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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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December 22, 2015

A Newbie at a Title Company

Filed under: Ken Edelstein,Popular on Facebook (A little) — Tags: , — admin @ 12:00 pm

A Newbie at Title Co.
Most of our jobs are quite routine. Once in a while, thankfully not often; something crosses our path that is extraordinary. It could be very nice, or a mess; as you might have expected – I write about a mess. The docs are the docs, we are expected to make them work. However, there are limits to what, as notaries, we can process. Title has an agenda. It’s their objective to get the papers processed as quickly as possible. It has to be a mess of galactic proportions for them to either dump it, or redraw the docs. Notaries also have an agenda, and one item usually at the top of the list is to do the assignment legally. It’s not our job to enforce the law; merely to abide by it.

After accepting the “piggyback”, for a fair, but modest fee; I learn it’s to be via POA. OK, kinda, they take longer but that is our lot in life. I am told that some “special signing instructions” will be sent to me. I assume it’s their preferred POA phraseology. Some want “Mickey Mouse by Minnie Mouse, his attorney in fact”. Others reverse it: “Minnie Mouse as attorney in fact for Mickey Mouse”. I prefer the latter because the name to be sworn comes first. Both are not at all a factor in the notary section where *only* Minnie would be named. But, this assignment tried to, IMHO, not bend, but break the rules.

The instructions directed me to name the affiant and POA issuer, as sworn. Thus, before me appeared: “Minnie Mouse & Mickey Mouse via POA”. To me that was a new twist. It would appear that Minnie would be, based on the POA; taking my oath issued to Mickey! Just as we cannot delegate our notary status to someone else; oath taking cannot be via proxy. Sayeth title: “there are two signature lines on the notarized document, thus there needs to be two persons named in the notary section”. Admirable logic, a bit of arithmetic; 2=2; that’s hard to argue.

But, that would be an improper notarization. Only the person(s) who actually “appeared before me…” can be named. This set of docs had it both ways. Some had both names filled in the notary section; some had “via Power of Attorney”; and a few were for me to write in. When I called title, informing of the need for me to redact all entries other than “Minnie Mouse”; I received more bad news.

“Her legal first name is not “Minnie”, it’s “Min”. However she took title as Minnie, and an AKA form is not allowed – you just have to notarize her as Minnie””. Strike Two – this job was going downhill faster than the Cyclone at Coney Island. I call Ms. Mouse, to my surprise and delight her driver license had “Minnie”. She told me she used that name all her life; though Min was on her birth certificate. Words, Words; to me it’s what is on the driver license that counts.

During my chat with Ms. Mouse she also mentions that the papers need to be processed quickly. It seems that Mr. Mouse is deceased! Whoa, hold on partner – in every state when the agent knows of the principal’s demise – their authority ceases to exist. Title and Ms. Mouse want to proceed with a voided Power of Attorney! What is my position? My notarizations would make no mention to a Power of Attorney. In my Jurat “before me appeared Minnie Mouse” would be the only entry, and she does have valid ID in that name. I never did find out if title knew of the demise of Mr. Mouse.

I bail out. There had been too many heated exchanges with Title; my insistence on proper format soured them. She told me her legal name was Min, so some doubt. Worst of all would be to facilitate the use of a no longer valid Power of Attorney. Best to not be a party to the eventual litigation!

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You might also like:

If you contact Title companies directly, what do they want?
http://blog.123notary.com/?p=16110

11 best Title & Escrow Companies
http://blog.123notary.com/?p=15861

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January 27, 2015

The Mortgage & The Note

Filed under: (4) Documents,Ken Edelstein — Tags: , , — admin @ 11:41 am

The Mortgage and The Note
These two documents formulate the essence of the home purchase or refinance. The vast number of related documents provide essential and legal information. However, the Note and the Mortgage are really the “action” documents. In their most basic functionality: the note specifies the terms of the loan, the mortgage provides collateral against a default of the Note.

Curiously, the Note typically begins with “In return for a loan that I have received, I promise to pay $XXX,XXX.XX”, but rarely is the Note notarized. It is often initialed on each page by the borrower(s) that are signing the final page. There should be an agreement with the 1003, the Loan Application as to who is technically a borrower. Non-obligors who may be “on title” never sign the note. As the definitive definition of the loan; interest rate and payment terms are generally the second and third items on the first page. These are the items of greatest interest.

Also essential, but rarely initially reviewed, is the Right to Prepay; and what will happen if the borrower fails to pay according to the terms of the Note. Typically, if more than one person signs the Note, each bears the full responsibility for payment. The Note is a negotiable instrument, similar to cash or a bond. They are frequently sold by the initial lender.

Almost all variations of the note include the words “Sign Original Only” on the signature page. As a negotiable instrument is being created, multiple copies of the Note for the same obligation could lead to fraud, confusion, and the borrower(s) being asked to pay each Note! When asked to execute multiple copies of the same Note; shrewd borrowers are careful to add wording to the effect that the duplicate(s) are “file copy” and “not negotiable” next to their signature(s).

The Mortgage, often referred to as the Deed Of Trust, is generally of much greater length compared to the Note. A key provision of the Note grants the Mortgage enforceability. The Note references the related Mortgage: “In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust … dated the same date as this Note … protects the Note Holder if I do not keep the promises made in this Note”.

Think of the Mortgage as the “enforcement arm” of the Note. The Mortgage contains, in about fifteen pages; the procedures to, typically; take back the property. For notaries the Mortgage often contains a “built in” problem. On the first page of the Mortgage the borrower is “supposed” to be named. However, in lieu of their legal name the “vesting” name often appears. This is not a problem on the first page. But, it does get to be a problem on the last page. For it is there that the computer often uses the “vesting” name in the notary section.

For technical reasons, on the Mortgage vesting often includes “status” terminology such as “husband and wife” or “a single woman” or “a married man” – but **ONLY** the name is permitted in the notary section. Thus, “before me appeared John B Doe a single man” is not permitted per NY State notary laws. I am required to redact (thin line through & my initials) the “a single man” part from the pre-entered value following “before me personally appeared”. Care should also be taken to have John B Doe initial JBD not just JD if his middle initial is on the signature line of the Mortgage. I promise to pay, and, what if I don’t; are the heart of the deal.

Most fail to note (no pun) that there is language in the NOTE that incorporates the Mortgage as “part of the note”

A little mentioned aspect in the “fine print” but O so important.

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You might also like:

Ken’s comprehensive guide to Deeds — Good Deed Bad Deed
http://blog.123notary.com/?p=16285

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

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September 2, 2013

Notary Perjury and Oaths

Notary Perjury

What is Notary perjury? Is that when a notary lies under Oath or when an Affiant lies under Oath to a Notary Public or other state official? In real life there is no such thing as Notary perjury — there is only regular perjury. Don’t get caught lying under Oath — tell the truth!

Penalty of perjury
If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. Lying under Oath is a Felony and Federal crime punishable by jail time of up to five years. The problem is that Notary Oaths are not always very clear. The Notary might have you swear to a document, but what are you actually swearing to? Are you swearing that the document is true, or that you will follow the terms in the document, or both?

What types of things do people lie about?
People might lie about what their legal name is. Sometimes people want to use an alias. Sometimes the name a person has on the Title of a property might not exactly match the name on their identification document which could cause a lot of confusion and legal issues. Another common lie that I might have been told for years (no evidence either way) is on the Occupancy Affidavit. Borrowers can get a discounted interest rate if they claim to live in the building (house) they are borrowing on. The Occupancy Affidavit makes that borrowers swear that they are residing in the property as their primary residence. But, it is common for borrowers to lie and be using the property as an investment property or second home — an example of “Notary perjury”.

People don’t always take the Oath seriously
My biggest objection to being a notary was that people didn’t take Oaths seriously. I sometimes had to ask people multiple times to raise their right hand all the way up — no, not two inches up — all the way up. Mumbling an inaudible “yes” just doesn’t cut it with me. I think that as a Notary Public, you should remind your Affiants of how serious and formal the Oath actually is. I would also tend to think that your Oath takers will be more likely to tell the truth if they are aware of how serious an Oath is and if they are aware of how they could be subject to penalties of perjury should they lie. I have never heard of anyone being punished for lying under Oath to a notary. I have only heard of people getting in trouble for fraud. But, keep people honest in any case! Being a Notary Public is a serious profession that protects the integrity of signatures and society!

You might also like:

Can a Notary get in trouble?
http://blog.123notary.com/?p=21429

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

When are you required by law to give Oaths as a Notary?
http://blog.123notary.com/?p=21017

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August 16, 2013

Notary Fines & Notary Penalties (gulp)

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

You might also like:

Penalties for notary misconduct and fraud
http://blog.123notary.com/?p=21315

Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

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January 23, 2011

Bad Notary Reviews and the Law on the internet

I am not an Attorney, and this blog article does not constitute legal advice, but only my experience talking to Attorneys as well as “practical” advice.

Many internet sites have review systems.
Yelp, RipOff Report, 123notary, Travelocity, and others. People who get a bad review sometimes get upset and want to sue. The question is, who can you sue, and how hard is it? What I have been told (consult an Attorney for a “real” opinion) is that the sites that publish reviews are off the hook. The law protects their right to publish information that someone else wrote regardless of whether it is true, false, based on evidence, or not. However, you do have the right to take legal action within a time frame of perhaps a year or several years depending on your state based on the Statute of Limitations. You would need to contact an Attorney to see what that time frame would be.

The Statute of Limitations
On the other hand, if a slanderous statement is published on the internet which just sits there, even if it had been there for years, you could claim that since it is still being “published” that it is within the time restraints of the statute of limitations and perhaps a judge might buy that (good luck.)

Who can you sue?
If you want to sue someone, you need to go after the individual who wrote the review and NOT 123notary or whomever published it. Step one is to find out who they are which an Attorney can do. You need to know their legal name and address, etc. You can have an Attorney write to them and try to get them to take the review down. If you sue them, it is likely that they are broke, especially if they write in broken English like so many do. So, good luck collecting.

How much will it cost?
But, you do have rights. It might cost you $5000 just to establish the identify of the individual who wrote the review. It might cost another $10,000 to go after them depending on who you hire, what state you are in, and how good the Attorney is, etc.

Bad Notary Reviews?
Very few Notaries on 123notary get bad reviews — only about two per month. However, most Notaries are paranoid that it will happen to them and that their life (as they know it) will be over. Notaries with bad reviews stay in business and do not lose that much market share. What they do lose is their pride more than anything else.

So, for Notaries, you should just leave the Attorneys alone and forget about it. Just write a rebuttal and wait for three years and I’ll remove it. Cover up your bad review with good reviews. If you have ten good reviews and only one bad review at the bottom of the stack, people will see the bad review in proportion or might not even read it at all. A bad review will not ruin you life. Just deal with it like a pro instead of making it worse and provoking a huge conflict with 123notary. After all, it is not our fault you got a bad review. Also, should we disable our entire review system just because one Notary complained bitterly about a bad review and threatened to sue. If we removed his/her bad review we’d have to do it for everyone and then we wouldn’t have a review system at all. Review systems are a very practical way for the publish to defend themselves from bad service providers.

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You might also like:

Common complaints we get about Notaries
http://blog.123notary.com/?p=19399

123notary’s comprehensive guide to getting reviews (mentioned above)
This guide includes many supplemental and highly relevant and helpful links.
http://blog.123notary.com/?p=16290

Notary Marketing 102 – your notes section
http://blog.123notary.com/?p=19788

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April 12, 2024

5 Innovative Ways to Boost Your Notary Business Sales

Filed under: General Articles — Tags: — Tom Wilkins @ 4:12 pm

Are you searching for unique ways to increase notary business sales in today’s fast-evolving market? In a world where digital documentation and fierce competition are the norms, notary services remain indispensable for homeowners and business owners. From sealing property deals to authenticating critical documents, the need for notaries is more relevant than ever. Yet, standing out requires more than just offering these essential services. It calls for innovative approaches to increase notary business sales and ensure your services capture the attention they deserve. Dive into these five creative strategies designed to elevate your notary business.

1. Engage with Clients Through Digital Platforms

One of the greatest gifts technology has imparted to businesses is the ability to transcend physical spaces. Notary services are no exception. Establishing a robust digital footprint through online platforms can attract new clients seeking convenience. Offer virtual appointments, integrate secure e-signature solutions, and maintain an active social media presence to engage with potential customers. There’s a world of opportunity awaiting you beyond the physical notary office.

2. Nurture Customer Relationships with Personalization

Gone are the days when a one-size-fits-all business approach sufficed. Today’s consumers crave personalization. A personalized touch goes a long way in the notary world, where documents are as unique as those signing them. Address clients by name, remember the little details, and follow up post-service to demonstrate that your business isn’t transactional but relational. Personalization is the signature ingredient that enhances the customer experience for a notary professional.

3. Diversifying Your Service Offerings

Flexibility is key in the notary business. By expanding your service portfolio, you can tap into new demographics and upsell to existing clients. Offer translation services, document preparation, and mobile notary services, which cater to those who cannot travel. These additional offerings position your business as a ‘one-stop-shop,’ capable of handling varied notarial needs, giving you an edge over more traditional notaries.

4. Building and Leveraging Partnerships

Collaboration is a powerful tool in the world of business. You can potentially secure a constant referral stream by forming strategic partnerships with real estate agents, mortgage brokers, or legal firms. Conversely, when you recommend their services to your clients, it not only adds value but also nurtures a reciprocal relationship. The impact of these alliances can significantly amplify your sales efforts and solidify your standing within the industry.

5. Hosting Educational Workshops and Webinars

Informing your audience adds a layer of expertise to your notary services. Organizing workshops on notarization guidelines or webinars about the importance of certain notarized documents positions you as a thought leader and allows you to interact with potential clients meaningfully. An informed client is often empowered; empowering your client base opens the doors to a more secure and satisfied clientele.

Maximize Your Notary Business Potential

Innovation and adaptability are key to finding unique ways to increase notary business sales. These strategies help attract new clients and retain existing ones, ensuring your notary business remains competitive and prosperous. Remember, in the notary business, the signature date isn’t just a formal requirement—it symbolizes the culmination of trust, reliability, and professionalism you bring to the table. So why wait? Start implementing these innovative strategies today and watch your business thrive.

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March 15, 2024

Innovative Tactics for Notaries to Distinguish Themselves

Filed under: Comprehensive Guides — Tags: — Tom Wilkins @ 12:00 am

Notaries struggle to stand out in online directories in today’s digital world. They need to discover their point of difference for notaries. Identifying what sets them apart allows them to provide more than standard document signings, helping them stand out. These strategies are designed to showcase their distinct advantages, ensuring they rise above the competition with their special offerings.

A Unique Presence Through Customer Experience

Imagine walking into a space not to scribble a name down and leave but to sit, sip, shake hands, and share a brief and pleasant interlude. Transforming your office into a haven for a good customer experience is the first step to notary distinctiveness.

Aesthetic and Practical Considerations

Notaries can create a more hospitable space by considering the aesthetics of their work environment. Soft lighting, comfortable seating, and a warm color scheme can work wonders to ease an often-tense transaction. Add practical touches like a charging station, high-speed internet access, and basic refreshments to make the visit productive and memorable.

Personal Touches

Don’t underestimate the power of a personal touch. Greet your clients by name, inquire about their day, and be attentive to their needs. Remembering their preferences for tea or the newspaper eases the inking process and humanizes the professional relationship, potentially turning a one-time client into a loyal advocate.

Technology’s Hand in Notary Public Services

Integrating new technology into your notary services isn’t just about keeping up with the times; it’s about revolutionizing how you connect with and serve your clients. By weaving digital tools into your traditional workflow, you create opportunities for efficiency, security, and outstanding service that can set you apart.

The Digital Signature

Enabling clients to sign documents digitally can significantly streamline processes. It also shows a willingness to adapt alongside the evolving tech landscape, a trait highly valued by clients seeking quick and convenient services.

Remote Services

The pandemic has shown the necessity of remote services. For notaries, this means being able to notarize documents via video calls. While not universally accepted, this strategy can be a game-changer in areas where it’s legally sanctioned, offering notaries a vast, untapped client pool.

Marketing Magic for Mobile Notaries

In a saturated market, a mobile notary breaks through the monotony, quite literally, with the turn of a key.

The Power of Local SEO

Optimizing for local search engine results can help your mobile notary service pop up exactly when and where it’s needed. Utilize location-specific keywords and ensure your Google My Business profile is complete and up-to-date for quick, easy-to-find services.

Engaging on Social Media

Don’t just use social media to advertise services; engage with the community. Share tips on notarization, discuss law changes and be a virtual problem-solver to establish your brand as knowledgeable and accessible.

Certifying Unmistakable Professionalism

Your professionalism isn’t only about prohibiting unauthorized practice of law. It’s about ensuring quality service garners trust and builds a solid reputation, which can help solidify the point of difference for notaries.

Continuous Education

Stay ahead of the competition by investing in continuous education. Be the notary always aware of the latest trends and best practices and can better serve your clients.

Partnership with Legal Professionals

Building a network with lawyers and realtors creates a referral base and establishes you as part of the larger professional community dedicated to serving public needs.

Stand Out with Distinction

In the world of notarization, every detail counts as a point of difference for notaries. Enhancing your workspace and online presence are key marketing tips for mobile notary services. Successful notaries merge tradition with innovation, adapting to client needs while upholding trust and authenticity. Your seal isn’t just a stamp; it’s a commitment to value. Embrace the challenge to stand out, redefine notarization, and use your distinct mark to make a lasting impact. Blending visibility with exceptional service sets you apart in the digital age.

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May 19, 2023

Mobile Notary Etiquette Tips

Filed under: Etiquette — Tags: , — Tom Wilkins @ 12:00 am

Mobile notaries are professionals who play a crucial role in facilitating the signing of legal documents. They travel to their client’s locations to witness and notarize documents, saving clients the hassle of traveling to a notary public office. As a mobile notary, it is essential to maintain a high level of professionalism. In this article, we will share some tried and true mobile notary etiquette tips that will help ensure the notarization process runs smoothly.

Dress Professionally

As a mobile notary, it is important to dress professionally when meeting clients. This creates a good first impression and sets the tone for notarization. Dressing in business attire and wearing a name badge is recommended to identify yourself as a notary. Dressing professionally is one of the most important mobile notary etiquette tips you should follow.

Be Punctual

Clients appreciate punctuality, and it is a sign of professionalism. As a mobile notary, ensure you arrive at the scheduled time or a few minutes early to avoid delays and inconveniences.

Communicate Effectively

Effective communication is key in any professional setting. When dealing with clients, it is important to communicate clearly and concisely, using simple language they can understand. Listen attentively to their concerns and address them appropriately.

Bring Necessary Supplies

Ensure you have all the necessary supplies for the notarization process, such as a notary journal, seal, stamp, and pen. Also, ensure these supplies are in good condition and comply with the relevant state laws and regulations.

Check Client Identification

Before notarizing any document, verifying the client’s identity is important. Ask for a government-issued ID such as a driver’s license, passport, or state ID. Check that the ID is not expired and that the name and photo match the client.

Stay Impartial

As a notary, it is important to remain impartial and not take sides in any transaction. Your role is to witness and notarize the document, not to provide legal advice or express personal opinions.

Maintain Confidentiality

Clients trust notaries to keep their information confidential. Ensure that any personal information the client provides is kept confidential and not shared with any third party.

Explain the Notarization Process

Clients may need to be more familiar with the notarization process, so it is important to explain it to them. Let them know what they need to do, what you will do, and what to expect after completing the notarization process.

Be Flexible

Mobile notaries often work with clients who have busy schedules. Therefore, it is important to be flexible and accommodate the client’s schedule as much as possible. This may involve working outside regular business hours or traveling to remote locations.

Keep Accurate Records

As a notary, you must keep accurate records of all notarized documents. Ensure you complete the notary journal, including the client’s name, date, type of document, and any other relevant information. Also, ensure that you keep the journal in a safe and secure location.

Proper Etiquette Will Improve Your Reputation

In conclusion, mobile notaries play a crucial role in facilitating the signing of legal documents. To maintain high professionalism and etiquette, it is important to dress professionally, be punctual, remain impartial, maintain confidentiality, and be flexible. By following these mobile notary etiquette tips, notaries can provide exceptional services to their clients and build long-lasting relationships. For more notary tips, check out this article on how to be a successful mobile notary.

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January 16, 2022

Quiz: You know you’re a good Notary when you…

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

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