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June 13, 2020

Inspecting Journals

Filed under: Journals — admin @ 10:14 pm

Many Notaries do not bother to learn how to correctly fill in their journal. This is important because you could be investigated by the FBI (it happens to our notaries from time to time) and you could end up in court before a judge. You might be treated more leniently should anything go wrong if you keep very prudent and correct looking records. If you have omissions, sloppiness and don’t follow sensible procedure, you increase the chance that you could end up in trouble.

The most important rules to remember in journal entries are:

1. Fill out all fields in the journal. The additional notes section can be used for anything noteworthy about the building or signer that might jog your memory years after the fact in court.

2. One journal entry per person per document. Three people each signing four documents = 12 journal entries, not three and not one using the squeeze it all in method. Those signatures and thumbprints that you could keep in your journal are evidence that might be used in court – treat it as such!

3. Make sure your journal is locked up and stored properly after it is filled up. There are 512 entries per journal, so make sure you have extra blank journals for when you need them.

California actually inspects Notary journals regularly. If you live in California you need to know this. They can have you copy and mail your journal entries from a particular date range. If you are not following proper procedure based on what they currently want (ask them not me what they want) then they can suspend you. California suspends or revokes many notary commissions due to exactly this reason. Additionally, the rules keep changing so keep up with the times, man.

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September 18, 2019

Where do you store your journals when they are filled out?

Filed under: Journals — admin @ 10:20 pm

When you retire, you send the journals to your county clerk or SOS. But, what do you do with them in the mean time after you have filled out one or more journal?

Do you keep them in a safe, your closet, your car, a desk drawer? They are actually thin and you can fit a lot in just one box. Your experience please…

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June 11, 2019

A Los Angeles detective seizes two journals and complains about a blurry thumbprint

Filed under: Notary Mistakes — admin @ 10:14 pm

Yes people, it really happened. A Los Angeles Notary notarized the wrong person. That person was committing some type of fraud. The next thing you know, some detectives were banging on her door. She had to let them have two of her journals. But, that was not good enough for the detectives. They went through a long whining session.

One of the thumbprints taken by the Notary was blurry. How can you do forensics on a blurry thumbprint? Why was that Notary so lazy that they could not take a proper thumbprint? It’s not rocket science — you just push down — and that’s it. Take thumb, press down in ink pad, rise thumb, press straight down on journal thumbprint designated space, feel good, that’s all.

Then on another journal entry, there was no thumbprint, and trust me, the detectives complained a whole lot about that.

So, if you are Notaries and say, “You’re being too picky Jeremy, and besides, my state doesn’t require that.” There are real reasons why I make the recommendations that I do, and it is not just to give you a hard time. You can get in real trouble without thumbprints and proper journal work. Don’t let it happen to you.

You might also like:

Why keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

All Mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

Scenarios – the FBI is at your door and wants your journal
http://blog.123notary.com/?p=20013

Do you keep a journal to please the NNA, the FBI, or yourself?
http://blog.123notary.com/?p=19483

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September 16, 2018

Index of posts about Journals

Filed under: Journals — Tags: , , , — admin @ 2:23 am

Here is our index of posts about Notary journals

Notary Public 101 — Journals
This is a more comprehensive guide to understanding using Notary journals although we do have supplemental reading as well.
http://blog.123notary.com/?p=19511

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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

How many journal entries do you create if you have two signers each signing three notarized documents?
http://blog.123notary.com/?p=19391

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

Journals with check boxes
http://blog.123notary.com/?p=19373

Do journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What is someone signs the wrong line in my notary book?
http://blog.123notary.com/?p=19324

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

Notary Public Journal
http://blog.123notary.com/?p=21409

Five things a Notary must do
http://blog.123notary.com/?p=19583

Why keep a journal?
http://blog.123notary.com/?p=19377

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October 14, 2017

Notary Public 101 — Journals

Filed under: Comprehensive Guides,Loan Signing 101,Popular on Facebook (A little),Popular Overall — Tags: , , — admin @ 2:02 am

Return to table of contents for Notary Public 101.

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NOTARY JOURNALS

Not all states require keeping an official journal of Notarial acts, but 123notary requires it as that is the only evidence you have should you go to court. There are identity thieves and cons all over the place. They might pretend to be a home owner to steal that person’s equity or con grandma into giving her fortune away to some crooks. If your notarization ever goes to court, your journal is the only record of what happened and who signed what, etc. Most Notaries think keeping a journal is an annoying task that they do because they have to. It is the same attitude that children have towards doing their homework at age seven. But, your journal can save your neck, and I know many whose hides have been saved who ended up in court.

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ONE JOURNAL ENTRY PER PERSON PER DOCUMENT

Most Notaries think that you create one entry for each signer and then cram in the names of all of the documents you are notarizing. This is very sloppy. If you pick up five packages from FedEx, do you sign once or do you sign five times, each for a particular tracking number? If you keep one journal entry per person per document, then you have a signature proving consent to be notarized for each document you notarize. Additionally, you must name the particular and complete name of each document, and not just say “loan docs.”

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INFORMATION

In your journal you write the date, time, type of notary act, name of document (the full name, no abbreviations or check boxes here please) and the document date. You need to record the name, address, and ID of the signer as well. Then the signature, thumbprint and notary fee. Let’s focus on the document information in this section though. You need to record the:

Full name of the document, not an abbreviation.

Document Date — many documents have a document date inscribed within that is an arbitrary date created by the document drafter. It could be the date the document was drafted, or the date it was intended to be signed, or a random arbitrary date.

Other distinguishing factors — if you are signing multiple documents with the same name such as Deeds of Trust, Grant Deeds, etc., you need to differentiate them somehow. Escrow numbers, names of grantors, grantees, APN numbers, property addresses, number of pages, or anything else can help identify a document after the fact in case you end up in court.

Signatures — each line of your journal needs to be signed by the corresponding person. If John and Sally are each signing three notarized documents, then John gets entry 1, 2, and 3 while sally gets 4, 5, and 6. Each signer must sign their three entries otherwise the entries are meaningless.

Thumbprints — I am skipping mentioning more about the other things that belong in a journal as most Notaries get it, however, few Notaries keep thumbprints. Your journal thumbprint is the one piece of evidence the FBI will ask for when they come knocking on your front door. Additionally, it discourages fraud as fraudulent people do not want to be thumbprinted.

Other Information — Although I am skipping elaborating about the other journal fields, I will make a quick note about the additional information section in a journal. That leaves space for information about credible witnesses, subscribing witnesses, unusual facts about the signers, the location, or the circumstances in which you are signing. If the signer claims that they are being kidnapped, write that down in the additional information section of your journal, then call the police. If the signer has a weird neck tattoo, you might need to remember that in court. Put it in your journal. The judge will think you are a very thorough Notary.

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FINAL NOTE

The purpose of journals is not only to please your state’s Secretary of State, but also to please judges and FBI agents. Keeping a clean, correct and thorough journal will make a positive impression on the authorities and could keep you from being named as a suspect if God forbid you ever unknowingly Notarize an identity thief, fraud, or otherwise bad person. Notaries don’t get in trouble that often, but for those who make a career out of being a Notary, eventually you will be investigated at least once and perhaps end up in court, so keep your paperwork in order so the investigation is fast and smooth. Otherwise you might end up in court for a very long time — no joke! Roughly 1/7 of the Notaries on our site have ended up in court due to something that they notarized.

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November 4, 2013

Notary Journals from A to Z

Filed under: Comprehensive Guides,Journals,Technical & Legal — Tags: , , , , — admin @ 2:44 am

Not all states require a notary public to keep a notary journal. However, we recommend keeping one for all notary acts simply because it is your only evidence if subpoenaed to court or investigated. The purpose of a notary public is to identify signers and deter fraud. If you don’t keep proper records of notary transactions, several years after the fact, you will have no way to investigate whether the transaction was fraudulent or not. A prudent notary keeps a bound and sequential notary journal and keeps all transactions logged in chronological order.

Information recorded in a journal entry:
Date & Time — i.e. 12:04pm
Type of Notarization — i.e. Acknowledgment, Jurat, Oath, etc.
Document Date
Name & Address of the Signer
Identification of the Signer — i.e. type of identification or credible witnesses
Additional Notes
Signature of the Signer
Notary Fees
Thumbprint of the Signer

Q&A
Q. If I am doing a notarization near midnight, what date do I put on the transaction?
A. Date the transaction based on when the signer signed the journal which happens at a point in time rather than a range of twenty minutes which is how long a notary transaction could take in its entirety.

Q. What do I put in the additional notes section?
A. If you are pulled into court several years after the fact, good notes in your journal might help to remind you about the notarization. You could describe the building, or unusual features of the signers or their behavior.

Q. If I’m doing a loan signing for a fixed fee, how do I document the notary fees?
A. Most notary jobs involve one or two notarized documents and there is a fee per document. If doing a package deal, try to divide the fee for each notary done, or just indicate the total fee for the signing. The important thing is to keep accurate documentation.

Q. Is it important to take journal thumbprints?
A. Yes. Identification documents can be falsified, but you cannot falsify a thumbprint before a notary. You should ideally take a flat impression from the signer’s right thumb for your journal thumbprint. Additionally, I have never heard of a falsified thumbprint ever being used. A thumbprint can keep you out of court as it proves the identity of the signer. I was once investigated and the investigation ended two seconds after I mentioned that I had a journal thumbprint of the signer.

Q. How do I store my journal?
A. You current journal should be kept under lock and key when not in use. Some states require this by law, but it is recommended for all states. Keep fully used journals in a safe storage spot somewhere.

Q. How long do I keep my journal?
Keep your journal until the end of your notary commission. Some states want you to submit your journals to the secretary of state’s office or county recorder when your term is done if you don’t renew. Each state has their own rules, so please ask your state’s notary division.

You might also like:

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

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

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April 13, 2012

Do notary journals need to be kept under lock and key?

Filed under: Journals — Tags: , , , , , , — admin @ 12:52 am

Do notary journals need to be kept under lock and key?
 
Notary rules differ from state to state. Many states don’t even require a notary to have a journal, or notary seal.  However, California requires the use of both a notary journal and seal, and both must be kept under lock and key.  However, there is a catch.  The currently used journal must be locked up and access must exclusive to the notary public that it belongs to.  Co-workers and bosses can not look at the journal without the notary being present.  USED journals that have been filled out to their completion can be stored at the notary’s home, office, etc., but don’t need to be locked up. 
 
When a notary’s commission is over, they must return all journals (California notary journals) (current and completed) to the county clerk’s office or whatever agency the notary division in their state appoints for them.
 
California notary journal rules might not apply to other states, but you should be careful with your journal and seal in any case as it contains really important information. Additionally your California notary seal, or seal from another state could be used for fraud, so you need to prevent that from happening if possible.

You might also like:

Notary Public 101 — Journals
This is a more comprehensive guide to understanding using Notary journals although we do have supplemental reading as well.
http://blog.123notary.com/?p=19511

Index of posts about journals
http://blog.123notary.com/?p=20272

A detective seizes a journal and complains about a blurry thumbprint
http://blog.123notary.com/?p=22237

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January 13, 2011

The journals with check boxes? What does Jeremy say?

Filed under: Journals — admin @ 11:27 pm

Don’t use it!
Any time you check a box rather than writing something in by hand, you are risking making a mistake. You are dealing with legal documents here. Being a Notary is not the same as working for the circus. The consequences for a mistake could end you up in court.

Additionally, many document names have variations. If you check the box for an Errors and Omissions document where the real name is Errors and Omissions Compliance Agreement, you did not reference the correct document.

The more serious problem with check boxes is that many Notaries feel that the laws affecting proper journal filling procedure suddently change the minute you use the check box journal. Many Notaries feel you no longer have to obey the one document per entry law or principle. Not true! The principle is still the same. The signer or borrower has to sign for each journal entry and for each document in a separate journal entry — no exceptions and don’t cry about how much longer it will take you. You are Notaries, not clowns!

My suggestion is to use the regular NNA soft cover Official Journal of Notarial Acts. It is good for any type of Notary act, has room for a thumbprint, notes about the signer, room for credible witnesses, etc. It was all I ever needed and I went through about six dozen in my career.

I first saw a real journal with check boxes recently when Carmen showed me hers. She fills hers out by hand instead of checking boxes by the way (which is correct). However, the journal doesn’t mention that many choices of documents (only about 18) so if yours is a variation on a name of a document or not on the list you still need to write it by hand. The check boxes only encourage bad bookkeeping. So, no more check boxes. We don’t like it. It is not professional, safe or a good practice!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do Notary Journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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September 7, 2010

Everything you need to know about journals

Filed under: Comprehensive Guides,Journals,Popular on Facebook (A little),Popular on Twitter 2010,Technical & Legal — Tags: , , , , , , , , — admin @ 7:20 am

Everything you need to know about notary journals.
Not all states require a journal of official notary acts. However, it is wise for notaries to keep a journal, as it is a record of all notary acts that they have ever done. A notary journal is a bound and sequential book containing records of all notary acts done by a particular notary. If a notary completes all the entry of a particular journal, they can start a second journal.

What goes in a journal entry?
(1) The date and time of the notarization
(2) Type of notarization
(3) Name of the document and document date (if there is one ),
(4) Name and address of the signer
(5) Type of identification ( personally known to the notary, credible witnesses, or ID document )
(6) State/Country, Serial #, and expiration date of the ID.
(7) Additional notes
(8) Signature of the signer
(9) Thumbprint of the signer
(10) Notary fee charged (if any)

The additional notes section is a part of the journal not understood by many notaries.
If credible witnesses are used, their signatures and ID’s should be recorded in the additional notes section.
If any unusual situations arise during the notarization, or there is anything unusual about the signer or the venue, that should be documented in the additional notes section. If travel fees are charged, that too can be documented in the additional notes section.

Journal thumbprints
Not all states require journal thumbprints. However, documents effecting real estate or large amounts of money should have a journal thumbprint accompany their notarization. A thumbprint is the only absolute way to identify a signer if fraud is suspected. ID cards and signatures can be forged, but a person’s thumbprint is unique to that individual. If a notarization is ever investigated due to suspicion as to the identity of the signer, a thumbprint can end the investigation cold in its tracks and possibly save the notary from having to appear in court.

Lock and key
The notary must keep their journal under lock and key. Bosses, co-workers, family members, and strangers alike are not allowed to inspect the notary journal without the presence of the notary. They are not allowed to do notarizations with the notary’s seal and journal under any circumstances.

Lost, stolen, or damaged journals
If your journal gets lost, stolen or damaged, contact your state’s notary division immediately and let them know what happened in writing.

What do you do with your journal when your commission is over?
If you don’t renew your commission, ask your state notary division what to do with your journal. It is most likely that they will need to be submitted to your county recorder’s office.

Where do I purchase a journal?
Notary journals can be purchased from the NNA, or from many other vendors on the internet. Some local office supply stores might have journals too, although that is not a predictable place to buy journals unless you are sure they have them.

How many journal entries do I create?
If one signer signs one document, create one journal entry. If one signer signs two notarized documents, that would necessitate two journal entries. If three signers each sign two notarized documents, thats six journal entries, all of which need to be signed by the corresponding signer.

Where do I keep my journal when I’m not using it?
Keep it under lock and key. You can have a notary carry all bag with a mini-lock, or keep it locked in a desk drawer to which only you have the key. Nobody else should ever be able to access your journal

What if someone has an inquiry about a particular journal entry?
Just ask them what the date of the notarization was and the name of the signer, and look it up in your journal. If you have several journals in your archives, you may have to go through your archives. You can make a copy of the journal entry and send it to the person making the inquiry, but hide information pertaining to notarizations of other individuals on that same page.

Tweets:
(1) A journal entry must include: time & date, type of notarization, doc name, name & address of signer…
(2) Journals must be kept under lock & key and returned to the county clerk at the end of your commission.
(3) Learn the finer points of journal entries: where credible witnesses sign, thumbprints & notes.
(4) Everything you need to know about journals, but were afraid to ask.

You might also like:

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

How do I fill out a Notary Journal entry?
http://blog.123notary.com/?p=1725

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March 22, 2024

How Notaries Can Protect Themselves and Clients From Fraud

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

In the digital age, where transactions are increasingly performed online, the role of notaries has become even more critical. Homeowners and business owners alike must understand the importance of notarization in safeguarding against fraud. For notaries, especially those just beginning their practice, adopting mobile notary safety tips for beginners is essential for protecting themselves and their clients. This article aims to provide valuable insights into how notaries can enhance their fraud protection measures.

Understand the Risks

Fraud in notarization can take many forms, from identity theft to forgery. Notaries play a pivotal role in verifying the identity of signatories, ensuring that documents are signed willingly and under no duress. Recognizing the signs of potential fraud is the first step in prevention.

Implementing Strong Verification Processes

One of the most effective ways to prevent fraud is through rigorous verification processes. This includes checking multiple forms of identification and being aware of any signs that an ID might be forged. A critical mobile notary safety tip for beginners is always using up-to-date technology for ID verification, including apps and devices designed to detect fake IDs.

Keep Detailed Records

Maintaining detailed records of all notarial acts is not just a best practice; it’s a necessity for fraud prevention. This means keeping a well-organized journal that includes information about the signatories, the type of documents notarized, and the verification process used. In cases where fraud is suspected, these records can be invaluable in tracing the source and providing evidence.

Educate Your Clients

Education is a powerful tool in the fight against fraud. Notaries should take the time to inform their clients about the notarization process and its importance in preventing fraudulent activities. This includes explaining the role of notaries in verifying identity and the legal implications of notarization. By educating their clients, notaries build trust and empower their clients to be more vigilant.

Stay Informed and Update Your Skills

The methods used by fraudsters are constantly evolving, so staying informed about the latest fraud trends is crucial. Notaries should attend workshops, seminars, and other educational opportunities to keep their skills sharp and up-to-date. Additionally, joining professional notary associations can provide valuable resources and support.

Use Technology to Your Advantage

Technology can be a double-edged sword, but when used correctly, it can significantly enhance the security of notarial acts. Employing digital journals, electronic notarization platforms, and secure communication channels for mobile notaries can help prevent fraud. However, it’s essential to ensure that any technology used complies with state laws and regulations regarding notarization.

Key Takeaways on Preventing Notary Fraud

Preventing fraud in notarization requires vigilance, education, and the adoption of best practices. By implementing strong verification processes, keeping detailed records, educating clients, staying informed about the latest fraud trends, and leveraging technology, notaries can significantly reduce the risk of fraud. Moreover, for those offering mobile notary services, following mobile notary safety tips for beginners is crucial in safeguarding themselves and their clients from potential fraud.

In conclusion, the fight against notary fraud is ongoing and requires a proactive approach from notaries. Remember, protecting your clients also means protecting your practice. As you look to grow your mobile notary business, remember to incorporate marketing tips for mobile notary services into your strategy. Doing that can help your client base while ensuring safety and integrity in your notarial acts.

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