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April 4, 2013

How to get something notarized that doesn’t have a signature

Many people want copies of school transcripts notarized. Especially students from overseas. The notary can not notarize a document that is not signed by the signer. Additionally, the signer must be named in the body of the document to get an Acknowledged signature.

So, how do you get something notarized that doesn’t have a signature?

Simple… The notary can draft up a statement stating that you swear that the contents of the copy of the document are a complete, true, and correct copy of the original. It is even better if the notary can inspect the original and testify in writing to the fact that he/she has verified that it is a true copy.

What about notarizing a copy of a birth certificate or vital record?

Talk to your local county clerk and ask them how to get a copy of your birth certificate. Notaries are NOT allowed to notarize copies of vital records.

How do you get a photograph notarized?
You can’t.

Some agencies are happy if the notary affixed the corner of their seal to the back of the photo, or embossed the photograph. But, you can get a signed statement about the photo notarized, and then staple the corresponding photo to the Jurat certificate — be prepared to swear under oath that that is a true photo of you.

So, now you know how to get something notarized that doesn’t have a signature. You don’t. You simply get a sworn statement and a Jurat that DOES have a statement that you can swear to and sign. Easy! But, if you get an inexperienced notary who doesn’t know what they are doing, then the procedure might not be so easy. Shop around and get a notary who knows what they are doing.

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February 17, 2013

Identification requirements for being notarized

Do you need to see a notary public sometime soon? Are you going to get some critical documents notarized? Don’t be afraid, this is easy! However, there are a few things that you must know.

(1) The notary public is required by law to check your identification. Certain types of identification are generally acceptable such as current driver’s licenses, state issued identification cards, passports,etc. As a general rule, if an identification is a current government issued photo-ID with a physical description, signature, and serial number, it should be good for a notary public to use. Make sure that your signature on the identification matches the one that you use on the document.

(2) Your name on the document must match the name on the identification. However, if your name on the document is shorter than the name on the identification, that is fine. If your ID says John J Smith, and on the document, you are named as John Smith, you are okay. If the name on the document is longer than the name in the identification, the notary public can not legally notarize that longer name variation.

(3) Some states require the notary public to thumbprint you for Deeds affecting real property and Powers of Attorney. It is painless (when I do it).

(4) The notary can not legally choose the type of notarization for you to get. Please have your decisions of whether to get an Oath, Acknowledgment, Jurat, or something else worked out before you see your notary.

(5) Most states require the document signer to sign the notary’s journal as well as signing the document. The notary should also record your identification information in their journal.

(6) Jurats require the signer to swear under oath. Please be cooperative about raising your right hand when you swear under oath.

(7) Mobile notaries charge a travel fee, and can charge waiting fees if you keep them waiting. Please be on time and respect their time and fees. 123notary.com specializes in mobile notaries.

(8) If the signer doesn’t have acceptable identification, please consult an attorney. Please be aware that inmates in jail do not have identification on their person other than their wristbands which is completely unacceptable as notary identification.

Good luck, and find a great notary public on 123notary.com!!!

Tweets:
(1) Your name on the document must match your name on the identification when notarized.
(2) Acceptable notary identification must be government issued, photo, serial #, exp. date, etc.

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When ID and documents have different names
http://blog.123notary.com/?p=230

What’s your sign?
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November 14, 2011

Power of Attorney Signings

Power of Attorney Notary Signings
 
It is common for notaries to get a job notarizing a signature of a grantor on a power of attorney document.  It is also common for a signer who is the attorney in fact to sign documents in their official capacity as an attorney in fact.  The problems is that most notaries haven’t a clue how to handle this type of common, yet critical situation. 
 
Types of powers of attorneys
First of all, as a notary public, you are not required to understand the contents of the document.  For an acknowledged signature, the signer should be named in the document and should sign it.  Other than that, you just need to be sure the signer understands the document, and you shouldn’t have any indication that the document is fraudulent (how would you know anyway?).  Their are banking powers of attorney, durable powers of attorney, health care powers of attorney, and living trusts which are a sort of power of attorney. There are other types too, but these are the most common ones.
 
What does a notary need to know about powers of attorney?
You need to know who a grantor and grantee is.  You need to know who an attorney in fact is (= the grantee).  You need to know how the attorney in fact signs a document.  You need to know that California notaries must take journal thumbprints when notarizing signatures on powers of attorney.
 
 
Is the form I am using acceptable?
Notaries may NOT recommend particular power of attorney forms, nor should they assist in filling them out.  The notary should look for blanks, and refuse to notarize if there are any blanks in the document.  It is not a crime for a notary to have blank standardized power of attorney forms in their briefcase, so long as they make it clear that they are not giving legal advice and not recommending the use of those forms.  You might tell the client that they should check with the document custodian (whomever they are submitting the documents to), to see what type of paperwork they will accept.  What is legal, and what is acceptable to the recipient are often two different things.
 
Banking power of attorney
Most banks have their own power of attorney form which is on card stock and leaves about half an inch to squeeze your two and a half inch wide notary seal (how educated of them!).  If asked to notarize a banking power of attorney, just do what the client asks within the limits of the law, but for your knowledge, you should be aware that the bank may not accept a power of attorney that they didn’t draft and that the client might be advised to check with the bank before doing any business with a notary public. 
 
How does an attorney in fact sign?
The person who has been granted special powers from a power of attorney is the grantee or attorney in fact.  They can sign in two ways that I am aware of.  If the grantor is John Doe, and the attorney in fact is Sally Smith, here is how Sally signs on behalf of John.
(1)  John Doe, by Sally Smith, his attorney in fact
(2) Sally Smith, as attorney in fact for John Doe
 
Power of attorney documents at a loan signing
Whether or not the loan will be accepted is hard to say.  However, many lenders will require a copy of the power of attorney to accompany the documents. 
 
Acknowledgment Forms
Some acknowledgment forms allow the notary to identify the capacity of the signer.  One of the standard check boxes on an acknowledgment certificate form is for attorney in fact, and other corporate offices are sometimes mentioned as well.

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Notarizing Documents for the Elderly
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Notarized Affidavits Information
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Bank of America Power of Attorney Form
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January 28, 2011

Don’t be intimidated

Filed under: Technical & Legal — Tags: — admin @ 9:18 am

HOW MANY TIMES HAVE YOU AS NOTARIES HEARD THE FOLLOWING?
Don’t be intimidated. Know the laws and stand your ground. Be an empowered Notary!

1. My lawyer said that you don’t need to attach anything. Just sign it and I will get out of your hair.
2. The other Notary I went to did not attach anything to the same document. Why are you?
3. Look, I used to be a Notary. Don’t give me a hard time.
4. I am a Lawyer…I do this for a living. Please don’t question me.
5. Look, if you don’t do it there are a hundred other notaries who will be happy to have my business.

At the end of the day, you need to be confident in the Notary Laws. Take the 123 Notary exam and be listed as an Elite Certified Notary. At the beginning of every year print out the Notary handbook with any new law and us e it as your bible and source of reference when you are questioned. It will add to your credibility and boost your own confidence when you interact with the public especially an attorney who thinks he is the repository of all knowledge and just miraculously knows more than you a licensed Notary.

I have had encounters of the worst kind with Lawyers, Doctors, Real Estate professionals and even other Notaries who have repeatedly challenged me and when they did not like what I had to say took to the internet and unfairly left me and my company bad reviews spewing the most vituperative and vile stuff. I responded in a cool and calm manner on why the reviews were without basis and let the readers decide for themselves.

Here are a few examples of things you are asked to do that you should not do under any circumstances if you want to be a trusted Notary and keep being an advocate of best notary practices.:

1. A Doctor wants you to put your seal on the photo when the Notary Laws prohibit you from doing so.
2. The name on the document does not match the name on the ID
3. An Attorney does not want you to even glance through the document to check if it is complete complaining that it is an invasion of his client’s privacy.

You are licensed and knowledgeable. Don’t let people push you around. Enjoy what you do and help people in the process.

.

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January 6, 2011

Alice in Notary Wonderland

Once upon a time there was a little girl named Alice C Butterfield. Little Alice loved to wander around her rich Aunt’s palacial estate. But, she had a habit of sticking her nose where it didn’t belong. Alice would always criticize people for doing the wrong thing. Her aunt didn’t signal a turn once. Alice could not keep her mouth shut and pointed it out. Her uncle Fred inflated a deduction on his taxes which Alice pointed out. How could a nine year old girl know so much about taxes. I guess curiousity knows no bounds.

Alice was sitting near the river with her sister reading a dull book with no pictures. Then, she noticed a rabbit wearing a top coat. She follows the rabbit down a hole, and then falls a very long way down. When she hits bottom she is in a room with many locked doors. But, there is a small bottle on the table with a small note saying, “drink me.” She drinks the contents of the bottle and then shrinks to a very small size.

Then, she saw a small document sitting on the table that she didn’t notice before that says, “notarize me.” Next to the document, there was a small stamp as well. Since Alice was a bookworm, she was well acquainted with the responsibilities of a Notary Public. She knew that a signer would have to appear before her that would produce identification. But, around there, the signer might be an animal wearing human clothing. So, Alice waited and waited, hoping for her signer to come by. After what seemed like a very long time there was a knock on the door. But, which door. There were dozens of doors, each one a different size. There were doors on the ceiling, doors on the floors, walls, and everywhere you looked. There were even doors within doors within doors. Then she heard a voice. “Over here!”

Alice opened a little door and a little mouse with a walking stick appeared. “I’ve been trying to get notarized for years, but can never find a Notary my size. Then, I heard that someone shrunk you and that you could do the job. Can you Notarize me?” Alice replied, “But, I’m not commissioned in the United Kingdom.” Then the mouse explained that in their jurisdiction, any human could execute Notary functions providing they checked ID. So, Alice checked the mouse’s ID and it read, Edgar J Mouse. Alice Notarized him. Then Alice asked, “How will you pay me for my services?” The mouse replied, “Here, I brought you some cheese I stole from a mousetrap.”

Alice ate the cheese. And then she started growing and growing and growing until her head hit the ceiling. “Curiouser and curiouser”, exclaimed Alice. Then, Alice swam down a river of her own tears. She was so sad that she shrank and then grew and didn’t know where she was. So, she swam until she found that little mouse giving a lecture on William the Conqueror.

Alice met a caterpillar who said, “Explain yourself.” Alice said that she couldn’t explain herself because she wasn’t herself. Then the caterpillar said, “Well, what self does your ID say you are? Alice replied, “Alice Butterfield, but I’m really Alice C Butterfield.” Then the caterpillar said, “If you were really Alice C Butterfield, then your ID would reflect that name. It’s time to make a visit to the DMV not isn’t it?”

Alice wandered on until she saw a Cheshire cat that directed her to March Hare’s house. Alice continued on her aimless journey until she became the guest at a mad tea party along with the Hare.

MARCH HARE: Notarize this signature

ALICE: But, this is a blank document with you signature. It wasn’t very civil of you to ask me to notarize something that doesn’t even exist!

MARCH HARE: Well, it wasn’t very civil of you to invite yourself to our tea party at our table.

ALICE: I didn’t know it was your table.

MARCH HARE: Do you say what you mean?

ALICE: Well, I mean what I say.

MARCH HARE: Well then notarize my signature for today’s date. Does your watch have the date?

ALICE: Well no.

MARCH HARE: How about the year?

ALICE: Well the year doesn’t change too quickly so it doesn’t need to tell the year.

MARCH HARE: I think the year just changed. There it goes again. Notarize me for 1899.

ALICE: Why 1899?

MARCH HARE: Why not? Every year is the same around here. Why should it make a difference. That’s why we don’t hurry. Time doesn’t matter.

ALICE: But, time does matter. You have to beat time.

MARCH HARE: Time might not take to kindly if you beat it, but hurry up before it turns 1901. I want to be notarized this century.

ALICE: How can the year change multiple times within the time-frame of one afternoon?

Then Alice found a tree with a door in it. She went through the door and into a long hall. She ended up at a palace run by a very angry queen.

QUEEN: Who are you?

ALICE: I am Alice.

QUEEN: What I mean is what does it say on your commission?

ALICE: Alice C Butterfield, but my ID only says Alice Butterfield.

QUEEN: Nonsense! And when is our commission expiration date?

ALICE: 1897, but now it is 1901.

QUEEN: Actually it was 1901 a few hours ago, now it is 1905. It will continue being 1905 until sunset and then tomorrow morning it will be 1896 which will give you a few days to complete any necessary notarizations.

ALICE: But, I thought time always moved forwards.

QUEEN: Why should it. Do you always move forwards?

ALICE: Hmm, I never thought about it like that.

QUEEN: Well I don’t like your middle name. Off with your middle initial.

KING: But, she is just a child.

QUEEN: I hate C’s. They are so mediocre. And off with their heads — of the gardeners. They fowled up my rose bush. It took years to grow it and then it shrank. Hmm. Perhaps because time moved backwards. Here is my signature. Study it intently, and then notarize it.

CAT: So, how do you like the queen’s signature

ALICE: Well actually, not at all. It’s extremely (noticing that the queen was right behind her) — likely to win.

EXECUTIONER: I can’t cut off a head unless it has a body attached to it.

ALICE: And what if you cut off the wrong head? Shouldn’t you check the ID?

QUEEN: The ID of the head or the ID of the body?

CAT: Is there more than one? (grinning)

ALICE: And what if the ID expired, after all it must be 1910 by now and the DMV has ID’s expire after only four years in England these days.

QUEEN: Yes, but if the ID shows a physical likeness, then it should be okay.

ALICE: To make sure the ID isn’t fake, you could ask them what their date of birth is and then confirm the date with teh ID.

QUEEN: You are a crafty one aren’t you.

ALICE: Besides, beheading someone is so extreme. Why not just cut off part of their name, initial, or a Jr. or Sr. at the end of their name. That will teach them a lesson.

QUEEN: Yes, I rather like that. John W. Smith will have to live the rest of his life being John Smith. I like this. That is much more fun than beheading someone. Off with their initials!

ALICE: But, you shouldn’t remove an initial without a porpoise.

QUEEN: Well we shall have that decided in court.

(in court)

RABBIT: I submit my evidence that the gardner did not submit evidence that he ruined the rose bushes. Someone wrote a statement about the rose bushes, but it wasn’t signed.

ALICE: Yes, if it wasn’t signed, then how will we know who wrote it.

QUEEN: Well, as long as my roses are ruined, what difference does it make?

CHESHIRE CAT: Perhaps we should do a handwriting analysis.

KNAVE: We could go back into time and have him sign it. Time is supposed to roll back tonight.

ALICE: But, there’s no meaning in this.

KING: So, if there is no meaning, then why look for a meaning?

(later that night)

ALICE: If you sign this document, they will know you ruined the rose bushes

GARDENER: Yes, but now that time has rolled back, I can change my statement and then sign it.

ALICE: That is a good idea. And it will be 1897 after midnight, so my commission will be in effect then.

GARDENER: Here is my statement and my signature. Please notarize it.

ALICE: Gladly. But, the stamp I am using is one I used when I was two inches tall.

GARDENER: That’s no problem. I’ll just make my signature extra small to match. Here.

ALICE: I’ll deliver this to the queen in the morning.

QUEEN: Yes, the statement is excellent. He did not ruin my roses, or so he claims. But, that poses a new problem. Who shall I behead?

SISTER: Wake up Alice

ALICE: Oh, I have had such a curious dream. There was this mad queen who went around beheading people and a cat, and a lizard, plus a March Hare. But, none of it was real.

SISTER: What is that in your pocket? It seems to be leaking a black fluid…

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January 4, 2011

Doing Oaths? Use a multiple choice form to pick a deity!

Filed under: Uncategorized — Tags: , , — admin @ 10:40 am

The politically correct movement has swept the nation. Even in places like Alabama, people are shying away from the mention of God and doing Affirmations instead of Oaths. The problem I have with this is that there are customs involving Oaths that make the Oath formal and solemn, and by doing away with these customs, in my opinion, you undermine the whole Oath experience.

A traditional Oath is done with the clause — so help you God at the end.

Nowadays you can pick your favorite diety in an Oath, or at least that is what many Notaries feel. The way I teach Oaths, you can only swear to God and nobody else. If you don’t like God or the mention of God, then try an Affirmation which has you affirm on your honor. The picking of divine entities bothers me because the Oath procedure becomes a free for all. It is like Gay marriage. Now a man can marry a man, woman, sheep, or even a lion in some states (just kidding.) Below are some examples of this convoluted change in Oath procedure.

NOTARY: I am going to administer an Oath to you. So, I will need you to pick a deity to swear to. For me to do the Oath verbiage correctly, please let me know your choice of deities in advance. For God press A, for Lord Krishna press B, for Muhammad C (although that would be forbidden in Islam to swear to anyone other than God), and for Shinto-Man press D.

SIGNER: I don’t really care.

NOTARY: Oh, I am just being sensitive. Do you have a preference?

SIGNER: I’ll pick Ganesh for $50.

NOTARY: I don’t think Ganesh is for sale, but here goes. Do you solemnly swear that the contents of this document are true and correct so help you Ganesh?

SIGNER: I do. I swear by his tusk. He’s an elephant so I assume he has a tusk, unless he was detuskified.

The ironies of these types of Oaths are that the Notaries put so much effort into avoiding offending the Affiant (a word most Notaries do not even know) that they fail to maintain the legality of the Oath by giving off-topic Oaths perhaps regarding whether or not you signed the document on your own free will, or if your name is really John Smith. The Oath must be to the truthfulness of the document as a primary focus. But Notary focus is on politically correct nonsense these days and not on the law. If there were a prison for Notaries who break the law, I would put them in a very politically prison where they are referred to as Notarial-Americans instead of Notaries.

Here is another example. The signer is being particular about his preferences.

SIGNER: I need an Oath.

NOTARY: Oh, would you like to have an Oath under God, or some other diety.

SIGNER: Is it possible to swear to Vishnu because I am a Vaishnav.

NOTARY: A what?

SIGNER: A Vaishnav is a type of Hindu that believes in Vishnu just like a Shivite prays to Shiva.

NOTARY: Who?

SIGNER: How can you administer an Oath to me for a God that you don’t even know the name of?

NOTARY: Okay… Do you solemnly Affirm under the supreme rule of Vaishoo…

SIGNER: Not only did you mispronounce the name of my God, but you don’t even know the names of the words in a real Oath. In an Oath you swear not affirm, and in an Affirmation you affirm, not swear. You can’t just mix-match the words any way you like. The minute the word swear is not there, it is no longer an Oath.

NOTARY: Yes, but they are legally the same.

SIGNER: Be that as it may, I have the right to choose the type of Notarization, and you re-chose a different act on your own initiative which is not legal. If you spent more time following the law and less time playing multiple choice with deities you might be a better Notary. You might even become a law abiding Notary!

NOTARY: You’re rude! But, we’ll do the Oath again. And the deity of the day is Jupiter. I want to do a Greek God today.

SIGNER: Doing Oaths is not like deciding what type of dressing to put on your mandarin salad. This is a legal process and there are rules. You might not know what the rules are, but there still are rules. I am reporting you to the Secretary of State. I am sick of this nonsense. You are commissioned to do notary work, yet you don’t even know how to do the simplest acts. Unbelievable. My Vishnu… Ooops, I used the lord’s name in vein.

NOTARY: Don’t worry, I won’t report you.

Jeremy’s advice
Unless you have read up on your state’s laws and know which Gods are admissible for an Oath, stick to God, the founder of the universe. And in an Affirmation have the Affiant affirm on their personal honor. That is how I teach it and it is simpler that way. You may not think anyone is checking up on your when you are doing Oaths — but, God is, so use his name if you do an Oath. And if someone doesn’t like mentioning God, do an Affirmation. And remember — if they are Unitarian, the last time God was mentioned was when the janitor hit is thumb with a hammer.

.

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Oaths – how Notaries completely screw them up
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