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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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March 14, 2025

Mastering Apostille Services for Notaries

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 4:02 pm

Understanding apostille services is crucial for homeowners and business owners handling international documents. But what are apostille services for notaries, and why are they important? Simply put, an apostille certifies the authenticity of a notarized document, allowing it to be legally recognized in another country. This service is essential for real estate transactions, business agreements, and legal paperwork that must be valid internationally.

Notaries play a key role in this process, ensuring documents are properly notarized before they are submitted for apostille certification. This guide will help you master the apostille process to ensure smooth client transactions.

What Is an Apostille?

An apostille is a government-issued certification verifying the authenticity of a public document. It is required when a notarized document needs to be used in a foreign country that is part of the Hague Apostille Convention.

Standard documents requiring apostille services include:

  • Real estate deeds for international property transactions

  • Business contracts with overseas partners

  • Birth, marriage, and death certificates for legal use abroad

  • Educational transcripts for studying in another country

  • Legal documents such as powers of attorney and affidavits

The Apostille Process: Step-by-Step

If you’re wondering what are apostille services for notaries and how the process works, here’s a breakdown:

1. Notarize the Document

The first step is ensuring the document is properly notarized by a certified notary public. If the notarization is incorrect, the apostille will be rejected.

2. Submit to the Secretary of State

Once notarized, the document must be sent to the Secretary of State’s office in the state where it was notarized. Each state has its own process, so verifying the requirements is essential.

3. Receive the Apostille Certification

After processing, the Secretary of State will issue the apostille, confirming the document’s authenticity for international use. In some cases, the document may require further certification from the U.S. Department of State for federal apostille approval.

How Notaries Can Enhance Their Apostille Services

Mastering apostille services can set you apart as a notary and provide added value to your clients. Here’s how to improve your expertise:

Stay Informed of Regulations

Each state has different apostille requirements. Stay updated on any changes in state and federal laws to ensure compliance.

Partner with an Apostille Agent

The apostille process can be complex, and many notaries work with apostille service providers to streamline document submission. Partnering with a professional can make the process smoother for your clients.

Educate Clients on Apostille Requirements

Many people are unfamiliar with apostilles. Providing a checklist or explaining the process can help clients understand their responsibilities and avoid delays.

Offer Expedited Services

Some documents, like business agreements, require urgent processing. If possible, offer expedited apostille services to meet clients’ time-sensitive needs.

Common Mistakes to Avoid

Even experienced notaries can make errors when handling apostille services. Here are some common mistakes to watch out for:

  • Incorrect notarization – Ensure documents are properly notarized before submission.

  • Submitting to the wrong agency – Some documents require state certification, while others need federal-level approval.

  • Ignoring country-specific requirements – Some countries require additional authentication beyond an apostille.

  • Failing to verify notarization dates – Incorrect dates can lead to document rejection.

Simplifying Apostille Services for Success

Mastering apostille services can help notaries expand their offerings and assist homeowners and business owners with international document authentication. Understanding what are apostille services for notaries ensures you can guide clients effectively, prevent errors, and streamline the certification process. By staying informed, partnering with experts, and avoiding common mistakes, notaries can ensure a smooth apostille process for their clients.

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February 21, 2025

The Legal Implications of Improper Notarization

Filed under: Notary Mistakes — Tags: — Tom Wilkins @ 4:45 pm

Notarization is a vital process that adds legal credibility to essential documents. However, it can create serious legal and financial problems when done incorrectly. Homeowners and business owners relying on notarized documents should be aware of the legal risks of improper notarization—from document rejection to potential lawsuits. Whether due to negligence or fraud, notarial errors can have lasting consequences.

What Constitutes Improper Notarization?

Improper notarization happens when a notary public fails to follow state regulations, leading to invalid or legally questionable documents. Some common mistakes include:

  • Not verifying the signer’s identity

  • Not requiring the signer’s physical presence

  • Failing to complete the notarial certificate correctly

  • Using an expired or incorrect notary seal

  • Overlooking essential legal requirements like oaths or affirmations

These errors can significantly impact real estate transactions, business contracts, and financial agreements.

Legal Consequences of Improper Notarization

1. Document Rejection and Legal Disputes

One of the most immediate risks is document rejection. Government agencies, banks, and courts may refuse improperly notarized documents, leading to delays and legal disputes.

For example, a real estate deed that lacks proper notarization may prevent the transfer of property ownership. Likewise, incorrectly notarized business contracts can result in legal challenges, forcing parties to renegotiate or restart processes.

2. Financial Losses and Civil Lawsuits

Improper notarization can cause significant financial losses. Suppose an invalid notarized document leads to financial harm. In that case, the affected party may file a lawsuit against the notary, employer, or the party relying on the document. This can result in:

  • Contract disputes – A faulty notarization can render a contract unenforceable, causing financial damage.

  • Loan processing issues – Mortgage and loan agreements may be delayed or voided due to notarial errors.

  • Business liability – Companies using improperly notarized agreements may face lawsuits and financial penalties.

Homeowners and business owners must ensure their documents are properly notarized to avoid unnecessary legal expenses.

3. Notary License Suspension or Revocation

States regulate notarial acts to prevent fraud and misconduct. If a notary is found guilty of improper notarization, they may face disciplinary action, including:

  • Fines and penalties for negligence or misconduct

  • Suspension or revocation of their notary commission

  • Legal liability for damages caused by improper notarization

Business owners employing in-house notaries should invest in certified notary training to ensure compliance with notary laws and avoid costly mistakes.

4. Criminal Charges and Legal Penalties

Notarial fraud—such as forging signatures, notarizing without the signer’s presence, or falsifying certificates—can lead to criminal charges. Depending on the severity of the offense, penalties may include:

  • Heavy fines

  • Misdemeanor or felony charges

  • Potential jail time

If an improperly notarized document facilitates fraud, the notary and any involved parties could face serious legal consequences.

How to Avoid the Legal Risks of Improper Notarization

To prevent these issues, homeowners and business owners should:

  • Verify the notary’s credentials – Ensure the notary is appropriately licensed and current on legal requirements.

  • Understand the process – Be aware of what a notary can and cannot do.

  • Work with professionals – For high-value transactions, consider hiring an experienced notary to minimize errors.

  • Ensure proper training – Business owners with in-house notaries should provide certified notary training to avoid legal risks.

Protect Your Legal Interests

Improper notarization can lead to document rejection, financial losses, and legal consequences. Whether you are a homeowner signing a property agreement or a business owner handling contracts, ensuring proper notarization is critical. Investing in certified notary training can help prevent errors and protect your transactions. Understanding the legal risks of improper notarization ensures that your essential documents hold up in court and safeguard your business and personal interests.

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February 7, 2025

Special Considerations for Real Estate Notarizations

Filed under: Comprehensive Guides — Tags: — Tom Wilkins @ 12:00 am

Real estate transactions involve legally binding agreements and high-value assets, making proper notarization essential. Homeowners and business owners must know specific requirements to prevent delays, disputes, or invalid transactions. However, real estate notarization challenges can arise due to identity verification issues, document complexity, and state-specific regulations. Understanding these special considerations will help ensure a smooth and legally compliant process.

1. Verifying Signer Identity Accurately

One of the most critical aspects of real estate notarization is confirming the identity of all signers.

Acceptable Identification Forms

Notaries must verify signers using government-issued photo IDs, such as:

  • Driver’s licenses

  • Passports

  • Military IDs

  • State-issued identification cards

In cases where a signer lacks proper identification, credible witnesses may be required to confirm their identity.

Common Challenges

  • Expired or Damaged IDs: Most states do not allow expired IDs.

  • Name Discrepancies: The name on the document must match the ID exactly to avoid issues.

  • Out-of-State Signers: If a signer is from a different state, the notary must ensure their ID meets state requirements.

2. Ensuring Document Completeness

A notary’s role is not to provide legal advice but to confirm that all documents are correctly executed.

Real Estate Documents That Require Notarization

  • Deeds (Grant, Quitclaim, Warranty Deeds) – Transfer ownership between parties.

  • Mortgage Agreements and Loan Documents – Secure financing for property purchases.

  • Power of Attorney Forms – Authorize someone to act on behalf of the property owner.

Avoiding Common Errors

  • Ensure there are no blank spaces that could be fraudulently filled in later.

  • Verify that all necessary pages are present before notarizing.

  • Confirm that signers know what they are signing to avoid potential fraud claims.

3. Witness Requirements in Real Estate Notarization

Some states require additional witnesses for real estate transactions.

State-Specific Witness Rules

  • Many states require two witnesses for mortgage-related documents.

  • Witnesses must be disinterested parties, meaning they cannot be involved in the transaction.

Failing to provide the necessary witnesses can result in the document’s rejection, delaying the transaction.

4. Handling Remote and Mobile Notarizations

With real estate transactions becoming more digital, remote and mobile notarizations are increasingly common.

Remote Online Notarization (RON)

  • Allows signers to appear before a notary via a secure online platform.

  • Requires state approval and compliance with electronic notarization laws.

  • Not all states permit RON for real estate transactions, so legal verification is essential.

Mobile Notary Services

  • A mobile notary travels to the client’s location, making signings at homes, offices, or hospitals convenient.

  • Scheduling in advance ensures availability, especially for time-sensitive closings.

5. Addressing Signer Capacity and Voluntariness

Signers must be mentally competent and willing participants in the transaction.

Recognizing Signs of Duress

Notaries should be alert for indications that a signer is being pressured, including:

  • Hesitation or nervousness when signing.

  • A third party is attempting to control the process.

  • Signers appear confused or unaware of the document’s content.

If coercion is suspected, the notary must refuse to proceed.

Ensuring Mental Competence

  • Elderly or disabled signers should be able to express an understanding of the transaction.

  • If there are concerns about cognitive ability, consultation with legal or medical professionals may be necessary.

6. Overcoming Real Estate Notarization Challenges in Multi-State Transactions

Real estate deals that involve different states present unique challenges.

Notary Commission Limitations

  • A notary’s commission is valid only within their state.

  • Some states allow reciprocity agreements, permitting out-of-state notarization under specific conditions.

State-Specific Notarial Wording

  • Certain states require unique acknowledgment or jurat wording that differs from standard notarial certificates.

  • Using incorrect verbiage may result in the document’s rejection, causing delays.

Navigating Real Estate Notarization Successfully

Understanding these special considerations helps homeowners and business owners overcome real estate notarization challenges and ensure smooth transactions. Proper identification, document verification, compliance with state laws, and awareness of potential fraud risks are essential for successful real estate notarization.

For those interested in the notary profession, check out how to become a certified notary to learn about qualifications and state-specific requirements.

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December 27, 2024

5 Common Questions About Notarizing Multi-Page Documents

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

Notarizing multi-page documents can feel overwhelming for both homeowners and business owners. Whether you’re dealing with a lengthy contract, real estate agreement, or business transaction paperwork, understanding the intricacies of notarization is essential to avoid costly errors. This guide answers five common questions about notarizing multi-page documents correctly, ensuring the process is smooth, efficient, and compliant with state laws.

1. How Should You Handle Page Numbering in Multi-Page Documents?

Proper page numbering is crucial when notarizing multi-page documents. Each page should be numbered sequentially (e.g., “Page 1 of 10”), ensuring the document cannot be altered after signing. If your document lacks page numbers, consider adding them before notarization. This prevents confusion and ensures integrity.

The notary must verify that all pages are accounted for during the signing. Missing pages or discrepancies in page numbers can lead to improper notarization, which could invalidate the document.

2. Do All Pages Require a Notary Seal or Stamp?

Not every page of a multi-page document must be stamped by the notary. Generally, the notary’s seal or stamp is placed on the signature page where the notarial certificate appears. However, all pages must be present during the notarization process.

Including a detailed document description in the notarial certificate is best to ensure accuracy. This practice reinforces the integrity of the notarized multi-page document and confirms its completeness at the time of signing.

3. What Should You Do If a Signature Is Missing on One Page?

A missing signature can complicate the notarization process. Before proceeding, ensure all required signatories are present and their signatures are complete. If a signer cannot be present, discuss alternative options, such as using a credible witness or scheduling a separate notarization.

If a document requires multiple signatures across various pages, double-check for any oversights. Knowing how to notarize multi-page documents correctly involves confirming that all necessary signatures are in place before applying the notary seal.

4. How Do Attachments or Exhibits Get Handled in Multi-Page Notarizations?

Multi-page documents often include attachments or exhibits. To avoid accidental separation, these must be securely attached to the main document. Common practices include stapling, binding, or labeling each attachment as “Exhibit A,” “Exhibit B,” etc.

The notary should confirm that all referenced exhibits are included and cross-referenced in the main document. Missing or improperly labeled attachments can lead to disputes, potentially impacting the document’s validity.

5. What Are the Rules for Correctly Using a Notarial Certificate?

A notarial certificate is the section where the notary confirms the details of the notarization, including the type of act (acknowledgment or jurat), the signers, and the date. Attaching the notarial certificate to the document’s signature page is essential.

The certificate should specify the total number of pages notarized for multi-page documents. If necessary, a loose certificate may be added, but it must be securely attached and reference the main document. Following these steps ensures you know how to notarize multi-page documents correctly and avoid legal complications.

Avoid Mistakes with Proper Guidance

Knowing how to notarize multi-page documents correctly is crucial for homeowners and business owners handling critical transactions. You can ensure a smooth and legally sound notarization process by understanding page numbering, ensuring all signatures are complete, securely attaching exhibits, and correctly completing notarial certificates.

For more insights, check out this guide on improper notarization and how to avoid it. Proper preparation and attention to detail will make all the difference in safeguarding your documents.

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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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