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January 9, 2022

Which rules are laws, Lender practices, or best practices?

Filed under: Loan Signing 101 — Tags: , , , , , — admin @ 9:24 am

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Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

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March 22, 2015

Point (13) Call The Lender? Finding the Prepayment Penalty

Filed under: Loan Signing 101,Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , — admin @ 10:20 pm

Marcy had been studying up. She didn’t want to make a fool of herself anymore. She went to her next signing prepared.

MARCY: Hi, I’m Marcy, and I’ll be your Signing Agent tonight.

GLORIA: Oh wonderful. It is so nice to see a well prepared Notary.

MARCY: We can start here with the Deed of Trust and I’ll explain the documents as we go along unless you want to start with the HUD and work our way back.

GLORIA: Oh, very sophisticated. You sound like one of those really experienced Notaries who has signed 3000+ loans and advertises on 123notary.com.

MARCY: Well, I’ve signed about 20 by now, and I’m only 2980 short of 3000. I am working on the 123notary course, but haven’t finished it yet, but I’m almost there.

GLORIA: Great. The Deed is fine, the Note is fine, now, why is my APR higher than my Rate in my Note?

MARCY: I just studied this… I know the answer. The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

GLORIA: Wow, very professional. You are even better prepared than the notaries who signed 3000 loans. They just told me, “It is the cost of the loan expressed as a percentage rate.” Your answer was so professional.

MARCY: I spent two hours memorizing it and I practice daily so I won’t look like a fool.

GLORIA: Oh, no, you don’t. I’m going to tell your boss that you are the best Notary I’ve ever had, and we refinance every five years. Now, where is my prepayment penalty?

MARCY: Oh, just look on the Truth in Lending.

GLORIA: Okay… It says that I will, won’t or might have a prepayment penalty. I’ve gotten more decisive answers from a magic 8 ball. Can you do any better than this?

MARCY: Oh, hmm. I thought it was there. Do you want to call the Lender?

GLORIA: Sorry to lecture you after I complimented you, but aren’t YOU supposed to know this?

MARCY: We could call the magic 8 ball? Better yet, let’s call the Lender.

(ring-ring)

FRANK: Yeah, Frank here.

MARCY: You are the first Lender in human history to actually answer his phone.

FRANK: Glad to be of help.

MARCY: Your customer wants to know what the terms of her prepayment penalty would be.

FRANK: You mean my BORROWER. Never call them customers. Gloria DiStefano. She doesn’t have one.

MARCY: Where is that documented – In the Prepayment Rider?

FRANK: No, if there is no prepayment penalty, then there definitely won’t be a rider. Check the Note. Anything else?

MARCY: We’re good. That was fast. 45 seconds exactly not that I’m counting.

GLORIA: I’m on it. I thought we went over the Note. I guess I skimmed it too fast. Here it is. It says I don’t have a prepayment penalty. Great. I’ll pay the whole thing off tomorrow. That was easy.

MARCY: Sorry, I’ll study harder. But, I am doing so much better than three weeks ago when I first started. I hadn’t a clue then, but now I get most of the questions correct.

GLORIA: That’s good, but you need to get ALL of the questions correctly and handle all situations like a pro if you want my business!

MARCY: Sadly, you are right. I’ll finish my course and review it regularly. I might even take a few other courses too.

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Point (13) Calling the Lender
Notaries are often confused about when to call the Lender. Some Notaries are over-confident and never want to call the Lender while other Notaries call whenever the borrower sneezes. A high quality Notary knows when to call the Lender and when not to bother the Lender. You have to understand many of the common situations that arise when you have a small problem. If you call the Lender, leave a message, and wait 20 minutes and then call again. Call other entities related to the loan too if you can, such as the Signing Company, Escrow, Title, etc. If the Lender does answer, the borrower might talk to them for 45 minutes while you are running late to an appointment. You will save a lot of time and aggravation if you ONLY call the Lender when you absolutely need to.

The 1003
The 1003 Universal Residential Loan Application is the one document that is universally wrong. There are always mistakes on everybody’s 1003. I’m not sure if there is a law requiring it to always be wrong, but it seems like there is some sort of cosmic law mandating that. Since the 1003, and the Good Faith Estimate are not final documents, don’t worry too much about it. Just make sure that the HUD Settlement Statement is correct, otherwise you’ll have to redraw your loan!

The APR
Many borrowers ask why the APR is higher than the Rate. If you study and rehearse explaining the APR, you can save yourself the time and aggravation of calling the Lender only to find out they are not able to answer their phone. The borrower will feel a lot better, and you will have one less problem at your signing.

The Prepayment Penalty
Borrowers ask about their Prepayment Penalty all the time. Look for it either in the Note, or the Prepayment Rider if there is one (and once in a while there is) The borrower can read the terms themselves instead of being frustrated that they can’t find it.

Letter of Instructions
Consult the letter of instructions before beginning any loan. That way you will know what to do if there is a problem. There might even be phone numbers in the instructions.

Specific Questions
If a borrower asks a question that is specific to their loan, call the lender. If they ask a general question about what information is in what loan document, you should know. Study up!

The RTC
What if the borrower signs in the wrong place on the Right to Cancel? Just go to the borrowers’ copies and get a fresh copy. You just saved yourself a lengthy discussion with the Lender.

Errors on Certificates
If there is an error on a Notary certificate, this is purely for the Notary to resolve. Don’t get the Lender involved in your job as you should know your job.

When is my first payment due?
Look in the TIL, HUD, Payment Coupon, but don’t call the Lender unless you have to.

Power of Attorney Signings
Call the Lender regardless. Even if you know exactly how to sign, call the Lender to confirm. Power of Attorney signings are rejected 70% of the time in my experience even if they are done correctly.

If the names printed on the documents are spelled wrong
If there are any problems with names of signers on the documents, you should call the Lender. If the ID doesn’t match the borrower’s name printed on the document, you have a problem. The Lender might not care about what Notary law says, but does want to get the loan signed. If the signer is not comfortable signing the way their name is typed on the document, the loan will probably not fund otherwise, but you can call the Lender or read our section about the Signature Affidavit.

Missing docs or docs the borrower won’t sign
If you are missing any of the loan documents that normally appear in a package, sign the ones that are there, send them back, and call the Lender immediately upon discovery that you are missing a document. Or, if a borrower won’t sign a particular document, call the Lender. You can send it back unsigned at the top of the stack. Or, if the borrower wants to keep it and send it back after talking to the Lender, that is another common option.

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February 23, 2023

Businesses That Need Notaries

Filed under: (6) Marketing,Advertising — Tags: , — Tom Wilkins @ 5:38 pm

Are you wondering which types of organizations to target when spreading the word about your notary business? After all, there are plenty of businesses that need notaries on a regular basis, but others that might be less interested.

Essentially, any company that deals with legal transactions or documents of any kind will need notary services every now and then. Here are a few types of businesses most likely to require your services.

Real Estate Agencies

There are a great many legal documents involved in real estate transactions. This is true, especially if the buyer is taking out a mortgage. That’s good news for you as a notary—in most states, your services will be required by law.

In a real estate transaction, you’ll serve as an impartial witness. It will also be your responsibility to check and affirm the signatures of all the parties involved. The duties may vary from state to state, so ensure you know what’s expected of you in these cases.

Law Firms

It goes without saying that many legal documents require notarization. Paperwork granting power of attorney, trust documents, and wills are a few examples.

Many lawyers try to hire paralegals who are already commissioned notaries. That way, the employee can add notarization duties to their list of regular tasks. But if no one in-house can do it, the attorneys must commission notary services.

Banks, Mortgage Lenders, and Other Financial Institutions

As we pointed out, loan and mortgage documents require signature verification. The same goes for other financial agreements as well. That means financial institutions will need notary services on a regular basis.

It was common for banks to employ on-staff notaries to provide free services to their customers (sometimes even walk-ins). However, with the rise of online banking, this practice is rare. This works out well if there are a lot of banks in your area constantly seeking outside help when notarizing documents.

Healthcare Providers

You might not think of medical offices as businesses that need notaries. But the truth is, any business that deals with legal documents needs to have a notary on call.

In addition to power of attorney documents, certain medical consent forms must also be certified. Otherwise, it would be difficult to prove whether or not the patient consented to the transfer of power—or the medical procedure itself.

Government Agencies

Here’s a partial list of government documents that might require notarization:

  1. Immigration forms
  2. Oaths
  3. Affadavits

It’s always important to avoid the pitfalls of a forged signature notarized document, but you must be careful when dealing with government documents. Always ensure the person signing the document has the proper identification, and check all the dates and sections of the forms carefully before notarizing.

Employment Agencies

Some employers require drug tests and background checks before they make an official job offer. In these cases, the employment agency might enlist a notary to verify those documents to cover all their legal bases.

Small Businesses

Just because a company is small doesn’t mean it’s entirely self-sufficient. Many businesses that need notaries are very small, like mom-and-pops. Even the smallest businesses have contracts and other agreements that require notarizations occasionally. So get out there and spread the word about your notary business today!

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January 28, 2022

Bartender Notary: A reverse mortgage on the rocks!

Filed under: Humorous Posts,Popular on Twitter 2011 — Tags: , , — admin @ 11:54 pm

This was originally published in 2013.

Signing with the Bartender-Notary: Reverse Mortgage on the Rocks

The bartender notary knocks on the door. “Hi, I’m the bartender notary. I’m here to do your signing.”
“Sure, come right in,” says Joe the borrower.

They go to the dining room table to do the signing. The bartender notary looks around and says, “Hey, isn’t that a wet bar in the back of your living room?”
“Yes.”
“Would you mind if we sat over there?; I would feel much more comfortable sitting over there,” the bartender notary says.
Joe goes behind the bar and asks, “Where am I supposed to sit?”
“No, I’m the bartender so I go behind the bar. you sit on the stool on the other side,” the notary insists.

“Aren’t we gonna do the signing?” asks Joe.
The notary opens his briefcase and takes out a few flasks of non-alcoholic drinks, a tall glass, and a little umbrella. “I’m frustrated, because , when I go to signings, no one ever offers me a drink…maybe after half an hour they might offer me some tap water if I’m lucky…So I decided to turn the tables around…or the counters, as the case may be…and offer the signers a drink. I make my own orange-cranberry spritzer…would you like one of those…or would you like a virgin lemonade? I’ve got everything except ice.”

“Make me a strawberry lime spritzer…and can you muddle the fruits a little? Wait—” says Joe. “Aren’t we supposed to be doing a signing?”
“I’m the bartender notary; I talk bar talk. It’s my trademark to serve drinks and make smalltalk before we do the signing.”
“Ok, I’ll play along,” says Joe.

“How about those Dodgers, Joe? Who are they gonna trade?”
“Well, right now, I’m ready to trade notaries—if we don’t get started with the signing right away.”
“Ok, let’s do the signing,” the notary shrugs.
“Actually,” Joe says, “my reverse mortgage was on the rocks since the beginning of the application process, so I decided to go for a refinance– straight up.”

“Ok,” the notary says.“Your first document is a Deed of Trust. May I see some ID, sir?”
The borrower says, “What, I don’t look over 21?”
“Just a precaution, sir.”

The bartender notary opens his journal and begins to record the types of documents, the patron-borrower’s ID, and the types of drinks served at the signing.

The notary says, “This is your Deed of Trust. Your loan amount is right here; please initial all pages of the document and sign on the last page.”

They get to the Note; the notary says, “This is your Note. Your interest rate is 4.5%. The last loan I signed was an adjustable rate mortgage. I asked the borrower if he would like his interest rate shaken or stirred when the adjustment date comes in two years. He didn’t laugh. He didn’t think it was very funny. I’m lucky he didn’t trade me. Maybe it was how I said it…”

Then the notary asks, “So how’s the wife treating you?”
“Oh, I canned her years ago… I have a girlfriend,” says Joe.
“Do you think she will be in need of a bartender-notary anytime soon?”
“No she lives in an apartment. She won’t need to refinance anything in this lifetime.”

“So waddaya think–those interest rates—are they gonna go up or down?” asks the bartender notary.
“Oh, the Fed’s gotta keep it about the same—or you notaries will all be out of a job!”

“Next, we are going to look at the TIL. This is your Truth in Lending disclosure. Your APR is right here. So are we going into Iran? Whaddaya think the chances are that we invade Iran?”
Joe the signer looks at the TIL and says, “I’d give it about a 4.97%… Hey, I thought we’re not supposed to talk about politics at the signing?”
“That’s my trademark, I have to talk about politics because I’m the bartender notary… that’s what bartenders talk about. Would you like some bar snacks? We have peanuts, wasabi chips … Did you hear about LAX Vineyards new wine blend? It’s a cross between a cab, a merlot, and a shuttle. It’s very popular with bartenders. Did you hear about the wine documentary from Ireland? It’s called Cork Uncorked… There’s a special kind of wine for a signing… Did you hear about the Reverse Mortgage Cabernet? It’s rich in tannins and has two subtle notes…black cherry, and a hint of cocoa…and a smooth finish…assuming that we don’t have to call the lender.”

Joe asks, “What’s next?”
“The next document is your HUD.”

They go to the HUD. Joe the borrower asks, “Oh, so is my strawberry lime spritzer documented in the HUD?”
“Yeah, I think it’s right there under the termite inspection…Let’s just sign the rest of these documents; I have to close up soon…Last call,” says the notary.

They finish signing the rest of the documents.

The notary takes the borrower’s copy of the Deed of Trust and places it next to the signed Deed of Trust. Joe looks at it and says, “There are two Deeds of Trust. I’m seeing double. I thought that strawberry lime spritzer was non-alcoholic…”

“No! These are your borrower’s copies. Are you gonna be ok—or should I call you a cab?”
Joe: “I’m already home…I live here.”

Tweets:
(1) I’m frustrated because when I go to signings, nobody ever offers me a drink!
(2) Bartender notary prefers to do his signings sitting on stools near the wet-bar.
(3) I’m the bartender notary; I talk bar talk. It’s my trademark to serve drinks and make smalltalk before signing.”

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January 26, 2022

The carrot, the stick, the notary, and the bag

Filed under: Humorous Posts — Tags: , , — admin @ 5:55 am

We have all heard the story about the carrot and the stick. But, I decided to add complexity to the story by adding in the notary and the bag which are both relevant in their own way.

The Carrot
Most notaries are lured in by the benefit of getting paid for signing agent work. They are desperate to get work. They believe all of the lies they are fed by companies that string them along without paying them what they really deserve — or perhaps without paying them at all. Notaries keep chasing these bad companies around in desperations because these companies have a carrot — or at least a perceived carrot. (money would be the carrot in this case)

Notaries should NOT hover around bad companies like little puppy dogs jump around their master. Have some dignity! You need to market yourself to hundreds of signing companies. Get on their lists. And keep in touch with them. You need to see yourself as a carrot rather than chasing other people’s carrots. The notary’s carrot is that they can provide seamless service. Imagine a notary who is always on time, always well dressed, always polite, rock solid in reliability, doesn’t make mistakes, knows the documents inside out, and knows how much to explain and what to refer to the lender. If you can be that perfect flawless notary — you are valuable — and you would be more than just a perceived carrot to the signing / title companies. You would be a stick.

The Stick
Many notaries try waving their stick around without the carrot. They brag about themselves and try to convince others that they are great, and they are above the childish requirements for fax backs. Companies who use inexperienced notaries require fax backs since those notaries make a lot of mistakes. If you are “all that”, then why are you working for these chop shops in the first place? Don’t wave your stick around talking and whining — become a carrot on a stick instead.

The Notary
Notaries whine about not being offered much money for undesireable jobs with fax backs. The fact is that if you have experience and are 100% reliable and offer 100% quality service — such a notary is NOT REPLACEABLE… Then you develop a tremendous value. Those are the notaries that companies will wait for. They will say, “Okay, we will reschedule the signing for Wednesday if that is when you are free — we will wait for you”. If you are an average notary, nobody will wait for you.

The Bag
If you don’t make yourself into a super desireable notary, you will be left out by the more desireable companies who can pick and choose. And you will be left holding the bag.

An ending quote…

“If life gives you carrots, make carrot juice” — 123notary.com

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January 16, 2022

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

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 9:54 am

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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January 13, 2022

A notary gets sued, but E&O won’t help out!

Filed under: Business Tips,Drama & Tragedy,Legal Issues,Ninja Theme Articles — Tags: , — admin @ 9:19 am

This was originally published many years ago.

We had a notary public whose name will remain anonymous. I will not disclose her location either. But, she is being sued because a lender pulled a fast one on a borrower. The borrower is suing everyone connected to the loan. But, the borrower should know that the notary public has nothing to do with the loan, doesn’t know the lender, and doesn’t benefit from the loan other than to collect their small fee.

The story gets worse though. This notary’s E&O insurance policy wouldn’t help out with any of the legal expenses, or potential damages simply because they claim that the notary never made a clerical error which is true.

The notary public went to get legal counsel, and a neighbor / friend of the notary public offered to help at a discounted rate. But, the discounted estimate for the entire case was $30,000. It doesn’t make sense to me why a notary should pay $30,000 to defend themself from a false accusation.

In any case, we should pray for this notary public, so that she can get off the hook of being falsely accused. She did nothing wrong and shouldn’t suffer like this.

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January 3, 2022

Notary Reviews vs. Movie Reviews

Filed under: Humorous Posts — Tags: , , , — admin @ 8:03 pm

Originally published many years ago

Notary reviews vs. Movie reviews

Imagine what the world would be like if Notaries got reviews similar to movie reviews. The world would be a much more interesting place for one! But, would it get too zany?

(1) This notary gets two thumbs up!
(2) The notarization was good, but the popcorn needed more butter (sorry for the corny joke)
(3) It was a very awkward notarization because the person behind me had their feet on the back of my chair.
(4) Some reviews spoil the movie — read the spoiler alert.
(5) I didn’t like the ending to the signing. Too predictable.
(6) The guy in front of me wouldn’t take off his hat throughout the entire signing
(7) There was a lot of character development the minute we got to explaining the APR.
(8) The Notary gave an award winning performance.
(9) The actor who played the Notary was such a natural it would be an easy mistake to take him for a real Notary!
(10) The notary had to go back to his trailer so that “make up” could do some touch ups on his seal, because his seal was beginning to smudge.
(11) I hate it when people talk during the signing, especially during the critical parts.
(12) I wanted to bring a date to the signing, but I was the only one on the Deed of Trust.
(13) The notary dimmed the lights as I was reading the details on my Settlement Statement. Luckily I brought a flashlight!
(14) The suspense hit its apex when the Notary couldn’t reach the Lender by cell phone. I never expected that!

Coming attractions:
Refinance 2,
Debt Reduction Retainers — the sequel.
The Notary Games.

Tweets:
(1) This notary gets two thumbs up!
(2) It was a very awkward notarization because the person behind me had their feet on the back of my chair.
(3) Notary Reviews vs. Movie Reviews: I didn’t like the end of the signing — to predictable.
(4) I wanted to bring a date to the signing, but I was the only one on the Deed of Trust.

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Filed under: Loan Signing 101 — Tags: , , — admin @ 10:13 pm

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
.

You might also like:

Does 123notary have the authority to quiz people?
http://blog.123notary.com/?p=19469

Notary Public 101 Quiz Questions
http://blog.123notary.com/?p=19520

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

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

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May 20, 2021

Flight Attendant & Notary

Filed under: Virtual Comedy Themes — admin @ 1:30 am

JESSIE: Hi, my name is Jessie, and I will be your flight attendant Notary for the evening.

SIGNER: Welcome Jessie. Please have a seat.

JESSIE: Tonight we will be flying to St. Louis International for a refinance. The captain will be getting ready for take off in about ten minutes.

SIGNER: But, aren’t we already in St. Louis?

JESSIE: If you want to get technical. We are going to stay in the city, but have a Notarial flight, so to speak.

SIGNER: And how long will the flight last?

JESSIE: 30 years with no prepayment penalty.

SIGNER: Do you have enough peanuts to last 30 years?

JESSIE: Well, the part of the flight where we will be up in the air will only last about 45 minutes. The emergency exits are to the left there where the front door is and there is another emergency exit through the back… I think… I mean is there one? Uh huh? I’ll take that for a yes. In the case of an emergency, I brought oxygen masks. The captain has turned off the “no signing” sign, so you are free to sign around the cabin, or the dining room table as the case may be.

SIGNER: Okay, so where do we start?

JESSIE: First of all I need to see your boarding pass and your ID.

SIGNER: Here it is, not sure what you mean by a boarding pass. And please sign my flight journal so that we know what date and time we took off and what we were signing.

JESSIE: In the unlikely event that we experience turbulence, you can press the “call the Lender” button to the left, and he will explain everything. I am a signing agent and can only answer very general questions, and not specific questions about the terms of your loan.

SIGNER: I need to use the bathroom. Am I free to move about the cabin?

JESSIE: Yes, the captain has turned off the wear seatbelt sign, so you may take off your seatbelt now and visit the latrine.

SIGNER: And where is the bathroom again?

JESSIE: Umm, I’m not sure, isn’t this your house?

SIGNER: I just wanted you to move your hands around like we were on a real flight. Oh, I’m getting altitude sickness.

JESSIE: Just don’t have an upheaval on the documents, unless its the borrower copies.

SIGNER: I just said that to see if you brought one of those little bags.

JESSIE: My bag was full, I brought seatbelts, oxygen, those little bags, mini bags of peanuts and almonds, and the mini-sized Coca Colas. Even Uber doesn’t offer all of that.

SIGNER: My APR seems to have experienced an increase in altitude, is that because it includes fees and certain closing costs?

JESSIE: Yes. Oh, and you previously requested a window seat, well one just opened up.

SIGNER: Okay, I’m done signing everything.

JESSIE: Super. Please put your seatbelt on, and now it is time for a smooth picture book landing. The weather in St. Louis is stormy, it’s raining harder than a cow peeing on a rock. Oh, I think I only use that one in Texas. What type of sayings do you have here in St. Louis?

SIGNER: We stick to Mark Twain references.

JESSIE: Okay, we have landed. The captain has turned off the seat belts required sign. You are free to exit the air bus.

SIGNER: Thanks, but I think you are the one who will be exiting.

JESSIE: Good point. Sometimes I get confused.

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