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June 14, 2024

Overcoming Fear of Technology for a Notary Business

Filed under: General Articles — Tags: Fear of Technology — Tom Wilkins @ 12:00 am

In today’s rapidly evolving digital landscape, it’s not uncommon for professionals, including homeowners and business owners involved in notarial services, to feel overwhelmed by technological advancements. This fear can often hinder the growth and efficiency of a notary business. However, embracing technology can significantly enhance your operations, making your services more accessible and reliable. This article will explore practical strategies for a notary business to overcome the fear of technology for a notary business and harness its full potential.

Understanding the Root of Technology Fear

The first step to overcoming the fear of technology for a notary business is understanding its origin. Many notaries experience this fear due to unfamiliarity with digital tools or the misconception that technology may complicate their processes. By acknowledging that when appropriately utilized, technology simplifies tasks, reduces errors, and saves time perspectives, notaries can begin to shift their mindset and embrace digital enhancements in their professional operations.

Education and Training

Education and training are among the most effective strategies to overcome this fear. Engaging in workshops, online courses, and webinars about digital tools designed for notaries can demystify technology and boost confidence. Learning about electronic signatures, digital journals, and online appointment systems can transform how you manage your notary tasks.

Start Small

Begin by integrating small, manageable technological changes into your business practices. This might mean starting with a basic online scheduling system to organize appointments or using digital payment methods for your services. Small successes will build your confidence and encourage further exploration of technological solutions.

Leverage Peer Support

Connecting with other notaries who have successfully integrated technology into their operations can be incredibly beneficial. Peer groups, forums, and professional networks provide insights and firsthand accounts of how technology can enhance service delivery. Sharing experiences and tips can make the transition smoother and less intimidating.

Focus on the Benefits

Focus on the tangible benefits that technology brings to your notary business. For instance, digital records ensure better security and easier document retrieval than traditional paper files. Highlighting technology’s efficiency, accuracy, and security can motivate you to embrace digital tools.

Implement User-Friendly Technology

Choose technology that is user-friendly and well-supported. Many software companies offer robust product support and training, ensuring you feel comfortable and supported as you navigate new systems. User-friendly technology diminishes the fear associated with complex interfaces and steep learning curves.

Regular Updates and Maintenance

Maintaining the technology you adopt is crucial. Regular updates ensure that your systems are secure and function efficiently. Establishing a routine for updates and maintenance can alleviate fears of technology failures and data breaches, reinforcing the reliability of digital tools.

Embrace Technology Confidently

Though initially intimidating, embracing technology in your notary business can be streamlined with the strategies outlined. By acknowledging your fears, committing to ongoing education, taking incremental steps, and keeping the benefits in mind, you can overcome the fear of technology for a notary business and transition from apprehension to expertise. This gradual approach to overcoming technological fears will make technology a reliable partner in your practice and enhance your business’s efficiency and customer satisfaction.

Moreover, as you integrate these technological advancements, complement your knowledge with additional resources, such as understanding the precise notary oath wording, to ensure flawless execution of your notarial duties. The linked resource offers vital information that augments your technological enhancements, preparing you to offer your clients top-notch service. Embrace these changes and observe your notary business’s growth and improved efficiency.

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March 22, 2024

How Notaries Can Protect Themselves and Clients From Fraud

Filed under: Notary Public 101 — Tags: Preventing fraud — 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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January 8, 2022

Notary Suicide Hotline

Filed under: Virtual Comedy Themes — Tags: fax backs, notaries, Notary, Notary Suicide — admin @ 5:04 am

This was originally published many years ago.

This blog entry seems appropriate now that the holidays have set in. I’m sure many of us have a solid dose of holiday related depression with less sunlight, and an interruption of our daily routines.

“Hurry — we have a level 3 on line 2!”, said the neurotic manager of this organization. What organization was this, you might ask? It is none other than the Notary Suicide Hotline. But, I have never heard of this, you might say! It all came to Jeremy in a dream…

The dream…
It was a few days ago. Jeremy had a dream that he and a few notaries were having sandwiches. The bread was a foot long, but each sandwich only had a small cutlet in it. Then Jeremy went up to the 7th floor of a haunted mansion to hide, because he felt bad that the notary industry was so slow, and felt afraid too! So, Jeremy went to his psychic to do dream interpretation. The sandwiches had lots of bread which represented hard work, but very little cutlet which represented nourishment. That meant that the notaries were working too hard for not enough money!

Another dream
Then, the next night Jeremy went to sleep there was another dream. In the dream, the NNA had become very concerned about the emotional well-being of notaries throughout the country. Many were depressed, and a few even contemplated ending it all. Something had to be done. So, the NNA created the Notary Suicide Hotline.

The call
Notary: “Hello… (sob) It’s too upsetting”
Frank: “I’m sorry about what you are going through. Would you like to talk about it?”
Notary: “Yes… well… It was another $40 signing… boo hoo hoo!”
Frank: “I’m so sorry to hear about that — please hold”

Frank “Hey Sully, we have a level 3 on line 2, can you handle it?”
Sully: “I got it!”
Frank: “Sorry to keep you waiting, I am going to transfer you to Sully — he specializes in exactly this type of crisis”
Notary: “Oh…okay”
Sully: “Hi, this is Sully, I heard that you were offered yet another $40 signing”
Notary: “Yes, it is terrible — we deserve more, especially with fax backs!”
Sully: “I’m so sorry about that. How many fax backs were there?”
Notary: “There were 12. I can’t figure out why they need so many!”
Sully: “Maybe they are insecure. Just remember — it’s THEM, not YOU”
Notary: “Really?”
Sully: “Yeah, they are the guys with the problem, not you!”
Notary: “Do you really mean that?”
Sully: “Sure, we get this all the time. they are paranoid that someone didn’t sign ONE little document on one out of a hundred loan documents. My attitude is — deal with it. Don’t put the notary through hell. If the notary makes a mistake, just don’t use them again unless they have a good track record.”
Notary: “That makes me feel so good. You are really on my side!”
Sully: “Hey… we have been dealing with this for a long time. It never ends. And for $40. It is ridiculous. They should pay at least $90 for those types of signings. But, don’t feel bad, just ride the wave until the economy picks up. They, maybe you’ll get lots of $125 signings, especially if you have experience.”
Notary: “I feel so hopeful now. I pictured everything being gloomy forever!”
Sully: “Nothing lasts forever. What goes down, must come up again, right?”
Notary: “That’s true. When the economy was good before, I thought it would last forever. Now that things are slow, I am depressed thinking that things will be slow forever. But, that isn’t true. Everything in the notary industry is cyclical!”
Sully: “You got it. So… you’re not thinking of ending it anymore, right?”
Notary: “No, you talked me out of it. How can I ever thank you?”
Sully: “Well, this week we are having a special, buy three NNA journals, get a half-price ticket to one of our seminars, what do you think?”
Notary: “Well, how much are three journals?”
Sully: “$40, but without the fax-backs!”
Notary: “It’s a deal!”

So, ends our level 3 suicide hotline call. Thank got it wasn’t a level 10. Level 9 is when a notary is standing at the edge of a bridge holding a stack of pre-fax-back loan documents. I’ll leave it to your imagination what a level 10 is. You need a lot more experience handling those types of calls.

Tweets:
(1) The Notary Suicide Hotline — making sure notary commissions expire before the notaries do since 1932.
(2) Notary Suicide Hotline: “I have a level 3 on line 2, can you handle it?”
(3) Notary Suicide Hotline: “May I help you?”
Notary: “I’m tired of $40 signings w/fax backs!”
(4) Don’t put the notary through hell. If the notary goofs, just don’t use them again.
(5) Dream: A long sandwich w/3 little cutlets inside.
Interpretation: Notaries doing too much work for too little money.

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Comments (2)

August 14, 2021

Being a notary vs. waiting on table

Filed under: Humorous Posts — admin @ 8:00 am

When I have new notaries on board, I normally give them a welcome call. I asked one guy what his professional background was. He told me he was a Notary for a month. I told him that a month doesn’t constitute a professional background, but that a 20 year teaching background would. Then he said that he was a Real Estate intern for half a year. Finally, I asked him, “Are you young?” I forget that young people don’t have a professional background or necessarily know what one is. But, if they keep having a boring and dull life going into the office, they will attain one in 10 short years. But, what about being a waiter?

WAITER: Welcome to Mel’s Diner, can we interest you in a drink?

CUSTOMER: I’ll have the jackhammer.

WAITER: Can I see some ID?

CUSTOMER: I’ll sign the journal, but I won’t thumbprint.

WAITER: Hmmm. So, what’s your sign?

CUSTOMER: I’m a Leo.

WAITER: So, you were born, July 28th, 1997.

CUSTOMER: You are trying to trick me. I was born the 29th.

WAITER: I wasn’t trying to trick you. I have bad eyesight. And I don’t use a journal because my state doesn’t require waiters to use a journal.

NOTARY: You sound like a Notary in one of those states that doesn’t require journals. But, when you get busted by the FBI and the journal is your only evidence that you weren’t involved in a serious act of fraud, you could get put in jail or end up in court forever.

WAITER: Good point. What if someone orders an illegal drink with a fake ID, I don’t keep a record of it, and he gets in his car, runs someone over, and I get blamed. That “journal of official waitorial acts” could be my only defense.

CUSTOMER: I never thought of that. You know, you CAN thumbprint me. I even brought my NNA thumbprinter.

NOTARY: Are you a Notary too?

CUSTOMER: Not yet, but I’m going to become one, and I’m learning something right here about being a Notary. It can be a dangerous job if something goes wrong.

NOTARY: It’s like driving. It’s safe 99.9% of the time, and then something unusual happens and then only your seatbelt can help.

WAITER: Many people don’t like precautions unless they sound like Covid-19 precautions — then they like endless restrictions and precautions.

CUSTOMER: If I were running this joint I would say — you can have that jackhammer, BUT ONLY if you sign this journal. But, you can’t sign the journal unless you wash your hands three times and say hail Mary, and then walk around in a circle counter clockwise, use a sanitized pen, and then sign it wearing an N-95 facemask.

NOTARY: How about sound effects. If someone orders a jackhammer, shouldn’t that come with sound effects. Maybe get some sampling?

WAITER: How about this? “Chu chuh chuh chuh chuh…… HEY SULLY, we’re that pipe you brought ovuh? chuh chuh chuh chuh …. WHAT? I CAN”T HEAR YOU. I got my ear plugs on.”

CUSTOMER: Wow, that changed the whole customer experience in an even better way than those meaningless restrictions.

WAITER: Sully says he likes the part about the hail Mary as you go around three times.

NOTARY: Is Sully a real person?

WAITER: He’s real to me! So, let me guess. Would you like to try a virgin Notarita?

NOTARY: Sounds great, but the drink sounds underaged. I don’t want to get in trouble.

CUSTOMER: It’s okay, the drink has been aged 21 years. We just need to make sure that you are of proper age and sound of mind.

NOTARY: Here’s my ID. Wow, this is like life in reverse.

WAITER: So you could notarize that drink because it’s old enough.

NOTARY: It’s age is passing, but it doesn’t have an ID.

WAITER: But, it does have a signature — in fact it’s our signature drink.

NOTARY: In that case, that makes it okay. So, honestly, are all of your clients as interesting as us?

WAITER: Some are a lot more interesting. But, it’s hit and miss, especially the ones who forgot their ID.

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August 4, 2021

Kamala Harris proposes a $300 minimum fee for signings

Filed under: General Stories — admin @ 6:33 am

KAMALA: I suggest a $300 minimum fee for loan signings.

RAND PAUL: If you do that, then most Notaries will be put out of work. Hiring parties will still have the right to NOT hire people…. at all.

JEREMY: Stop making sense! If everybody made sense then nothing would get done.

KAMALA: I remember that 20 years ago, there was a little girl who dreamed about being a mobile notary, and driving a Mercedes C class on her way to signings. Every night after she came home from school she would study Notary journals. She had to look up every second word because it was written in legalese. That little girl would do anything to become a successful mobile notary.

JEREMY: Let me guess — that little girl was you.

KAMALA: Hey, I’m supposed to say that.

RAND PAUL: I think the “20 years ago” part is a bit of a stretch.

KAMALA: Stay out of it!!! — I’ve still “got it” and you know it. I saw you checking me out.

JEREMY: A point well made. But, during your debate with Biden you said that you thought mobile notaries only deserved $150 minimum fee. Why a sudden change in heart?

KAMALA: It was a debate…. (pause)… It was a deBATE… (pause). It was a debate!!!! It was a debate…………………………………… ha ha ha ha ha!!! It was a debate!!!!!!!!!!!!!!!!!!!!!!!!!!

RAND PAUL: Isn’t she supposed to say that exactly 12 times?

JEREMY: Does Joe check you out too?

KAMALA: (frustrated look). None of your business!!!!!!

JEREMY: You can buy a lot of masala dosa with $300 per signing. But, the price of sambar is going up.

KAMALA: Not if you make it yourself. And I know where to buy the best ingredients!

TUCKER CARLSON: It looks like you are creating an elite class of Notaries who get all the work while everyone else starves. Is that the goal of socialism? It’s sure not my goal.

KAMALA: No!!! I just want people to get paid what they deserve.

JEREMY: They already do get paid what they deserve. It is called a free market.

RAND PAUL: At $300 per hit it’s anything but free. And with the test scores people get on Jeremy’s test, I’m not sure if they deserve more than $30 per signing… on a good day.

JEREMY: Good point. I was supposed to say that.

TUCKER CARLSON: Well you can say that next time.

LAURA INGRAHAM: And that’s the angle!

BYSTANDER: AT $300 per hit, I would just notarize myself.

JEREMY: That’s illegal

TUCKER CARLSON: That’s correct, and that wraps it up. Now, on to peace in the Middle East, or the lack of it. We have an interview with Bibi Netanyahu…

Comments (16)

June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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May 1, 2021

Precautions as a notary are like wearing your seat belt

Filed under: Best Practices — admin @ 6:28 am

One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

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April 20, 2021

Last minute notary questions? Who do you call?

Filed under: Business Tips — admin @ 8:13 am

I have to keep reading online to see what is going on in the industry. When I was a Notary (young man) the NNA had a great hotline. I am not sure if they kept it continuously, but they still have it now.

They are great at answering state specific technical questions and train their staff well. Go to the NNA’s website and find out what their number is. Additionally, NNA is a great place to buy E&O Insurance, stamps, bonds, journals (my favorite source) and certificate pads. Yes, it is one stop shopping.

So, now you know who to call, and it is not Ghostbusters. It’s the NNA hotline!

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January 22, 2021

Are you dual commissioned? Should you be?

Filed under: (5) State specific — admin @ 1:26 pm

Do you live near a state border? Not all states allow out of state notaries to become a notary in their state but some do. To the best of my knowledge here is a list of states that allow dual commissions, or at least where one of the pairs or multiples of states allows out of state notaries and where we list notaries with multiple commissions.

WA, OR,
WA, ID
ID, MT
MT, ND
KS, MO
NY, NJ
NJ, PA
NE, IA
TN, MS
FL, GA
GA, SC
RI, MA
DC, MD, VA
Possibly More…

Being dual commissioned might cost more. You will have to have two sets of stamps and perhaps journals. Two sets of bills. Two sets of many things.

123notary can list you in two states. However, there would be two listings, two sets of counties, and we hate it when people mix their list of counties between two states. But, two listings, means logging into two listings every 120 days, and perhaps double the business.

Additionally, being dual state is impressive. It means you are serious. Nobody fooling around will bother getting commissions in two or three states.

Comments (4)

November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: Fines for Notary Misconduct, Notary fines, Notary Misconduct — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

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