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October 8, 2018

A interesting take on ‘communicating’ with the signer…

Filed under: Carmen Towles — admin @ 11:36 am

In some states, in order to notarize a document in addition to a personal appearance and having current government issued ID you must also be able to communicate with the signer. This applies to us here in California and in addition, we are forbidden to use an interpreter/translator. Unfortunately for me, it has cost me several jobs because although I have a Spanish name, I do not speak a lick of Spanish. 🙁 This has been very disastrous to me. I live an a predominately Asian and Latino community and I estimate that it has cost me at least 30% of my business. I wish I had listened to my mother. She always told me to learn Spanish and learn to type. Of course I didn’t listen, lol. Alternatively, however, due to technology there may be a resolution to my (and others) dilemma when notarizing for a person who speaks another language.

I was speaking with a friend and notary colleague and this topic came up. In the conversation, he mentioned that there was another way, that may solve our problem and that he had been using it effectively. He told me that Google translate was great and that it works very well. And that it was a little different in its implication as compared to a live translator. I have an iPhone, so I immediately downloaded it and I can tell you it is fantastic. It is super easy to use and It translates all languages and as far as I can tell it is 100% accurate. To test it out, I asked in English; “Do you understand the document that you are signing”? Do you know that you are giving your daughter power of attorney over all your affairs? It then translated it into Spanish and speaks it out loud for both parties to hear and it will record their response (as well as yours) in writing. You can set it to have a back and forth conversation with a written record. You can understand them and they can understand you. I just LOVE this. It has the potential to solve a big problem for those of us that must be able to communicate with the signer.

Now what I am wondering, will the Secretary of State accept this method to satisfy the ‘communication requirement’? It is like using a translator, isn’t it? Personally though, I think it is a little different because I can personally ask the questions in English and It will translate in their language. With a translator they are asking all the questions and having a back and forth with the signer whereas if we don’t speak the language we have no idea whats been said other than what the translator relays back to us, which may be truthful or not. When using google translate, the notary can control everything and can have a back and forth conversation. All parties can read, hear and record the conversation, but the SOS will have the final say. As of writing this blog, I have not asked them but plan on calling them in the near future to find out their take on it. In the mean time, I was curious what some of you felt about this. Let me know in the comments section below.

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You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Is it better to be “bilingual” or speak Spanish?
http://blog.123notary.com/?p=19264

Where can I find a Spanish speaking Notary?
http://blog.123notary.com/?p=18824

Index of posts about documents
http://blog.123notary.com/?p=20258

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September 11, 2016

How do I get a foreign language document notarized?

How do I get an international document notarized?
How do I get a foreign language document notarized?

This is a tricky point in Notary law. The answer is that it depends on what state you are living in. California requires the Notary to be able to communicate directly with the signer which means you need to know the same language well enough to communicate. However, California doesn’t require the Notary to understand the document. Other states might require the Notary to understand the entire document.

The Main Function is to Identify the Signer
The main function of a Notary Public is not to understand the document, but make sure the intended signer is mentioned in the document and is the person actually signing the document. The Notary uses identification documents to identify the signer. Normally a drivers license or passport is used to identify the signer.

Find Out Your State’s Rules
Most states allow notarizing foreign language documents if the Notary doesn’t know the particular foreign language. To find out your state’s rules for whether or not the Notary has to understand the document, you can visit your state’s notary division’s website. Many state notary websites omit critical information about many Notary procedures. So, if your state doesn’t specifically say that you can’t notarize a foreign language document, then it is up to your interpretation. However, the certificate for the notarization (which could be a loose form stapled to the document) must be in English and using wording identical or similar in content to your state’s official notary wording.

Direct Communication with the Signer
Some states allow the use of interpreters during a notarization for the Notary to communicate with the signer. It is not safe to do this as the interpreter could make a mistake or deliberately mislead the signer which could lead to trouble down the road. Even if your state doesn’t require direct communication with the signer, I recommended just to be on the safe side.

You might also like:

Notarizing your foreign language document! (Ken’s guide)
http://blog.123notary.com/?p=2768

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

What is a Notary Public?
http://blog.123notary.com/?p=6498

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February 15, 2013

Signing agent best practices: 63 points

Here are a few tips about best practices. Maybe none of your clients will care, or maybe they will even adamantly dislike your best practices. But, if you have any self-respect, you will engage in best practices.

LEGAL & TECHNICAL BEST PRACTICES

(1) Hand written documents.
As a notary, it is not illegal to notarize a hand written document. The issue is if there are cross-outs, or blanks. Blanks make it illegal to notarize, but cross outs are a question mark. Personally, if you care about best practices, and not ending up in court for some stupidity that the signer did, then require typed documents with no cross-outs or blanks.

(2) Don’t pick the type of notarization for your signer
That is their job. Legally, you can not choose for them.

(3) Blanks in documents
Put a line through the blanks or refuse the notarize. (that was quick)

(4) Cross-outs
I would avoid notarizing anything with a cross-out. If you can do a cross out, you don’t know if it was there before the notarization or not. If there is one before, what prevents there from being more after. You can forge an initial without being detected, so cross outs are an indication that you need a redraw.

(5) Affixing your seal over wording
This is illegal in many states. The notary seal should be placed in an area of the paper where there is no wording, and do not sign or write over the stamp impression or you void it. If there is no space, then attach a loose notary certificate and make sure you document all pertinent facts on it.

(6) Loose certificates
NEVER send a loose certificate in the mail or hand it to a client. Always attach the loose certificate to the document, preferably before affixing your notary seal. Always document the name of the document, document date (if any), number of pages in the document, document description on the certificate in addition to filling in the standardized state wording, signing and sealing the form.

(7) Journals
Keep thumbprints in your journal. If your state doesn’t require journals, write them a letter about how poor their standards are and then go and buy a journal from the NNA. Also, there is a section called, “additional notes” in your journal (hopefully). Please use this to write down anything unusual about the signer during the signing, or anything unusual about the circumstances. Write it so thoroughly, that when you are in court five years later about that signing which could have involved fraud on the part of the signer, that you will have your evidence handy! Impressive!

(8) Oaths
If you do sworn Oaths, make sure to have the affiant (know this term) raise their right hand. Make sure to study up on formal Oath wording. Oaths are serious, and you are a state appointed official, so keep it official, okay?

(9) Embossers
If you don’t have a 2nd notary seal, get one. Embossers create a RAISED inkless impression. Use it as your secondary seal, and you can affix it to all pages of all documents you notarize for security. There are many frauds out there who do page swapping after the fact. To avoid page swapping (which could lend you in court for something they did after the fact) use an embosser. That way when you get a phone call 2 months later to notarize that separate page they are adding, tell them that you have to do the whole thing all over again. Sorry Charlie, that is a best practice!

(10) Learn the correct verbiage for power of attorney signings
But, there are four accepted verbiage variations. My favorite is Joe Doe, as attorney in fact for Mary Doe. Always call the lender to find out what type of verbiage they want at a signing. Remember, it is their loan, and just as long as you are not breaking the law — do it their way!

(11) Overseas documents
People overseas have bizarre standards. Some require the stamp to be on the document itself no matter what, but they didn’t put the verbiage in for your state. There is nothing LESS legal about attaching an acknowledgment form, but it is not about the law at this point. It is about whether or not THEY like it! So, find a legal way to handle their overseas the way they like. Once I manually wrote in the California Acknowledgment verbiage by hand and then sealed it. It was legal. Not exactly a best practice, but if they won’t accept best practices, then settle for “best practices under the circumstances”. Chinese are a tough crowd — you will find out!

(12) Initialing
Many Title companies don’t like suffixes such as Junior, or IV at the ends of names. But, if you are Louis Remy Martin IV, then the IV is part of your name, the 4th part of your name to be precise. Ronald R Rubin initials RRR. Get the initials to be correct and thorough. And if a lender doesn’t like it, should you break a best practice for their happiness? I don’t know of any laws about initialing, but making an initial of each part of the name is only logical, right?

(13) Signing for confused elderly people
If you sign for a person in a hospital, or someone who is just elderly. Make sure you have whomever calls you READ the identification over the phone to you including the expiration date. Have them read the name on the document too. Elderly people can never find their ID’s, and if they assure you that they have it, don’t believe it, they are lying. Trust me. I know! I am experienced and you are not! Otherwise you would be writing this blog. Do not notarize an elderly person if they can not move their arm on their own. Do not let their daughter drag their arm across a page that they are signing. You can use the daughter’s arm as a brace, but not a movement device. If the elderly person can not paraphrase what the document says, DO NOT NOTARIZE. And, by the way, the night daughter might be a con-artist who is pretending to help the elderly woman, only to be trying to cheat the old lady out of her money. Notaries beware!

(14) When in doubt, call your state notary division
Sometimes the handbook is just not enough. It doesn’t include all situations, and it is not written in English either. Legalese is not my mother tongue, what about you? Call them and bug them. Do it right or not at all. The NNA offers a good notary law hotline too, but get your information from the SOURCE and call your state notary division as your first choice!

(15) Safeguarding your seal and journal
Keeping it under lock & key is the rule of many states. A locking bag, a locking file cabinet. Keeping it in your car, etc. But, honestly, property DOES get stolen, and you need to protect yourself the best way. If your goodies are in your car, keep in in a place where it won’t get taken in a break-in. Keep it under the seat, or behind some large container in the trunk. I kept it in my trunk, but where the robbers could see it. Everything was in a little bag, and they probably thought it was a lap top and valuable. They were in a rush and didn’t inspect it before they took it. If it is at home, keep it in a locked file cabinet instead of hanging around in your locked bag. Go above and beyond the law for best practices. Keep your seal in a place where it is least likely to be “robbable”.

(16) Be an expert at your state notary laws.
Look them up in your state notary handbook. Keep this book with you. It is your bible when you are at work.

(17) Be an expert at credible witness procedure, and signing by X procedure in your state.

(18) Be an expert at all notary and signing related knowledge.
Don’t half know it or kind of know it. Be an expert, and it will show. You will be higher on people’s list if you are.

(19) Keep four phone numbers with you at signings.
In jail you get one phone call. But, as a notary you get many, and should have three phone numbers. The number of the signing company, the lender, the borrower, and the lenders’s wife. Just kidding about the last one. You need to call the lender half the time at a signing because they are such a careless bunch, that they will not have thoroughly prepped the borrower for the signing, plus there might be unexpected surprises on the documents as well. Be prepared!

(20) Using your seal on a blank piece of paper.
ILLEGAL. However, if you go to a jail, they require this for security. So, affix your seal, and then cross it out and write the words void. It is no longer illegal. It is the BEST way to clean up a WORST practice that the jail makes you do. I joked with them and told them that I thought it was funny that I was being forced to break the law by a guard at a jail. What is the world coming to?

(21) Check the signature on the identification
Does the signature on the identification match the one on the document? Did you check? Start checking.

(22) Bad identification?
Is the identification peeling? Is the signature above the lamination? Does it look like a fake identification document? Do you even have a reference guide to know if it is fake? It is your business to know. Get the NNA book on identification and drivers licenses. Also, take thumbprints. Standards for identification should be a government issued photo ID with a physical description, serial number, signature, and expiration date. Nothing else will do. Whether or not the government issuing the document need to be in the USA or not depends on what your state laws are!

(23) Thumbprints
Take thumbprints for all Deeds, recorded documents, power of attorney — as a minimum. Do this regardless of what your state requires. It could keep you out of court, and time is money. Get an inkless thumbprint pad from the NNA. Get this today. You should not be without it for one nanosecond. They can fake an ID, and fake a signature, but you can not fake a thumbprint.

(24) Don’t notarize for people who ask you to break the rules or who look suspicious.
Are you notarizing a kidnapper, or is the signer under duress? Stay away! It is not worth the money and you could get involved in a nightmare that just doesn’t end. What if someone asks you to notarize them under a different name variation than is what their identification says, and you tell them it is not legal. What if they say, “Oh, come on!!!”. What if they threaten to not pay your travel fee if you don’t? First of all your travel fee should be paid in cash at the door, or just leave. Avoid this type of people. They will make your life twisted.

(25) Don’t backdate
Signing companies will put you under pressure to do this if a borrower will lose their lock. Just say no. Tell them that their lock is their business and that your business is obeying the laws of your state which say, “No backdating“. Tell them that the security of your commission is not worth their convenience. Just leave. Don’t deal with these frauds.

(26) Don’t use white out
White out is a worst practice and will get you fired. Cross outs are a bad practice as well.

(27) Name changes the kosher way
A processor I used to work with instructed me not to cross anything out. Just have the borrower initial under the last several letters of their last name and then sign the way the new name will be typed in the document. After the fact, the processor can type in the new name. The cross-out simply doesn’t help. They just need the initial. The processor can cross it out in a way that they think is professional.

(28) Don’t explain the specifics of the loan or when the loan will fund
Just explain the basic definitions of loan terms such as APR, or rate if your state allows that. Specific information particular to their loan is for their lender to discuss with them. You can get in trouble if you make any explanations or commentary about information specific about their loan. On the other hand, you should be an expert at looking up specific pieces of information. APR is on the TIL and perhaps the Settlement Statement, so tell them that and show them where it is. The interpretation of what the information on the Settlement Statement is up to them and their lender, not you!

(29) Don’t notarize for someone who you can not communicate directly with
Some states allow the use of interpreters. I say you should not as a best practice. The interpreter could be lousy, and misinterpret something that you said. You are leaving yourself open to communication gaps. If you speak a little Spanish and can get by, and the signer understands you and vice versa, that works. Don’t create opportunities for communication gaps. I have traveled to enough foreign countries to know that people in different cultures communicate differently, they say yes when they mean no, they lie, they misrepresent, they save face, and fail to explain things thoroughly (especially asians who do the quickie explanations that leave out 95% of the meaning). I am not knocking foreigners — I just don’t believe half of what they say — and I don’t believe half of what Americans say either since Americans are a bunch of liars too! Speak directly to your signers! Learn oath verbiage in Spanish, or whatever your rusty foreign language is. Learn how to ask if you understand the document.

(30) Have a registered business name
We have notaries on the site who change their business name on our site every month. Each month it is the name of the month. This is illegal. If you have a registered business name that is registered with your county, then that is your business name, and you should have a bank account that takes checks paid to that name.

(31) Don’t draft documents
Unless you are an attorney, or authorized to draft documents, don’t get involved. You can get into bad trouble.

(32) Don’t give legal advice
If you are not an attorney, do not give legal advice. Interpreting laws, or suggesting that a person take a particular legal action might be construed as legal advice or the unauthorized practice of law.

(33) Consult an attorney before doing modifications
Although modifications could be legal in some states under some circumstances, they are often done in an illegal way, and YOU are not knowledgeable to know the difference, or to know what you can or can not do. Consult an attorney or stay away!

PRACTICAL BEST PRACTICES

(34) If you don’t get paid on time, contact the Title company.
They might fire or discipline the signing company in that case.

(35) Charging travel fee in cash upon arrival
It is ILLEGAL for a notary to have beneficial interest in the signing. However, many clients including Title companies will simply not pay the notary if the documents or loan packages don’t get signed, notarized, and funded properly. Unfortunately, that is illegal to put the notary in the position where they will only get paid if they notarize. It is actually a MISDEMEANOR in many states to ask the notary to do something illegal which could include having beneficial interest. If you don’t get your cash up front BEFORE you see the signers, documents or identification, you will be sorry. Get your cash, and THEN see the document. If it is incomplete, that is their problem. No identification, or the names don’t match? Their problem. Signer is in a coma and can not talk — their problem. Some situations will merit waiting time, and you will have no way to enforce your WAITING FEE if you don’t have your travel fee. You will not be in a bargaining situation as they will have the upper hand. If you have your $40 cash travel fee, you can say that you want waiting time when the clock strikes 20 minutes otherwise you are leaving. You have the power that way, and you DON’T have beneficial interest anymore (learn to define this term to be professional).

(36) Contracts with signing companies
Have your own contract that you make companies sign to get a better price with you. Make sure you indicate that if there is any ISSUE with the signing such as a last minute cancellation, no-sign, redraw, or anything unusual, that you get paid quickly. These are exactly the types of situations whre notaries typically get stiffed. So make them pay you faster in these situations so you don’t get stiffed. Even if you charge them a discounted fee. Make them pay within 10 days for these types of signings or charge them a penalty. No contract on your terms, then no discounts for you! Take the upper hand. You are a business person!

(37) Background check all companies who want to hire you
Check them on NR and the 123notary forum — OR ELSE… You will live to regret it if you don’t.

(38) Don’t put the Fedex in the drop box
Fedex is a great company, but they do hire human beings which is their downfall. Not recommended. If a driver changes routes, the new driver might goof (once in a long while) and that drop box in a remote area might not get picked up on time — or at all. Drop your Fedex at a staffed location. The deadlines are later, and it will be in the right hands 100%. Be safe.

(39) Printing on the road
This is a business best practice. If you can print on the road, you will be on time to more appointments, and can print last minute documents in a flash. You will be popular with lenders, plus gain people’s respect for being a prepared trooper. It is very expensive to have a comprehensive mobile office, so be ready to pay through the nose.

(40) Don’t go to houses that smell bad
You can end up in a hospital with a serious bacterial infection. If it is really filthy or smelly, tell them you will do the signing at Starbucks and that you have to leave at 5pm. Risking your lungs is not a best practice.

COMMUNICATION & ETIQUETTE BEST PRACTICES

(41) Don’t talk about the wrong things at signings
Don’t talk about politics or religion. Stick to the weather and traffic, but not in the context of complaining!

(42) Call back etiquette
Announce who you are when you call back. Don’t demand to know who they are until you are politely introduced yourself and explained that you received a missed call from that number. Also, don’t call people back only to tell them that you can’t talk. That is plain stupid and is a worst practice.

(43) Announce who you are when you answer the phone
Do you say, “This is Linda”, when you answer the phone? Or do you say, “Hullo?”. Be professional.

(44) When you confirm the signing, make sure all signers are there
If you do a signing where the wife is not on the loan, she might be on a few of the documents such as the Deed of Trust, Right to Cancel, and one or two others depending on what state you are in and who the lender is. Make sure you know where the wife will be during the signing, otherwise it might be a short signing. Remember, that you don’t know what is on the documents until you get the e-documents which is within minutes of the signing. Plan ahead and confirm the signing.

(45) Make sure your answering machine states your name!
Don’t make people guess if they dialed the correct number.

(46) Don’t ramble, make long pauses, or give opinions
Nobody wants to hear your life story, especially not me or my staff. Nobody wants long answers to quick questions. Nobody likes it when you ask them a question and you pause for 45 seconds to think. Don’t criticize others or give opinions either. Your job is to be a notary. Notaries don’t have opinions — or at least shouldn’t.

(47) Leave enough time between appointments
There is no point being late because you were delayed at your last appointment

(48) Determine how long your signing session will be.
Charge based on time. When you go to a massage therapist, you pay for a 60 minute session. If you go over 60 minutes, the next victim is waiting and they have to stop. Notary signings should be no different. Agree ahead of time how much time they want, and make them commit to that, or don’t work with them. If they want 90 minutes or 120 minutes, that is fine. Have them agree to that up front, and pay accordingly. Your job is not to be delayed endlessly. After all, your next appointment has the right to see your face showing up on time, right?

(49) Don’t have noise in the background when you talk on the phone
If someone calls you and there is noise. Apologize for the noise, and then walk to a quieter location. Don’t let the background noise continue otherwise you are unprofessional in my book.

(50) Don’t park in the driveway.
Your job is not to notarize, don’t put the Fedex in the drop box, and don’t park in the driveway. These are my three golden rules for notaries. Notarize only if it is legal to do so. Bring Fedexes to staffed locations, and park on the street unless there is a good reason why you should call the borrowers and ask if you can park on their driveway.

(51) Know your hours of operation
Never say that you are flexible. Tell people when you are available. I am available from 11am to 2am seven days a week unless I am already engaged, on vacation, or dead. That is a quick and professional answer. Don’t say that it depends. Don’t say that you sign anytime. People who say anytime have such restrictive schedules that they won’t sign any time other than 9-6. Flexible means 9-5:30. These terms mean absolutely nothing. Act like a professional and give people hard numbers when they ask a question — and don’t keep them waiting.

(52) Use your notes section to describe your service thoroughly
Don’t use empty adjectives like thorough and professional. Describe what YOU are like at a signing which is unique to you, so people can get to know you through your notes rather than reading something that looks like you copied it from 3000 other boring notaries who use exactly the same adjectives in exactly the same order. Talk about how fast your laser printer is. Talk about your exact counties or cities that you cover. Give people real information in your notes section, not some empty sounding sales literature that tells them nothing.

MARKETING BEST PRACTICES

(53) Get certified by ALL listing agencies who you advertise with.
If you advertise with ten companies, do all of the certifications. You look like an idiot if you can’t even be a professional at your profession!

(54) Having reviews on your profile from esteemed Title Companies looks great.
It is not a crime to have reviews from “nobodies”, but it is a best practice to have the people who review you be as reputable as possible. Their reputation is your reputation when they write a review about you.

(55) E&O insurance looks professional
E&O insurance looks professional, but is it? It makes it attractive for a company to hire you. E&O doesn’t protect you that much though. You can still get sued if the lender makes a mistake and the borrowers sue all parties involved. This happened before. You will not be covered. It actually encourages lenders to make claims rather than reducing your liability! E&O insurance makes you look good, so get some! But, is it a best practice? Being covered is better than being not covered, so I will call it a “better than nothing practice”. Or, I can call it something that looks like a best practice to the uninformed.

(56) Background screening
If your state doesn’t screen notaries as well as California does with the FBI, DOJ and KGB, then there might be some merit in a background screening.

(57) Advertise on all major directories
Have a well filled out profile, amazing notes, and reviews if possible.

(58) Call all local title companies
Call them up and announce yourself. Call them every month to remind them that you are good, and that you want to work.

(59) Get on the list of all nationwide signing companies.
Fill out the paperwork each signing company requires ahead of time. Make it a best practice to be on as many company’s lists as possible.

(60) Read notary blogs
The more you know, the more impressive and knowledgeable you will be. Know as much as possible to be the best that you can be. 123notary has an interesting Facebook, Linked in and Twitter profile as well. The more you read, the more you know!

(61) Don’t lie about your number of signings
Keep a count. Look them up in your journal. When someone asks you how many signings you have done, don’t ramble about how many years you have been in business. Nobody wants to hear that. Tell them how many you did. 1012 signings, plus there will be another one tonight! Don’t tell them you did two yesterday and three the day before. Nobody has patience to hear you count. Don’t think — KNOW!

(62) Guarantee your work
If you goof, go back and do it again for free. Make this a policy.

(63) Send complete bills regularly.
You need to know exactly what information goes on the invoices you send out. Name of borrower, loan number, address, date of signing, name of lender, etc. Bill regularly and keep good records, including the CHECK # of incoming checks. Otherwise you won’t get paid.

Tweets:
(1) Is it legal to notarize a hand-written document? What if there are cross outs?
(2) Blanks in documents? Put a line through it buddy!
(3) It is illegal to use your seal on a blank piece of paper. Yet jails usually require this! (cross it out)
(4) Notary topics: Hand-written docs, Blanks in docs, seal over wording, loose certificates, overseas docs.
(5) Don’t go to houses that smell bad #mobilenotary
(6) Notary contracts, fees at the door, background screening signing co’s, call Title if not paid on time.

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You might also like:

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

The 30 Point Courses – a free loan signing course
http://blog.123notary.com/?p=14233

Notary Marketing 102 – a free marketing course for Notaries
http://blog.123notary.com/?p=19774

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May 4, 2012

Notarizing your foreign language document!

Notarizing your Foreign Language Document

“The bank refused to notarize the document because it is written in Hungarian”, said the exasperated client to me. “No Problem” for http://kenneth-a-edelstein.com was my reply. There is no requirement for the New York notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.

There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements in New York are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.

Part of some NYC notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some Manhattan banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in
litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At http://newyorkmobilenotarypublic.com that is never the case.

It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures.

Tweets:
(1) No problem – there is no requirement for the notary to be able to read the document (written in Hungarian)
(2) The notary must be able to give an Oath w/direct communication w/affiant (no interpreter allowed)

You might also like:

Where can I find a Chinese speaking notary?

A California Notary Acknowledgment Goes to Taiwan!
http://blog.123notary.com/?p=6981

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Where can I find a Spanish speaking Notary?
http://blog.123notary.com/?p=18824

Apostille Information
http://blog.123notary.com/?s=apostille

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January 21, 2011

Affidavit of Support and direct communication with the signer

Filed under: Affidavits — Tags: , , — admin @ 12:10 am

As a former Notary Public, my favorite type of notarization was for Affidavits of Support. It was not the actual document that I enjoyed. It was the hospitality that accompanied the job which normally included various types of Asian cuisine! I’m not particular. I like pot stickers, fried rice, and rad-na! It’s all good. To do a good job doing an Affidavit of Support Notary job, you need to know how to place your stamp in a very tight area in a form and know how to administer an Oath. But, what if your signer doesn’t know English that well?

State notary public laws vary from state to state. One of the largest discrepancies is how to deal with foreign language documents and foreign language speakers. Some states require direct communication between the notary and the signer. That means that no translators or interpreters are allowed. Even if you know very little of the signer’s language or vice-versa, that might be enough to get through a notarization procedure.

Remember — notary appointments require very little actual communication. You need to ask if the signer understands the document. You need to instruct the signer where to sign the document and your journal. You need to be able to negotiate fees. You need to be able to administer an Oath in their language. You could easily learn to do Oaths in five languages without any linguistic talents to speak of! Just for the record, I used to give Oaths in Chinese and Spanish. I know relatively little Spanish although I can chatter for hours in Chinese with my acupuncturist.

And what if the document is written in a different language? Since an Affidavit of Support is a U.S. Immigration Document, it would be in English. But, what if your signer has some other documents in Chinese Calligraphy to have notarized? Does your state allow you to notarize those documents if you don’t know the language? And what if the signer’s signature is in Chinese Characters? OMG! Or perhaps I should say MSG!

Although some states allow the use of an interpreter, doing notary work is critical, and is a way to preserve and protect the integrity of signatures and Oaths. I personally feel that regardless of what your state laws say, be on the safe side and learn to communicate directly with whomever you notarize. After all, an unknown and/or un-certified interpreter could make a mistake which could cause a heap of trouble! Know your state’s laws before you go out on a notary job!

Tweets:
(1) As a former notary, my favorite type of notarization was for Affidavits of Support because the hospitality that accompanied.
(2) If you specialize in notarizing Affidavits of Support, you might get pot stickers, fried rice, and cash tips.
(3) How do you deal with foreign language docs & foreign language speakers w/o breaking state laws?
(4) Many states don’t allow the use of an interpreter — and this law is not open to interpretation!

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December 5, 2010

Arizona Notary Laws vs. Other States

Arizona notary law and laws that vary from state to state. 
It’s difficult to post about notary procedure on Twitter and Facebook.  No matter how universal a notary law seems, it can differ across state boundaries and the interpretation can differ among individuals too.
 
Credible witnesses
Arizona notary law specifies the term, “Credible person” , which is a way of saying credible identifying witness.  In Arizona, one credible witness who knows the notary as well as knowing the signer may be used to identify the signer.  Different states have different rules for credible witnesses. 90% of states allow them, but some states allow two witnesses who the notary doesn’t know, while others allow only one. California allows one CW if the notary knows them OR two if the notary doesn’t know them.
 
Foreign language signers
An Arizona notary must be able to communicate directly with the signer. Many other states have this same rule.  But, there are a few states where an interpreter may be used between the notary and the signer. 
 
Marriages?
There are a few states where notaries can get a special credential such as Justice of the Peace and perform marriages.  An Arizona notary public unfortunately can not perform a marriage — at least not one that would be legally binding. So, forever hold your peace!
 
Appear before?
In Arizona’s electronic notary rules for electric notaries (which is a separate office from a regular Arizona notary), there USED TO BE conditions where the  signer can be notarized without appearing before the notary for that particular signature.  Read our blog about Arizona electronic signatures for details.  This rule has been changed and signers must appear before the notary according to

Click here
 
Arizona Notary Bond?
Arizona notary bonds must only be for $5000.  Most other states require a larger bond than that.  In California, the bond must be $15,000 for example.
 
Seals and journals
An Arizona notary must use a seal and journal.  This seems fairly elementary, but many states do not require the use of both a seal and a journal. 
 
Marriage or adoption?
Arizona notary law prohibits notarizing for anyone who you are married to or related to by adoption.
 
Legal advice?
An Arizona notary public should not give legal advice and not prepare documents for clients.  Some states prohibit the preparation of legal documents only, while AZ prohibits the preparation of any document. The prohibition of notaries from giving legal advice is standard across the board though.
 
Term
An Arizona notary commission’s term is four years.   A four year term is very common, although the number of years can really vary from state to state.

Please visit our Arizona Notary page!

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November 4, 2010

The Florida Notary issues and quirks

Florida Notary Issues and oddities

Understanding a document
A Florida notary public is NOT required to be able to read all documents being notarized by them, but the signer must be able to read the document. The document must either be in English, or a language the signer can read. This is differently worded from many other states. In California, the notary must be able to communicate directly with the signer, but does not need to understand the contents of the document, nor do the contents need to be in English.

Foreign language signers
The notary must be able to communicate directly with the signer without the help of an interpreter in California. So, if the signer brings their children along to help translate, the notary must decline the job unless direct communication is possible. But, in Florida, the statutes do not specify that the notary and signer must be able to directly communicate, but specify that the signer must have the document translated into a language they understand in order to qualify to get their signature acknowledged.

Verifying a VIN #.
Another unusual official act of a Florida notary is to be able to verify a VIN number on a vehicle. The maximum charge for this is $10 per notary act.

Drafting documents
Other states simple forbid notaries from engaging in legal advice, but don’t spell out exactly what legal advice could consist of. A notary public in Florida is expressly forbidden from drafting any type of document for a client — both legal documents and less formal documents. A legal document is often described of one that might be used in court or submitted to a judge or attorney. Additionally, a Florida notary must not fill in blank spaces in documents as that also constitutes unauthorized practice of law or legal advice in FL.

The Florida Notary Manual page 58 states that a Florida Notary should only sell legal forms and type up documents written by their customers.

Disabilities
A notary in Florida may sign on the behalf of a person with a disability if the disabled person requests. Nobody has ever mentioned any rule like this before on any of our forums.

Notarizing for minors
The state of Florida allows notaries to notarize for minors and should ideally document the minor’s age next to their signature.

Incompetency
A notary may not notarize for an individual who doesn’t seem capable of understanding the meaning of the document being notarized.

Marriages – I do!
Florida notaries may solemnize marriages if the couple provides a marriage certificate. ME, NH, and SC, plus one parish in LA are the only other states we have heard of that allow notaries to conduct marriages, but they need a special extra license in NH to the best of our knowledge. The notary may make up their own verbiage for the marriage, and then complete an official certificate for the marriage.

Also Read: Letter to the Florida Notary Division
http://blog.123notary.com/?p=19896

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August 2, 2010

Typical things notaries do wrong

Typical things notaries do wrong.
Notaries do many things incorrectly, particalar inexperienced, or unschooled notaries.  Clients will ask you to do all sorts of things.  Some things are merely unorthodox, while others are purely illegal.  Here are some things that notaries do wrong.
 
Copies of vital records
From time to time, a notary is asked to notarize a certified copy of a vital record such as a birth certificate, marriage or death certificate.  This is not legal, and not recommended.  It is legal, but not recommended to do what is called a copy certification by document custodian. This notary act is a glorified Jurat, where the individual who is in charge of the document swears to the authenticity of a copy of the document. 
 
Going to hospitals and jails without asking the right questions.
Many notaries don’t want to go to hospitals and jails because they are afraid.  There is nothing to be afraid of, but there are pitfalls.  Many signers in hospitals are elderly and don’t have ID.  Inmates NEVER have ID.  So, the notary must first be sure the signer or their family members / associates have their ID and it is wise to have them read the ID# and expiration date to the notary, so the notary can be sure that they really have the ID and that its current.
 
Leaving seals and journals unattended.
As a notary public, you and only you are responsible for safeguarding your seal and journal.  Even if your boss or co-workers want to use your seal or inspect your journal, its completely illegal. Only the notary can do a journal query, or use their seal.   Carelessly leaving your seal in an unlocked area is also a very serious notary error.  Seals and journals must always be kept under lock and key.
 
Not having the signer present.
Its common for a client to request that a notary notarize a document when the signer is not around. This is completely illegal.  The signer must be  in front of the notary during a signing.  This means within a few feet and able to communicate directly with the notary.
 
Having an interpreter
Many immigrant families have older members who don’t speak English.  They often attend to their business with their children along to explain things and translate.  When they call the notary over, they often don’t explain that the signer can not speak English, since its not a problem due to the fact that they can translate. But, the notary must be able to communicate directly with the signer.  If the signer only speaks Uzbek, and the notary doesn’t speak Uzbek, then the signing is off.   On the other hand, if the document is in Chinese, and the notary only speaks English, that is okay, since the notary is not liable for the contents of the document.
 
Overcharging
The maximum notary fees vary from state to state.  California and Florida are  “generous” offering $10 per acknolwedged signature, while many other states offer as low as 25 cents or two dollars per signature which is hardly enough to make a living.  It is tempting for notaries to charge more than they are supposed to to make it worth their while. This is illegal.  Also, many states have restrictions for what notaries can charge for travel fees.  Many notaries overlook these restrictions.
 
Journal thumbprints and notes
It is critical that notaries get the right thumbprint of the signer in their journal, especially for deeds and powers of attorneys.  This is a great way to deter fraud, and will keep a notary out of court in many instances.  Additional notes are important to keep in a journal too.  If a notary goes to court, they will never remember a signing that took place years ago, unless some notes are kept about anything unusual at the venue of the signing, or anything that is unusual about the signer.
 
Also see:
Everything you need to know about thumbprinting
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4019
 
Backdating
Almost all signing agents will be asked to backdate at one or more times during their career.  Don’t do it.  Backdating is illegal.  Backdating means putting a date prior to the actual date of the notarization on a notary certificate. The date of the notarization is when the signer signs the journal, although the signer can sign a document before the notarization of an acknowledged signature.  Here is some more information about backdating.
 
You might also like:

What do you do if asked to backdate?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4029
 
What is backdating?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3920

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

10 risks to being a mobile notary public
http://blog.123notary.com/?p=19459

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