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January 15, 2019

Notary Etiquette 104 — The initial call

Filed under: Etiquette — Tags: — admin @ 11:27 am

Return to Table of Contents for – Notary Etiquette 104

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1. Introduce yourself
Introduce yourself properly by phone when you answer the initial call to hire you. “This is June of June’s Notary Service” is a lot better than, “Hullo?” High-brow clients will judge you by how you answer the phone, so answer like a professional if you want to be treated like one.

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2. Answer questions the way they were asked.
If someone asks what your hours are, tell them your beginning and ending times. Don’t say “it depends” and don’t be vague. Give them a clear picture of your availability without making them ask again. If someone asks how many loans you have signed, don’t give them a summary of your professional background, just give them a quick number. If someone asks if you are still in business, don’t tell them you are eating dinner or on vacation, just tell them that you are still in business. Just answer the question.

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3. No background noise
Screaming children, televisions, or people talking in the background sound unprofessional. You need to turn the TV off, go into the next room where there is no noise, and apologize if there is any noise. That is called being professional. If you are in a restaurant, there might not be much you can do, so at least let the caller know where you are and that you cannot do anything about the noise at least for the time being.

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4. Don’t scramble information
Asking people to repeat endlessly is horrible. If your phone is horrible, get a new one rather than accuse the other person of breaking up. If someone asks if you can do a notarization for two signers on three documents, don’t repeat it back to them as, “Okay, three signers on how many documents?” That is called scrambling information and sounds ignorant.

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5. Don’t brag
Notary Signing Agents have the desire to overprove themselves. The secret is to make a good impression by being helpful and not shoving your credentials down someone’s throat. It also makes a good impression to ask a few relevant questions about the type of signing or document. Asking a few pertinent questions looks professional. Show the world how good you are without trying. Just politely and calmly answer people’s questions and they will get the impression you are a seasoned pro and not an overanxious newbie.

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6. Act calm
Acting calm and helpful is a lot better than acting anxious and overly helpful or overly unhelpful. People get put off by desperate or unfriendly behavior. Seasoned signers normally act calm. Signers that are over-seasoned are too calm because they don’t care if they get the job because they want to retire, so don’t be too nonchalant either.

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7. Speak clearly and listen
There is nothing worse than a Notary who mumbles or speaks unclearly. With such Notaries you have to keep asking for clarification as to what they said. And what’s worse, when southerners say the word “bell” it sounds like “bail” and you have to ask them if they meant b.e.l.l. or b.a.i.l… Why can’t we all just be Yankees? Then, there are the Notaries who aren’t paying attention who have to ask you to repeat half of what you say. They are very unpleasant to work with, so please listen carefully when talking to clients.

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8. Confirmation calls
During the confirmation call, it is practical to ask the borrower to prepare for the signing by having a clean dining room table, have animals out of reach, children taken care of, and no noise. Make sure all parties will be there early, have identification, and have any documents or checks going back to the lender or title. It is better if the borrower leaves their outside light on so the Notary can find the house more easily.

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9. Answering machines
Your answering machine should not have unprofessional sounding music. I cannot say what unprofessional music sounds like. Some people have Vivaldi that is just too loud while others have hip hop music. Just be sensitive to how this music would sound to a hiring party and use your judgment.

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10. Grammar
Do you use bad grammar? It don’t matter. Well, actually it does. People judge you in all sorts of ways, so try to use proper grammar as that is part of etiquette.

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April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

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You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

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April 5, 2015

Point (16) Initialing; Lost in a cornfield

Filed under: Loan Signing 101 — Tags: — admin @ 11:25 pm

Marcy had been to the county fair recently. She really got to thinking as she was lost in the corn maze. But, then it all started to pop. It took her ninety minutes to get out of that maze. All of the routes seemed the same, with twists and turns, but only one would get her out of that maze. It reminded her of her career. One thing that Marcy learned, is that the maze had several signs in various locations that showed the routes. She just wasn’t reading the signs carefully enough. There was one intersection with five paths, and she kept taking the wrong one since they all looked almost identical. Where’s your GPS when you need it? She took each path one by one until she got the right one. Corn mazes are confusing like that. As she munched on some grilled corn at the fair after her ordeal, she was even more determined than ever before to be the perfect Notary. And besides, she would have to face her neighbor Patricia who didn’t tolerate failure (or bad corn)!

At Marcy’s next signing, she noticed that the name of the signer was printed incorrectly on the signature line of one of the documents. Marcy had them initial next to their signature. The next day she got a call from the Processor. The Loan Processor was upset that the initials were to the right of the signature which got in their way of doing the changes. Never had Marcy heard of someone other than her cat being so picky. After all, she did her job correctly, she had the borrower initial and sign the correct way. What more can you ask for? Furthermore, they didn’t do any forbidden cross-outs. Marcy felt her work was perfect. The Processor wanted the initials below the typed name under the last several letters of the last name. This is how 123notary teaches initialing incorrectly printed names by the way. Marcy said that she would do it that way from then on. Marcy went on to tell Patricia what had happened and Patricia said, “If it isn’t one thing, it’s another — but, keep this up. You’re really getting somewhere now! And remember, a cornfield of 10,000 acres isn’t planted in a day.”

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Point 16 — Initialing
Most Notaries don’t understand initialing. At least they don’t initially. Although there are no formal rules, here are some guidelines.

The initials should cover all parts of the person’s name being signed.

Theodore T Tidmore would initial TTT
Nancy Nissenbaum would initial NN
Thomas T Carl Edison would initial TTCE

But, what if it gets complicated?

Thomas Smith, Sr. would initial TS Sr.
Thomas Jones, III would initial TJ III
Thomas DeLuna is a little more complicated. I choose TD since the last part of the name is connected.

But,

Thomas De La Cruz De Philippe Rodriguez Ramirez Gomez would initial TDLC DPRRG — oh my God.

Where do initials go?
Where do initials go, assuming they are not on a tree representing a relationship soon to be DOA? On loan document signings, it is common for borrowers to initial all pages of the Deed of Trust, sometimes the Note, often the Universal Residential Loan Application (The 1003), and sometimes other multi-page documents. There is normally a one centimeter line in the lower corner of the page where the initials are intended. But, keep your eyes open, because the special line for initials might not be where you expect it to be.

Initialing changes
Many notaries do not understand the name changing procedure. It is really up to the processor to do name changes. However, the notary must at a minimum have the borrower initial any changes. My best client during my loan signing days was a processor which is how I know the ideal procedure for name changing. It is easier than you might think.

Have the borrower initial to the right below the last several letters of the typed name.
Have the borrower sign the correct way where they are supposed to sign.
Inform the lender in writing and by phone that the name is changed to whatever it is changed to.
There is no need to cross-out. Cross-outs cause a mess. there is also no need to write in the correct name. The processor can do that.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (17) The APR
http://blog.123notary.com/?p=14483

Can you notarize initials?
http://blog.123notary.com/?p=8269

Read about initialing in our industry standards blog entry
http://blog.123notary.com/?p=4370

Signing Agent Best Practices 63 Points
http://blog.123notary.com/?p=4315

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October 21, 2013

Can you notarize someone’s initials?

Can you notarize someone’s initials?

It is fun to read all of the various notary questions that people have. But, a notary may only legally notarize a signature of a living person who appears before the notary public.

However, it is common for signers to be required (not required by the notary, but required by the document custodian or lender or other entity) to initial all of the pages of a Deed of Trust, Power of Attorney or perhaps a Note. There are other documents that are often initialed as well. It is never a legal requirement to initial a document, but it might be a business requirement for certain financial or business entities just to make sure that pages are not swapped after the notarization.

Initialing pages of a longer document is more of a “best practice” to deter fraud. It is harder to swap a page if there is an initial on it. However, Title companies are known to forge the initials of a signer just to save time — if the signer forgot to. Imagine that documents went to a borrower’s house, and the borrower signed the documents, and had them Fedexed back to the lender. If the borrower forgot an initial, it is a huge pain to bring those documents back. It is easier to commit forgery of an initial even though that is a serious crime!

Getting back to the main point of this article, no, a notary cannot notarize someone’s initials.

You might also like:

The 30 point course’s guide to initialing
http://blog.123notary.com/?p=14463

Why do I have to sign with my middle initial?
http://blog.123notary.com/?p=4452

Tutorial on initialing
http://blog.123notary.com/?p=14463

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October 18, 2013

Cross Out and Initial

Cross out and initial

What if you are in the notary business and you just made a mistake, or someone else made a mistake in a document. Simple, just cross out and initial, right? Maybe not. Putting aside the questionability of the legitimacy of a document with cross-outs, the future document custodian might not like cross-outs.

Picture yourself as a lender. You are having a loan signed, so you can sell the loan to yet another bank. That other bank doesn’t like it when people cross out and initial information on their loan documents. It looks sloppy and unprofessional to them. So, as a notary, what do you do when there is a problem with a document? You ask your contact person what they want to do.

They can either redraw the document at great expense, coerce the borrower to sign the document “as is”, or have you cross out and initial. Let your contact person make the decision so they get in trouble — not you!

Redrawing documents means that you will have to wait for the new documents to be typed up, sent via email or FedEx, and then you need to make a new appointment with the borrower on a subsequent date.

You might also like:

The 30 point course section on cross-outs
http://blog.123notary.com/?p=14406

Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Industry standards in the notary business (covers cross outs, initialing, and more)
http://blog.123notary.com/?p=4370

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May 17, 2013

Why do I have to sign with my middle initial?

Filed under: SEO,Signing Tips — admin @ 11:03 pm

Do you get asked this question?

If your name on Title has your middle initial, is that the reason? I think so. But, what if your drivers license doesn’t have your middle initial? Then, you can not prudently be notarized with your middle initial. When signing loan documents, if you don’t sign exactly how your name is typed in the signature section, then you probably won’t get your loan. So, inconsistent middle initials can create an issue.

But, as notaries, you need to watch your signers carefully. Remember, you are there to babysit the signers. Unfortunately, most notaries are so unprofessional that they need to be babysat as well. But, you should know what you are doing.

At a signing, you should tell the borrowers exactly how they are to sign and have them practice on a piece of paper that is not part of their loan. Watch them. Make sure they don’t leave out any initials and make sure they sign using the applicable name variation.

Good luck

You might also like:

Initialing tutorial: Industry standards in the notary business
http://blog.123notary.com/?p=4370

The man who wouldn’t use his middle initial
http://blog.123notary.com/?p=4040

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

Notary Public 101 from 123notary
http://blog.123notary.com/?p=19493

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January 25, 2011

The man who wouldn’t use his middle initial

Once upon a time, there was a man who didn’t want to sign with his middle initial.

This man was very uncomfortable using his middle initial and protested vehemently.

He wanted to use his regular signature to protect himself from identity fraud. He felt that signing in a slightly different way would make him succeptable to identity fraud.

During the initial signing, he was forced against his will to sign with his middle initial. This was during the time when he was doing a purchase on the property. Then, several years later on the refinance signing, the notary explained how he wouldn’t get his money if he didn’t sign with his middle initial.

No initial — No $200,000 — it’s that simple.

So, after a little coaxing, the signer did what the notary asked, and signed using his middle initial, and all went well.

And everyone lived happily ever after

The End!

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November 15, 2024

How to Properly Notarize Multi-Page Documents

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

Dealing with multi-page documents can be daunting for homeowners and business owners, especially when notarization is required. Knowing how to properly notarize multi-page documents for legal compliance can save you time, prevent delays, and protect you from legal issues. This guide will walk you through the essential steps to ensure accurate and legally compliant notarization every time.

Why Proper Notarization Matters?

Notarizing multi-page documents is more than just applying a stamp. It involves verifying signatures, ensuring completeness, and confirming the legal authenticity of the entire document. Mistakes, such as missing pages or incorrect certificates, can lead to rejected documents, wasted time, and potential legal disputes. Understanding how to properly notarize multi-page documents for legal compliance is essential for avoiding these problems.

Step 1: Review the Entire Document Thoroughly

Before you begin notarizing, review the entire document to ensure it is complete.

Check for Missing Pages

Ensure that all pages are present and in the correct order. Missing or misplaced pages can ensure the document is valid. Pay close attention to any missing sections that could be filled in later without your oversight.

Look for Blank Spaces

Verify that the document is free of blank spaces. Blank spaces could be altered after notarization, potentially leading to fraud or disputes. Ask the signer to fill in any blank fields or cross them out if they are intentionally left blank.

Step 2: Use Notary Certificates Properly

Usually, the notary certificate is on the last page of a multi-page document. However, this isn’t always the case; additional steps may be needed.

Attach a Loose Certificate When Necessary

If the document doesn’t have a built-in notary certificate, attach a loose certificate. Based on the requirements, choose the appropriate type, such as an acknowledgment or a jurat. Complete the certificate, including your signature and seal, and reference the document.

Number the Pages

Add page numbers to the entire document manually or with a page-numbering stamp. Noting “Page X of Y” helps verify the document’s completion and prevents pages from being altered or removed later.

Step 3: Verify the Signer’s Identity and Signatures

One of the most crucial steps in properly notarizing multi-page documents for legal compliance is confirming the signer’s identity. This process is essential for maintaining the integrity of the notarization.

Check Identification

Examine the signer’s government-issued ID to verify their identity. Make sure the name on the ID matches the name on the document. If there are multiple signers, repeat this process for each person.

Ask the Signer to Initial Each Page

Have the signer initial every page of the document. This practice helps confirm that each page is part of the original document. Initialing reduces the risk of tampering or page substitution.

Step 4: Apply Your Notary Seal Correctly

The notary seal is critical to the notarization process, especially for multi-page documents. An improperly applied seal can invalidate the notarization.

Placement of the Notary Seal

Place the seal near your signature on the notary certificate. Make sure it is clear and legible. If space is tight, use an embosser seal instead to avoid covering important text.

Double-Check Seal Details

Ensure the seal includes your name, commission number, and expiration date. For the notarization to be valid, all details must be visible. Double-check the seal’s clarity before completing the process.

Final Review and Completion

After applying the seal, conduct a final review of the entire document. Check again for missing initials, blank spaces, or incorrect details. This final step can save you from having to redo the notarization.

Ensure Legal Compliance with Every Step

Properly notarizing multi-page documents is vital for maintaining their legal integrity. By following the steps to properly notarize multi-page documents for legal compliance, you can avoid common errors and provide a reliable service to your clients. From reviewing each page thoroughly to applying the notary seal correctly, your attention to detail ensures the document’s authenticity. For more expert advice on enhancing your notary practice, please look at our social media tips for notaries.

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November 8, 2024

Notarizing Documents with Multiple Signatures

Filed under: Best Practices — Tags: — Tom Wilkins @ 12:00 am

Notarizing documents with multiple signatures requires careful handling to ensure accuracy and compliance. Whether you’re a homeowner managing real estate paperwork or a business owner overseeing contracts, notarizing documents correctly is essential to avoid legal issues. This article covers the best practices for notarizing documents with multiple signatures correctly, helping you achieve a smooth, error-free process for all parties involved.

Know Your Document and Its Requirements

  1. Confirm Each Signer’s Intent

Each signer should understand the document’s purpose and agree to sign willingly. In documents with multiple signatures, notaries must confirm each individual’s intent to sign, ensuring there are no misunderstandings. This verification step safeguards against future disputes, establishing that all parties know their role in the agreement.

  1. Verify Identification for Each Signer

Proper identification is vital for each signer. As a best practice for notarizing documents with multiple signatures correctly, each signer’s identity should be verified with a valid, government-issued ID, such as a driver’s license or passport. Recording this information in your notarial journal provides an additional layer of security and documentation.

Organize the Signing Process

  1. Schedule a Group Signing, if Possible

If all signers can attend the appointment together, the process is often smoother, and any questions can be addressed directly. However, if this is not feasible, each signer must appear individually before the notary, with each signing logged as a separate entry.

  1. Ensure Documents Are Complete

Before signatures are added, review the document to make sure there are no blank spaces where information could be added later. Signers should initial any changes during the session to prevent alterations after notarization, ensuring the document remains accurate and reliable.

Document Each Signature Separately

  1. Maintain a Detailed Notary Journal

A well-kept notary journal is essential for multi-signature documents. Each signature should be documented separately with details like the signer’s name, the type of document, the date, and any identification details. This practice provides a comprehensive record, offering protection in case of disputes and showcasing high professionalism.

  1. Optional: Keep Copies of Signed Pages

Though optional, making copies of signed pages before returning the document can be beneficial for record-keeping, mainly if questions arise later. Always request permission before making copies, as some documents contain sensitive information.

Address Special Situations

  1. Multiple Notarizations for Different Sections

Some multi-signature documents, such as affidavits in real estate agreements, may require separate notarizations for different sections. Confirm the document’s notarization requirements in advance to ensure all necessary sections are handled appropriately.

  1. Remote and International Signers

If any signers are out-of-state or international, understand your jurisdiction’s guidelines for remote notarization or any special requirements for foreign signers. Verifying these steps prevents delays and ensures compliance with all necessary protocols.

Prioritize Accuracy in Multi-Signature Notarizations

Handling documents with multiple signatures requires a structured approach. By verifying each signer, managing the signing process efficiently, and keeping thorough records, notaries can follow best practices for notarizing documents with multiple signatures correctly, ensuring a reliable and legally compliant result. For more professional tips, check out our article on the notary dress code to make a great impression at every appointment.

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October 25, 2024

Notary Verbiage and Wording Tips

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

Have you ever wondered if the wording in your notarized documents could lead to costly mistakes? Homeowners and business owners must have clear and precise notary vocabulary to ensure their legal documents are correctly prepared and executed. Whether you’re managing real estate transactions, business agreements, or loan documents, using the correct language helps prevent errors, delays, and legal disputes. This guide will explore critical notary verbiage and wording tips for clear documentation to streamline your process and protect your interests.

The Importance of Clear Notary Verbiage

Clear and correct notary verbiage ensures your documents are legally binding and properly executed. Correct wording can significantly affect real estate transactions, business contracts, or loan agreements. Follow these tips to keep your documents in order and avoid complications.

Tip 1: Keep the Language Simple and Clear

One of the most essential notary verbiage and wording tips for clear documentation is to use simple, understandable language. Avoid unnecessary legal jargon that could confuse the signer and lead to errors. This helps ensure that all parties understand the document and the responsibilities involved.

  1. Avoid terms like “heretofore” or “hereinafter.”
  2. Use simple alternatives like “from this point” or “from now on.”

Tip 2: Be Specific in Names, Dates, and Phrases

Precision is crucial in notarized documents. Vague or unclear wording can cause confusion or disputes. All parties must understand the terms and conditions outlined in the document. Be as specific as possible when referring to individuals or dates.

  1. Use full legal names instead of nicknames or initials
  2. Use specific dates like “on July 15, 2024, at 10:00 AM” rather than “around this date.”
  3. Avoid phrases like “as soon as possible” or “at your earliest convenience.”

Tip 3: Review Notary Certificate Wording

The wording on notary certificates must comply with state regulations, which can vary based on the type of notarization. Double-check that your certificate includes the correct legal language for your state. If uncertain, consult your state’s notary handbook or seek legal advice to ensure compliance.

  1. For acknowledgments, ensure phrases like “personally appeared before me” are included
  2. For jurats, confirm the certificate states that the signer swore or affirmed the document in front of the notary

Tip 4: Include All Necessary Information

It’s important to ensure all essential information is on your notarized document. Failing to include the required details can result in rejection or delay. Ensure that each document requiring notarization has the correct information to avoid confusion or legal issues.

  1. Full names of all signers
  2. Notary commission number
  3. Date of notarization
  4. A complete signature block for each signer with consistent wording, such as “signed and sworn to before me on [date].”

Tip 5: Maintain Professional Language

Always use formal, professional language in your notary verbiage. Casual wording can undermine the seriousness of legal documents. Keep the tone appropriate for the legal setting. This will help maintain the integrity and importance of the document.

  1. Instead of saying “showed up,” use “personally appeared.”
  2. Avoid conversational phrases; use formal terms like “executed before me” or “acknowledged before me.”

Tip 6: Know Your State’s Notary Regulations

Since notary laws differ between states, staying updated on local regulations is essential. Some states require specific wording for particular types of documents, especially in real estate transactions. Homeowners and business owners can benefit from consulting legal experts or a trusted notary to ensure their documents meet legal standards.

  1. Review your state’s notary laws regularly to ensure compliance
  2. Use the latest required verbiage to avoid the document being invalidated

Accurate Verbiage Matters

Precise and clear notary verbiage ensures your documents are correctly executed and legally binding. By following these notary verbiage and wording tips for clear documentation, you can avoid common mistakes and ensure your documents meet all legal requirements. Staying specific, using simple language, and adhering to state regulations will help you confidently create notarized documents.

For additional tips, check out our blog on mobile notary safety tips for beginners to further enhance your notary knowledge.

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