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December 5, 2017

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees

If you are named as a conspirator in an identity theft ring or identity theft case, you might be looking at some serious legal costs. Being a Notary is not safe, especially when you refuse to keep your books correctly (oh, but my state doesn’t require me to.) Excuses will not get you off the hook when you are a suspect in an identity theft case and when your journal doesn’t has a fake ID documents and no thumbprint (oh, but my state doesn’t require me to). Your state’s shoddy lack of requirements could cost you $20,000, but only if you choose not to keep proper records. Your state is not forbidding you from keeping good records. They just don’t require good records. It might be fun to just stamp things without keeping a record of what you did. But, the fun will go away when you are named in a law suit.

Legal costs might only be a few thousand, but could be as high as $20,000 in a worst case scenario.

Keeping a journal properly with:
1. One entry per person per document… i.e. if two signers each sign five documents that is ten journal entries.
2. Keep journal thumbprints as that is the only way the FBI can catch frauds if a fake ID is used (in many cases.)
3. Keeping additional notes about the signers might help in court such as mentioning tattoos, a nervous twitch, or anything else noteworthy.

Keeping good records is your responsibility as a good Notary whether required by law or not. Your refusal is pure obstinate and I won’t tolerate it for a minute. If you don’t understand good record keeping, the NNA teaches journal filling procedure quite well. So, consult them or risk possible legal consequences! Keeping your journal correctly doesn’t keep you out of court — it just normally shortens your time dealing with investigators and the court system to a few minutes instead of a few months. Take your pick!

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You might also like:

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

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

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November 13, 2017

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

When I was a Notary and was handed some other Notary’s work, I normally saw that the he/she/they and capacity(ies) that needed cross outs did not have cross outs. By omitting the cross outs you cannot know if the signer is a single man, woman, or multiple people. California no longer allows Notaries to verify capacity which leaves one less thing to cross out.

If you as a Notary omit to cross out the she/they on an Acknowledgment for a single man, someone could add another name to the certificate and get away with it undetected. Notaries can be extremely negligent and don’t get caught — usually. But, I catch them by the dozen every day and penalize them on my site. I throw hundreds of Notaries off my site for failing my over the phone Notary quizzes. And others stay on the site but I deduct points from their point algorithm results which makes it very hard for them to upgrade. You might not take doing your job correctly seriously, but I do.

And then the Notaries who take their job seriously, but have been doing it wrong for 20 years and think that their work is flawless. I will catch you. I will expose many things you are not doing or are doing incorrectly. Better that I catch you rather than ending up in court with legal fees for not filling out forms correctly. Being a Notary is not rocket science. There is no reason for such negligence!

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You might also like:

Penalties for Notary misdeeds and misconduct
http://blog.123notary.com/?p=2067

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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February 7, 2021

Face mask laws are illegal and here’s why

Filed under: General Stories — admin @ 3:15 am

Executive orders cannot contradict existing legislation. If they do, the supreme courts can shut the order down. However, the system of checks and balances seems to be on vacation due to bribery or pure laziness, (or stupidity.)

If you enforce a Face Mask Order, in my lay person opinion you are guilty of treason. Why such a serious accusation for such a reasonable action?

1. By enforcing a face mask order as a security guard, etc., you are aiding and abetting a rogue governor acting as a dictator or emperor to violate your right to liberty. Liberty is a constitutional right. If you help someone to violate the constitution, you are personally violating the bedrock for which our nation was founded — and that makes you an enemy of the state which is high treason.

2. Face Mask Orders are not legislation. Enforcing an order which is not a law means you are enforcing a dictation that did not go through the legislative process, is not codified, and was not subjected to any checks and balances — it is arbitrary, and not a law. And with this type of order, the Governor could tell you to do just about anything whether it makes sense or not — and they do. Remember the wet sand dry sand Covid-19 debate? If you don’t, then you need to “follow the science.” (what science? BS!!!)

3. Face Mask Orders violate the Federal Disability Act which stipulates that it is illegal to discriminate against someone with a disability. If you have a heart or lung problem, a liver problem or breathing problem, it might be difficult to breathe or dangerous to wear a face mask. Businesses open to the public must provide reasonable accommodation or modifications to suit those with disabilities. These include handicap ramps, etc. But, the rights of those with heart problems – and there are many, seem to be overlooked. Moreover, nobody seems to care about the effects of my heart problems and the indifference I receive from society — which is heartbreaking (literally) and causes physical discomfort to my heart. Love is good for the heart, cruelty, hatred and indifference are not so good.

Furthermore, it is dangerous for some people to wear a facemask as it can cause rashes, legionnaires disease (which is deadly and arises from bacteria contained normally in water droplets or mist that could be on a face mask. But, your BOC (BLOOD OXYGEN CONTENT) decreases when you wear a mask, and I have seen documentation of a young lady who passed out as a result. There were no warning signs. Her oxygen level took a dive and she just fell. This was documented on youtube just for the record and I don’t remember the person’s name.

Forcing someone to wear a face mask is forcing them to endure deprivation of their LIBERTY, it is dehumanizing for many, it could be considered animal treatment, it is humiliating to be forced to wear something against your will, it decreases your oxygen level which could cause a vulnerable person to gasp for breath (me included) or even lose consciousness. And all of this in the name of alleged safety. Slowing the spread of Covid does not make you safe, it just means that the same amount of people will get infected in subsequent months. How is it safer to die in April rather than in February?

It is not fair to force a healthy person to quarantine or wear a mask or take other protective measures. Liberty means you can do what you want so long as you don’t pose an unreasonable amount of risk to others. You are allowed to drive a car, and you could cause a dangerous accident — but, just as long as you aren’t blind or a reckless driver, society assumes that risk without complaint. You are allowed to drive 65 miles per hour on a freeway while it would save lives if we only drove 10 miles per hour. Society assumes a reasonable amount of risk as it weighs the benefits of driving faster vs. the safety precautions.

Nobody forces a vulnerable person to be in public, but if they choose to do so, they should do so assuming a reasonable amount of risk — the risk that others might be asymptomatic spreaders, or have some other communicable disease. The risk that someone might bump into them on the sidewalk. And the risk that someone might speak to them in French at the cafe at the airport (yes, it happened to me, and I survived.)

I think we should make a law that forbids any ship from leaving the harbor, because it might get in an accident if it goes into the sea. What if the water is choppy, or there is a storm? Therefore ships should just stay where they are and look pretty.

I think that society has lost its ability to reason and be even handed. This will result in the destruction of our nation and tremendous starvation overseas. The vaccine which openly announces is intended to mutate your DNA to help you fight Covid-19 is dangerous and will almost definitely cause widespread and irreversible disabilities, cancer, mutations, and death. So, we are going to endlessly slow the spread by depriving innocent people of their liberty and then the vaccine will be the only thing that can save us — except that the vaccine is actually the one thing that is the most dangerous for us and will cause a million times as many deaths as Covid-19 causes. Remember — only 6% of Covid deaths reported are deaths where the person died from Covid-19 with no comorbidities. That is about 20,000 deaths in 2020 which is less than from traffic accidents and less than six years worth of swimming pool fatalities. When you look at real numbers on real news (non-lamestream media) the situation looks different. To me what is going on is genocide plain and simple and the Americans in their infinite stupidity are buying it hook line and sinker. They will come to their senses far after it is too late.

If you sit and do nothing about face mask tyranny you are betraying America, liberty and justice all in the false guise of “saving lives.” Can you prove to me that you are saving even one life?

Give me liberty or give me death!!!! — Patrick Henry (Virginia)

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October 27, 2019

Are online notarizations illegal to protect outdated customs?

Filed under: Technical & Legal — admin @ 11:48 pm

One blog commentator writes that online and webcam notarizations are illegal (in many jurisdictions) simply to protect the outdated customers of traditional Notaries. Since many Attorneys are Notaries, this in his opinion is a case of mob rules where the public loses. Hmm. Interesting thought.

Security is another issue. It is hard to know on a webcam if that is the actual person being notarized. People change their hairstyle and sometimes more than one person looks like the same person. As a former Notary, seeing people’s ID is not enough in my opinion. Women change their hair around so much they are often not recognizable.

I would feel more comfortable if Notaries had facial recognition technology so that we could really identify people. It would be like that movie from thirty years ago whose name escapes me where you walk into a store and a computer greets you by name due to the technology. How annoying and invasive. China is becoming like that, but then, they have 1.4 billion people (and counting) to take care of. On a brighter note, I think the urban folks have given up having children.

So, is the growth of online notarizations stifled by mob rule, a lust to preserve traditional practices, or for realistic and reasonable concerns about security?

You might also like:

Why you shouldn’t use an online notary
http://blog.123notary.com/?p=22090

eNotary
http://blog.123notary.com/?p=21344

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December 3, 2018

Compilation of posts about lawsuits & legal risks

Here are some posts about Notaries getting in legal trouble.

Notary loses $4000 in legal fees because fraud adds name to Acknolwedgment
http://blog.123notary.com/?p=19477

If you’re named as an identity theft conspirator, it could cost $20,000 in legal fees.
http://blog.123notary.com/?p=19481

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

A Notary gets sued because of a scrambled ID
http://blog.123notary.com/?p=19443

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

Help, I’m being sued and E&O won’t help!
http://blog.123notary.com/?p=3570

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

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

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Who is the authority at a notary signing?
http://blog.123notary.com/?p=20175

Don’t have unprotected notarizations!
http://blog.123notary.com/?p=19467

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April 5, 2018

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

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

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

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

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

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

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

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

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

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

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Summary of rules using fortune cookie English

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

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

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

4. TYPED NAME on document should MATCH name on TITLE

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

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You might also like:

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

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

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

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October 29, 2016

How can I find a Vietnamese speaking Notary?

Where can I find a Vietnamese speaking Notary?
Aside from booking a flight to Saigon — there’s always 123notary.com! We have many Vietnamese speaking Notaries in California, Texas, Virginia, and many other states. Just do a Notary search by zip code.

How do I get a Vietnamese document notarized?
In California, the Notary is not required to be able to read the document so long as the signer is named in the document (for an Acknowledged signature.) However, in California, direct communication is required between signer and the Notary Public. However, in other states, the Notary might be required to understand the document. The actual notarization proceedings go on in written English. The Acknowledgment or Jurat wording must be in English and ideally using the official wording of the state where the notarization is taking place.

Oaths in Vietnamese?
You can give an Oath in whatever language you like including Vietnamese for Notarial purposes. You might need to administer an Oath as a separate Notary act, or accompanying a Jurat, Acknowledgment or for credible witnesses.

Notaries are not Attorneys
Notaries in the United States are not normally Attorneys unless officially designated. So, please direct all legal questions to a licensed Attorney and not to a non-Attorney Notary.

Immigration questions
If you have immigration questions, please do not burden the Notary Public with these as they are not likely to be authorized to help you with these matters. Please contact immigration or an authorized advisor for immigration questions.

Vietnamese Speaking Notaries are expensive
Many Notaries who speak Vietnamese charge up to double for loan signings. So, if you can function in English at all, you might save a lot of cash by hiring a good old fashioned American Notary! (I’m sure Trump would prefer that in any case.)

You might also like:

What is a Notary Public
http://blog.123notary.com/?p=6498

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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April 26, 2016

The Signature Name Affidavit

The Signature/Name Affidavit
It is most likely that you are not processing this simple form properly. First, the good news; of all the forms in various loan packages this one is probably one of the most uniform. There really is little variation in how this form is structured. I will get to where most “go wrong”; but first a bit about the purpose and structure of the SNA.

The package comes from many sources. There are bank docs, title docs, escrow docs and perhaps some from other sources. It’s a virtual certainty that the borrower name will have some slight variation on documents. Of course the key name is the one on the ID and that is the name that you will notarize; we all know that. But, how about the name variations present in the package? This form is used to state, under oath, that the affiant is “also” known as. It’s a one way form. It can only be used to add variations to the notarized name as proven. It cannot be used to “prove”, for notarization purposes a name that does not match the ID presented.

The first entry is the legal name, which I define as what is on the ID. Thus, if the middle name is on that line it must be on the ID. If, for example the middle name is NOT on the ID, it should be redacted from the top line (proven name only) and that name “demoted” to an “also known as” line in the second area. Yes, the 3 part name is their legal name, BUT – as it was not proven to me I cannot notarize it. If the ID has only the middle initial, that is the “first line” entry. They can “acquire” the middle name in full as an “also known as” in a subsequent entry.

All subsequent entries (AKAs) should include variations, including but not limited to maiden names. The most common variations are the inclusion and omission of middle initials. One approach to completing the form is to keep it on the table while processing other documents. Add to the AKA section each name variation as noticed. Ask the borrower to print and sign the AKA in parallel to processing the bulk of the package. The printed name on the left will have the variation; usually the “matching” signature on the right will be the same for each entry.

The SNA can be used in court, along with a handwriting expert; to determine a signature is authentic on a document. As the signatures were witnessed by a notary, they can be accepted as valid when comparing to a different document. For this reason it’s a good practice to N/A any unused AKA lines; so subsequent names / signatures cannot be added; do you do that?

At the start of this entry I said you probably are not processing this properly, now to prove that statement. After the AKAs there is usually a statement “and that (usually filled in with the preprinted AKA(s)) are one and the same person”. However, you probably added one or more names to the AKA entries, and had the borrower sign on the right. What you might be overlooking is the need to ALSO put the added AKAs to the statement at the bottom! Take a look at an AKA form; there is a reason that they left plenty of room. That section is often overlooked!

It’s a signing, not a closing for most of us. We are there to collect signatures and initials. It’s rare for ALL the docs to have precisely the same name; rarer still for that name to be exactly what is on the presented ID. Proper completion of the SNA is mandatory, and avoiding a redraw will mark you as both a hero and a skilled professional. But don’t go overboard; adding your own SNA is probably not a good idea. If you need one and it was not supplied, call for “what to do”!

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You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

The Signature Affidavit – what it is and its purpose!
http://blog.123notary.com/?p=22541

What defines what a signature is?
http://blog.123notary.com/?p=22173

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

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January 20, 2015

The Signature Name Affidavit

The Signature Name Affidavit
An extension of the simple signature affidavit (this is my signature), is the signature / name / AKA affidavit. Here it becomes a little bit more complex for both the notary, and the affiant. Understanding what are probably the two most frequent uses for the form helps to jog my memory as to their importance, and how they should be processed.

Both the single name format and the multiple name formats generally use Jurat wording. As, when you think about it; an acknowledgement kinda violates the basic purpose. It would be useless. That routine notary statement “Subscribed and sworn (affirmed) before me…..” is the key. This document contains, under oath, a notary witnessed (after checking ID) signature sample. Experts can compare the “known to be authentic” sample against the signatures on the questionable documents. Both formats, if ever used, will probably see a courtroom. Always use your embosser on these.

The multiple name section has the affiant making an additional statement “I am also known as”. Generally this provides a means of processing slight variations in signatures. For example, they may miss a middle initial on one of their signatures. But only if it’s completed correctly. I am looking at a signature name affidavit that has first middle and last at the top. In the “also known” there is one entry preprinted, that one uses the first and last name. But, what if they sign first, init, last? That very likely situation is not covered by preprinting. However, there are a few blank lines for the astute notary to use. Printing (generally on the left), first, init, last; and having them sign on the right using those name components. Now if they sign first init last; on **ANY** document, that document (per their own sworn statement) has their legal signature. This catch might make the closing go smoothly. And, let us not forget; eliminate the need for a free correction trip!

Now for the hard part. The above paragraph was just a warm-up; prepare for some grief. There are AKA entries that raise the eyebrows of the affiant. Very few of them will object to adding or subtracting variations possible of the middle name; they will sign off on that. However, when there are one or more entries that are vastly different from the legal name there is a problem. The root of the problem will never become known to you. They want “confirmation” of the extreme variation to deal with a situation that might have started as a clerical error. This blog entry makes no attempt to deal with the issue of fraud issues related to AKA entries.

I have had affiants, often in their attorney’s office; hand add the term “have never been known as” to a line item, adding proper initialing. They then proceed to sign the rejected name. It’s their sworn statement, and their lawyer wisely wants their statement completely truthful. It is possible that the processor of the signature name affidavit just glances to see that “the boxes are full”. I don’t know the odds, but the few modified ones I notarized did not bounce back. How could they? The affiant modified the form to reflect the truth, sworn under oath.

You can’t suggest the “never been known”, unless you are an attorney. So, lacking a parachute; the affiant will sometimes refuse to sign. If possible call “upstream”, and let them work it out. When nobody was reachable, I accepted them signing only at the top. It’s a fine line between making something available to sign; and exerting influence to sway their sign, no sign decision.

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You might also like:

The Signature Name Affidavit (2016 version)
http://blog.123notary.com/?p=16298

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

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April 19, 2014

Split PDFs into Letter & Legal Separate PDFs

Filed under: Ken Edelstein — Tags: , , — admin @ 11:12 pm

Today half of my printer died. I have an HP LaserJet 4100, the main part “sits” on base with a second drawer. I keep Letter paper in the lower drawer, and Legal in the top drawer. I figure the longer paper should have a shorter path; but put in either way it works the same. When printing the PDF, I select “Choose paper source by PDF page size”. It works fine, but only if you have both sizes of paper mounted in the printer. Generally, http://kenneth-a-edelstein.com has 2 working trays, but not today!

As mentioned, the bottom half of my printer died. I needed to print a set of edocuments which had interspersed letter and legal. First, a quick check to verify that it would be acceptable to print NOT interspersed; first the legal then all the letter. They agreed.

I needed some software quick. I found http://www.a-pdf.com offering a tool A-PDF Page Size Split which seemed to meet my needs precisely. I downloaded the software from their site using this link: http://www.a-pdf.com/page-size-split/index.htm – being always afraid of downloads the next step was to make (almost) absolutely sure it was malware free. To do this I went to https://www.virustotal.com and uploaded the file for their MANY virus scanner inspections. It passed. Next I virus checked it with my own anti virus software F-Secure (after doing a manual update) and it again passed. Satisfied that it did not contain anything nasty I installed A-PDF Page Size Splitter.

It installed quickly and soon I was splitting an old PDF of loan docs. Its interface was simple. It’s easier to use if you first create a dedicated folder somewhere and put a copy of the input file there. I let it default to split back to the input directory. It displayed the page count of letter and legal and created new files using the input file name and adding the words “letter” and “legal” into the original file name.

A quick look at the new files showed they were indeed properly split and the page count of the two new files added up to the count of the original file. Huuh? What’s this? A bit of a “gotcha”. An advertising watermark had been added to each output page. What I had was the demo version, used to make sure the product will work. My Win 7 64Bit Dell was compatible, as are many prior versions of Windows. But, now it was time to “Register” and pay the $49 to get rid of that watermark. I paid the piper and soon was emailed a code to Register and the subsequent processing was without the watermark. They also give free updates for life to registered users.

Sooooooooo, after splitting the file I printed the Legal, then changed paper to print the Letter. The service people still have the base with the second drawer and it will be returned in a day or so. The software was a bit expensive, but provides me a way to meet my obligation; and to be ready for the next malfunction.

One tip. In the ordering process they automatically add a ten dollar “download protection” that allows you to download at a later date. I find that feature totally useless. Once you have the registration code; you are always able to download the demo version and apply your registration code. Thus, the download protection seems to serve no function. Perhaps, the download protection sends you a file that already has your registration code “built in”. But, I deselected it. Updates are just a reinstall, with no need to do an uninstall prior to the update. They claim an update will “find” that you are registered.

A small side benefit is knowing exactly how many sheets of each type of paper will be required; just in case you are near running out. With the letter pages atop the legal pages it’s off to the borrower for me.

Tweets
(1) Splitting PDF’s into letter & legal: a story of how it all went wrong.

You might also like:

Which dual tray printer do Notaries like?
http://blog.123notary.com/?p=19351

Ken’s list of things Notaries goof
http://blog.123notary.com/?p=19427

Mobile Office — will it void your warranty?
http://blog.123notary.com/?p=6451

Mobile Offices from A to Z
http://blog.123notary.com/?p=535

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