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February 2, 2024

Common Notary Mistakes and How to Avoid Them

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

In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.

1. Failing to Identify Signatories Properly

One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.

2. Neglecting to Record Entries in the Notary Journal

A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.

3. Improper Use of Notary Seals

The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.

4. Overstepping Notarial Boundaries

Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.

5. Incomplete or Incorrect Notarization

Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.

6. Not Understanding State-Specific Laws

Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.

7. Ignoring the Signer’s Willingness and Awareness

A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.

How to Avoid These Mistakes

Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.

Ensuring Legal Integrity in Every Transaction

Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.

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January 19, 2024

Boost Your Notary Business With Social Media

Filed under: (6) Marketing,Social Media — Tags: — Tom Wilkins @ 12:00 am

In the digital age, notaries play a pivotal role in the seamless execution of documents for both homeowners and business owners. As a notary, staying ahead in this competitive field requires expertise in your craft and a strong online presence. This is where an effective social media calendar for notaries becomes essential.

Understanding the Power of Social Media for Notaries

Social media has transformed how businesses, including notary services, connect with their audience. It offers a platform to showcase your services, engage with clients, and build a trustworthy brand. As a homeowner or business owner, understanding the importance of a notary’s online presence can help you choose a service that is responsive, reliable, and in tune with modern digital practices.

Essential Tips for Notaries to Enhance Online Presence

  1. Consistent Branding: Your social media profiles should reflect your professionalism. Use consistent branding across all platforms to create a memorable and trustworthy image.
  2. Engaging Content: Share content that resonates with your audience. This can include informative articles, updates on notary laws, and answers to common questions.
  3. Interactive Platforms: Utilize platforms like Instagram and Facebook to engage with your audience through Q&A sessions, live videos, and timely updates.
  4. Customer Testimonials: Showcase your reliability and quality of service through customer testimonials and reviews.
  5. Educational Posts: Educate your audience about the importance of notarization and how it protects them from fraud.

The Role of a Social Media Calendar

A social media calendar for notaries is a strategic tool to plan and organize your online content. It ensures a consistent and timely presence, which is essential for building trust and recognition in your field. By scheduling posts in advance, you can maintain a regular online presence without it overwhelming your daily workload. This calendar should include:

  1. Regular Updates: Plan your posts to be regular but not overwhelming. Two to three posts a week can keep your audience engaged without flooding their feeds.
  2. Diverse Content: Mix educational posts, industry news, personal anecdotes, and client testimonials to keep your content dynamic and interesting.
  3. Strategic Timing: Post when your audience is most active. For notaries, business hours or early evenings might be the best times.
  4. Engagement Slots: Reserve time for interacting with comments and messages to build a community around your brand.

Boosting Your Notary Business With Social Media

An effective social media strategy is crucial for notaries to stay relevant and accessible. For more detailed strategies, consider exploring these social media tips for notaries. This resource offers comprehensive insights into leveraging social media for your notary business.

Streamline Your Notary Business Today

A well-crafted social media calendar for notaries can significantly boost your online presence and, in turn, your business. It allows you to connect with your audience, showcase your expertise, and stay ahead in the competitive notary market. Remember, the key to success in the digital era lies in the quality of your services and how effectively you communicate them to your potential clients. With these strategies in place, you can elevate your notary business to new heights, ensuring you are the go-to professional for homeowners and business owners.

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September 15, 2023

Unlocking Success: Why Continuous Learning Matters for Notaries

Filed under: Topics of Interest — Tags: — Tom Wilkins @ 12:00 am

Professionals in various fields must stay ahead of the curve in a constantly evolving world that adapts to new technologies and methodologies. The same holds true for notaries, who play a crucial role in legal and financial transactions. Continuous learning, especially in continuing education for mobile notary services, is vital to unlocking success in this profession.

The Importance of Continuous Learning for Notaries

Notaries serve as impartial witnesses to the signing of important documents, verifying the identity of signatories, and ensuring the legality of transactions. As the nature of business and legal processes evolves, so does the role of notaries. Keeping up with the latest regulations, industry standards, and best practices is vital to providing high-quality services in this field.

Adapting to Changing Regulations

One of the most compelling reasons continuous learning is essential for notaries is the ever-changing landscape of legal and financial regulations. Laws governing notarial acts vary by jurisdiction and can change frequently. Staying informed about these changes is crucial to ensure that notaries are compliant and can provide accurate and legally binding services.

Continuing education for mobile notary services offers a structured way for notaries to stay updated on legal requirements specific to their region. Notaries can gain valuable insights into new legislation by participating in such programs and ensuring their practices align with the law.

Enhancing Professional Skills

Beyond keeping up with legal changes, continuous learning also enhances notaries’ professional skills. Notarization involves more than stamping a document; it requires excellent communication, organization, and attention to detail.

Continuing education programs often cover customer service, record-keeping, and fraud prevention. These skills are essential for notaries to excel in their roles and provide clients with a seamless experience. Investing in their professional development can make notaries more effective and efficient in their daily tasks.

Staying Competitive

In any profession, staying competitive is a fundamental goal. For notaries, this means being aware of legal changes and understanding the broader landscape of the notary business. This includes familiarizing with the latest tools and technologies to streamline their work and improve customer satisfaction.

By participating in continuing education for mobile notary services, notaries can gain insights into industry trends and emerging technologies. They can learn about the pros and cons of adopting new tools, helping them make informed decisions that give them a competitive edge in the market.

Building Trust with Clients

Trust is paramount in the notary business. Clients rely on notaries to verify their documents’ authenticity and ensure their transactions’ legality. Continuous learning helps notaries build and maintain that trust.

Clients who see that a notary is committed to ongoing education and professional development are likelier to have confidence in their services. This trust can lead to repeat business and referrals, helping notaries grow their client base and reputation.

Continuous Learning Unlocks Notary Success

Continuing education for mobile notary services is not a luxury but a necessity. Staying current with legal regulations, enhancing professional skills, staying competitive, and building trust with clients are all critical aspects of success in this field.

To succeed as a notary, it’s essential to recognize that the learning journey never truly ends. By embracing continuous learning, notaries can unlock the door to sustained career success, serving their clients with the highest expertise and professionalism.

For more information on the notary business, including the pros and cons of this profession, check out this article on notary business pros and cons.

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August 18, 2023

Savvy Ways to Track Business Expenses

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

Are you a business owner looking for savvy ways to keep track of your expenses? Businesses of all types, including mobile notaries, must know the day-to-day costs of running operations. Keeping up with expenses is essential to stay afloat and growing. In this blog post, we’ll highlight some easy ways to keep track of business expenses so that you can gain better control over your finances.

Why Keep Track of Business Expenses?

At the heart of any thriving business lies a solid financial foundation. Keeping an organized record of your business expenses is like having a map that guides you through the financial landscape. It helps you understand where your money is going, identify areas of overspending, and make informed decisions about resource allocation.

your business’s inflow and outflow of money

Moreover, maintaining accurate expense records is a good practice and a legal requirement. Come tax season, having well-documented expenses will save you from potential audit headaches. It also enables you to claim legitimate deductions and minimize tax liabilities, ultimately contributing to your bottom line.

How to Keep Track of Business Expenses

1. Separate Business and Personal Finances: The first step is distinguishing between your personal and business finances. Open a separate business bank account and use dedicated business credit cards. This separation not only simplifies tracking but also enhances financial transparency.

2. Digital Tools and Software: Embrace technology using expense tracking software and apps. These tools offer user-friendly interfaces to input and categorize expenses, generating accurate reports with just a few clicks. Examples include QuickBooks, Xero, and Expensify.

3. Document Every Expense: From large purchases to small transactions, no expense is too insignificant to record. Gather and organize these documents systematically, whether it’s a receipt, invoice, or digital payment confirmation.

4. Categorize Expenses: Create categories that align with your business operations. Common categories include office supplies, utilities, travel expenses, marketing, and employee salaries. Categorizing expenses facilitates analysis and aids in budgeting.

5. Regular Reconciliation: Set aside weekly or monthly to reconcile expenses. Compare your records against bank statements to identify any discrepancies or missing entries. This practice ensures the accuracy of your financial data.

Benefits of Keeping Track of Business Expenses

  1. Financial Clarity: To keep track of business expenses offers a valuable advantage: it provides a concise overview of your financial well-being. You can confidently make informed decisions by having a clear picture of your business’s inflow and outflow of money.
  1. Budgeting and Planning: Accurate expense tracking forms the basis for creating budgets and setting financial goals. It helps you allocate resources strategically and identify potential areas for cost-cutting.
  1. Tax Efficiency: Organized expense records simplify tax preparation. By categorizing and documenting expenses, you can easily claim deductions and credits, potentially reducing your tax burden.
  1. Identifying Trends: Regularly reviewing your expenses can reveal spending patterns and trends. This insight helps you identify unnecessary costs or areas where investment could yield better returns.
  1. Preventing Fraud and Errors: An organized expense tracking system can catch discrepancies that might indicate fraud or errors. This safeguards your business from financial harm and fosters a culture of transparency.

Final Thoughts on Tracking Businesses Expenses

In conclusion, keeping track of business expenses is essential to underpinning a prosperous entrepreneurial journey. Additionally, you can confidently navigate complex financial terrain using an expense-tracking app. As an entrepreneur, this knowledge provides immense value in ensuring legal obligations are met and sound decisions are made for your business. To learn more about leveraging this tactic, check out this blog post on how to be a successful mobile notary.

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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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July 7, 2023

Tackling the Notary Path: How Hard Can it Be?

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

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

Understanding the Notary Role

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

Meeting the Requirements

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

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

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

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

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

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

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

Navigating Challenges on the Path

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

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

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

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

Embrace The Challenges And Reap The Rewarding Benefits

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

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June 16, 2023

Conquering Challenges Encountered by Notaries

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

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

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January 16, 2022

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

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

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

You know you’re a bad Notary when you…

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

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

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

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

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

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

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

You know you’re a good Notary when…

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

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

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

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

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

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Filed under: Loan Signing 101 — Tags: , , — admin @ 10:13 pm

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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August 14, 2021

Being a notary vs. waiting on table

Filed under: Humorous Posts — admin @ 8:00 am

When I have new notaries on board, I normally give them a welcome call. I asked one guy what his professional background was. He told me he was a Notary for a month. I told him that a month doesn’t constitute a professional background, but that a 20 year teaching background would. Then he said that he was a Real Estate intern for half a year. Finally, I asked him, “Are you young?” I forget that young people don’t have a professional background or necessarily know what one is. But, if they keep having a boring and dull life going into the office, they will attain one in 10 short years. But, what about being a waiter?

WAITER: Welcome to Mel’s Diner, can we interest you in a drink?

CUSTOMER: I’ll have the jackhammer.

WAITER: Can I see some ID?

CUSTOMER: I’ll sign the journal, but I won’t thumbprint.

WAITER: Hmmm. So, what’s your sign?

CUSTOMER: I’m a Leo.

WAITER: So, you were born, July 28th, 1997.

CUSTOMER: You are trying to trick me. I was born the 29th.

WAITER: I wasn’t trying to trick you. I have bad eyesight. And I don’t use a journal because my state doesn’t require waiters to use a journal.

NOTARY: You sound like a Notary in one of those states that doesn’t require journals. But, when you get busted by the FBI and the journal is your only evidence that you weren’t involved in a serious act of fraud, you could get put in jail or end up in court forever.

WAITER: Good point. What if someone orders an illegal drink with a fake ID, I don’t keep a record of it, and he gets in his car, runs someone over, and I get blamed. That “journal of official waitorial acts” could be my only defense.

CUSTOMER: I never thought of that. You know, you CAN thumbprint me. I even brought my NNA thumbprinter.

NOTARY: Are you a Notary too?

CUSTOMER: Not yet, but I’m going to become one, and I’m learning something right here about being a Notary. It can be a dangerous job if something goes wrong.

NOTARY: It’s like driving. It’s safe 99.9% of the time, and then something unusual happens and then only your seatbelt can help.

WAITER: Many people don’t like precautions unless they sound like Covid-19 precautions — then they like endless restrictions and precautions.

CUSTOMER: If I were running this joint I would say — you can have that jackhammer, BUT ONLY if you sign this journal. But, you can’t sign the journal unless you wash your hands three times and say hail Mary, and then walk around in a circle counter clockwise, use a sanitized pen, and then sign it wearing an N-95 facemask.

NOTARY: How about sound effects. If someone orders a jackhammer, shouldn’t that come with sound effects. Maybe get some sampling?

WAITER: How about this? “Chu chuh chuh chuh chuh…… HEY SULLY, we’re that pipe you brought ovuh? chuh chuh chuh chuh …. WHAT? I CAN”T HEAR YOU. I got my ear plugs on.”

CUSTOMER: Wow, that changed the whole customer experience in an even better way than those meaningless restrictions.

WAITER: Sully says he likes the part about the hail Mary as you go around three times.

NOTARY: Is Sully a real person?

WAITER: He’s real to me! So, let me guess. Would you like to try a virgin Notarita?

NOTARY: Sounds great, but the drink sounds underaged. I don’t want to get in trouble.

CUSTOMER: It’s okay, the drink has been aged 21 years. We just need to make sure that you are of proper age and sound of mind.

NOTARY: Here’s my ID. Wow, this is like life in reverse.

WAITER: So you could notarize that drink because it’s old enough.

NOTARY: It’s age is passing, but it doesn’t have an ID.

WAITER: But, it does have a signature — in fact it’s our signature drink.

NOTARY: In that case, that makes it okay. So, honestly, are all of your clients as interesting as us?

WAITER: Some are a lot more interesting. But, it’s hit and miss, especially the ones who forgot their ID.

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