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September 15, 2018

Compilation of posts about Notary Business Names

Filed under: Marketing Articles — admin @ 11:21 pm

Here is a compilation of posts about Notary Business names, and names in the signing business in general.

Names for Notaries to name their children
http://blog.123notary.com/?p=21044

Names for Notary businesses with commentary
http://blog.123notary.com/?p=20765

Names for Notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

Geographic notary business names
http://blog.123notary.com/?p=19060

2012 – Notary business names
http://blog.123notary.com/?p=2302

Deceptive identities – signing companies that change their names
http://blog.123notary.com/?p=1090

Choosing a name for your business license
http://blog.123notary.com/?p=7103

Silly names for notary businesses

Grandma’s notary service & Paralysis notary service

Registering a business license
http://blog.123notary.com/?p=742

Stealing a business name
http://blog.123notary.com/?p=2660

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

The California Secretary of State has a list of acceptable nicknames for notarization.
http://blog.123notary.com/?p=15883

Two guys with the same name; One cashed the other guy’s check!
http://blog.123notary.com/?p=16102

The ID says John Smith
http://blog.123notary.com/?p=19953

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June 22, 2018

How do you get a Power of Attorney Document?

Filed under: Power of Attorney — Tags: , , — admin @ 12:18 am

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

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You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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April 5, 2018

The name on the ID vs. the Acknowledgment, Document, and Signature

Filed under: Technical & Legal — admin @ 11:08 pm

As a Notary, you will be confronted by a myriad of inconsistencies. Names on identifications don’t always match names on documents. We have discussed this multiple times in our John Smith examples where the name on the ID is shorter than the name on the document which in my examples is normally John W. Smith. However, I want to introduce the complexities of name variations in an organized way.

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RULE #1: The name on the ID must prove the name on the Acknowledgment
The name on the ID is not always identical or “matching” the name on the document. I do not like the term “matching” because it has multiple connotations and therefor is not clear. The name on the identification must PROVE the name on the Acknowledgment as a minimum.

Example
The name on the ID says John Smith.
The typed name on the document says John William Smith
The signature on document says John William Charles Smith
The name on the Acknowledgment cannot say more than John Smith otherwise you are notarizing someone whose name you cannot prove.

Whether or not your state approves you notarizing a signature that is longer or not matching the name on the identification is between you and your state. But, according to sensible practices, the main thing is what name you are Acknowledging the person as, because that is your job as a Notary. As a Notary, you have to prove the identity of the signer and certify that information in the form of a Notary certificate. What goes on the certificate must be true under the penalty of perjury in California and must be true in other states otherwise it could be considered fraudulent. In this example, you can prove the signer is John Smith, he over signed the document which the Lenders don’t usually mind, and you notarized him once again as John Smith — nothing more, nothing less.
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RULE #2: The typed name on the document ideally exactly matches the signature, but, if the Lender says it’s okay, an over signed version of the same name would suffice.

i.e. If the typed name says John William Smith, then the signature could be John William Charles Smith.
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RULE #3: The name on the Acknowledgment can be an exact match of the signature if provable by ID, or a partial match of the signature that is proven by the identification.

i.e. If the signature says John William Charles Smith, you can notarize the signature as that name if it that name variation is entirely provable based on the ID, or you can notarize him as John Smith as the ID proves that name.
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RULE #4: The typed name on the document is supposed to match the name on Title.

The recording agency has a particular name on title, and loan documents are supposed to match the name on title. Sometimes people change their name on title using Grant Deeds and Quit Claim Deeds and which form you use to change a name on title depends on what state you live and your individual situation, and I am not trained in these matters, (sorry.)
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Rule #5: Just because you are obeying sensible practices and the law doesn’t mean the Lender won’t get mad and fire you.

The Lender wants the name notarized based on how the name reads on the documents as a general rule. Usually times you can get away with notarizing a shorter version of the name for legal reasons. If you have a situation where you have a choice between breaking the law and pleasing the Lender, choose obeying the law. If you have a choice between pleasing the Lender and taking liberties identifying someone which is a wishy-washy point in the legal code in many states (look up your state’s requirements for proving someone’s name — many states only say that you have to check their ID, but not see if the names exactly match) then you have a judgement call.

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Summary of rules using fortune cookie English

1. Name on ACKNOWLEDGMENT must be proven by name on IDENTIFICATION

2. Name on ACKNOWLEDGMENT must be part or whole of name on SIGNATURE

3. Name on SIGNATURE can match exactly or be a longer variation of TYPED NAME on document.

4. TYPED NAME on document should MATCH name on TITLE

5. LENDERS want name on the Acknowledgment to match TYPED NAME on document, but this is not always legally possible.

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You might also like:

The ID says John Smith
http://blog.123notary.com/?p=19953

What’s your sign? A guide to spotting fake ID’s.
http://blog.123notary.com/?p=19638

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

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December 20, 2017

Winging it as a Notary

Filed under: Business Tips,Popular on Linked In — admin @ 11:02 am

Many Notaries get into the signing agent profession as a way to make some quick cash or at least make a supplemental income. What they don’t get is that being a signing agent is mostly about being a Notary Public. If you don’t know how to be a good Notary you might run into situations as a signing agent you might not know how to handle or even situations that can get you into legal trouble.

Carmen always tells me that most Notaries are just “winging it” and don’t bother to study to be experts in their field because they don’t think they need to. Being a signing agent requires no specific skill. Just sign as the names are typed in the document and initial where it says to initial, get the docs fedexed back on time and you are done. There might be some faxing or scannning too, but it is not a high skill profession unless…

Unless you want to really know what you are doing. But, what is there to know?

1. Basic Notary Procedure.
Most Notaries think that being a Notary involves stamping forms, but there is a lot more.

(a) There is correct journal filling outing procedure (your only evidenece in course and 15% of full-time signers end up in court at least once,) as well as…
(b) Knowing when to say yes or no to a request which requires knowing something about Notary law and prudency.
(c) Administering Oaths
(d) Knowing the difference between the various Notary acts
(e) Identifying people in prudent ways. Perhaps that should be #1 as it is the most important.
(f) Taking thumbprints as a backup just in case the ID was fake.

2. Introducing the Documents
Knowing how to introduce the loan documents is very different from knowing how to answer FAQ’s about the documents. You can memorize two sentences about each document to introduce the documents to borrowers.

3. Answering FAQ’s
If borrowers want to know which information is where, you had better know, otherwise you are not a signing agent, but only a point and sign Notary. There are many FAQ’s that people might ask. Do you write them down so you can master answering these questions or do you just wing it and hope for the best. What makes a professional is being prepared which is something few Notaries comprehend.

4. Dealing with snags in signings.
There are various things that can go wrong in a signing.
(a) The borrower has a question and the Lender doesn’t answer.
(b) The eDocuments don’t come on time.
(c) There is a cancellation while you are en route.
(d) The borrower doesn’t want to sign either because they don’t understand something or don’t like one of the terms.
(e) You have a package with an unsigned document and don’t know whether or not to drop it because nobody is answering your calls at Title or at the signing company.
(f) The borrower is upset because they are asked to sign John Emanual Smith when they never sign that way.
(g) The borrower hits the roof (and builds a sleeping area attached to the roof) because they find out they are in a flood zone.
(h) At the last minute the borrower finds out they need a cashier’s check.
(i) The borrower won’t swear under Oath because they are an Athiest.
(j) You are notarizing for John and Sally, but Sally is not able to arrive, but the Acknowledgment has John and Sally pretyped in there.

There are many snags, situations, and times when you need knowledge and experience as a signing agent. And then there are the “soft skills” like knowing how to dress and deal with people which matter equally as much if not more. If you go through your career trying to know as little as possible and respond adversely when people ask you questions or have demands of you, you will not do well in this job. Try to be agreeable, responsible, communicate well, and know your stuff. They you are giving yourself a chance and will make our lives easier as well.

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You might also like:

Does knowledge matter any more as a signing agent?
http://blog.123notary.com/?p=19887

Compilation of Certification posts
http://blog.123notary.com/?p=16264

How good is your technical knowledge? Should you learn more?
http://blog.123notary.com/?p=16683

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November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Filed under: Loan Signing 101,Popular on Facebook (very),Popular on Linked In,Popular Overall — admin @ 4:37 am

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

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1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

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2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more…

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3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

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4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

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5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

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6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

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7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

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8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

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9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

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10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

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11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more…

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12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more…

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13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more …

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14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

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15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

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16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

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17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

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18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

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19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

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20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

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You might also like:

Do you take control at a signing?
http://blog.123notary.com/?p=21104

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

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

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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October 16, 2017

Notary Public 101 — POA, DOR, Dates, X

Filed under: Loan Signing 101,Popular on Facebook (A little),Popular on Linked In,Popular Overall — admin @ 2:30 am

Return to the table of contents for Notary Public 101.

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ADDITIONAL TOPICS

These are really more loan signing topics, but I will include them in this basic Notary course since these are Notarized documents.

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POWER OF ATTORNEY

Notaries need to know the terms for the people involved in a Power of Attorney signing. The principal is the main person who signs the document who is the Grantor. This is the person who gives power of attorney to someone else to do tasks for him/her while he/she is incapacitated or out of the country. The Grantee is the same person as the Attorney in Fact or otherwise known as Agent. It is important to know these words and yes, we do test on them. However, at loan signings, people will do what is called a Power of Attorney signing. This happens when there is a completed Power of Attorney document and the Attorney in Fact will sign a loan on behalf of the principal. In these signings, they get rejected half the time for technicalities, so pay attention.

There are various ways for an Attorney in Fact to sign in their capacity.

John Smith as Attorney in Fact for Mary Smith
Mary Smith by John Smith, her Attorney in Fact.
John Smith POA for Mary Smith

There are more variations, but those are some common ones. The key thing to understand her is that:

The Lender decides the verbiage when you do a POA loan signing. The Notary might know the “correct” verbiage. However, legal information sites cite at least eight ways an AIF could sign in a POA signing that are all not BAD. The signing will be rejected if you do not sign exactly how the lender wants it. So, if there are no written instructions, ask the Lender.

How can I get a Power of Attorney Notarized?

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DEED OF RECONVEYANCE

The Deed of Reconveyance (DOR, not DOA by the way) is often signed by the Trustee and often has the term Trustee inscribed in the signature area instead of someone’s actual name which is very confusing and leads to trouble on a regular basis. Many Notaries have the borrower sign where it says trustee. Usually the trustee is a Lender, or might be the borrower in one of his capacities. If you are not sure who the Trustee is, then ask before you have someone sign there. It is safer to leave this form unsigned than guessing, otherwise you might cause a delay to the Lender and get fired. So, if you are not sure what to do, don’t have anyone sign where it says Trustee.

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DOCUMENT DATES

In the Notary world there are four types of dates. Transaction dates, rescission dates, document dates, and signature dates. The day you sign is the signature date and generally the transaction date. The rescission date is the last day to rescind. But, the document date is arbitrary and is created by the document drafter. It is normally either the day the document was drafted, the date it is intended to be signed, or an arbitrary date. There is no rule for what that date can be.

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SIGNATURE by X

If a signer is partially incapacitated and cannot sign their full name, many states will allow a Signature by X procedure. The procedure can vary state by state, but the way I was trained is as follows. The principal signs an X on the document and in your journal. There should be TWO SUBSCRIBING WITNESSES who witness the person sign. Witness #1 signs the person’s first name to the left of the X and witness #2 signs the person’s middle and last name to the right of the X. Do the same in the journal. Add a note to the document to let the readers and custodian know what happened as they might not be familiar with this procedure. Keep the phone numbers and ID info of the witnesses in your journal just in case.

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October 10, 2017

Notary Public 101 — Basic Notary Vocabulary

Filed under: Loan Signing 101,Popular on Facebook (some),Popular Overall — Tags: , , , — admin @ 1:35 am

Return to the table of contents of Notary Public 101.

BASIC NOTARY TERMS
We will hold you responsible for these. You might also like our complete glossary of Notarial terms.

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Affiant
An Affiant is a person who will swear under Oath and is commonly used to refer to someone who is signing an Affidavit. A Defiant is a person who swears under a tunnel when he loses the AM reception of a basketball game he bet on.

Affix
When you attach something to another thing that is considered affixing. But, in the Notary profession when you stamp something with your seal that is also called Affixing. If you forget to stamp a document you notarized and title finds out, you will really be in affix (a third usage of the word.) When you attach someone with another person, that’s called fixing up.

Agent
Someone who has received special powers from a Power of Attorney signing is called an Agent or Attorney in Fact and also referred in the document as a Grantee. Someone who’s received special powers to go fight crime is called a superhero.

Apostille
An Apostille is a Notary procedure or act that involves both the Notary and the Secretary of State where the Secretary of State officially verifies that the Notary used in a transaction is indeed a real and current Notary in good standing. This procedure is used when sending certain documents outside the country and Authentications are also used to send to other particular counties. If you’re a real and current notary who gave up your seat on the subway for an elderly person, you’re good, standing, in good standing.

Attorney in Fact
The person who receives Power of Attorney is called an Attorney in Fact or Agent. When this person signs on behalf of the principal they sign: John Smith, as Attorney in Fact for Sharon Smith. There are other versions for how to sign as an Attorney in Fact. The person who receives power of X-Ray Vision is called Clark Kent.

Borrower
The borrower is mistakenly referred to as a “client” or “customer” by newer Notaries. The borrower of a cup of sugar is mistakenly called “neighborly.” The signing company regards the title company as their customer while the signer of the loan is called the borrower in oral language. Please also distinguish between a loan signing notary who supervises the signer and is not himself a signer although many Notaries refer to themselves as signers as a professional designation. The Notary Signing Agent is a signing facilitator, not an actual signing in real terms. The borrower can also be referred to as a Mortgagor who borrows from the Mortgagee (the Lender).

Certificate
A Notary Certificate could be a loose piece of paper attached to a Notarized document. (An unattached loose piece of a** would rather be called promiscuous.) A Jurat could be on a loose certificate where the Affiant writes a statement that they will swear to and sign in the presence of the Notary. Not all Notary acts use a certificate such as purely verbal acts such as Oaths and Affirmations and in some states Witnessing. Please understand that although a Jurat uses an Oath as part of the act, that an Oath by itself does not use a certificate. Some also swear that Donald Trump is a true copy of The Annoying Orange.

Copy Certification by Document Custodian
Some states allow for document copy certifications to be an official Notary Act. Some states only allow for a certified copy of a Power of Attorney. However, the Copy Certification by Document Custodian is an unofficial copy certificate and a glorified Jurat with special additional verbiage where the document custodian swears to the fact that the copy is a true copy of the original document.

Grantee
A Grantee is a term used to refer to someone who has been given something such as Power of Attorney agent privileges. The actual Power of Attorney document uses this term to describe the future Attorney in Fact or Agent.

Grantor
A Grantor is a term used to describe someone who has given Power of Attorney privileges by naming an individual as Attorney in Fact or Agent in a Power of Attorney document. A take it for granted-er is a term used to describe someone who knows his wife will throw his dirty laundry in the hamper.

Principal
The main signer of a document could be refered to as a principal. This is the Grantor in a Power of Attorney signing although the two terms are not synonomous. A Principal is also a term used in a Proof of Execution signing and is the person who signs the document. Another proof of execution: Kim Sung Un’s uncle’s tombstone.

Subscribing Witness
A witness who watches someone sign is called a subscribing witness. A witness who watches somebody else’s Netflix is called a non-subscribing witness. The Signature by X procedure uses a subscribing witness who is also commonly referred to as a credible witness meaning a witness who can be trusted. Proofs of Execution use a subscribing witness as well to appear before the Notary Public on behalf of the principal who is the person who signed the document. The Signature by Ex procedure is commonly referred to as divorce papers.

Venue
The venue is the part of the Notary certificate generally near the top that is used to state the state and county. All states have a venue somewhere in the top third of the certificate for all Notary acts that use a certificate such as Acknowledgments, Jurats, Proofs of Execution, etc. A venue is also the place where the notarization takes place. If you change the venue, does that mean you get up from your chair and go to a different address or does it mean you cross out and initial the venue in the Acknowledgment form. I’ll leave that to your imagination. The venue in my brain that conjured up that question is now closed.

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March 22, 2017

Notaries with the same name – drama!

Filed under: General Stories — admin @ 7:59 am

We had several situations where there was a small drama because more than one Notary had the same name.

In one instance, a Notary in Michigan named John Smith got the check for a Notary also named John Smith in Alabama. They had the same name. The Michigan John Smith deposited the check too.

In another instance a Notary who had been offline was put back online. The Florida Melody Smith was put back online. Then Melody Smith emailed me to let me know that she was still not online. Then I took a closer look and realized that there was a California Melody Smith as well who was not online. Ooops! So, I put California Melody Smith online and explained my mistake.

Then, we had a new Notary named Howard Lee. I was horribly afraid because I had had a roommate named Howard Lee. What if it were the same person? They were both in California. Gasp!!! However, my heartrate went down when I learned that Notary Howard Lee indicated Korean as a second language, where the ex-roommate who wanted to kill me because of a lie his girlfriend told him spoke Chinese.

In another instance Samantha Cornfield got the other Samantha Cornfield’s password. Ooops — security breach. She emailed me and I sent the password for a completely different person with the same name.

The moral of the story is that I need to really be more careful and check people’s email address when they contact me because email addresses are unique, but there could be infinite numbers of people with the same personal name.

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September 18, 2016

He, She, or They?

Filed under: Ken Edelstein — Tags: , , , , , , , — admin @ 12:35 am

He She or They

Jeremy and others have often mentioned the “requirement” (in quotes because the laws regarding this issue probably vary by state) to cross out the irrelevant sections in a notary section. They reason that the notary is responsible to redact entries that do not “match” the person being notarized. I disagree.

In the thousands of notary sections that have my signature and seal, over a decade of doing this; not a single one has had the redactions. Not one. And, I have never been “called to task” for not completing the section properly. There is no mention in New York State law requiring such action. The model for the Acknowledgement that I use has both “he she they” and “his her their”; and is taken directly from the handbook for NY notaries. My Jurat is even simpler: Sworn to and subscribed before me by _____.

Long before “gender identity” was a news topic I concluded that I was not the person to determine the gender of affiants. If I am not the one, who is? Well, the best answer is probably the affiant. However, some may consider a medical doctor more appropriate. It could also be a Judge. I do not see it as my function, in MY statement, to declare the gender of the affiant. Now the gender identity issue has become a hot topic in the media. To me it’s a personal issue, one for the affiant to declare or not declare as they see fit. Whatever gender identity THEY say, outside of the notary section; is fine with me.

My sharp eyed critics, and they are legion; will have noticed I included “they and their” as items that I do not redact. They are thinking “surely you should delimit the notary section to one individual when multiple names are not being notarized”. Perhaps, but I offer two defenses to leaving it as is. First, the sole name, when there is only one affiant signing, is clearly entered in the notarization. Secondly, and admittedly this is a bit of a “reach” – the affiant might identify as being of dual identity. One ID, but they consider themselves two persons. Possibly one gender sometimes, different other times. Technically it’s proper for me to enter two names in the notary section when only one person is before me and taking the oath. This comes directly from the NY County Clerk office. If the affiant has two passports with a different name on each document – they have “proved” both names and “they” have the option of having each name entered on the notary section.

With the rampant rise of identity theft and similar crimes; the role of the notary has become more, not less, important in commerce. More important yes, but not of greater scope in our basic function. Many are the “notary signature only” documents I have seen included with the packages. Fortunately for me it is illegal in NY as a notary; to make statements of fact. The most common being for me to state that I have determined the identity of the affiant(s) to an absolute certainty. The State standard is to view “adequate proof” – not absolute proof. These statements by the notary will only admit you to the litigation chain if, in fact, you were conned by a good looking forgery of the ID.

But, let’s get back to the gender issue. A person is a person, nobody will refute that. We notarize people, they come in a wide variety – and it’s our job to accommodate all of them; within the bounds of our respective state codes. I leave my notarizations “open” to be all inclusive. It’s for others to decide issues of gender. It’s so easy to make false assumptions. I have asked the Sister of the affiant to sign on the Spouse line. Ouch, that was awkward for a moment. Clearly including the name, as taken from the ID is what works for me. Of course care should be taken to not provide an “open ended” notarization to which some additional name(s) can be added at a later date. As the County Clerk told me: “You notarize the name as on the ID, nothing else”. Thus, I make no determination as to he, she, or they, and leave the form alone.

You might also like:

What is so critical about crossing out he/she/they?
http://blog.123notary.com/?p=22223

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

Notarizing John W. Smith
http://blog.123notary.com/?p=16048

Notary certificates and Notary verbiage
http://blog.123notary.com/?p=1834

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April 5, 2015

Point (15) Technical Points; Marcy Attaches a Certificate

Filed under: (2) Technical and Legal — Tags: — admin @ 10:57 am

By now, Marcy had decided to really study her text book well. In this last signing, she narrowly avoided two disasters.

MARCY: Hi, I’m Marcy and I’ll be your signing agent this evening.

RUTH: Thanks for coming Marcy. I’m all ready.

MARCY: The Lender asked me to make sure we include a cashier’s check for $2500 in the package. Do you have the check?

RUTH: Oh, he didn’t remind me. But, I have it somewhere.

MARCY: Let’s take care of the check first, otherwise we’ll forget all about it and you’ll lose your lock.

RUTH: That bad?

MARCY: It’s happened before. I read about it in my course and I’m not making any careless mistakes.

RUTH: Here it is.

MARCY: Okay, the course says to staple it to an eight and a half by eleven paper and put it on the top of the stack of documents in the FedEx so the first person to open the package will immediately see it and hand it over to the correct person… Done! I’m putting it in the package, but at a 90 degree angle so I’ll see it. That way I won’t forget to make sure it’s first in line after we add all of the other documents we’re signing tonight.

RUTH: Boy, aren’t you careful?

MARCY: Well, you’d understand if you knew how many mistakes notaries often make in this industry.

(10 minutes later)

RUTH: Okay, I’ve initialed all of the pages of this Deed of Trust. Now, you need to notarize it, right?

MARCY: Correct… (stamps the document) Oooh! That came out smudgy. I better do it again.

RUTH: It looks fine. I wouldn’t worry about it.

MARCY: The Deed of Trust is a recorded document, and that means that it goes to the county clerk’s office. Some of the clerks are picky, and they have the right to reject a smudgy seal which might cause the loan to not go through on time. So, I need to attach a loose certificate and make sure my stamp comes out clearly… Perfect.

RUTH: You certainly dot your i’s and cross your t’s!

MARCY: If I didn’t, you would lose your loan.

(a day later)

LENDER: Marcy, I noticed you crossed out your Notary seal on the Deed of Trust. Why did you do that? That looks very sloppy.

MARCY: Quite to the contrary, the seal was smudged, and the county recorder would be unlikely to record such a document which is why I attached a lose certificate.

LENDER: But, did you have to staple it on? It is very difficult to disconnect — and messy.

MARCY: Legally I am required to attach the certificate. Completing loose certificates that are stamped is illegal because they can easily be used for fraud by being attached to a different document; So by un-stapling my work, you are leaving yourself open to looking very questionable.

LENDER: But, we always do that.

MARCY: Well, you are at liberty to do what you like, but I am not at liberty to break my state Notary laws! If the Lender had the certificate wording on a separate piece of paper without a page number, it would be removable so that nobody would have to see the cross out should there be an error, and once in a while there are stamping errors. Notary seals are not always clear the first time.

LENDER: Isn’t there a better way to do this?

MARCY: If you want your loan to go through, and for it to go through legally, then no — there is no other way to do this.

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Point (15) A handful of technical points
These technical points fall into the category of signing agent knowledge and are generally above and beyond purely Notary knowledge. Being an expert at these points will make you a much more impressive signer.

Checks in Packages
If you are sending a cashier’s check in a package, please note that these get lost much more frequently than you might think and the borrower’s loan will be delayed if this happens. These checks are for high dollar values, so make sure they don’t get lost between all of the many hands that will touch this loan package.

Staple the check to a 8.5 x 11 piece of paper, and put this paper at the front of the loan package so that whomever opens it (generally a secretary) will see it immediately and notify the person in charge of the loan. If you put the check in the middle of the documents, the check will not get seen right away, and there could be a delay. If you don’t staple the check, it will likely get lost in the shuffle.

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County Recorder Rejections
If you make a mistake on a recorded document, the county recorder can reject the document which could slow down the loan processing time. The borrower might even lose their lock which would be very costly. Take extra care when notarizing recorded documents. Which documents are recorded?

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Dates
What is the difference between a Document Date, Signature Date, Transaction Date, Rescission Date and a Notarization Date?
The document date is a random arbitrarily picked date that is often subscribed in the document. It is often the same date the document is signed, or perhaps drafted. The signature date is the date a document is signed. Of course, if there is more than one signer, there would be more than one signature dates. A Notarization date is the date a document was notarized. Legally, a document can be Acknolwedged more than once though! A transaction date is the date that a document is signed. A Rescission date is the last day to rescind. There, you have five dates to remember!

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eDocuments, eSignings, and eNotarizations
eDocuments are documents sent by email to the Notary to be printed out. eSignings are signings done on a laptop with the borrower doing digital signatures on a signature pad — but, with hardcopy regular notarizations using a paper journal. eNotarization are Notarizations where the notarization uses a digital seal and digital journal.

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The Prepayment Penalty
The Prepayment Penalty could be mentioned in any of these four documents, or perhaps even more. The Truth in Lending says you will, won’t or may have a prepayment penalty. The HUD may reference the prepayment penalty as well. But, the two documents that offer the most thorough information on the prepayment penalty are The Note (which every loan has) and the Prepayment Rider which is only included in a handful of loans that have complicated prepenalty agreements.

Most Notaries we talk to do not know the best place to look for thorough information on the prepayment penalty. They usually want to source the TIL, but this is wrong. Try to be a little more familiar with these very basic loan concepts as your borrowers will be more impressed with you if you do.

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Recorded Documents
Here are various types of recorded documents sorted into categories.

Deeds: Deed of Trust, Riders to Deed, Quit Claim Deed, Grant Deed, Inter-spousal Grant Deed, Warrantee Deed

Title Docs: Subordination Agreement, Mortgage

Legal Docs: Affidavit of Trustee, Power of Attorney (sometimes recorded), some states record the Note although most don’t.

Lien Docs:Judgment Liens, Unsecured Tax Liens, Revenue & Recovery Liens

Other:Addendum, Condo Homeowners Approval, Tax Certificate, Affidavit of Continuous Marriage (state specific)

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Commonly Notarized Documents in Loan Packages
Most packages will have certain documents to be notarized such as a Deed of Trust or Mortgage in all loans. It is also common to notarize other documents such as a Signature Affidavit, Occupancy Affidavit, Correction Agreement Limited Power of Attorney, Subordination Agreements, Grant, Warranty or Quitclaim Deeds, certain Riders, Identity Affidavit, and more.

Spousal Signatures
If a spouse is not on the loan, the documents they sign might vary from state to state and lender to lender, but these documents are typical documents that they need to sign:.
(a) The Deed of Trust and accompanying Riders if any.
(b) Grant Deeds and/or Quit Claim Deeds if someone’s name is being removed from Title.
(c) The Right to Cancel if the spouse is residing in the property.

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Trusts
Notarizing Trusts is not brain surgery. However, when people sign with a capacity, it is common to sign their name, a comma, and then their capacity. Al Smith, as Attorney in Fact for Joe the Plumber. You are only notarizing Al Smith, but the additional information is sometimes helpful or critical. As a general rule, unless the document custodian wishes otherwise, You should have trustees sign as trustees: John Doe, as Trustee.

Then, there are Living Trusts which are instructions for what to do if a signer is incapacitated. These are usually long documents drafted by an Attorney that can be more than forty pages long in many cases. Living Trusts are quite different than regular Trust Documents and Wills.

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You might also like:

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

30 Point Course (16) Initialing
http://blog.123notary.com/?p=14463

Don’t put the FedEx in the drop box if there is a check in the package
http://blog.123notary.com/?p=2831

Spousal Signature Requirements
http://www.123notary.com/forum/topic.asp?TOPIC_ID=244

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