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April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

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Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

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Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

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Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

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What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

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Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

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Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

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There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

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These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

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You might also like:

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

30 Point Course (28-30) Beneficial Interest, Negligence, E&O
http://blog.123notary.com/?p=14532

Seal Forgery, it happened to me
http://blog.123notary.com/?p=724

Fraud & forgery in the Notary profession
http://blog.123notary.com/?p=2294

What is a venue in a notary certificate?
http://blog.123notary.com/?p=8454

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April 28, 2021

Tips for getting more assignments as a new Notary

Filed under: Advertising — admin @ 9:50 am

Here are a few tips for the new folks to get more business.

1. Take jobs that others won’t.
Most Notaries are picky. They want the best jobs for the highest price from the nicest companies. If you are trying to develop a reputation and get signings under your belt, do the opposite! Take signings that are far away, pay little, involve a lot of fax backs, or sound difficult. You have to get your foot in the door.

2. Advertise on all the major portals and directories
Snapdocs, 123notary, Notary Rotary, Notary Cafe, and others

3. Advertise in more counties on 123notary
We don’t even charge for this. Once you are listed you can have up to 12 counties, and sometimes we can accommodate for more. If the database cannot accommodate them on one listing, we can create additional listings which generally is not free, but for an affordable cost if you want a larger net.

4. Call all signing companies in the nation that are doing a lot of business. Talk to all title companies within 90 minutes of you as well. If they need pick up and delivery, you might be their person.

5. Having mobile equipment helps
Mobile printing, scanning, faxing really helps. But, if your equipment is at home, make sure to have a dual tray printer, a reliable scanner, fax, and whatever else your clients say they need.

6. Network
Get listed with your local chamber of commerce, let local hospitals, Attorneys, nursing homes, airports, jails, bail bonds people and Real Estate brokers know you are in business. Often they have their own Notaries, but people get sick, quit, or won’t notarize due to conflict of interest.

7. 25K E&O Insurance
This is the minimum, but some people get up to a million to let people know they are serious. An absolute beginner should probably stick to 25 or 100K. But, you an upgrade if you start getting title work because the title companies want more.

8. Let everyone know you are a Notary
People often need a Notary and it is handy if one lives nearby who people know. Mention you are a Notary on your Facebook page, Twitter, at networking events, to your neighbors, the local stores, and anyone else you can think of.

9. One certification is good, but…
It is good to be “certified”, but having three or four certifications lets people know you are three or four times as serious as the others.

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April 4, 2021

Notarizing During Covid – by Muthiah

Filed under: Other Guest Bloggers — Tags: — admin @ 5:30 am

There is no user manual for performing notarizations during Covid other than the generic precautions offered by the CDC.

I have performed a few mobile notarizations over the past 6 months after the onset of the Covid pandemic and have the following advice based on my experience.

First and foremost, recognize that MONEY cannot buy HEALTH. Therefore, be prepared to walk away for a mobile assignment under the following situations. This is not an exhaustive list for a good starting point.

1. Avoid traveling to hospitals, Jails and Nursing Homes even if the signer offers to
pay you more money. COVID is more rampant in these facilities and so don’t
expose yourself to an environment that is conducive to COVID.

2. Ask lots of pertinent questions on the phone such as if they have COVID, if they
have come in contact with anyone who has COVID or if they are under
quarantine orders by the health department. Often times you can tell when
speaking to someone if they are not giving you a straight answer. If you have
even a remote suspicion that you may be walking into a COVID environment, you
should not accept the assignment.

3. Make sure that the place you are going to notarize is spacious so that you can
distance yourself and be safe.

4. When you get to the place that you are notarizing and find that the signer is not
wearing a mask or if there are too many people in a small space or if something
there makes you uncomfortable, just walk away. Remember your health and your
family’s health is more important than the money you get paid.

If you are completely comfortable only then perform the mobile notarization.

Muthiah Nachiappan

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March 18, 2021

Don’t repeat your name in your notes

Filed under: Your Notes Section — admin @ 4:44 am

When people look at the search results, they see your name, city, phone, cell, and the top of your notes. If you repeat your name in your notes or that you are a commissioned notary in the state of Delaware, you are wasting space.

The reader ALREADY knows you are a notary in Delaware, otherwise why would you advertise on 123notary in the Delaware section? — Unless you were insane… They already know your name is Rhonda as it says two lines above that you are Rhonda. Do you need to tell them twice? That space at the top of your notes could be used to tell them what makes you different from the other notaries. Perhaps you visit jails, hospitals, do debt consolidations, or are good with pets.

The bottom line, or in this case the top 200 characters are that you should not tell people something they either already know or do not need to know. Tell them salient features about your notary service, experience, or designations.

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December 2, 2020

Everything you need to know about writing a great notes section

Filed under: Comprehensive Guides,Ninja Theme Articles,Popular on Facebook (some),Popular on Linked In,Popular Overall,Your Notes Section — admin @ 5:54 am

Originally posted Feb 1, 2016.

Most Notaries underestimate how critical it is to have an amazing notes section on your listing on 123notary.com. They just write how they are background screened and have E&O insurance. They stop there. Yes, this is important information and it can be a deal breaker if you don’t have the right background screening from the right agency, etc. However, the Notaries who get lots of work from 123notary tend to have 123notary certifications, reviews from satisfied clients and a very thorough notes section. So, what is the secret? The secret is to be specific, unique and well organized in what you write about yourself.

(1) Selling Features
The top of your notes section should stress selling features. What can you say about yourself that others might not be able to say that would make someone want to hire you. “I’m reliable.” Everyone claims to be reliable, and then they show up late making a mockery out of their claim. Try something that you can put your finger on. But, I really am reliable? Yes, but your notes section can’t prove it — so skip it. Instead, let’s think about what types of loans you know how to sign. Don’t just say, “all types.” List them one by one. Do you have some unusual qualifications? Were you Notary of the year? Do you do jail or hospital signings? Are you fluent in Uzbekistani hill dialects? These are things that help you stand out. Were you a CEO of a Mortgage company? That helps too. If you have Escrow, Title, Underwriting, Processing, Settlement, or general Mortgage experience, that is a huge plus on your notes section. Make sure to indicate that high in your notes. Remember — the first 200 characters of your notes show up on the search results for your area, so digress to impress! (actually don’t digress, but use that space to squeeze in as many selling features as possible)

(2) Specialties
One of the most valuable pieces of information you can include in your notes are your specialties. Instead of bragging about how you are error-free or dependable (which nobody wants to read,) instead list the types of loans you know how to sign, types of major documents or procedures you are familiar with. Do you go to airports, offices, or jails? Do you do Weddings or Apostilles? People are very impressed when you have highly specialized skills, so mention them.

(3) # of loans signed
Most Notaries up date the # of loans signed once in four years. When I mention that their profile says they signed 200 loans, they say, “Oh, that was five years ago. I must have forgotten to login — I’ll go in there.” You need to “go in there” and update your info every few months or you will have information that is collecting cyber-dust.

(4) What is hot and what is not?
Radiuses are hot. If you have a wide radius, tell the world. 100 mile radius shows you are serious (or crazy.) Last minute signings are a good thing to mention. Do you accept faxes or are willing to do fax backs? That narrows it down. Are you background screened? Is it by NNA or Sterling or someone else — if you’re screened by the wrong agency, you don’t get the job! Do you know how to do eSignings? That will make you stand out!

(5) Professional memberships and certifications
Are you NNA Certified, Notary2Pro certified, 123notary certified, or trained by some other agency. It is impressive especially if you have four or five certifications. Mention these as well as your memberships. But, please don’t say you are an NNA member in good standing. The only way to be in bad standing with any agency is by not paying your bills or perhaps being convicted of a felony.

(6) What is unique about your service?
Is there something unique about the way you do your work? Or do you have a catchy unique phrase about yourself? It is very hard for most people to think of anything unique about themselves. But, if you really put some thought into it over an extended period of time you might come up with something good. We have two blog articles below with some of the best unique information we’ve ever seen.

(7) Avoid vagueness
Did you work for 10 years in the legal industry? What does this mean? Were you the company president or did you mop the floor for an Attorney. State your job title or what you did very clearly. If you were a legal secretary of Paralegal, that is good to know. Not a selling feature. Additionally, try to be specific about your claims. Rather than saying how good you are with people, give a concrete example of how you are good with people, or what experience you have that proves you are good with people.

Also read:
General (vague) vs. specific information in your notes section
http://blog.123notary.com/?p=4602

(8) Avoid restating information
Many Notaries restate their company name, their company mission, phone and email in your notes. Your notes is to give additional information about your service, and not to restate what the reader already knows. Remember, those top 200 characters go in the search results, and if you say, “We are here to serve” nobody will click on you.

(9) Counties served
There are 12 boxes where you can indicate your counties served. If you wish to restate this info in your notes, put it near the bottom as this is not a selling feature. If you want to indicate which parts of which counties you serve, the notes section is the only place to go into such detail. Others choose to mention specific towns or cities served. Please avoid stating which zip codes you go to as that is too nit-picky.

(10) Writing about your mentor
New Notaries always want to bend my ear about how they don’t have experience, but their mentor has signed 10,000 loans and they have been to many signings with their mentor. After hearing ten minutes about their mentor I say, “I’ll hire him — I’m convinced — But, I wouldn’t hire you in a million years because you don’t stand on your two feet!” Don’t talk about your mentor. Talk about what training programs you have passed.

(11) Writing about your Real Estate background
Notaries regularly write, “I am a Realtor and therefor am familiar with the documents.” But, when I quiz them on the documents they fail almost every time. Also, many Notaries will write three paragraphs about their Real Estate business or Process Serving, etc. People are coming to 123notary to find a great Notary, not a Real Estate agent. If you want to quickly mention in the middle of your notes that you are a Realtor, that is fine, but don’t make it the central point of your notes.

(12) Educational background
If you want to write about your degrees or former professional experience, unless it is Mortgage related, it should go in the middle or lower middle part of the notes as it is not critical information in the eyes of the reader.

(13) Equipment
Yes, you can write about your equipment. Sometimes we recommend using bullet points for quick points such as E&O, certifications, and equipment. You can mention what type of printer, scanner, fax, or mobile office you have. Just don’t put this up top. It belongs in the middle or lower middle of your notes.

(14) Closing statements
Some Notaries choose to have a closing statement while others don’t. We like it when Notaries do. You can say, “Thanks for visiting my listing.” Or say something a little more unique.

(15) Don’t jumble everything in one paragraph
A good notes section is divided into several logical sections. We normally like to see an intro with selling features, an about you paragraph, some bullet points, and a closing statement. There are many formats for winning notes section and you can decide what is best for you.

(16) Ask for help
123notary gives free notes makeovers. However, we cannot write the content for you. We can filter and reorganize it though. When we redo people’s notes sections they average an increase of 55% more clicks per day to their listing. So, ask! And get some reviews on your listing while you’re at it!

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Other Great Notes Articles

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

10 quick changes to your notes that can double your calls
http://blog.123notary.com/?p=4499

What goes where in your notes?
http://blog.123notary.com/?p=1076

2014 excerpts from great notes sections
http://blog.123notary.com/?p=13613

Unique phrases from people’s notes sections
http://blog.123notary.com/?p=14690

Stating the obvious in your notes section
http://blog.123notary.com/?p=14146

A Notary included a copy of her testimonial in her notes
http://blog.123notary.com/?p=4680

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November 21, 2020

What are dangerous places for a Notary to be?

Filed under: Business Tips — admin @ 8:25 am

Female Notaries think a lot more about safety than males do. But, even big strong guys can get into danger. If someone is crazy, they might attack anyone, even a big strong guy with a military background.

People’s houses at night.
Going to people’s houses sounds scary. But, in real life, if they have been screened for a Mortgage, they do not stand much of a chance of being dangerous, at least in my experience. However, their neighborhood might not be good at night.

On the other hand, going to a house for a single document might be dangerous. You don’t know who these people are, they have not been screened, and you might be going there at night.

Realistically, the danger is more than you will get into a car accident or bitten by a dog than have an incident with a crazy human being. In my twenty years in this industry I have heard of one Notary getting pushed down some stairs. That is out of 60,000 Notaries on hundreds of millions of assignments.

You might be okay at the house but run into gangs at the local gas station – it happened to me, and we covered it. I know a thing or two because I’ve seen a thing or two.

You might be at a tenement building and some rowdy intoxicated people might be outside. I have heard of this happening once in The Bronx. You could also get harassed by hoodlums on your way back to your car. It might be time to have the appointment at a Starbucks in a better neighborhood. But, it’s up to you.

Nursing homes
If you notarize at nursing homes, your chance of ending up in court is high. That is another type of danger.

Cafes
Some Notaries might notarize at a cafe late at night. Our local taco place is notorious for having crazy people, arguments, and police. The problem is that the police don’t seem to be there at the same time as the crazy people. Just because you are at a “safe” neutral location doesn’t mean a meth addict won’t walk in and start trouble. Being afraid of your clients is a legitimate fear, but the real danger is more likely from a drug addict, bad driver, or inclement weather.

Jails
Many Notaries are afraid to notarize at a jail. That is the safest place to notarize because the bad guys are on the OTHER side of the bars and there is tight security and check points.

The Street
If you notarize on your trunk on the street, you could get hit by a car. I had to park illegally and made the signer come out to sign on my trunk. They complained. I said that this is the only way I could do it otherwise I would have to leave as there was no place to park.

General Tips
It is generally a good idea to be aware of high risk individuals. Those who seem intoxicated or who are acting unusually. People might seem agitated, angry, or afraid for example. Additionally, people might get upset if you refuse to do an illegal notarization and that could trigger a situation. Other people might get upset that their rate is higher than expected. You need to know what to say and how to handle these types of situations. Personally, I have been to about 6000 total signings two thirds of which were loans. I have never been in a dangerous situation. The only disconcerting situations I have had involved animals and gang bangers who were “around” when I went to bad areas to do signings. But, these dogs and gangsters didn’t actually actively do anything to threaten me — I just felt threatened by their presence. Maybe I am worried about nothing. Maybe I overreact to certain things because I am not from that type of neighborhood and because I don’t like dogs.

As a rule, use your senses, and if you feel something is not right, step out. Also, make sure you know your escape route, because there is a small possibility you might need to use it.

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February 5, 2020

Best older posts about how to write a great notes section

Filed under: Your Notes Section — admin @ 10:59 pm

Here are some older posts about how to write a great notes section. I wanted to bring these to the surface, so here they are.

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COMPREHENSIVE GUIDES

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How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

Everything you need to know about writing a great notes section
http://blog.123notary.com/?p=16074

Notary Marketing 102 – your notes section
http://blog.123notary.com/?p=19788

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INTERESTING ARTICLES ABOUT NOTES SECTIONS AS A WHOLE

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2014 Excerpts from great notes sections
http://blog.123notary.com/?p=13613

The ADD culture and your listing and notary marketing
http://blog.123notary.com/?p=22309

Documenting your experience and personal style in your notes
http://blog.123notary.com/?p=19052

Documenting your experience and personal style in your notes
http://blog.123notary.com/?p=19052

Notary notes makeover
http://blog.123notary.com/?p=18895

Examples of great notes sections
http://blog.123notary.com/?p=18862

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

10 quick changes to your notes that double your calls
http://blog.123notary.com/?p=4499

What goes where in your notes?
http://blog.123notary.com/?p=1076

Clarifying vague claims in your notes section
http://blog.123notary.com/?p=4675

Your jumbled or too short notes section is costing you 50% of your business
http://blog.123notary.com/?p=16572

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COMPONENTS OF A NOTES SECTION

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A list of things you probably did not add to your notes section
http://blog.123notary.com/?p=22287

How many types of financial packages do you mention?
http://blog.123notary.com/?p=19997

Putting jails and hospitals in your notes section
http://blog.123notary.com/?p=19266

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

Being unique and factual in your notes section
http://blog.123notary.com/?p=19050

Buzzwords to avoid in your notes section
http://blog.123notary.com/?p=19054

What NOT to put at the top of your notes section
http://blog.123notary.com/?p=19056

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March 24, 2019

A list of things you probably forgot to put in your notes section

Filed under: Your Notes Section — Tags: , — admin @ 4:34 am

Most Notaries write a notes section for their listing on 123notary. However, many do not know what to write. Here are some things you should write about. Take this as a check list.

Experience
Write about the types of loans or documents you know how to sign. Write about the type of work you did before you were a Notary or what distinguishes your experience as a notary. How many loans as well as how many years would also help the reader get an idea of what type of experience you have. Read more by clicking the link below…
http://blog.123notary.com/?p=19052

Additional Information
Your certifications, courses taken, E&O, background screening, etc., Don’t forget to write about this because people do care.

Equipment
If you have special equipment, portable printers, scanners, fax machines, inverters, etc., people want to read about this. But, don’t put it up top as this is supplemental information. Experience and selling features go up top.

Special Skills
Are you bilingual? Do you visit hospitals or jails? How about a wide radius? Are you on the white glove list somewhere? Do you take credit cares or square? Put this up top as it is a selling feature.

Areas Covered
Your radius, counties or cities covered go at the bottom and there are 12 boxes to put your counties covered which includes your home county. We discourage putting zip codes as the list gets very long and messy and nobody wants to read it.

About You
This is the most misunderstood aspect of notes writing. Most people cannot write about themselves other than a long string of adjectives. Any idiot can write about how responsible and reliable they are and the more they claim these adjectives the less true I find them to be. However, describing yourself with specific facts is more helpful as well as credible. The fact you have an MBA, worked with the elderly at a nursing home for ten years or are ex-military are real facts about you. The fact you triple check your work and have your local FedEx stations memorized is fact vs. fluff.

Catchy Phrases
It is hard for most people to write a catchy phrase, but it can really pay off. People are bored with reading 1000 notes sections that all seem very similar. It sometimes looks like the same person wrote all of the notes sections on Notary Rotary… “I am reliable, background screened and have 50,000 E&O. I have signed many loans and do a lot of refinances.” After you see this a few thousand times you start seeing double. Put something unique and organized for a change. We wrote a few articles (that I linked below) on catchy phrases in notes sections and you should read those.
http://blog.123notary.com/?p=14690

Buzzwords to avoid
http://blog.123notary.com/?p=19054

You might also like:
Examples of great notes sections
http://blog.123notary.com/?p=18862

How to write a notes section
http://blog.123notary.com/?p=16698

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January 28, 2019

Can a Notary Act as a Witness?

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

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

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

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

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

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

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

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

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

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

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

You might also like:

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

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

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

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

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November 21, 2018

12 questions to ask for hospital notarizations

Filed under: Comprehensive Guides,Hospital & Jail Signings,Other Guest Bloggers,Popular on Twitter — Tags: — admin @ 9:23 am

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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