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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Index of information about documents
http://blog.123notary.com/?p=20258

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October 15, 2020

Names for Notary Businesses with Commentary

Filed under: Business Tips — admin @ 8:15 am

Notaries love to read about names for Notary businesses. Some names are geographical, some are funny, and some get you in trouble. Others sound cliche and a few are catchy. Here are some names we see and a few we made up for fun.

Notary 4 U
Now there is a name that works well on an email address.

Signatures 4 Less
Sounds like a bargain

Notaries R Us
Sounds like a Toys R Us commercial. Affidavits are in aisle three.

Seals on Wheels or Notary on Wheels
This on is popular.

Seal the Deal Mobile Notary
Talk about getting things done.

The Notarizer or The Noterator
I think Arnold has registered this name already.

Have Stamp Will Travel
Brings back memories of the old West.

What’s Up Docs
This signing service ended up not doing that well. People thought their name was goofy. But, Bugs Bunny liked it and that’s all that matters to me.

A1 Notary Services
Try this service out when Worcestershire Notary Services is busy!

Notary 90210
Great service, but discounts are probably not their thing in that zip code.

Notary Now
On a busy day, they temporarily change their name to Notary Later.

Jesus (pronounced Hey-soos) & the 12 Apostilles 24 hour Mobile Notary
“We’ll get the job done come hell or high water.”
Sounds like a great name for a Hispanic Notary & Apostille / Authentication Service.

Vampire 24 Hour Notary
“We are Vampires and never sleep. Our price for a Jurat is half a pint of blood with a straw.”

Right on Time Mobile Notary
If you worked for Domino’s Pizza you’ll have an in getting a job from these guys.

Prestige Mobile Notaries
I think the 90210 is still a better idea. Don’t say it — show it…

Royal Notary Service
I’m sure this is where Queen Elizabeth gets her Affidavits.

A. Paul Steele
Sounds like a great name unless your clients want an Authentication!

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You might also like:

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

Geographic Notary Business Names
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Notary Business Names
http://blog.123notary.com/?p=2302

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

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

Deceptive Identities – Companies that change their names
http://blog.123notary.com/?p=1090

Stealing a Business Name
http://blog.123notary.com/?p=2660

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July 27, 2020

Does the signer sign the notary certificate?

Filed under: Notary Mistakes — admin @ 10:21 pm

Many of you will notice that on a Notary certificate such as an acknowledgment certificate or jurat certificate there is no place for the signer to sign. The certificate forms are for the notary to fill out — for the notary ONLY. The notary indicates the venue, date, who the signer(s) are, and entering the name of the notary. The notary signs and seals (stamps) but the signer should not inscribe any information on that form.

BTW, this is a beginner question. If you are advanced and don’t know this — good God!

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May 7, 2020

Oaths must be signed by the Notary

Filed under: Technical & Legal — admin @ 9:40 am

I read in page 28 of the California Notary handbook that Oaths must be signed by the Notary. How do you sign a verbal act? Jurats must be signed and have a form and place to sign. But, an Oath is a purely verbal act with no accompanying paperwork at least in California. I am stumped. Can someone explain what I am missing?

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April 7, 2020

Lose the attitude…

Filed under: Carmen Towles — admin @ 8:46 am

Many notaries come to me for advise and assistance with notary and loan signing procedures. On occasion I get folks that have a chip on their shoulder for whatever reason. I know this ’notary signing agent business’ can be perplexing and just plain hard to break into. The main problem is that most folks that come into to this profession are not sufficiently trained in their states notarial procedures. So when notaries reach out with questions it is for some of the most basic notarial acts. Things truthfully, they should just know. This is the Secretary of States job which most have failed miserably. Many states don’t have any examples of where to place their stamp or even how to fill out an acknowledgment or jurat but many do and its worth it to look into their handbooks to check.

On this particular occasion, a notary texted me a copy of a jurat and had no clue as to where to place her seal despite the fact to me at least it was obvious that these was a ton of space to the left of her signature. She asked me if this is where she ws to affix her seal. I wrote back 2 word only; ‘Ummm, yes’. I mean where else would you put it. It was the most basic part of her job that she should know. She wrote back quite annoyed that how was she supposed to know this?, blah, blah, blah. Well, how about for starters, getting your notary handbook out and giving it a try, Most folks just focus on loan signing without preparing for what’s really important. THE NOTARIZATIONS!!!

She went on to rant in a text that this is why folks are afraid to ask questions. Well guess what?, you better ask questions. Being a notary can be costly for you and the person you are notarizing signature on documents for. She stated that I sounded annoyed and she was sorry to bother me and that was that. Folks getting an attitude is not helping the situation at all. You had better get all your questions answered and know what you are doing BEFORE you touch anybody’s documents for your sake and theirs. If you don’t ,you will pay the price in more ways than one. And if a little “Ummm”, was enough to set you off then maybe you need to rethink this whole notary signing agent thing.

Why anybody wants to get into this profession without knowing everything about it is beyond me.

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April 2, 2020

How Much Can I charge for a mobile notary assignment and be sure that I will get the job?

Filed under: Other Guest Bloggers — admin @ 8:48 am

There is no easy or definite answer but based on my experience over many years, I have the following suggestions.

First and foremost, don’t immediately say YES when you are asked if you are available to do a notary signing.

The first question should never be, “how much are you paying”? Instead ask informative questions.

When (day and time) do they need it, what type of signing is it (Loan, refinance, POA etc), where is it and how many signatures are being notarized?

If you are comfortable with the answers you get on the above questions even if you don’t get all of the answers, then proceed with getting further details.

Who has the documents? If they are going to email them to you, when is the latest you can get it? Do you need to print one or 2 sets? Do they want you to fax or scan & email them back or drop it at a FeDex or UPS office? I always tell them to email the borrower a copy of the loan documents so they can review them ahead of time and not waste your time reading all of it and ask you questions when you get there for the signing.

After going through your questions, now is a good time to ask them how much they pay for the notary signing and for you to negotiate. You know the distance, date, time and hopefully number of signatures to be notarized. You need to know how much your time is worth and is it worth driving 1 hour for $75 or $150. Be prepared to let them know your reasons for your fee. In Los Angeles, the traffic can set you back 2 to 3 hours depending on where and what time you are traveling. What revenue are you giving up during the travel time otherwise known as Opportunity Cost?

I was recently blindsided when I accepted a notary signing for $250/-. On the surface it seems like more money than the average signing. The two critical mistakes that I made are not finding out definitively if the loan signing is for California or out of state and total number of signatures to be notarized. Out of state loan documents especially New York require more notarizations which require that you prepare California Acknowledgments or Jurats. Never assume that the number of signatures notarized are generally the same at around 4 or 5 for loan signings. The number of signatures I notarized was 30, not including numerous signatures and initials. Without the traveling fee alone, I could have charged up to $450/-. The signers wanted me at their house on the west side of Los Angeles at exactly 6 p.m. because it was convenient for them. That is rush hour and I spent an hour and one half on the freeway and only got there at 6:30 p.m. and offered my apologies to the signers.

As I drove back at 8:30 p.m., I reflected on how I can avoid repeating my mistakes. Although I asked for the number of signatures to be notarized, they told me that they did not know. Going forward, if I was told that they did not know the number of notarizations, then I would confirm via email that the mobile fee is good for up to 6 signatures and anything more they will be charged an additional $15/signature notarized. Next, I will not accept any assignment that will force me to drive during rush hour. If they insist, I will charge an additional fee depending on how long I expect to be stuck in traffic. If they don’t want to pay, that is fine. They can find another notary but at least I am valuing my time and they will know it.

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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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January 31, 2020

Oaths need to be signed?

Filed under: California_Notary — admin @ 11:39 am

I have heard from my sources that Oaths, Affirmations and Depositions all need to be signed by the Notary in California. This is on page 28 in the 2019 handbook near the top of the page.

But, how do you sign an Oath? An Oath is given in thin air? Unless you have a certificate stating that you gave an Oath. Or if the Oath is part of a document that is signed by all parties. Hmm. This is very odd. I wonder if any of our members have ever signed an Oath. Most of our Notaries don’t even know how to give Oaths correctly. Please let me know.

BTW, there is suggested verbiage for Jurat Oaths in the 2019 handbook on page 12. You can improvise upon it as there is no official verbiage.

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November 15, 2019

10 ways to die as a Notary — choose one!

Filed under: Humorous Posts — admin @ 5:46 am

Being a Notary isn’t always safe. Here are some dangers that you might fact.

1. Being physically abused by a borrower who doesn’t like their APR

2. Being carjacked on the way to a signing

3. Getting in a deadly accident on your way home from a signing.

4. Having your dual tray laser printer explode sending a tray (not sure which one though) flying into your head.

5. Gaining weight because you spend too much time sitting and driving and then dying from cardiovascular issues

6. Dying from touching poisoned ink that you put in your stamp.

7. Having a heart attack because you forgot your journal at home during a signing.

8. Dying of anger because you didn’t like Jeremy’s phone quiz.

9. Dying of love sickness because you realize you can’t date that borrower because she is unethical and wanted to backdate.

10. Dying in jail because you backdated and got caught.

11. Dying of romance because you wanted to date a borrower and they suggested going out on a “back date” and you died in the time machine trying to go back in time 24 hours without getting stuck there.

12. Bleeding to death due to a paper cut from a Jurat or Acknowledgment.

13. Doing a fatal Oath that kills you. “So you solemnly swear that… oh… I’m dying…”

You might also like:

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

10 things notaries can do to screw up a notarization
http://blog.123notary.com/?p=18864

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November 5, 2019

How do I find a Hindi speaking Notary?

Filed under: Public Interest — Tags: — admin @ 8:38 pm

Where can I find a Notary who speaks Hindi?
Look no further. 123notary.com has many Hindi speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Hindi speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Hindi box and find only Hindi speaking Notary service providers.

How good is their Hindi language proficiency?
On 123notary.com, we have many Notaries who speak Hindi. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from Hindi speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your Hindi speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary Hindi — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in Hindi?
Notaries may Notarize a document that is in Hindi, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in Hindi?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or Hindi language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Hindi and the Notary knows Hindi, you can conduct your Oath in Hindi.

How can I get a Hindi language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks Hindi to assist you in this matter. Just visit our Advanced Search page and look up a Hindi Speaking Notary by zip code!

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How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Apostille general information
http://blog.123notary.com/?p=21419

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