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April 13, 2021

The “It can be more but not less” rule

Filed under: Technical & Legal — Tags: — admin @ 6:26 am

Don’t learn this rule. It is interpreted backwards as often as it is interpreted correctly, or scrambled completely.

BAD RULE: “It can be more but not less” rule.
APPLICATION: You can SIGN more but not less…
QUESTION: More but not less than WHAT?
More but not less than what it says on the ID or the document?

This stupid quick rule does not elaborate what you can sign more than and also misses a very critical point. If you cannot prove the name on the document using a photo ID, then you are taking a huge risk as a Notary.

Different states have different standards for identification. Georgia requires you to look at the ID but doesn’t mention whether the ID should match (might be outdated information, but that was what I read a few years ago.) California requires the name on the document to be proven based on the ID and also requires thumbprints for powers of attorney and deeds affecting real property (smart move.) But, regardless of the state, taking precautions and keeping thorough records can keep you out of court and shorten the length of investigations.

BAD RULE: “You can always sign more.”
QUESTION: More than WHAT?
Don’t use rules that leave ambiguities otherwise you will miss critical points due to an omission in the logical process.

JEREMY’S RULE: “The ID must prove the name on the document.”
Interpretation: The name on the ID can be matching and identical or matching but longer than the name typed in the signature section of the document. Additionally, the name you put in the Acknowledgment section should be provable based on the ID. It is possible to put a shorter name on the Acknowledgement than the name signed or printed on the document.

Example.
If the ID says John Smith
But, the document printed name says John W Smith
You could notarize this person as John Smith even if the person signs John W Smith.
Would the title company get mad at you? Would the county recorder record the notarization? Not sure, but at least you would not be breaking notary law by notarizing this way!

JEREMY’S RULE #2: “You can sign more than how the name is printed in the signature section, but not less.”
COMMENT: This is a more elaborate and thorough version of the more but not less rule. If you memorize incomplete rules, you will make logic mistakes and could end up in court as a consequence. It doesn’t happen often, but it could eventually. Why take chances and why be a bad notary? Understand all of the aspects of notarization and yes — it is a lot more complicated than you thought and requires intricate thinking.

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March 14, 2021

A review from a client that the Notary thought was low-brow

Filed under: Reviews — admin @ 4:42 am

A very educated Notary got a review from a client that said, “Patty rocks.” She wanted the review removed. I told her that the review was good. It was written in the language of a real person. Not all of us are university professors who use the queen’s English. Some of us use high-brow English, and others are more informal. The point is that the review was enthusiastic and real. And in real life, some of our clients might have an education not in excess of a Harvard Professor — or perhaps more than some.

So, accept the language they use, even a few spelling mistakes. The point is that the public needs to know that people like you and trust you. A Notary with no reviews has very little credibility.

In my opinion, your certifications mean more than reviews, but for the clients, the reviews mean more than the certifications. Certifications are given by impartial agencies who judge you based on your knowledge. Clients judge you based on if they like you and had a good experience. They are both important. But, some people fake reviews. It is not so easy to fake a certification. But, in any case, popularity trumps — so show the world that you have some!

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January 14, 2021

Notaries in cars drinking coffee and ID-ing people

Filed under: General Stories — admin @ 1:12 pm

More on the Notaries in cars issue. If you do a signing where the borrower hands over some signed documents through your car window, not only is that very unprofessional, but it is hard to do notary work without some sort of table. Things can get lost or fall.

You need to see all signers face to face, even if it is outside. You need to look at them and their ID, and then write down the particulars of their ID in your journal assuming your state or your conscience makes you keep one. If you don’t get a clear look face to face at all signers concerned, you are not doing your job.

It is easy to make mistakes or miss things if you are working in an unsuitable environment. Working on a trunk is more like a desk and you might be more in command of the process. You can have a done pile and an undone pile if you work on a trunk. There is plenty of room and it is a flat surface. Assuming the wind doesn’t blow you are good.

Personally, for such an involved signing such as a loan signing, if the borrower is too squeamish to let you inside, I would cancel the signing. It is just not professional to sign in your car. And once again, confirm the signing before you go and make sure they are not sick or squeamish. It makes more sense to wear a mask and sit six or more feet away from them and do your best to make the process smooth.

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January 10, 2021

Complaints on 123notary – they’re not what they used to be

Filed under: General Stories — admin @ 1:10 pm

123notary has a review system. You can write a good review or a bad review. Contrary to popular belief, getting a bad review doesn’t ruin you, but getting no reviews will… kind of. For every 20 good reviews we get about one bad review, so the reviews are mostly positive. People don’t write bad reviews much because it is mean, and because they don’t want drama. But, there is another reason.

People who make technical mistakes on loan signings get caught when they scan back the documents. They can fix the problem before it is too late. So, the loan signing and title companies have less of a reason to write you up for that. Most of the complaints we get in 2020 are because the Notary did a no-show, didn’t return the documents, or was rude.

Generally speaking if a Notary was rude, there are two sides to the story. Usually it involves a misunderstanding. Perhaps the borrower told them one thing and then did another. Perhaps someone switched a time, wants to read forever, or there are more pages or notarizations than previously stated. Or perhaps someone who is supposed to be there is not there or someone walks out and doesn’t explain why. The family might be having a dispute with each other which the notary might get involved in.

There are many reasons you could get into an argument. The best thing is to try to not react to the other person’s bad behavior which is hard. But, on a brighter note, we hardly ever get complaints about the technical skills of our Notaries.

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November 27, 2020

10 reasons to get 123notary certified

Filed under: Certification & Communication Skills — admin @ 7:02 am

Back in 2004 to 2012, many people wanted to get 123notary certified and studied hard to get this designation. In the last few years, we retested our certified members and found that the overall skill level of people on our site had declined a lot and that most people were not willing to study. This is a huge mistake. Title and signing companies care about experience above any other qualification. However, they still reward people for knowledge and the clicks and jobs dispatched prove my point. If you want to have an edge over the other Notaries, 123notary certification is one of the most effective investments of your time — the other two being reviews, a stellar notes section and accumulating mass amounts of experience the old fashioned way. Below are some significant benefits for 123notary.com certification.

1. Get more clicks (but, not on route 66)
123notary certification currently gets Notaries an average of about 30% more clicks to their listing. It is one major factor of several that determines whether or not your listing will even get looked at. More clicks typically translates into more jobs, however, this relationship is not directly proportional. 30% more clicks in real life would translate into 40-50% more jobs. Many people will click once on your listing during a query. But, if they give you extra clicks, that means they are strongly considering hiring you which is why the click to job ration is disproportional and in your favor.

2. Get more jobs from Title
One Notary wrote to me after he failed his certification retest audit. He said that calls from title dropped altogether the minute I took his certification icon away from him. This is not true for all Notaries, but was his case which is why he studied many hours to pass the scrutiny of my questioning. People who work for title want solid Notaries, and they look at a number of factors including certification — and for God’s sake, please don’t have any spelling mistakes in your notes section on your listing or you can expect your phone to be dead.

3. Feel more confident about yourself
Many Notaries who master our materials like the fact that they know what they are doing. At the risk of sounding more like a deodorent commercial — many signing agents have told me that the feel happier and more confident talking to title and going to signings. Yes, they spend many grueling hours studying for our test, but they feel it was worth it and I respect their diligence.

4. Be one step closer to elite certification
You cannot just become elite certified at 123notary. You need to have a solid understanding of Notary procedure and vocabulary as well as a 123notary basic certification. Certification brings you one step closer to being ready to study for the elite test which is very different material and much more obscure.

5. 123notary certification is sought after by particular companies
I have gotten correspondence from Notaries who claim that 123notary certification is informally recognized by 1st American Title among others.

6. You will be a safer Notary
Many Notaries put themselves at legal risk because they do not know the legal significance of how they handle situations. Not keeping your journal correctly could end you up in trouble with the FBI or a Judge in court. Not keeping thumbprints could get you named as a suspect in an investigation as it looks like a cover up. Doing cross-outs when it is not necessary can get you in trouble with certain county recorders or Lenders. Knowing what you can do, and knowing what you can do that is prudent are two different questions. Learn how to please your client without creating liability for yourself by mastering our Notary materials. We have written blog articles where Notaries have gotten into legal trouble and had to pay up to $20,000 to defend themselves when they were innocent. Imagine how much easier it would be if you kept proper records and acted prudently at all steps along the way.

7. Multiple certifications make you look serious
As someone who deals with Notaries all day long, I can attest to the fact that I have a higher level of respect for Notaries who have three or more certifications. Those who just get the NNA certification and say, “That is all I need.” seem like underachievers to me. I have a higher opinion of those who took notary2pro, NNA, and 123notary certification, or Loan Signing System. When I was a Notary I got certified by five organizations to give you an example of someone who takes this business seriously.

8. Make $8 more per signing.
We did a poll many years ago and learned that our 123notary certified members average income made per signing (according to their claims after a mass email was sent asking them how much their average signing netted) was $8 higher than people not certified by 123notary. Elite members made $14 more per signing. Making more income per signing means that after expenses, you will be making a lot more per year. The extra income could add up to $5000 to $10000 extra per year for a busy Notary which might be $200,000 in their lifetime. It only takes ten hours to do a good job studying for our test. Is your ten hours worth $200,000? That’s $20,000 per hour. What else can you do that is worth that much even if you do brain surgery (or are a hitman) on the side?

9. Get perks from 123notary!
If we notice you are 123notary certified, you would be more likely to get opportunities for free or paid upgrades that the others might be overlooked for. Stop being overlooked and get certified today! If you are late paying your bill, we might give you a little longer grace period. And in general we will value you more because you represent knowledge, quality, and come across as being a serious Notary. Over all you will get better treatment from 123notary if you pass our test.

10. Be more fluent explaining things to borrowers
In real life there are certain things you can and should explain to the borrowers while there are others that you should refer them to a professional about. If you pass our test you will know where to find the prepayment penalty, how to explain the APR, what is on the HUD or CD, and when their first payment is due. You will have this information memorized. You will know that a signer can legally presign an Acknowledgment (in most states) whether the Lender “prefers” that or not and how to administer an Oath without falling on your face. You will be more professional and smooth in all of your transactions.

SUMMARY
Certification will help you get more clicks, get more work, make more per signing, be smarter, feel better, be a smoother Notary, and get on the good side of 123notary. It only costs a few hours of study and a small fee, so the only thing holding you back is lethargy. Get off your assets and get 123notary certified today!

You might also like:

Compilation of posts about certification & elite certification
http://blog.123notary.com/?p=16264

123notary’s comprehensive guide to getting reviews
http://blog.123notary.com/?p=16290

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

The lady who studied 30 hours for her elite test
http://blog.123notary.com/?p=21238

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November 16, 2020

Notary fined $385 for botching a Notarization

Filed under: General Articles — Tags: — admin @ 10:49 am

Originally posted in 2018

Many of the Notaries on our site are so incompetent about communication and Notary practices that I shutter to list them. The fact is that I am not always informed when Notaries get in trouble. I would like to hear more stories of Notaries who goof and get in trouble because I want to learn how to prevent the problems from happening in the future.

The fact is that a Notary in Louisiana (I don’t remember clearly the name of the state but think it is Louisiana) did a Notary job for a loan signing. The Notary was new and had no idea what she was doing. There were numerous mistakes on dates, signatures, notarizations, etc. In fact there were so many mistakes that the Lender make the Notary pay for the redraw of documents. The bill came out to $385. Ouch. What a nasty surprise for this enthusiastic but clueless Notary.

The moral of the story is that you cannot just get a Notary seal and start working without knowing what you are doing. The states don’t prepare you at all for Notary work. Even California gives very little hands on training. NNA certified notaries have been trained in some basic aspects of loan signing, but that course does not teach basic Notary knowledge. So, if you think you “know what you are doing” because you are NNA certified, try taking NNA’s Notary Essentials course first. It is better to know how to be a Notary than a loan signer, because most of the mistakes notaries make are either rudeness, leaving people high and dry, not following directions, or you guessed it — Notary mistakes. Notaries very rarely get in trouble for not knowing their loan documents and rarely get in trouble for dating an RTC wrong although it could happen.

So, become an expert at being a Notary. You can get into trouble with me if you don’t and trouble with the law, lenders and customers as well. Knowledge is power and ignorance comes at a high expense.

.

You might also like:

Notary loses $4000 in legal fees because a fraud added a name to the certificate
http://blog.123notary.com/?p=19477

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

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

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October 17, 2020

13 ways to get sued as a Notary

Filed under: Notary Mistakes,Popular on Facebook (top),Popular on Linked In,Popular on Twitter,Popular Overall,Technical & Legal — Tags: , — admin @ 3:59 am

Originally posted in 2017

Many people become Notaries to make a few extra bucks and don’t realize there are liabilities in this profession. Here are some ways you can get into trouble as a Notary.

1. You name your business a particular name, advertise with that name, but the name is not registered with your county clerk. Someone could sue you for using their business name.

2. You notarize loans in an Attorney state and the local bar association sues you. This has happened to a few Notaries in Massachusetts, and in Georgia the bar association antagonizes Notaries from time to time.

3. You make a mistake on a signing and your E&O doesn’t cover you. E&O is for NOTARY MISTAKES and not for business mistakes you make with loan signing. If a document is not notarized, your E&O will not cover your mistake. For example if you sign the note wrong, that is not a Notary mistake, that is a document signing mistake.

4. You return documents back late and the Lender sues you because the borrower lost their lock.

5. You make a comment to the borrower about their loan, they cancel, and then the Lender blames you and sues.

6. You decline to Notarize someone whose name on the ID does not match or prove the name on the document. One Notary did exacty this and got sued and lost because her communication skills were so bad, but judge could not understand her side of the story.

7. You get in a car accident on the way to a signing and get sued as a result of the accident.

8. You make a mistake in a loan signing and then don’t answer your phone or email for days after. The Lender is pulling his hair out and sues you for his bill with Bosley hair transplants.

9. You don’t follow directions on an assignment. You don’t show the documents in the order the client asked you to. As a result, the client changes their mind about signing the document that will get the client their commission. The client loses $5000 because of you, sues you, and wins.

10. You forget to administer an Oath and your state fines you for malpractice. In California there is a $750 fine for each Oath you forget. Fining and suing are different, but the end is the same — you lose. Or should I say, I swear you will lose!

11. You give legal advice or something that can be construed, misconstrued as legal advice. Then, you get sued for UPL. If you give legal advice to a courier company you could get sued for UPL by UPS.

12. You put the wrong date on the Right to Cancel, the borrower thinks they have an additional day, and find out after the fact that they don’t. Good luck. You would be surprised how many Notaries do not know how to date a Right to Cancel.

13. You misrepresent yourself as an immigration expert and defraud some poor and helpless immigrants. Or you advertise as a Notario. You will be cracked down upon by many state governments for this.

.

You might also like:

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

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

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

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

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

Find Notary Services Near Me
http://blog.123notary.com/?tag=notary-services-near-me

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May 6, 2020

Girls just want to have fun; Notaries just want to get paid;

Filed under: Business Tips — admin @ 9:39 am

I remember that Cyndi Lauper song from the 80’s – Girls, just want to have fun. It was popular at one time. But, during this decade, we have a different dilemma. Notaries just want to get paid. Why is it that so many Notaries don’t get paid? It is a question of doing your homework. There are various reasons why Notaries don’t get paid. Here are my points on the matter:

1. Notaries who lack experience are seen as less valuable to companies. They typically get paid last if there is a monetary constraint. This is especially true of Notaries who come across as unprofessional, whiny, or make mistakes. The way to remedy this situation is to be more professional and punctual rather than claiming to be as such. Additionally, getting more experience would help as well.

2. Research all companies you work for. If you think you can just blindly accept jobs from companies, I recommend thinking again. Roughly half of the companies out there do not pay on time, or sometimes at all. If you visit the various forums you can easily see who the good apples and bad apples are. You are not just comparing apples to apples — okay, bad example, you are just comparing apples to apples.

3. Have companies paypal you up front. After all, you are not in the finance business. You are not a lender. So, why should you extend credit to a complete stranger? Beginners may have trouble attracting people who will pay up front. But, you can reduce your fee to gain this privilege. It might be worth sacrificing a few bucks to avoid the hassle of chasing people around for petty cash and to avoid the risk of not getting paid at all.

4. Billing regularly and keeping good records is essential. If you go easy on people who owe you money, that will not get you paid.

5. Sending threatening letters to those who have owed you for more than 60 days makes sense. 123notary has a template of just such a letter in our resource page.

Summary
Getting paid is not a complicated art form. It is a matter of following some basic common sense protocol. I hope you learn this and make a habit out of it. Otherwise you might be on the hook for thousands.

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April 2, 2020

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

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

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

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

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

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

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

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

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

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

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

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February 16, 2020

2013 compilation of best blog posts

Filed under: Compilations — admin @ 9:53 am

Here are my favorite blog posts from 2013

MARKETING

Companies that will hire NEW signers!
http://blog.123notary.com/?p=7059

We should be setting the fees, not the other way around!
http://blog.123notary.com/?p=3249

From 3 jobs per week to 3 jobs per day
http://blog.123notary.com/?p=3940

$10,000 per month on a bad month
http://blog.123notary.com/?p=3891

10 changes to your notes that double your calls!
http://blog.123notary.com/?p=4499

123notary elite certification, what is it all about?
http://blog.123notary.com/?p=8531

STORIES

The war between men and women notaries
http://blog.123notary.com/?p=3693

Mistakes notaries make with title companies
http://blog.123notary.com/?p=4412

A detailed look at the ninja course
http://blog.123notary.com/?p=4621

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Getting what is due, a clever plan
http://blog.123notary.com/?p=3221

Interview with a Title company
http://blog.123notary.com/?p=3724

Notary quotes of the day
http://blog.123notary.com/?p=4011

Interview with Title Course
http://blog.123notary.com/?p=6553

Notary Jokes
http://blog.123notary.com/?p=8471

TECHNICAL

Signing Agent best practices 63 points
http://blog.123notary.com/?p=4315

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

Signature name affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

Notary journals from A to Z
http://blog.123notary.com/?p=8348

Notary Seal information from A to Z
http://blog.123notary.com/?p=8337

What tasks can I do worth $1000 per minute?
http://blog.123notary.com/?p=4113

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

Why notaries don’t last
http://blog.123notary.com/?p=4087

When is it legal to notarize a document twice
http://blog.123notary.com/?p=4305

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

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

Why do I have to sign with our middle initial?
http://blog.123notary.com/?p=4452

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

Optional information on an Acknowledgment certificate
http://blog.123notary.com/?p=4407

Industry standards in the notary business
http://blog.123notary.com/?p=4370

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Notary fines and notary penalties
http://blog.123notary.com/?p=6903

Can you notarize someone’s initials
http://blog.123notary.com/?p=8269

Who are the parties involved in a Power of Attorney?
http://blog.123notary.com/?p=6738

Does Real Estate experience help as a notary?
http://blog.123notary.com/?p=4563

Common mistakes with the 1003, Crossing out the RTC, TIL & APR
http://blog.123notary.com/?p=4553

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