You searched for mistakes - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

February 2, 2024

Common Notary Mistakes and How to Avoid Them

Filed under: Notary Mistakes — Tags: — Tom Wilkins @ 12:00 am

In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.

1. Failing to Identify Signatories Properly

One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.

2. Neglecting to Record Entries in the Notary Journal

A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.

3. Improper Use of Notary Seals

The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.

4. Overstepping Notarial Boundaries

Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.

5. Incomplete or Incorrect Notarization

Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.

6. Not Understanding State-Specific Laws

Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.

7. Ignoring the Signer’s Willingness and Awareness

A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.

How to Avoid These Mistakes

Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.

Ensuring Legal Integrity in Every Transaction

Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.

Share
>

February 4, 2020

Cleaning up common mistakes in your profile’s notes section

Filed under: Your Notes Section — admin @ 10:56 pm

When I look over notes sections of our higher level members, I like to make suggestions that can help them appear in a more positive light to the users. There are a bunch of common mistakes people make. I want to go over those mistakes.

1. Real Estate Experience
It is common for those with Real Estate experience to claim that they have real estate experience the therefor they understand the documents. In real life, people who I quiz with Real Estate experience do not know their documents that well. If you want to prove knowledge, then please pass our certification test which is really hard. Another mistake people make is to put lots of information about their Real Estate career in the top of their notes section. This is a Notary directory, so please put notary achievements at the top of your listing and mention your Real Estate experience in the middle or bottom of your notes section as an additional point.

2. Mortgage Experience
Many of our members have some type of Mortgage experience. If you are a current Mortgage Broker, you might be seen as competition and people might not want to hire you. However, the mistake many Notaries name is to claim that they have “x” amount of years in the “Mortgage Industry.” They often do not disclose what job titles they had in the industry or what their tasks were. People who use our site reward those who give specifics and give you a clear idea of who you are, what you have done, and what you know how to do. Additionally, using the “x” number of years is a bad idea, because you might have a listing with us for ten or twenty years and you have to keep updating your # of years every year. It is easier to say, “Notary since 1986.” or “Mortgage Appraiser since 2009.” You could say, “I was a Mortgage Broker from 2004 to 2015.” which clears up when you did it, how long, and that you no longer do it which might com as a relief.

3. Business Experience
Many Notaries have run a business before. They put, “Former business owner.” In their notes. This is horrible. It doesn’t say what type of business you ran, what position you had, what your responsibilities were, or what time period you did it. Be specific and understand that the reader doesn’t know if you had a business collecting hub caps or if you ran a fortune 500 company. You need to specify!

4. Types of Loans
It is common for Notaries to say, “I know how to sign every type of loan.” This is bad, because there are so many types of financial packages that few notaries have signed them all. Just make a detailed list of the loans you have signed, i.e.: I have signed purchases, sales, refinances, FHA, VA, conventional, unconventional, conforming, modification, reverse mortgages, and debt consolidations. I suggest having another list of common documents that you have signed. If the user has one of the types of loans on your list, he is more likely to hire you than some other character who makes vague claims or no claims about their loan experience.

5. Number of Loans
Some Notaries who are smart keep their number of loans signed statistics up to date regularly. Others say that they have signed two hundred plus loans. Two hundred plus is not a number by the way. Two hundred is a number. Since the information is not date stamped, (hmm, perhaps I should add that as a feature to my directory) there is no way to know how accurate the information still is. Number of loans signed is a good indication of how much experience you have, and is much more helpful than how many years of experience you have. You might have one month of experience and have signed 200 loans, or you might have twenty years of experience only having signed one loan per year which would be 20 loans. Think about it.

6. Omitting to read through our thorough guides
123notary has published many point by point tutorials on how to write a good notes section, what buzzwords to add, which to omit, what to say and how to say it. By not spending at least two hours reading our comprehensive guides, taking notes, and writing a well organized and thorough notes section – you are losing business. We will even clean up your notes for free upon request, but we get very few requests.

7. Unique catchy phrases
It is hard to teach someone how to write a catchy phrase. I created some articles with the best phrases I could find. It takes time and thought to create a one liner. However, readers are so bored reading through notes sections that if you can write something spicy, they might like it, and they might call you first. So, put some time into thinking up something catchy to say, and see how people react. You might need to modify what you put at a later date.

Share
>

December 4, 2016

Power of Attorney – Notary Processing Mistakes

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

.

You might also like:

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

Share
>

November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

Share
>

April 21, 2013

Mistakes notaries make w/ Title Companies

Notaries all want Title Company business, but not all of them get it. Why?

Experience is half of the problem, and skills are the other half. But, what about the THIRD half?

Communication skills
Do you use bad grammar? Do you make spelling mistakes in your notes section?

I also make spelling mistakes. Fewer than I used to make ten years ago since I write more.

But, Title Companies will reject a notary based on these factors.

What if there is no useful information in your notes section?
Do you ramble when people talk to you, and go on and on?
Do you go off on a tangent during a conversation and not stick to the topic at hand?
Do you give dumb sounding answers to simple loan signing questions?
Is there background noise when a title company calls you?
Do you answer the phone by saying “Hullo?”
Do your children answer the phone?

Does your answering machine have unprofessional sounding music?
Does your answering machine state your name?
Is your message system full?
Do you have reviews on your profile?
Are you certified by 123notary?
Do you have a tone of voice that is uninviting?
Do you ask people to repeat what they said?

Notary: Hello?
Tammy: Hi, this is Tammy from Tammy’s Title
Notary: Who is this?
Tammy: TAMMY from Tammy’s Title
Notary: Tammy’s Title?
Tammy: Yes, Tammy’s Title! May I speak to Linda please
Notary: This is her.

Jeremy’s comment: Are you deaf? Tammy stated her personal and company name very clearly when she called you, what’s the problem. Are you not paying attention? Or, do you just not know how to respond, so you ask a stupid question? Tammy thinks you are very stupid by now. Did you know that roughly 15% of notaries ask me to repeat information that I stated very clearly? I am not sure what their problem is. If I ask a quiz question, then 80% of the notaries make me repeat the entire thing twice — but, that is more tricky, so it is allowed in that context.

BTW, it is bad etiquette to say hello when answering the phone. State who you are otherwise the other person will have to guess or ask you. Also, don’t say, “This is her” as that is bad grammar. “This is she” is correct even though it sounds strange.

To sum up the point of this article.
If you want Title companies to think well of you and hire you — don’t act stupid. Have your act in order, and be able to answer questions quickly. Be professional — otherwise they will hire someone else who is professional. Title companies pay up to $150 a pop and notaries line up for these types of jobs. Title companies have choices — you don’t!

.

You might also like:

The way you treat Jeremy might be the same way you treat title
http://blog.123notary.com/?p=19590

When a title company lies to you
http://blog.123notary.com/?p=19349

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

Notary Marketing 102
http://blog.123notary.com/?p=19774

Share
>

December 24, 2012

I make mistakes too!

Filed under: Carmen Towles,Notary Mistakes — Tags: , — admin @ 6:57 am

The most dreaded thing happened to me after all these years. I get a call from one of my regulars of many years now asking me when I can come through. She has a fee notarizations for herself and her husband. The own an architect firm. We set up a time for the following day. I arrive about 10 minutes early which is what I always try to do. She pleasantly sits me down in our usual conference room, excuses herself and leaves briefly to get the documents. She comes back into the room and hands me one document in particular from a stack that immediately looks familiar. It was a document that I had previously notarized the week before. She goes on (while handing it to me stating that the county clerk had rejected it. I am thinking WHAT!?!?! Are you serious??…cant be so. But unfortunately is was so. It seems in my haste I had forgotten to put the ‘notary public’ after my name. (For those of you in other states this is now a mandatory requirement for all California notaries.) And of course the county clerk had rejected it. They had attached a nice little note with instructions for me to fix it. Which of course I did.

I was thinking ( and I told my client ) ‘I am so sorry, I cant imagine what was going on in my head’ to forget to do this, I assure her that after all that I certainly know better”. ‘But I am human’ as she told me. “We all make mistakes”. But this mistake in my eyes was unacceptable and now I have inconvenienced the client. They have to go back to the county clerk. So to make amends I adjusted my fee. I would have liked (at no charge) to offer to take it to the courthouse for them…but didn’t think of it until later in the day.

So remember to check your work. ALWAYS! Try not to let outside influences distract you. This can easily happen but It can cost you jobs and regular clients. I am sure they will call me back. But I really felt bad about my error. I know better but for me this was a wake up call. I was careless and did not check my work. And ultimately, I could have paid for it by losing a valuable client Or even worse yet it could have been a time sensitive document and because of my error they could have lost their valuable client and/or they could have missed a deadline and I could have gotten sued…god forbid. So don’t forget to check BEFORE you leave them. Doesn’t matter if it is one document or 20. make sure you have done your job. We can’t afford mistakes!

Until the next time, be safe!

You might also like:

Tips for notaries to avoid making mistakes
http://blog.123notary.com/?p=3360

How to fix notary mistakes
http://blog.123notary.com/?p=2231

Common mistakes
http://blog.123notary.com/?p=4553

Power of Attorney notary processing mistakes
http://blog.123notary.com/?p=18958

Share
>

January 17, 2012

How to fix notary mistakes

How to fix notary mistakes 

Notaries often make mistakes.  Many make notary mistakes due to lack of education and lack of skill.  Those notaries will not likely catch their mistakes, and will not understand if others point out their mistakes. However, a knowledgeable notary public, will be likely to catch their own mistakes.
 
The point of having notaries in society is to have some sort of record keeping for the signing of documents, and the identifying of signers.  The notary hopefully keeps a journal (required in most states), and also fills out certificate sections, or attaches certificate forms to documents.
 
So, most notary mistakes that could be made would likely be in the journal, or certificate area.  If there is a mistake on the journal, it might be that the notary didn’t properly indicate what type of document was being notarized, or left out some critical documentation information.  Or, the signer might have “forgotten” to sign the journal which is much more serious.  If a signer forgets to sign, the notary can try to call the signer and have them come and sign the journal, or the notary can go to them.  An experienced notary wouldn’t let such a thing happen, but if there is a lot of confusion and people are in a hurry, then something could go wrong.
 
If there is a mistake in the notary certificate, then a new certificate can be made without seeing the signer, providing that the old certificate is destroyed.  You can not legally have two certificates for the same document for the same signer — unless there are two journal entries for the same signature by the same person on the same document which is very fishy indeed!
 
What about forgetting to administer an Oath to credible witnesses, or forgetting to administer an Oath for a Jurat?  In such a case, first of all, the notary could lose their commission or be fined by their state government for such a blatant infraction of notary law!  But, the notary could try to find the affiant and try to make them take their Oath after the fact.  Better late than never. I don’t think that makes it “okay”, but is better than nothing.

You might also like:

Fixing Botched Signings
http://blog.123notary.com/?p=1246

Rude notaries and what they do
http://blog.123notary.com/?p=2198

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

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

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

Cross-outs as taught in the 30 point courses
http://blog.123notary.com/?p=14406

Share
>

February 9, 2024

Notary Efficiency 101: Organizational Tips for Success

Filed under: General Articles — Tags: — Tom Wilkins @ 5:12 pm

In our modern world, efficiency is crucial, particularly for notaries who have an essential role in verifying documents for individuals and businesses. Having a tidy workspace can significantly improve your accuracy and productivity when dealing with legal documents, real estate transactions, or business contracts. In this article, we will discuss effective organization tips for notary to declutter your workspace and notarize with unparalleled efficiency.

Declutter Your Workspace

A cluttered workspace can lead to mistakes, lost documents, and unnecessary stress. Begin by minimizing physical clutter. Keep only the essentials on your desk: your notary seal, stamp, journal, and current documents. Utilize filing systems for completed and pending documents to avoid mix-ups and ensure easy access. Digital clutter can be just as problematic, so organize your digital files with clear naming conventions and back them up regularly to prevent data loss.

Streamline Your Processes

To achieve efficiency in notarization, it is essential to have streamlined processes. One of the key organization tips for a notary is to create a checklist for each type of notarization service you offer. This ensures that no step is overlooked and can speed up the process for you and your clients. In addition to this, it would be helpful to consider using scheduling software to manage appointments. This reduces the risk of double bookings and helps allocate your time effectively.

Invest in the Right Tools

The right tools can make a world of difference in your notary practice. A high-quality scanner and printer are indispensable for creating clear copies of documents. Digital tools like electronic notary platforms can also streamline the notarization process, allowing for remote notarizations, which can expand your client base. Furthermore, ensure your mobile devices are equipped with secure, encrypted apps for managing emails and documents on the go.

Stay Informed and Educated

Staying up-to-date with the latest notary laws and best practices is crucial for efficient service. Regularly attend workshops, webinars, and training sessions. This enhances your knowledge and ensures compliance with state laws and regulations. Moreover, joining notary associations can provide valuable resources and a network of peers for advice and support.

Prioritize Security

Security is of utmost importance in notary work. Use special software to keep digital files safe and lock paper documents in a secure cabinet. When sending papers, it’s crucial to ensure their safety. Many people inquire about the safety of FedEx drop boxes, and it’s always advisable to use trusted ways to send important documents. To get useful tips on sending documents safely, you can read about whether FedEx drop boxes are safe.

Communication is Key

Effective communication with your clients can greatly enhance your efficiency. Set clear expectations regarding the notarization process, required documents, and fees. This reduces confusion and last-minute scrambles. Furthermore, be responsive to calls and emails, as timely communication can prevent delays and foster trust with your clients.

Unlocking Notary Efficiency

Adopting these organization tips for notary practices can significantly declutter your workspace and streamline your notarization processes. From decluttering and investing in the right tools to prioritizing security and maintaining effective communication, each strategy is pivotal in enhancing your efficiency and reliability as a notary. Remember, an organized notary is a successful notary, ensuring smooth transactions for homeowners and business owners alike. Embrace these tips, and watch your notary practice thrive in productivity and professionalism.

Share
>

July 21, 2023

Top Hurdles: The Problems Notaries Encounter

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

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

Share
>

June 16, 2023

Conquering Challenges Encountered by Notaries

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

Share
>
Older Posts »