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February 4, 2019

Compilation – Best blog posts from 2010

Filed under: Compilations — admin @ 6:10 am

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TOP

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

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MARKETING

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Bilingual Notaries – how often are they needed?
http://blog.123notary.com/?p=238

Business cards for Notaries
http://blog.123notary.com/?p=36

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

2010 version – everything you need to know about notary advertising
http://blog.123notary.com/?p=30

Getting Paid the ins and outs
http://blog.123notary.com/?p=27

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SOCIAL

Welcome to the 123notary Blog
http://blog.123notary.com/?p=1

Social Media – what we are doing
http://blog.123notary.com/?p=3

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

TECHNICAL

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

Everything you need to know about journals
http://blog.123notary.com/?p=70

Signature by X
http://blog.123notary.com/?p=203

911 and California Law Changes
http://blog.123notary.com/?p=212

New laws for Notaries in Illinois
http://blog.123notary.com/?p=198

Jail Notary jobs from A to Z
http://blog.123notary.com/?p=151

Credible Witnesses – When ID and docs have different names
http://blog.123notary.com/?p=230

Typical Things Notaries do Wrong
http://blog.123notary.com/?p=58

Meeting clients at a jail
http://blog.123notary.com/?p=274

12 points on eNotarizations
http://blog.123notary.com/?p=228

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January 28, 2019

Can a Notary Act as a Witness?

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

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January 23, 2019

What are Mobile Notary Fees?

The states decide what a Notary can charge for Notary services, but few states have rules for what a Mobile Notary or Traveling Notary can charge for mobile services and waiting time.

Notaries in most states (NV & MD have restrictions I’ve heard) can charge whatever they want for Mobile Notary Fees. There are many factors that determine a Notary’s fees. I will list these factors below. Rates generally range from $20 to $50 for mobile fees plus notary fees which differ by the state.

Experience
Notaries with experience typically set their rates higher. The fee depends on how desperate or arrogant they are. Rates can really vary, so shop around. But, realize that getting the best rate is not always the best idea because knowledge and experience count. Also note, that years of experience rarely translate into knowledge. Most Notaries are show offs and typically brag about how many years they have been doing this job. But, when you drill them on knowledge, you might find out they have about the same knowledge as someone doing this for two years who reads Notary tutorials and handbooks regularly. A word to the wise!

Distance
Notaries charge for distance. Some calculate distance based on miles, while others focus more on how long it will take. Others charge by what county you are in or what particular area you are in. It will save you money if you find someone close.

Time of Day
If you hire a Notary during the day, there are more Notaries operating, and the price is lower. If you want a Notary to go to a hospital at 3am, you might be looking at paying double or triple the normal fee. Sometimes the Notaries who offer 24 hour service will yell at you and ask, “Why are you calling me so late? Do you have any idea what time it is?”

Type of Job
If the job is a document signing or loan signing the price will be more of a standard price. Most Notaries do loan signings for $70 to $110 unless they consider themselves to be fancy in which case the price would be $125 to $175. Hospital and Jail jobs cost more because there is more involved, more legal risk, more waiting time, and the clients are normally more difficult. Additionally, since fewer Notaries will do hospital and jail signings, the price by default goes up.

Printing
If the Notary needs to print or fax anything the price goes up.

Waiting Time
If you keep an experienced Notary waiting, they will normally want to get some sort of compensation for their time. Some have a set rate while others have a very foggy idea of what to do if you keep them waiting. Try to be prepared so you don’t keep anyone waiting.

Legal Advice
Please do not ask a Notary for legal advice. They are not authorized to give any, and you will not get good information from a notary about legal matters anyway unless they are an Attorney Notary. Ask an Attorney who is competent and specializes in whatever your question is.

Document Drafting
Ask an Attorney where to get your document drafted and what terms to put in it. Notaries should not help in drafting documents unless they are legally authorized to do so which is rare.

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You might also like:

A comprehensive guide to Notary pricing
http://blog.123notary.com/?p=16504

How much does a Notary charge in 2019?
http://blog.123notary.com/?p=21308

Best humorous Notary Posts
http://blog.123notary.com/?cat=3241

If you overcharge — notary fines and penalties
http://blog.123notary.com/?p=6903

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January 18, 2019

Notary Etiquette 104 — Miscellaneous

Filed under: Etiquette — Tags: — admin @ 10:32 pm

MISCELLANEOUS NOTARY ETIQUETTE TIPS
Return to Table of Contents for – Notary Etiquette 104

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1. Don’t sell people’s signatures or personal information.
It is bad manners and possibly illegal, and definitely unethical to sell or distribute anyone’s private information.

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2. Don’t second guess family relationships.
I once thought the wife was the guy’s mother. Oops!

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3. Handling criticism
Notaries can get very rude or defensive if criticized. The psychology of a Notary is one who claims they know everything when in reality they typically know about 30% of what they need to know and manage to get by with this sub-minimal knowledge. If you make a mistake and someone calls you out on it, don’t argue, just try to understand what you did wrong or allegedly did wrong and learn from that experience. I sometimes quiz Notaries by phone and they get very hostile when I tell them they made a mistake. You won’t learn to be smarter or impress your clients by getting belligerent when criticized — treat it like a learning experience and it might just better you.

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4. When to call the Lender
Some Notaries will call the lender if they don’t know if they should sneeze or not. Calling the lender can end up in a forty minute phone call. You will have trouble getting out of the house where the signing takes place if you call the lender. So, only call if you absolutely have to. In the 30 point course on our blog we have a chapter all about when to call the lender and when not to.

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5. Is it rude to ask for a thumbprint?
This is a topic of debate and even hostility with the Notaries. For your safety you need to take thumbprints. But, many Notaries think that it is not only unnecessary but bad to take a thumbprint because what if you offend someone? I am more concerned with what happens if an imposter drains the equity in someone’s house, the Notary ends up in court for two months without pay, and someone goes to jail. To me that scenario weights a lot more heavily than if someone is offended because you ask them for a journal thumbprint. If the FBI is investigating you because you notarized an identity thief, the falsified information, fake name, fake ID, and fake serial number from the ID will lead the FBI nowhere and they can name you as a suspect in a conspiracy and you could end up in huge trouble. A thumbprint could save your life, so take it seriously.

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6. The document is not in English
You need to refer to your state’s notary laws. Many states will allow you to notarize a document in a foreign language providing the signer understands what they are signing. If you are going to upset someone by saying no to a transaction, make sure you have the right to turn down the transaction before you ruin their day.

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7. Notarizing the elderly
If you are notarizing people who are very old, or in a hospital, ask them some polite questions about current events. Make sure they know who they are, what the document means, and if they know who is in the White House these days. Some people are out of it, so find a nice way to drill them a little bit.

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8. Rude posts on social media
If you think that nobody is reading your social media posts, think again. There are a lot of very hostile and psychotic Notaries out there who are bashing all types of Notary companies including our own. This is rude and belligerent behavior. Many title companies will not hire Notaries who are involved in this type of behavior.

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9. Being obstinate about answering questions.
When companies ask Notaries Notary questions, many Notaries do not want to answer. They feel they are professionals and therefore should not be questioned. The sad reality is that most Notaries do not have a solid notary knowledge and that is why those questions are a necessity. So, be polite and just answer a few questions without trying to wiggle out of it.

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10. Answer emails and phone messages fast.
Keeping people waiting is very rude. Try to get back to people as soon as possible.

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January 5, 2019

A forged Notary seal ends someone up with a prison sentence

A man from Glendale, CA earned himself a ten year prison sentence by forging a Notary seal in an attempted to conduct a 5.4 million dollar Mortgage fraud scheme. There were two co-conspirators who each served sentences themselves. One was for 6.5 years and the other for 4. years.

The fact that the criminal had altered an “authentication feature,” made the sentencing longer according to federal guidelines. The criminal used falsified documents using his false seal to fool county recorders.

Crimes like this involving Notaries engaging in fraud relating to real property (such as houses, etc.) are the worst crimes that a Notary can commit and normally end up in jail time. There are other things Notaries typically do wrong like falsifying dates on certificates which can also get you in a lot of trouble. Notaries typically do not administer Oaths correctly, or at all which can result in your commission being revoked. As a Notary, you really need to consider the fact that if you fool around with your commission, it can be taken away from you.

There was another case where a Sacramento Notary was involved in a 19 million dollar fraud scheme by impersonating NNA’s 2007 Notary of the Year. The perpetrator fled to Lebanon and was arrested upon re-entering the United States. Sampson, the Notary whose name was fraudulently used protected herself by showing her journal to prove that she had not performed those notarizations.

Let this be a lesson to those who say, and often in a whiny voice, “My state doesn’t require journals.” Without that journal, you could be accused of conspiracy in a 19 million dollar fraud scheme or identity fraud, or worse…

You might also like:

See our string of posts about Notary fraud
http://blog.123notary.com/?s=notary+fraud

California man pleads guilty in stolen Notary ID case.
https://www.nationalnotary.org/notary-bulletin/blog/2012/01/california-guilty-notary-id-case

What is the burden of proof for Notary fraud?
https://www.avvo.com/legal-answers/what-is-a-burden-of-proof-for-a-notary-fraud-in-ca-2629309.html

Notary Public Seal
http://blog.123notary.com/?p=21411

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What is the penalty for notary fraud?
Notary Fraud California
Notary Fraud New York
Notary Fraud Florida
Can a Notary be sued for fraud?
Fraudulent Notarization Pennsylvania
Fraudulent Notarization California
Fraudulent Notarization New York
What is the legal charge for witness and notary for fraudulent signatures
What is the punishment for an attorney notarizing a fraudulent document?
What to do about a fraudulent notary signature

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December 30, 2018

When are you required by law to do Oaths?

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

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

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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November 21, 2018

12 questions to ask for hospital notarizations

SAFETY TIPS AND 12 QUESTIONS TO ASK FOR HOSPITAL NOTARIZATIONS:
I get calls frequently for Notarizations in Jails and Hospitals.
This blog will focus on things you must do to protect yourself from lawsuits and damages when you get a desperate call to go out to a hospital to notarize documents to be signed by a patient, moistly a Power of Attorney. The phone call invariably comes from the child who has a parent admitted to the hospital.
What do you do as the Notary when the person calling says they will pay you whatever you charge as your mobile fee? Remember Rule #1: It is not always about the money. It is about your ability to follow the Notary laws and perform your job without taking short cuts.
The following list of questions is a short summary of the steps I have actually taken when I got such a call.

1. What is your relationship to the patient?
2. Do you have any other siblings or relatives who have a beneficial interest in the transaction?
3. Is the patient conscious? Coherent? On any medication?
4. Does the patient have a current valid ID with him or can you make it available when the notary arrives at the hospital?
5. Is the patient able to sign his name without any help?
6. Does the patient speak English and can he understand and answer simple questions coherently?
7. Does the patient have an attending physician and a Nurse assigned to him?
8. Do you have the number to the attending physician and nurse because I need to talk to them to get an accurate idea of the health and overall condition of the patient?
9. When can I talk to the patient directly by phone with a nurse present in the room?
10. What type of document are you having notarized?
11. What dates and times work for the patient?
12. My mobile fees are _____ and $15/signature notarized. After I get there if I make the determination that the person is unable to understand anything I ask him or is being forced to sign, I will not be able to notarize the document but will still charge you my mobile fee for coming out based on your representations over the phone. Are you okay with that because I don’t want to get into any arguments after I get there?

Believe me there has been more than one occasion I can recall where I had to leave without notarizing a document because the patient was unable to understand anything I asked, was incoherent and simply could not sign or even hold a pen to just mark an “X”. It is better to walk away from a Notarization where you know instinctively that it is wrong because the signer is not aware of what he is signing and inevitably you will end up being a party to a litigation by interested parties who believe that the Notary failed to take into account the coherence and soundness of mind of the signer at the time of the Notarization. This would invalidate your notarization and worse yet force you to pay legal expenses to defend yourself. Is it worth it? Absolutely not!

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You might also like:

The carrot, the stick, the notary, and the bag
http://blog.123notary.com/?p=3951

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

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September 11, 2018

Logic errors can cost you as a Notary

Many of the mistakes that Notaries make are logic errors. Not being a logical person, or having a low IQ are dangerous in the Notary profession. I believe that state Notary divisions should require an IQ of 95 minimum simply because the misapplication of rules often happens because of incompetent or sloppy thinking. Additionally, not being meticulous can really cost you and your clients as a Notary. Missing items on forms, or missing items when you check forms can lead to court cases. One wrong number or one missing initial can ruin a loan. It is not safe being a Notary unless you are a very cautious and logical person. Let me elaborate how an illogical Notary can get in trouble.

1. Additional Information Sections in Loose Acknowledgements.
The illogical notary says, “This is not legally required, therefore I will not fill it out.” Unfortunately, a fraud can switch the acknowledgment from the document it was supposed to be on to another document signed by the same person which was not “notarized” and get away with it. The reason being that the Loose Acknowledgment was not labeled as to which document it belonged to.

The optional additional information section goes over the document name, document date, number of pages, other signers, capacities, and perhaps more. With all of that specific information, it would make it difficult but not impossible to find another similar document to swap the certificate to. If you want to be even more cautious like me, get a secondary embosser seal that leaves a raised impression and emboss all of the pages in everything you notarize. Then, if someone swaps pages or an Acknowledgment, it would be easy to catch the fraudulent act.

2. Not stapling forms together
If you do not affix, attach, or staple an Acknowledgment form to a document, or if you do not staple the document together, it is easy to swap pages after the notarization is complete. Swapping pages is illegal and unethical and dangerous, so you want to prevent this from happening. In California, not stapling Acknowledgments to documents is also illegal. An illogical person would not see the necessity of stapling forms as they do not bother to think of the reason why they should be doing it and what can go wrong if they don’t. Yet another reason why illogical people should not be Notaries.

3. The John Smith Dilemma
When I ask dumb Notaries this question, they normally get it wrong which is dangerous as you can end up in court for screwing this up regularly.

If the ID says John Smith, but the signature on the document says John W Smith, would it be prudent to notarize the signature under the circumstances.

The most common answers include:
You can always over sign — this is a title rule and not a legal rule. The legal rule is that you must prove a signer’s name/identity in order to notarize them. The meaning of “you can always over sign” means that if the name inscribed in the signature section of a document says John Smith, but the signer wants to sign John W Smith, that Title will not mind. Although in real life that is a matter of preference and Title might mind.
Just ask for another ID — once again, another illogical answer. Of course you can always ask for another ID, but in this circumstance there is no other ID. Having a second ID would be a different circumstance, and not the one mentioned. Additionally, in a yes/no question, you need to give a yes/no answer otherwise you are not being logical and also not proving you know the answer to the question which is NO.
The longer not shorter rule — this is not a rule and can easily be reversed. Never memorize a rule that can be reversed. The ID can be matching but longer than the name notarized. But, the ID cannot just be longer. The signature notarized can never be longer than the ID if you follow prudent procedure although some states have wishy-washy identification rules and might allow this.

My logical answer is that the ID must prove the name you are going to notarize the signer under. The ID can be matching but longer than the signature on the document, but not unmatching or shorter.

4. Understanding basic notary acts
You could get in trouble for not understanding basic notary acts. If a client asks if you can notarize an Acknowledgment when they ALREADY signed the document, most Notaries would say no. However, almost all states do not require the signer to sign in the presence of the Notary, but only to Acknowledge in the presence of the Notary — a distinction an illogical person often cannot make. So, by not understanding the rules, you will deny a valid request for notarization which is by definition — illegal. Many Notaries deny legal requests all day long and then accept illegal requests because they are completely ignorant of Notary law and procedure which describes most of the Notaries on our site which is appalling.

5. Omitting or scrambling required Oaths & Affirmations
The illogical Notary doesn’t realize that Oaths are administered in all states by Notaries and that they are required for Jurats. The illogical Notary makes the following mistakes.

Omitting the Oath / Affirmation — It can be considered a felony of perjury to omit an Oath when you filled out a paper stating that an Oath was taken. Yet many Notaries are completely unaware that they need to administer Oaths and don’t even care until they get busted and have their commission revoked which doesn’t happen very often.
Giving an Affirmation instead of an Oath — Many Notaries who were asked to give an Oath used the word affirm because they don’t like the idea of swearing. That constitutes choosing the Notary act for the signer which is not allowed. The signer decides if they want an Oath or Affirmation, so you should probably ask if the law allows for either or.
Giving an Oath as to the identity of the signer — if you are giving an Oath about a document, having the signer swear their name is John Smith does not constitute an Oath about the document unless the document says, “My name is John Smith.” An Oath is incomplete or not administered unless it is topical to the subject matter. An Oath for a document should be regarding the truthfulness of the document.
Giving an Oath regarding that the signer signed the document — once again, by law a Jurat signature must be signed in the presence of the Notary, and the Oath should be about the truthfulness of the document and not whether they signed it.
Unique state laws — if your state requires more than just swearing that the document is correct, then by all means, fulfill your state requirements which we know nothing about here at 123notary. However, if you fulfill the other state requirements, but don’t administer an Oath regarding the truthfulness of the document and I caught you as a judge or notary division worker — your commission would be revoked on the first offense as that is perjury and undermines the integrity of the Notary profession and society.

In short, being illogical as a Notary can not only cost Title companies thousands and get you fired, or sued. Being illogical as a Notary can even get you jail sentence of up to five years for perjury which is a federal law which has no regard to the particular laws of your particular state. So, learn to be a correct Notary and keep in touch with your Notary division so you don’t goof on anything.

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You might also like:

5 books every notary should own and read
http://blog.123notary.com/?p=3668

Oaths — how Notaries completely screw them up!
http://blog.123notary.com/?p=19369

The grace period after your signing
http://blog.123notary.com/?p=19465

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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September 4, 2018

Find a Notary who can notarize an inmate at Men’s Central, Twin Towers, Century Regional. Pitches Detention Center

Do you need a Notary who can do prison notarizations? 123notary has many Notaries who offer mobile service to jails, prisons, correctional facilities, penitentiaries, and detention centers. Here are some issues involved:

1. Someone needs to meet the Notary at the jail. That person can be an Attorney, family member, friend, or paid assistant.

2. The inmate must have identification that is satisfactory to the state where the notarization takes place. It is ideal if the person meeting the Notary has a current ID for the inmate such as a valid and current driver license, ID card, passport, etc. However, if the inmate has a wristband or jail ID card that is acceptable to the state where the notarization is taking place.

3. A California Notary may accept an inmate identification card issues by the state Department of Correction and Rehabilitation.

4. Florida allows Notaries to accept inmate ID cards issued by the U.S. Department of Justice or Bureau of Federal Prisons.

5. Credible witnesses are allowed in most states. A credible witness is a person who can vouch for the identity of a signer who does not have ID. Typically the credible witness must swear under Oath as to the identity of the signer (exact procedure depends on state laws) and must be identified by the notary and sign the journal in the additional information section. Some states allow one credible witness who knows both the Notary and inmate while others allow two who both know the signer, but don’t necessarily know the Notary. Other states allow one or two, while some states do not allow identification via credible identifying witnesses.

6. In states that require a journal, you must find a way to get the journal to the other side of the glass. Normally a warden will be happy to assist you with this task, however wardens might keep you waiting for five or ten minutes in my experience.

7. Lock downs happen in jails. If a lock down happens, you might be asked to leave, or might be taken virtually hostage until the lock down is over.

8. The Notary must have full vision of the signer and the signer must appear before the Notary. It is okay if the signer is on the other side of a glass provided that direct communication is possible. In my opinion, the signers should be within about five feet of the Notary otherwise you cannot fulfill the “personal appearance” requirement of most Notary acts.

9. Power of Attorney documents are common documents to be notarize in a correctional facility. That document normally requires an Acknowledgment which is a common Notary act which just requires the signer to sign the document, and then sign a Notary journal (most states but not all states). The Notary would need to check whatever ID the inmate has available and enter that information into the journal.

10. You can find a Notary on 123notary.com to do your jail signing. It is best to bring cash, and pay the travel fee up front. Then pay waiting time and whatever fee there is per signature after the work is done. Each Notary has their own fee and method of collecting their fee. Paying in two stages makes it easier for the Notary as some people try to get out of paying the Notary at all if there is any type of problem getting the inmate to come to the visiting room or sign, or be identified.

You might also like:

See our Jail Notary string
http://blog.123notary.com/?tag=jail-notary

A guide to notarizing for prison inmates
https://www.nationalnotary.org/notary-bulletin/blog/2016/07/guide-notarizing-for-prison-inmates

Jail notarizations forum string
http://www.notaryrotary.com/archive/forum/2009/March/Jail_Notarizations.html

Jail signing information
https://www.linkedin.com/pulse/notary-jail-signing-information-susana-landa

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Is a state prison ID government issued?
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Can you go to jail for notarizing a family member in Florida?

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August 31, 2018

Shark Tank — Notarizing in the shower for executives

Filed under: Sit-Coms — Tags: — admin @ 9:15 am

ANNOUNCER: Next in the tank is an invention that can help busy time-strapped and soon to be clean executives get notarized in the shower so that they can save time.

FRANK: Greetings, contestants. I am Frank and I’m asking for $500,000 for 10% of my company called Shower Power Notarizations. How many times have you taken a shower and thought, man, I wish I could be multi-tasking while I were here. I wish I could get my such and such notarized. Well now you can, with my brand new Notary in a Tub business model, Shower Power Notarizations — “All the more shower to you.”

At Shower Power Notarizations, we are a service, with specialized dispatching of Notaries, and special patented waterproof Notary seals, documents, pens, and clothing, so that we can shower the executives of the nation with outstanding services while they are in the shower. We cater to the highest ethical standards. But, we do recommend to our clients who engage in fraud to start practicing now — the art of not dropping the soap. We also do jail notarizations, because we want a 10 years to life relationship with our clients, even if they are not the most ethical.

Mr. WONDERFUL: You’re telling me that I have to pay you half a million dollars for the insane hope that someday I make my money back on an invention that allows perverts who watch me take a shower and ask me to sign something afterwards?

FRANK: Well the perverts don’t watch you take a shower, they watch the executives take a shower, and normally the signing happens behind a curtain so that the Notary doesn’t see the signers’ other pen (if you know what I mean). And if it makes you feel any better, we throw in a free rubber ducky with every signing.

ROBERT: So, can I try your invention?

FRANK: Sure, just get into these swimming trunks and hop in. Here’s your notarized document.

ROBERT: I don’t wear trunks when I shower.

MARK CUBAN: Quick, activate the pixelation.

FRANK: Okay, I’m handing you the waterproof Notary journal. Sign here. In our state, they require wet signatures anyway.

ROBERT: Okay, I’m signing the journal and I already signed the document. That’s okay right? By the way, am I signing my life away with that document?

FRANK: No, it’s an affidavit saying that you like Donald Duck.

ROBERT: Well, just as long as it’s not Donald Trump.

FRANK: Okay, I’m stamping the document… Done!!! One minute and forty-three seconds. How is that for saving time in your executive life? Here is your complimentary rubber ducky with our company branding on it.

ROBERT: I’ll let you clean my body, but you’re not going to clean out my bank account. I’m out.

Mr. WONDERFUL: Deactivate the pixelation!

MARK CUBAN: If we buy 10%, could you throw in a few rubber duckies to sweeten the deal? Strike that. Your invention is all wet, in more ways than one. I’m out.

LAURI: I’m sorry to say this, but this is a rare incident where I would have to say — The Notary is a Quack. I call them when they’re zeros, and I call them when they’re heroes. And this one is a hero!

BARBARA: Are you nuts?

LAURI: I could sell this on QVC. We can demonstrate it with you in the shower. But, I’m going to need a lot more equity. 10% doesn’t get me excited.

Mr. WONDERFUL: What about watching Frank naked in a tub? Would that get you more excited?

LAURI: More excited than looking at your naked head.

ROBERT: How are your sales?

FRANK: Year to date, we have been flooded with orders and none of our overhead went down the drain. We grossed four million our first year. You cannot underestimate the severe time depravity and time poverty of executives. Saving them even one minute will make their day. These people all have assistants that make more than $100,000 per year by their side who will vouch for that fact. We sell to people who have more money than time with a very specialized service with a very high profit margin and strong popularity. Don’t throw cold water on us just yet.

LAURI: I’m going to make you an offer, Frank. But, I want a lot more equity. I’ll give you the $500,000, but I want 50% of your business.

ROBERT: Shazam!!! She’s really throwing out the baby with the bathwater, Frank.

Mr. WONDERFUL: This is the biggest nothing burger I ever saw. You should take it back behind the barn and shoot it.

FRANK: You don’t have to get all in a lather about it.

Mr. WONDERFUL: I’m out.

FRANK: Okay, 50% is a little steep.

LAURI: Do you have a counter?

FRANK: I stick to bathrooms not kitchens, so I don’t have much of a counter. But, how about 25%.

LAURI: No, I have to stay at 50, it’s going to be a lot of work getting this out there.

FRANK: I don’t like your conditioner… I mean conditions. I’m out.

LAURI: You can’t be out, only we can say I’m out.

FRANK: This whole experience has left me feeling dirty. I’m going home to take a shower.

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You might also like:

Shark Tank Episodes including: Self-Driving Notary, Shazamdocs, 123notary wants to sell 10% of its shares, Notary EscrowPal, A Notary enters the Shark Tank, and more…
http://blog.123notary.com/?tag=shark-tank

Snapdocs’ Business Model doesn’t add up!
http://blog.123notary.com/?s=snapdocs

Notary Sexual Harassment Issues
http://blog.123notary.com/?p=19698

Compilation of posts about Notary themed restaurants such as Notary Italian Restaurant, Sam’s Notary BBQ, Notary Nook, Tandoori, Sushi, Tqaueria El Notario, Notary Starbucks, Wine Country Notary, and more…
http://blog.123notary.com/?p=17442

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