You searched for identifying - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

November 10, 2023

Enhance Your Mobile Notary Business: Develop a Winning USP

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

In the competitive world of mobile notary services, standing out from the crowd is essential for success. A Unique Selling Proposition (USP) can make all the difference, helping you differentiate your business and attract more clients. In this article, we will delve into the concept of USP for mobile notary services, offering insights into how to create and develop a compelling USP that will set your business apart from the rest.

USP for Mobile Notary Services

A USP is a crucial element of any business that provides a product or service. It represents the distinctive qualities and benefits that make your notary business offering unique and appealing to potential clients. When marketing your services, you should focus on value based selling, as opposed to selling on price alone, which will further differentiate your business from other low-cost providers.

Specialized Expertise

One effective USP for mobile notary services is to highlight your specialized expertise. Whether you excel in notarizing real estate documents, legal papers, or healthcare documents, showcasing your knowledge in a particular field can set you apart from generic mobile notary services. Clients will appreciate your industry-specific knowledge, making you the go-to notary for their needs.

Convenience and Flexibility

Mobile notary services are about convenience, so why not make it your USP? Emphasize your ability to travel to clients’ homes, businesses, or any location, offering flexibility that traditional notary services cannot. Let potential clients know that you’ll go the extra mile, both figuratively and literally, to meet their notarization needs.

Quick Turnaround

In the business world, time is money, and clients often require notarization services on tight schedules. Position your mobile notary service as the one that provides a quick turnaround. Emphasize your ability to accommodate last-minute requests, offering a same-day or next-day notarization service. This level of responsiveness can be a powerful USP that appeals to businesses and individuals alike.

Enhanced Security and Privacy

In a world where personal information is increasingly valuable and privacy concerns are growing, you can develop a USP by focusing on the security and confidentiality of your services. Assure clients that their sensitive documents will be handled with the utmost care, and take steps to secure your notarization processes to protect their information.

Competitive Pricing

Competitive pricing can be a compelling USP for your mobile notary service. Research the rates of local competitors and find a balance between profitability and affordability. Highlight your transparent pricing structure and willingness to match or beat the prices of other notary services, making your business an attractive choice for cost-conscious clients.

Exceptional Customer Service

Excellent customer service is a timeless USP that can set your mobile notary service apart. Always prioritize clear communication, responsiveness, and a friendly, professional demeanor when working with clients. This personal touch can create loyal customers who return to you for future notarization needs and refer your services to others.

Crafting Your Winning USP

In the highly competitive landscape of mobile notary services, developing a winning USP is a key strategy for success. By identifying your unique strengths and tailoring your USP to meet the specific needs of your target market, you can set your USP for mobile notary services apart from competitors. Whether you emphasize your specialized expertise, convenience and flexibility, quick turnaround, enhanced security and privacy, competitive pricing, or exceptional customer service, your USP will become the foundation of your success in the industry. Remember that your USP should attract clients and consistently deliver on its promises, ensuring that your mobile notary business thrives in the long term.

Share
>

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.

Share
>

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.

Share
>

May 26, 2023

How to Find a Niche and Dominate It

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

In today’s fast-paced world, the demand for mobile notaries is on the rise. With people’s busy schedules, the convenience of having a notary come to their location is invaluable. But how can mobile notaries find a niche and differentiate themselves from the competition? In this blog post, we’ll explore the steps to identifying and dominating a niche market, ultimately helping you get more clients and grow your business.

Step 1: Research and Identify Opportunities

To find your niche, start by researching the various industries and sectors that require notary services. Some of the most common industries include real estate, legal, healthcare, finance, and education. Within these sectors, there might be smaller markets that have unmet notary needs. For example, you could focus on working with attorneys who handle real estate transactions or specialize in notarizing documents for international students at a local university.

Make a list of potential niche markets and then evaluate each based on factors such as competition, market size, and demand for notary services. Consider conducting interviews or surveys with potential clients to better understand their needs and pain points.

Step 2: Assess Your Skills and Expertise

When considering how can mobile notaries find a niche, it’s essential to take stock of your unique skills, expertise, and interests. Choose a niche that aligns with your strengths, and consider any specialized training or certifications you may have. This will not only make it easier for you to market your services but also help you provide the best service possible to your clients.

Step 3: Develop a Unique Value Proposition

Once you’ve identified your niche, it’s time to develop a unique value proposition (UVP) that sets you apart from other notaries. Your UVP should address the specific needs and pain points of your target market, emphasizing the benefits and solutions you provide. For example, if your niche is working with the elderly population, your UVP could be your ability to accommodate their needs by offering flexible hours and providing services in the comfort of their homes.

Step 4: Create a Marketing Strategy

To dominate your niche, you need to create a marketing strategy that effectively targets your chosen market segment. Develop a clear and consistent message that communicates your UVP and resonates with your target audience. Utilize various marketing channels, such as social media, email marketing, and content marketing, to reach your audience and generate leads.

Consider creating a website and blog that showcases your expertise and provides valuable information related to your niche. This will help establish you as an authority in your field and attract potential clients.

Step 5: Network and Build Relationships

Networking is crucial when it comes to dominating a niche. Attend industry-specific events, join online forums, and participate in discussions related to your niche. This will help you stay informed about the latest trends and developments while also giving you the opportunity to connect with potential clients and other professionals in your field.

Establishing strong relationships with your clients is equally important. Provide exceptional customer service, and be sure to follow up with your clients after the completion of a job. Happy clients are more likely to refer you to their friends and colleagues, helping you grow your business.

Find Your Mobile Notary Niche and Dominate It

In conclusion, finding and dominating a niche market is a strategic way for mobile notaries to stand out from the competition and get more clients. By identifying opportunities, assessing your skills, developing a unique value proposition, creating a marketing strategy, and networking, you’ll be well on your way to establishing yourself as the go-to notary in your chosen niche.

Share
>

July 14, 2021

How valuable are the various types of notary knowledge?

Filed under: Uncategorized — admin @ 3:19 am

Notaries these days who invest in Notary education study all types of topics. Some study Notary basics, others study TRID, Reverse Mortgages, Helocs, situational knowledge, elite knowledge, or just plain signing agent knowledge. Marketing skills are also taught by many agencies. So, which skills are the most valuable?

As a signing agent, companies typically babysit you unless you are very advanced and work purely for title companies. If you make mistakes, that is very unprofessional, but they generally catch you before it is too late due to the scan backs and fax backs. Notaries do not get complaints about errors on our site these days. When they do get complaints it is because they are rude or don’t show up, don’t return phone calls, or don’t get documents back on time.

So, let me make a pecking order of Notary skills in an order that makes logical sense to me.

Notary knowledge
If you don’t know how to be a solid Notary, you are endangering the public as well as yourself and leaving yourself open to legal liability. A mistake identifying someone, or filling out your journal can lead to a lawsuit, or lack of evidence in a legal proceeding. That is very serious and can ruin not only you, but all who are involved in a transaction with you. Failing to properly administer an Oath (when required) can lead to the termination of your commission if you ever get caught and is considered Perjury which is a Federal crime! If you don’t fill out forms properly or follow Notary law and procedure, you can ruin your life. So, Notary knowledge is the highest priority as a Notary Signing Agent and THAT is why we teach the finer points at no cost in Notary Public 101 on the blog.

Signing Agent knowledge
Knowing how to initial, date a right to cancel, and understanding the basic documents in a home-owner Refinances are skills that you will need to use a lot. You can ruin a signing if you miss signatures or initials, or put wrong dates on documents. Signing Agent skills seems to be a definite #2 in the pecking order of what you should study.

Marketing
If you know your basics, but don’t know how to attract work, you might get a few jobs here and there, but won’t have a side career of any scope. Learning Notary marketing is easy because there are good teachers everywhere. 123notary and LSS do a nice job teaching notary marketing. Some of the knowledge is available in our loan signing course and a lot more is on the blog in the marketing category on the right.

Specialty Skills
It is always good to learn more. Being TRID trained, or trained in reverse signings is great. But, that is the last step in my opinion. It impresses clients when you go above and beyond in your training. It shows motivation and effort and makes them more likely to hire you. But, learn the other stuff first as that is a lot more critical for basic survival.

How many certifications should I get?
The more the merrier. If you advertise with us, you should consider ours. If you are a paid member, we sometimes offer to test you by phone at no cost if you study from Notary Public 101, but we get very few takers. Our test is the hardest in the industry and our teaching materials are the most practical — and NOT the most expensive. We have the least expensive certification compared to the big players!

Share
>

January 12, 2021

Gender or no gender

Filed under: General Stories — admin @ 1:11 pm

I read that in Vermont, and this could spread to other states faster than Covid, that gender distinctions are not used on short form acknowledgments. Let me know, that as a Notary, your job is to identify the signer. Part of identifying them is to see the name, serial number on the ID, and gender. If you bypass their gender, you are one step closer to identity confusion.

The reason our elections were compromised is that there were a lot of mail in ballots where signatures often didn’t match, people voting 30 times, etc., By undermining the notary process even in small ways, you are undermining the purpose of having notaries in the first place.

Some liberals might suggest having a 3rd gender option for the crossover types. But, the reality is that we are born a particular gender and the chromosomes in all of our cells do not change even when we get a sex change or are transitioning.

Discussion with God

ME: God, I heard that according to Judaism, your nature encompases both genders as well as a center column energy. It’s kind of a Kabbalistic thing.

GOD: Ummm. Kind of busy right now. Can you text me?

ME: Oh, sorry, is this not a good time?

GOD: Now’s not a good time… I’m transitioning.

ME: But, you are already both genders, what is there to transition to?

GOD: During creation there is a building aspect, and then a nurturing aspect, design aspect, destruction aspect. These processes use completely different sides of my “personality.”

ME: God, don’t you mean… “Godonality?”

GOD: Good choice of words.

Share
>

November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

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

Originally posted in 2018

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

Negligent vs. Willful Misconduct

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

Share
>

February 3, 2019

Credible Witness Notary — information & resources

Filed under: Credible Witnesses — Tags: , , , , , , — admin @ 8:26 am

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

.

Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

.

Keywords:
Credible Witness Notary
California Notary Credible Witness
Credible Witness for Notary
Credible witness california
Credible witness acknowledgment
Credible witness affidavit for California
2 Credible Witnesses
Affidavit of identity by credible witness
CA credible witness requirements
Ca notary 2 credible witnesses
California credible witness Notary
California notary how to acknowledge two credible witnesses
California swearing in a witness
California Notary credible witness form
California Notary Oath of credible witness

Share
>

January 28, 2019

Can a Notary Act as a Witness?

Filed under: Technical & Legal — Tags: , , , — admin @ 3:36 am

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

Credible Witnesses — the ins and outs
http://blog.123notary.com/?p=19634

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

Share
>

November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

.

You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Share
>
Older Posts »