Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!
The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.
The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!
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Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.
On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.
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Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:
The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.
It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.
The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.
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Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.
New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
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Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian
(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.
(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.
(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.
(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:
Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?
By the way, the name of the person who swears under Oath is the Affiant.
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Here are some other points about certificates
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Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.
Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.
Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.
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Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.
Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!
What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
Many Notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.
What steps are necessary for a Signature by Mark or X?
(1) You need two Subscribing Witnesses who witness the Signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal.
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal.
(6) Keep in mind that this is a very unusual notary procedure and is tricky.
Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses sign the document and the journal. In California, one witness signs the signer’s first name and the other signer signs the signer’s last and middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.
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Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.
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Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.
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You might also like:
30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442
30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514
Sending loose certificates is illegal
http://blog.123notary.com/?p=2470
The Signature Affidavit
http://blog.123notary.com/?p=13190
Notary Journals from A to Z
http://blog.123notary.com/?p=8348
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How to become a successful mobile notary from scratch
Anyone can become a successful mobile notary. The field is wide open. On the other hand, since it is so easy to become a mobile notary, many people do it which causes a lot of low priced competition. However, those who are very good at this profession seem to do well with it even in bad times. As of 2014, business is slow, but you can still have a nice part time income doing mobile notary work. Additionally, eventually the industry will pick up, and you might find yourself earning more money than you expected!
Step 1. Become a Notary
If you are not a notary, you can easily become one. It is a bit harder in CA, NY, LA, and FL where there are examinations, but talk to your state notary division about how you can become a notary for your state.
Step 2. Learn the ropes: Jail, Hospital & Mortgage Signings
Being a mobile notary is more than just hauling your stamp around with you in your car. You need to know how to handle typical situations that mobile notaries have to deal with. Mobile notaries who do well typically are experts at jail signings, hospital signings, and loan signings. Notaries who work in an office don’t need to know much about jail signings, because inmates can’t come to you, and neither can those with an IV tube stuck up their arm. But, if you are on the road, these are situations you have to know about. There are many identification and communication issues associated with jail and hospital signings that can get you in trouble if you don’t know. On the other hand, you can make a huge travel fee doing these types of specialized mobile notary tasks that the other notaries don’t know how to do (or want to.)
Mortgage signings
Signing loans can earn you big bucks. Signers make anywhere from $50 to $150 per signing. Fees fluctuate with the market and depend on who you are doing business with and how good you are. If you have a lot of experience and have many loyal contacts, you can set your minimum fee at $100 or $125 per loan signing if you are any good. You will need to know some basic Mortgage terms, and know the basics about 10-20 basic documents. You need to know where to look for the Rate, APR, prepayment penalty, when the first payment is due, where the fees are, and other basic information. You need to know how to handle name variations, initialing and borrower objections to problems in the loan. You need to know who to call when a loan signing is on the rocks. Signing loans is not rocket science, but there are concepts you need to Master.
Take our course!
http://www.123notary.com/loan_signing_courses.html
How can you learn about all of these complicated and scary types of signings? 123notary offers a comprehensive loan signing course that covers all of these issues in detail. Additionally, you can get free detailed information in our blog about all of these topics. Just browse around the categories on the right and read to your heart’s content!
Step 3: Active Marketing
Getting work as a mobile notary is a bit hard at first, but you can do it. Contact a dozen or more signing & title companies each week and get on their list. They will want copies of various types of information and a signed contract, so ask them what they want, and give it to them. You can also give your business card out to local nursing homes, hospitals, Real Estate offices, law offices and anyone else you can think of who might need a mobile notary.
Step 4: Passive Marketing
Advertising on the major directories is a good practice. Notaries often ask on Linked In which directory they should join. My standard answer is to join all of them, but not necessarily to pay for all of them. The strongest players in 2014 are 123notary.com, NotaryRotary, NotaryCafe, and SigningAgent.com lost a lot of steam recently, but is still in the game. If you join other directories, I don’t recommend paying for them as they don’t have a good track record. You can go on Linked In to research what the notaries say are the better notary directories too for an unbiased point of view. Hard copy yellow pages for your local area may or may not get you work — it is worth a try if you are serious though.
Being listed on the big directories is not enough. You need to maintain your listing like a pro. Fortunately for you, I am here to offer you free mentoring by email, so don’t panic! You need a well written notes section, a company name helps, reviews from your satisfied clients, and try to pass as many certifications as you can.
Step 5: Who to get certified by?
My rule is that you get certified by every loan signing directory that you pay to advertise with — even if that means that you get certified five times. I am currently recommending:
(1) NNA’s certification as it is an industry standard
(2) 123notary’s certification if you get paid advertising with us as notaries who get this get 2.5x the work from our directory
(3) notary2pro’s certification (although not an industry standard) is very high quality, they offer hand holding, and the learning you will get from it justifies the cost.
Step 6: Screen companies you work for
Many signing agents drop out because they worked for the wrong companies, didn’t get paid, and suffered financially. Don’t let this happen to you! Use our list of signing companies (which includes reviews) and avoid working for signing companies with a high ratio of negative reviews. Additionally, don’t do too many jobs for a particular company until they have paid you for previous jobs. Decide ahead of time how much credit you are going to give them and don’t let them run up a bill beyond your limit.
Step 7: Become an expert at scheduling and negotiating
You need to be constantly refining your skills to do well in this business. Although there is a lot of competition, few of them have refinement. Scheduling is a hard task, and you need to juggle when the e-Documents are supposed to come, when your signing is, and when the next signing is. e-Documents don’t always come on time, so learn to juggle well. Negotiating good fees is also an art form, so pay attention to our blog articles as from time to time we have articles about how to negotiate.
Step 8: Get a high spot on 123notary
We make our money selling high spots on our directory. We generally discourage people from getting a high spot until they have passed our certification test and have at least a review or two. But, if you are serious and want to get ahead, call us and ask how you can get a high placement in your area. We are often very flexible and offer six month trials to those just starting out. The Title & Escrow companies who use our site know that those who purchase high spots on our directory are serious, and those notaries generally get a lot more quality jobs from our site than those with low spots.
Professional backgrounds that help
If you have a background in Mortgage, Escrow, Loan Origination, or Lending, this can really help you do better in the mobile notary business as you will be working a lot with Mortgage documents. However, don’t fool yourself into thinking you know more than you know. Many Mortgage Brokers assure me that they know their stuff and don’t need my test. When I ask them simple loan signing questions over the phone, they can only answer half of the easy ones. Go back and study and master the art of the signing. Your background does help you, but your over-confident attitude can really ruin your career. Additionally, it is very different being on the Notary side of the table than it is being on the Lender or Broker side of the table. Try to learn this profession from out point of view.
Real Estate backgrounds do not help as much as Real Estate Brokers claim. You are not anywhere near as familiar with the documents as you claim. As a matter of fact, those with Real Estate experience cannot answer simple loan signing questions any better than those with no Mortgage or Real Estate experience. Approach this profession as a beginner and learn the ropes one by one. The people skills you learn from being a Realtor on the other hand, can really help you. General business skills and being businesslike help more than any technical knowledge you may have acquired in your former professional life.
Don’t be afraid to ask if you need help
And as always, 123notary is there to help! If you have questions, don’t be afraid to ask!
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Notary Marketing 102
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Best marketing resources for Notaries
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Beginner Notaries 103 reading list for new notaries
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