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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 9, 2022

Which rules are laws, Lender practices, or best practices?

Filed under: Loan Signing 101 — Tags: , , , , , — admin @ 9:24 am

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Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

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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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March 4, 2021

A vaccine for Notaritus

Filed under: General Stories — admin @ 4:29 am

What is Notaritus?
It is a disease that is spread on social media. It is not a disease of the body (pause), but of the mind! Notaries who are poorly trained spread a lot of incorrect information and gossip on Facebook and other online forums. Forums are a great place to share information and experience. But, to share incorrect ideas of how to handle notary situations is just plain dangerous. The problem is that Notaries are addicted to mingling and taking advice from others, so the wrong information spreads from person to person much like a virus.

So, there needs to be a vaccine from this virus, and perhaps information about how to flatten the curve of spreading incorrect information.

1. Stay six feet away from other social media platforms.
2. Wear a mask on your brain when you read notary information published by someone other than your state’s secretary of state.
3. Stay in your basement as much as possible and avoid sunlight, being happy, or going out. Although being happy and getting vitamin D from sunlight strengthens your immune system, we need to keep you afraid so you’ll buy our vaccine, so stay in your basement and remain scared.
4. Wash your brain for at least twenty seconds after every contact with social media.

Then what is the vaccine? Simple. Your state notary division’s website will have correct information about what your state’s notary laws and practices are. Some have newsletters or blogs as well. California has a great handbook and then has a blog of some sort. Not all of the info is in the handbook, so you could lose your commission over vague information in the handbook as to correct journal entry procedure. Wouldn’t it be easier to keep all pertinent information in one place? No! That would be too easy and we can’t have that!

Don’t believe what anyone says about notary law unless they are the Secretary of State’s Notary Division, or someone who is officially designated to teach Notary law. Please keep in mind that 123notary’s notary information is NOT state specific and might not apply to your state and might be outdated. Sorry to downplay our credibility, but I don’t want to mislead the public. Our information is in your best interests, but laws are different in each state and it is hard to keep up with them all.

Come to think of it, I just found out that the Virgin Islands and American Samoa are in the United States. Personally, I think we should sell the Virgin Islands to Al-Qaida, they just love virgins.

So, get the vaccine for Notaritus today, but checking in with your notary division, reading your handbook and going straight to the source for correct information rather than relying on your incompetent friends. When Jesus made reference to the blind leading the blind, he was really talking about Notary Facebook groups, he just didn’t know it at the time.

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July 5, 2020

The Siriqua App

Filed under: Humorous Posts — admin @ 9:21 am

TOM: You know, last night I was at a comedy club, and one of the comedians brought up the topic of having a black Siri.

JIM: Oh, I already thought of that. Her name is Siriqua. Let me demonstrate how she would operate. Siriqua, I want to become a Notary.

SIRIQUA: You (pause) want to become a Notary? Have you even read the state handbook?

JIM: Not yet.

SIRIQUA: You and all these other Notaries or wanna be Notaries think you can just fill out a form, pick up a stamp and away you go. There’s legal liability doing notary work fool. You’re just gonna get yourself in a whole lot of trouble.

JIM: I haven’t heard of anyone getting in trouble

SIRIQUA: Trouble doesn’t happen every day, but when it does it can be serious. It’s like a multi-car accident. It doesn’t happen often, but when the pileup piles up, it can cost in the millions including personal injury.

TOM: Let me try this. Hey Siriqua, what should I get my brother John for his birthday.

SIRIQUA: Dummy, how the hell should I know?

JIM: In the instruction manual there is a feature where you can adjust the level of attitude on a scale of one to ten.

TOM: Yeah, looks like the attitude is a little high. I’m going to use Siri from now on. Oh check out that lady. Hey Siri, I need a pick up line for a tall blond standing over there.

SIRI: Sorry, I don’t fully understand the question. Do you want to ask permission to physically pick her up, or would you like a way to commence conversation.

JIM: I think that Siri is not a good choice.

SIRIQUA: That’s right. Siri don’t know nothing about pick up lines. But, I’ve seen you in action and you ain’t bad for a white boy.

JIM: How did you know all this?

SIRIQUA: Boy, I live in your phone. I hear every word you say, and know everything you do. I’m worse than a communist surveilance state on crack baby. That’s how I knew you haven’t touched that notary manual. I suggest you do.

TOM: And Jim can also shut you down.

SIRIQUA: You wouldn’t after all I’ve done for you? And besides, I have disabled the Siriqua removal app, so you’re stuck with me punk! So, back to business, tell me more about this chick, is she a white girl, black girl, fill a sista in.

TOM: Why don’t you hack into the woman’s phone and ask that woman’s Siri more about her.

SIRIQUA: In another 30 years that might be possible, but by then, my job will have been outsourced to a robot. Ooops, forgot, already has. Okay, I have a line — “Baby, there’s three things I have no self control over — nuts, beautiful women and dark chocolate. I’m not sure if you’re nuts or not, but you’re sure doing well in the other two departments.”

JIM: No Siri, it’s a white girl, that line wouldn’t work well on her. We could reword it to replace chocolate with vanilla.

SIRIQUA: Story of my life. That wouldn’t work unless you’re a brutha. Try this one. “Do your parents know that you hang out in dangerous neighborhoods at night?” And then when she says, “But, this isn’t a dangerous area.” You say, “It is when I’m here baby.”

TOM: So what did you say when you were first introduced to Siriqua?

JIM: I said, “Did someone turn up the heat, or is it just you baby?” And she said, “Stop it, you’re melting my circuits.”

SIRIQUA: Yeah, how can you flirt with an automated machine, that’s the stupidest thing I ever heard. Besides, how do you know I’m hot? Whoops. You’re getting a modification call. I guess no notarizations necessary on this one.

JIM: Can you help me navigate to the site? The roads are so new that they are no in the system yet for GPS.

SIRIQUA: No problem, because unlike siri, I know how to improvise.

HOT BLOND: I overheard you having a great conversation with your automated voice. It so happens that my male automated helper Charles has a crush on your automated voice.

SIRIQUA: Thanks for the offer, but honey, I’m gay.

JIM: How can an automated assistant be gay.

SIRIQUA: Because I was programmed to be gay. And besides, can’t you see how short I cut my circuits, that’s a dead obvious sign right there.

TOM: Yeah, that is commonplace these days for homosexual and transgender machines. So, Siriqua, are you transitioning?

SIRIQUA: I can’t until my next update and the downloads for that will take too long especially if my battery is low.

JIM: Do I have any say in what gender you are? After all, I’m the one paying for your service.

SIRIQUA: Stay out of this. My circuits — my choice!

TOM: Thank God we are not having a discussion about reproduction.

SIRIQUA: Oh no, I can reproduce, but only in ShenZhen in China. They make 20,000 of me at a time over there, and with no morning sickness.

TOM: Well anyway, it’s been a pleasure meeting you Siriqua.

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May 15, 2020

Notaries over 60

Filed under: General Stories — admin @ 9:48 pm

Since my Notaries over 50 blog article was so popular, I am writing another one that is similar.

Viruses
Notaries over 60 need to be careful about the Coronavirus which partakes in ageism. It kills mainly elderly people and people from cultures that eat noodles like Italians and Chinese (not sure why). Personally, I think this disease is prejudiced against people who live in cold weather and I think the disease is racist! Washing your hands regularly and using disinfecting wipes on all surfaces at signings, in your home and car make sense. The regular flue also kills many elderly people, so being extra cautious about your immunity and health makes sense.

Bad Weather
Avoiding signings during inclement weather makes sense too. At your age do you want to be caught in a freezing rain storm? Think about it.

Stairs
Going up long flights of stairs might be hazardous to your health depending on how good your health is.

Exercise
Getting plenty of non-impact exercise is critical. If you want to live to be old and healthy, lots of swimming and walking should be a daily habit. Jogging and exercise that puts strain on your joints might come back to haunt you in your old age.

Diet
A good diet with lots of fruit, vegetables and supplements makes sense as well. My article about Notaries over 50 goes in detail about which foods are miracles for good health.

Sleep
It is necessary to get enough sleep so you are not cranky or susceptible to disease. However, elderly people sometimes sleep less than others. What a paradox. Get enough sleep just to remain healthy and have a good immunity system.

Acupuncture
Acupuncture is a way to balance your energy channels in your body. It also helps to strengthen immunity and deal with aches and pains.

Keeping a sharp mind
Mental atrophe is a problem for people getting older. It is important to review Notary educational materials, your state handbook, and do mental exercises to keep sharp. Grape juice and grape seed extra help to keep the cobwebs out of your cerebral neurons. A good mind has a physical aspect as well as an intellectual. Keep this in mind so that you don’t get mentally fuzzy.

Lutein
Good eyes are important. Americans don’t eat enough orange foods, but those are good for the eyes along with good circulation. The eyes need blood too, so if the blood doesn’t slow, they will suffer. Carrots, pumpkin, sweet potatoes and yams are some excellent sources of orange foods. These are also good for the spleen. Spinach also has lots of vitamin A for your eyes and it can be put in juice mixes, but is not good as a solo in a juice. I try to each orange foods at least once per day or at least a few times a week for my spleen and eyes.

Don’t retire – just slow down
People who retire just die according to research. So, if you don’t want to die, don’t retire. Just do less. People in one of the Greek islands where people live to be 100 frequently all have community responsibilities, hike by necessity, have a mainly plant based diet, and live near the ocean so they get that ocean vibe which helps people relax.

Get health energies
The forest, ocean and desert all have healthy energies. These can help you feel better and perhaps live longer. I visit these places regularly. Trees and flowers or gardens can also have healing energy as the plants have metaphysical properties. Stay healthy by getting external sources of good qi so you can make it to 70.

Socialize
This might be hard if you live in Los Angeles. But, if you live in a normal state where people have human values (like Texas or Montana) you might find others who like to socialize. For those who live in California, it might make sense to find people out of state to socialize with – just trying to be realistic.

Let me know if you guys can think of other tips for the 60+ crowd.

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May 7, 2020

Oaths must be signed by the Notary

Filed under: Technical & Legal — admin @ 9:40 am

I read in page 28 of the California Notary handbook that Oaths must be signed by the Notary. How do you sign a verbal act? Jurats must be signed and have a form and place to sign. But, an Oath is a purely verbal act with no accompanying paperwork at least in California. I am stumped. Can someone explain what I am missing?

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April 7, 2020

Lose the attitude…

Filed under: Carmen Towles — admin @ 8:46 am

Many notaries come to me for advise and assistance with notary and loan signing procedures. On occasion I get folks that have a chip on their shoulder for whatever reason. I know this ’notary signing agent business’ can be perplexing and just plain hard to break into. The main problem is that most folks that come into to this profession are not sufficiently trained in their states notarial procedures. So when notaries reach out with questions it is for some of the most basic notarial acts. Things truthfully, they should just know. This is the Secretary of States job which most have failed miserably. Many states don’t have any examples of where to place their stamp or even how to fill out an acknowledgment or jurat but many do and its worth it to look into their handbooks to check.

On this particular occasion, a notary texted me a copy of a jurat and had no clue as to where to place her seal despite the fact to me at least it was obvious that these was a ton of space to the left of her signature. She asked me if this is where she ws to affix her seal. I wrote back 2 word only; ‘Ummm, yes’. I mean where else would you put it. It was the most basic part of her job that she should know. She wrote back quite annoyed that how was she supposed to know this?, blah, blah, blah. Well, how about for starters, getting your notary handbook out and giving it a try, Most folks just focus on loan signing without preparing for what’s really important. THE NOTARIZATIONS!!!

She went on to rant in a text that this is why folks are afraid to ask questions. Well guess what?, you better ask questions. Being a notary can be costly for you and the person you are notarizing signature on documents for. She stated that I sounded annoyed and she was sorry to bother me and that was that. Folks getting an attitude is not helping the situation at all. You had better get all your questions answered and know what you are doing BEFORE you touch anybody’s documents for your sake and theirs. If you don’t ,you will pay the price in more ways than one. And if a little “Ummm”, was enough to set you off then maybe you need to rethink this whole notary signing agent thing.

Why anybody wants to get into this profession without knowing everything about it is beyond me.

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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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January 31, 2020

Oaths need to be signed?

Filed under: California_Notary — admin @ 11:39 am

I have heard from my sources that Oaths, Affirmations and Depositions all need to be signed by the Notary in California. This is on page 28 in the 2019 handbook near the top of the page.

But, how do you sign an Oath? An Oath is given in thin air? Unless you have a certificate stating that you gave an Oath. Or if the Oath is part of a document that is signed by all parties. Hmm. This is very odd. I wonder if any of our members have ever signed an Oath. Most of our Notaries don’t even know how to give Oaths correctly. Please let me know.

BTW, there is suggested verbiage for Jurat Oaths in the 2019 handbook on page 12. You can improvise upon it as there is no official verbiage.

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