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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

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Can you notarize a signature in Chinese characters?
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The signature name affidavit — what is its purpose?
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Bikers on boats — Notaries heisting signatures
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What if the signature or notarization is in the middle of the document?
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August 16, 2013

Notary Fines & Notary Penalties (gulp)

Filed under: Legal Issues,Technical & Legal — Tags: , , , , , , , , — admin @ 2:30 am

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

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Penalties for notary misconduct and fraud
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Fraud and forgery in the notary profession
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November 1, 2024

Understanding Notary Misconduct and Penalties

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

Knowing that a notary is bound by strict professional standards is essential when working with them. A notary’s role ensures the legality of important documents, but even minor misconduct can lead to severe penalties. For homeowners and business owners, understanding notary misconduct and penalties for legal non-compliance is key to protecting themselves and their transactions.

What is Notary Misconduct?

Notary misconduct occurs when a notary public violates the laws or ethical standards governing their role. This can happen unintentionally, through negligence, or intentionally, through fraud. Misconduct affects the legitimacy of the notarized documents. It can lead to significant legal and financial problems for the involved parties.

Common Types of Notary Misconduct

1. Failure to Verify Signer’s Identity

One of the most important duties of a notary is to confirm the signer’s identity. Misconduct occurs if a notary skips this step, risking fraud and invalidating the notarization.

2. Conflict of Interest

Notaries must remain impartial. When a notary has a personal or financial interest in a document, their neutrality is compromised, which can lead to disputes or potential penalties.

3. Inadequate Record-Keeping

Most states require notaries to keep a record, or journal, of each notarization. Failure to do so may result in misconduct accusations, as it can be challenging to verify transactions later if questions arise.

4. Failing to Administer an Oath or Affirmation

Certain notarizations require the signer to take an oath or affirmation. Skipping this crucial step is a form of misconduct and can lead to severe consequences for the document’s validity.

Understanding Penalties for Notary Misconduct

Penalties for notary misconduct vary based on the type and severity of the offense and local state laws. Understanding notary misconduct and penalties for legal non-compliance can help homeowners and business owners avoid issues with improperly notarized documents.

Civil Penalties

Civil penalties are commonly issued for misconduct, including fines or restitution payments to parties affected by the notary’s actions. If errors or negligence cause financial losses, a notary could be liable to compensate those impacted. Civil penalties stress accountability, mainly when misconduct results from a lack of proper diligence.

Criminal Penalties

Criminal penalties apply in cases of intentional fraud or deceit. For example, a notary who knowingly notarizes a forged document or falsifies a signature may face criminal charges. This can include jail time, substantial fines, or both. Criminal penalties are typically reserved for serious misconduct and aim to deter fraud in the notarization process.

Disciplinary Action

Disciplinary actions may include suspending or revoking a notary’s commission by the state licensing authority. These actions occur every day when misconduct is repeated or particularly severe. For instance, multiple complaints about a notary’s work can lead to a review and possible suspension to ensure that the integrity of notarizations is preserved.

Professional Liability

Many states require notaries to carry errors and omissions (E&O) insurance. This insurance covers claims arising from notary negligence, ensuring that the notary is financially protected if they’re held liable for losses caused by their actions. E&O insurance helps safeguard notaries and clients from the financial repercussions of mistakes.

How to Avoid Notary Misconduct

Avoiding notary misconduct starts with following best practices and understanding state-specific requirements. Both notaries and clients should take steps to ensure that notarizations are carried out lawfully.

For Notaries

  1. Verify identification Carefully: Always check identification thoroughly to confirm the signer’s identity and avoid fraud.
  2. Avoid Conflicts of Interest: Refuse notarizations where you may have a personal or financial interest.
  3. Keep Comprehensive Records: A well-kept journal can prevent disputes and prove compliance with notary laws.
  4. Stay Updated on State Laws: Notary requirements vary by state and can change over time. Staying informed about these laws helps avoid accidental misconduct.

For Clients

  1. Work with Reputable Notaries: Verify that the notary has a solid reputation and ask any necessary questions.
  2. Request Documentation: Clients may request records or copies of notarization journals for extra assurance.
  3. Watch for Red Flags: If a notary skips identification steps or fails to administer oaths when required, ask for proper procedures.

Safeguard Your Transactions

Understanding notary misconduct and penalties for legal non-compliance helps homeowners and business owners ensure the integrity of their transactions. Knowing common issues and legal consequences, you can better protect your documents and avoid unnecessary risks. To learn more about how notaries serve businesses, check out businesses that need notaries.

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September 20, 2024

Notary Misconduct Penalties: What You Need to Know

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

When handling essential documents, homeowners and business owners often rely on notaries to verify signatures and ensure the legality of documents. However, notaries must adhere to strict standards. Understanding notary misconduct and penalties for legal non-compliance is essential to avoid legal complications. This blog will outline the types of notary misconduct and the associated penalties, helping you stay informed and safeguard your transactions.

Types of Notary Misconduct

1. Fraudulent Actions

Fraudulent behavior includes falsifying signatures, tampering with documents, or notarizing documents known to be false. Such severe offenses can result in significant penalties, including criminal charges and financial restitution.

2. Failure to Verify Identity

A notary’s core responsibility is verifying the identity of signers. Not verifying identity properly can invalidate documents and lead to legal disputes. Penalties for this misconduct include fines and potential suspension or revocation of the notary’s commission.

3. Notarizing Without Presence

Notaries must witness the actual signing of documents. Notarizing without the signer’s presence is a major violation, and it can result in legal action and loss of notary privileges.

4. Improper Record-Keeping

Notaries are required to maintain accurate records of their notarizations. Failure to keep complete or precise records can lead to fines or disciplinary action from regulatory bodies, including suspension or revocation of the notary’s commission.

Penalties for Notary Misconduct

1. Fines and Financial Penalties

Fines are a common consequence of notary misconduct. The amount varies depending on the severity of the misconduct and state regulations. These fines can be substantial and may cover both direct harm caused and administrative costs.

2. Suspension or Revocation of Commission

Notaries found guilty of misconduct may face suspension, a temporary measure, or revocation of their commission, which is permanent. Both actions can significantly impact a notary’s career and reputation, affecting their ability to perform notarizations.

3. Legal Action

Misconduct can also result in legal action, including civil lawsuits or criminal charges. Legal repercussions might include restitution, additional fines, or even imprisonment, depending on the nature of the misconduct.

4. Professional Disciplinary Actions

Professional organizations or licensing boards may impose disciplinary actions such as censure or probation. These actions can restrict the notary’s professional activities and tarnish their reputation within the industry.

Protecting Yourself from Notary Misconduct

1. Verify Notary Credentials

Before engaging a notary, verify their credentials through state or local regulatory agencies. This ensures they are appropriately licensed and in good standing.

2. Request Detailed Records

Ask for a copy of the notary’s journal entry and other detailed records of the notarization process. This will provide transparency and help address potential disputes.

3. Understand Your Rights

Being informed about a notary’s duties and your rights as a signer helps you spot and address misconduct if it occurs. Knowing what to expect can prevent issues before they arise.

4. Report Misconduct

If you suspect a notary has committed misconduct, report it to the appropriate regulatory authority. Early reporting can help mitigate further issues and protect others from similar problems.

Stay Informed and Proactive

Understanding notary misconduct and penalties for legal non-compliance is crucial for homeowners and business owners to protect themselves. You can ensure your documents are handled legally and effectively by staying informed and taking proactive steps. For more details on proper notarization procedures, visit the notarization date. Being proactive helps safeguard your legal and financial interests.

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April 5, 2024

Mastering Notary Fee Negotiations with Title Companies

Filed under: Notary Fees & Pricing — Tags: — Tom Wilkins @ 12:00 am

Negotiating fees might sound like uncharted, murky waters, but for notary businesses and mobile notaries, the compass guides your finances toward prosperous shores. In a market where every penny counts, your ability to secure viable rates can be the difference between a flourishing enterprise and a struggle to stay afloat.

In this guide, we’re not just talking tips and theory — we’re equipping you with a strategic toolkit honed through real-world successes and tailored for the complexities of notary fee negotiations with title companies.

Understanding the Fee Landscape

Notary fees are your business’s heartbeat– the compensation for your time, expertise, and service. However, they are not cast in stone. The industry is defined by a fluid pricing structure influenced by various factors ranging from regional standards to the intricacy of the service requested.

Knowing your worth within this framework is essential. Researching the standard rates in your locality and understanding the nuances of why fees vary will prepare you for the negotiation table. Remember, knowledge is your greatest asset in this endeavor.

The Power of Negotiation

Negotiating your fees isn’t about greed; it’s about recognizing and asserting your value in each transaction. A successful negotiation means more money in your pocket and solidifies your reputation as a professional adept in fair business dealings.

Take the scenario of a mobile notary handling a high-stakes real estate transaction. By negotiating an extra fee for the emergency service, not only does she earn more, but she also demonstrates flexibility and dedication. The client is satisfied with the service, and the notary’s exceptional work becomes the benchmark for future engagements.

Crafting a Negotiation Strategy

Preparing for a negotiation is akin to preparing for battle. You must arm yourself with statistics, understand your leverage points, and anticipate the other party’s objections.

There are various approaches to this, one being a ‘value-focused negotiation.’ Instead of arguing for a fee reduction, you can present your case as an investment for the title company. Educate the company on how your expertise can save time, improve customer satisfaction, or reduce costs. You’re more likely to secure a favorable outcome by framing the negotiation for mutual benefit.

Overcoming Objections Gracefully

No negotiation is without its bumps. Common objections may relate to budget caps or perceived market standards. However, having a playbook of counterarguments ready is a savvy move.

For instance, if the title company raises concerns about high rates, you can steer the conversation back to quality over quantity. Share specific cases in which your robust service provided unparalleled value. It’s about steering the discussion away from a cost-centric conversation to one that highlights your service’s irreproachable quality and reliability.

Real-World Successes

Nothing speaks louder than a success story. We’ll share anecdotes of professionals who employed intelligent strategies to their advantage.

After analyzing their local market, one notary tailored service packages that addressed the common pain points of several title companies. By presenting these tailored packages as beneficial to the long-term relationship, the notary secured a substantial, recurring order at a fee higher than the market average.

Tools and Resources for Negotiation Excellence

Empower yourself with tools and resources offering market insights and best negotiation practices. Understanding the market will allow you to position your services competitively and craft compelling negotiation arguments.

Final Thoughts

Negotiating fees is both an art and a science. It requires meticulous preparation, a clear understanding of your value proposition, and the finesse to handle pushback with grace. This guide has set you on the path to becoming a notary who commands fees that align with the true worth of their services.

In the bustling notary landscape, your assertiveness in negotiating fees can be the beacon that directs clients toward your door. It’s time to shelve the doubts and start the conversation – your financial future is waiting.

Ready to take the first step towards a more lucrative notary business? Explore ways to create more demand for your notary services and the intricacies of notary network clientele expansion.

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February 16, 2024

Notary Security: Tackling Cybersecurity Risks

Filed under: General Articles — Tags: — Tom Wilkins @ 4:56 pm

In an era where digital transactions are becoming the norm, the importance of notary services remains undiminished. However, as notaries increasingly adopt digital platforms to offer their services, they also become vulnerable to cybersecurity risks. This vulnerability threatens the integrity of their practice and the trust of their clients—homeowners and business owners alike. Understanding these cybersecurity risks for notaries and adopting strategies to mitigate them is essential for safeguarding notarial practices and maintaining client trust.

The Digital Transition and Its Risks

The transition to digital notarization processes offers convenience and efficiency but also opens Pandora’s box of cybersecurity risks. These risks include phishing attacks, malware, data breaches, and identity theft. For notaries, the stakes are particularly high as they deal with sensitive personal and business information. A breach can lead to legal liabilities, financial loss, and damage to reputation.

Mitigating Cybersecurity Risks

  1. Regular Training and Awareness: One of the first steps in mitigating cybersecurity risks for notaries is ensuring that they and their staff are aware of the potential threats and how they manifest. Regular training sessions on recognizing phishing emails, secure password practices, and the importance of regularly updating software can go a long way in preventing cyber-attacks.
  2. Secure Digital Platforms: Notaries must ensure that the digital platforms they use for their services are secure and compliant with industry standards. This includes using encrypted communication channels, secure document storage solutions, and robust authentication methods to protect the identity and data of their clients.
  3. Data Protection Policies: Implementing strict data protection policies is crucial. This includes controlling access to sensitive information, regularly backing up data, and having a clear protocol for responding to data breaches. These policies protect against cyber threats and build client trust by demonstrating a commitment to data security.
  4. Cybersecurity Insurance: Given the potential financial impact of a cyber-attack, investing in cybersecurity insurance can provide an additional layer of protection for notaries. This insurance can cover the costs associated with data breaches, including legal fees, notification expenses, and regulatory fines.
  5. Client Education: Educating clients about the importance of cybersecurity and how they can protect their information is also an important strategy. This can include advising clients on secure document transmission methods and alerting them to the potential signs of cyber fraud.

The Importance of Cybersecurity in Maintaining Trust

For homeowners and business owners, the assurance that their sensitive information is protected is paramount. Notaries play a critical role in various transactions, and a breach in cybersecurity can significantly undermine client trust. By adopting comprehensive cybersecurity measures, notaries can protect themselves from the financial and legal repercussions of cyber-attacks and strengthen clients’ trust in their services.

Strengthening Notary Security

The digital age brings numerous advantages but also new vulnerabilities, particularly in the field of notarization. Understanding and tackling cybersecurity risks for notaries is not just about protecting data; it’s about safeguarding the foundation of trust upon which their practice is built. By implementing rigorous cybersecurity measures and staying informed about the latest threats, notaries can protect themselves, their clients, and the integrity of their services. As we continue to navigate these digital waters, remember that the security of your practice is paramount. And just as a note of practicality, akin to how often are Fedex drop boxes checked, your cybersecurity measures should be regularly reviewed and updated to ensure the highest level of protection.

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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

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February 13, 2021

Fighting tyranny my way

Filed under: General Stories — admin @ 3:14 am

In order to fight the Marxismization of the USA, and tyranny, we must understand the power structure and how to apply pressure at the various levels of the chain of command.

TOP: Deep State & State Supreme Court Judges

MIDDLE: Governors

LOWER: Police & Sheriff & County Health Departments

LOWER(ER) Businesses subjected to unfair restrictions

LOWEST: We the people!!! (low, but dignified)

CHECK & BALANCE: Federal courts sometimes can help resolve local issues. I am not an Attorney and don’t know how that works. but, our checks and balances have been infiltrated by Marxists who oppose freedom of religion because it would be “suicide” according to a Federal circuit court in regards to a California case about freedom of assembly within religious buildings.

HOW I SEE IT

The deep state appears to be bribing judges and governors in many if not all states. Nobody quite knows who they are or how to stop them… for now. China might possibly be involved too. My psychic senses tell me the deep state is a bunch of rich board members who mostly live in Idaho who want power (but live off the grid so they have to generate their own power.) Unless you are a very good spy, it will be hard to figure out who the deep state is, but I think Trump is working on it.

The Supreme Court can shut down the power of a Governor to make executive orders, but they very rarely do, and when they do, they take forever. In California it took eight months for them to stop Newsom from making executive orders that contradict existing legislature. However, he still has orders that contradict with laws about discrimination against people with breathing disabilities via his face mask order.

The police in Los Angeles DO NOT enforce Covid related laws. They also do not protect us from discrimination as they see that as an issue for Attorneys.

The health department can shut down restaurants for disobeying orders that are arbitrary, tyrannical and unconstitutional that did not go through a system of checks and balances.

We the people in California sit and watch our rights being stripped from us by autocrats and oligarchies that do not function in an American system of checks and balances made by arbitrary orders that are not even laws and are far from constitutional as they normally violate our liberty and our freedom to assemble.

THE SOLUTION
California’s solution is to recall the governor, and we have gotten almost a million signatures. But, recalling takes time, and there is no guarantee that the next idiot in charge will be any better than the original as they are controlled by the same deep state and are not subjected to a system of checks and balances as the court system is limp and mainly dysfunctional.

I suggest a system of concerned citizens putting pressure on all levels of the system.

We should put daily pressure on the police and sheriffs to protect houses of worship from tyrannical shutdowns and allow businesses to function normally with full rights.

We the people should put pressure on the health department to not enforce covid-19 restrictions. The penalty for non-compliance with citizen demands would be severe harassment, protests and mass civil disobedience.

Restaurants, stores, churches, and other entities should stay open and defy oppressive attempts from authoritative organizations to suppress them. Fines for noncompliance should not be paid out of principle no matter what the consequence — even if it is jail time.

The supreme court judges or justices should be tried on charges of treason for failing in their duty to provide checks and balances and stop unconstitutional orders from being originated.

SUMMARY
The basic problem of the disaster of California is seen as a problem with a single human being — namely Gavin Newsom. He is a big problem, but I believe he is only responsible for less than 1% of California’s problems with unfair executive orders. The remaining percent of the problems are due to the fact that the courts allow him to do anything, law and health enforcement don’t stop him, and we the people sit and do nothing.

Covid-19 restrictions are not something temporary that will just go away. They are part of a larger undermining of American freedom and government that will strip us of our rights, money, freedom, government, culture, and anything that means anything to us. We will be completely destroyed if we don’t fight back. You cannot rely on Donald Trump alone to save you because he hasn’t saved anyone. Biden will sell us down the river. It is up to we the people to save America. Start putting pressure on the various levels of authority now!

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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

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November 9, 2020

Which Notary directories get high paying signings?

Filed under: Advertising,Popular on Facebook (very),Popular on Linked In,Popular on Twitter — Tags: , , , , — admin @ 10:45 pm

Which Notary directories can help you get $150 jobs? Which Notary directory will help you get a high quantity of work. Which Notary directory will get you nicer clients? Here are some answers.

123notary — email us for a quote at info@123notary.com
123notary is a directory that refines its information daily. We attract all types of Notaries, but refine our list to put the absolute cream of the crop at the top of search results by using a complicated algorithm. This is why we are popular with Title companies and attract more high paying work than all other directories combined! Experienced Notaries on 123notary average $110 per signing. Disclaimer: Not all jobs from 123notary are amazing, but the percentage of good ones is higher than other directories, which puts you in a position to filter out the undesirable companies.

We put roughly 300 new notaries online every month and then take off half of the free new listings that have bad stats. We also have to remove older listings where the Notaries have become unresponsive. This constant refinement has made us the most reliable source for accurate information of any Notary directory.

123notary offers top placed listings in your county. All you have to do is email us at info@123notary.com and ask us for a quote for a high position in your area. Notaries with a top spot on 123notary get an exponentially higher quality of work as well as more total offers.

NotaryRotary
They are famous for their forum which is the most popular in the industry. Their directory is easy to use as it shows results in order of proximity to the search zip code. NotaryRotary focuses on closeness rather than on the quality or knowledge legal of the Notary. NotaryRotary gets a little bit of high paying Title Company work, but mostly signing company work.

SnapDocs
SnapDocs is a clearinghouse for the lowest paid and most undignified Notary work out there. Notaries get cattle calls via mass texts to all Notaries in the area for low paying jobs that often only pay $50 or $60 per signing. If you are a beginner and want to get your feet wet then try them. However, Notaries with experience are dropping off this medium like flies!

NotaryCafe
This is a much smaller directory that capitalizes on quality Notaries. Jobs are often higher paying, but there are not a lot of jobs to go around. Quantity is not a specialty of NotaryCafe unfortunately, but we still recommend them to more experienced Notaries.

SigningAgent.com
NNA’s directory has a lot of Notaries. Most of the Notaries are newer while there are a few experienced ones on board. The high point of this directory is that you can see the dates when Notaries became NNA certified and/or background screened which means a lot to signing companies. However, this company has not generated that much work for signing agents for years.

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