bulletin or blog article or other supplemental sources (although those can help teach the materials in the handbook.)

3. Understand the components of notary forms including the “Additional information” section of an Acknowledgment which might not be legally required, but deters fraud by making it very detectable if someone swaps an Acknowledgment and puts it on a different document than what was intended.

4. Many Notaries do not understand how to handle requests that are illegal or seem illegal. Many Notaries will accept illegal requests while declining acceptable requests. This is due to poor training. So, training needs to focus on handling questionable requests. Many Notaries feel it is illegal to EXPLAIN the various notary acts to clients while it is not. It is illegal to choose for them, but not to explain them as far as I know.

5. Foreign language signers are an area of misunderstanding as many Notaries are not aware that they are NOT required to understand the content of the document but ARE required to have direct communication with the signer/affiant.

6. Many Notaries are unaware that the ID does not have to exactly match the name on the document but must PROVE the name on the document. Many Notaries take liberties and will Notarize a signature that says John W Smith with an ID that says John Smith, etc. It is common for Notaries to refer to the “more than but not less than rule” which is a rule created for Title companies and not a law which states that the signer can over sign their name to include more middle initials or names, etc. However, the Notaries who remember this law often do not care if it is legal to notarize a name that is over signed. It is not clear whether you can notarized John W Smith as John Smith if the ID says only John Smith. This is another common occurrence that needs to be clarified.

7. Credible Witness law is a little bit complicated and perhaps should be simplified. Most Notaries are unaware that the handbook states that the credible witness is the entity who has to swear to the fact that he/she believes that the signer cannot easily obtain an ID. Since the Notary has OFTEN seen an ID with the wrong name on it, how can the Notary ACCEPT an Oath from a credible witness that the Notary knows to be based on false information or made fraudulently regarding how the signer cannot find an ID? This law about CW is convoluted and a source of a lot of trouble. Close to NONE of your Notaries would be able to recite these laws by memory. Therefor, I suggest simplifying it because most notaries cannot learn it properly and the CW rules are convoluted and make no sense. Here is my idea of a better set of rules.

(a) A Notary can use the Oaths of two credible witnesses to identify a signer.
(b) The credible witnesses must either be immediate family members or know the signer intimately enough so they know his/her middle names without being reminded. (The law for how well you have to know the signer to be a CW is convoluted, wishy-washy, and useless currently.)
(c) The Oath for the credible witness should be, “I solemnly swear that the signer in front of me is legally named _____.”
(d) A CW can be used regardless of whether the signer has ID or not as names on ID do not always reflect the whole, complete or current name of a signer.
(e) A journal thumbprint must accompany all Notary acts done involving credible witnesses.
(f) The CW must not have any beneficial or financial interest in the document being signed.

8. Acknowledgment confusion.
(a) Box at top of page
Many Notaries get confused by the information in the box at the top of an Acknowledgment. Many Notaries feel that the signer does not have to verify the validity of the document where it says clearly that the Notary does not have to. It is better to clarify this point as many Notaries are lacking the gift of logical thinking which can cause a lot of confusion.
(b) Perjury clause in Acknowledgments
Many Notaries feel that the signer is signing under the penalty of perjury in an Acknowledgment where it is clear that it is the Notary who is filling out the form correctly under the penalty of perjury. This point is widely misunderstood and needs to be elaborated since there are so many who cannot think logically about this point.
(c) Notaries are often unclear about whether the signer has to sign in their presence. Since the signer must personally appear, Notaries misinterpret this to mean that the signer must sign while they personally appear which is not true in California. The signer can sign ten years ago, but cannot be notarized until they appear.
(d) Notaries are often unclear about who is acknowledging what in an acknowledgment. Many thing that the Notary is acknowledging that a signature is correct. This is not true. The signer needs to acknowledge that they signed a document in the presence of the Notary. This point needs to be clarified for your notaries because there is too much confusion and misinterpretation going on out there.
(e) The additional optional information on NNA forms should be REQUIRED by law on loose certificates as it deters the fraudulent switching of acknowledgments to other documents by virtue that it identifies the name of the document, number of pages, document date, signers, and more…

9. Chain of Authority.
Many Notaries work with Title companies regularly and think of the Title companies as their boss. Wrong! The state is not exactly their boss, but is the entity they have to refer to if there is a legal question. It is common for Notaries to ask Lenders and Title what they can and cannot do as a Notary. This is wrong. They will get either a wrong answer or an answer that benefits the Lender or Title both of whom have beneficial and financial interest in the documents being Notaries. This point needs to be drummed into the Notaries heads. The State of California should ideally have a Notary hotline because there are so many times when Notaries have questions about what they can and cannot do, and often late at night when help is not available. The point of a Notary is to ensure the integrity of transactions done involving signed documents. If the Notary cannot find out what the law says, then the notarization will not have any integrity. This is a very serious issue.

10. Hands On Training
Notaries take a written exam, but this is not really as important as practical matters. What is important is to have someone do hands on training and testing to see if the Notary can fill out forms, journals, administer Oaths, take thumbprints, use credible witnesses, and decipher between legal and illegal requests. A written test cannot do this.

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SUMMARY

1. Notary training should be two, three or four days long for new Notaries with a refresher every year to keep everyone serious.

2. Notaries should be trained by hand to see if they can handle requests, explain terminology and fill out forms, etc.

3. Notaries need to be audited regularly. Not only journal auditing which you are already doing (super!!!) Auditing people by pretending to be customers and asking them to do Oaths, or asking them if such and such a notarization would be legal under particular circumstances will let you know which of your Notaries are acceptable and which are criminals. It takes work, but you are a prudent organization that values integrity and I believe you will do the work.

Thanks
Sincerely,
Jeremy Belmont
123notary manager

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You might also like:

Letter to Florida Notary Division
http://blog.123notary.com/?p=19896

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

Letter to Trump about the sad condition of American Notaries
http://blog.123notary.com/?p=19403

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April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

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You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Facebook (very),Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

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1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

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2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more…

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3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

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4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

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5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

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6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

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7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

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8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

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9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

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10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

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11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more…

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12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more…

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13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more …

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14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

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15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

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16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

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17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

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18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

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19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

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20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

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http://blog.123notary.com/?p=21104

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

The Grace Period after your signing
http://blog.123notary.com/?p=19465

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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