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September 17, 2019

Ken’s most popular oldies

Filed under: Ken Edelstein — admin @ 3:55 am

Here are some blog entries that I like to link to, but they tend to get buried.

Dress British, Think Yiddish
http://blog.123notary.com/?p=8643

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

The Right to Cancel done Wrong
http://blog.123notary.com/?p=10001

Notarizing your foreign language document
http://blog.123notary.com/?p=2768

A job declined
http://blog.123notary.com/?p=19979

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

Split PDF’s into legal and letter
http://blog.123notary.com/?p=8856

The Affidavit of Occupancy
http://blog.123notary.com/?p=10193

The Compliance Agreement
http://blog.123notary.com/?p=15828

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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

You might also like:

Can you notarize a signature in Chinese characters?
http://blog.123notary.com/?p=18784

The signature name affidavit — what is its purpose?
http://blog.123notary.com/?p=22541

Bikers on boats — Notaries heisting signatures
http://blog.123notary.com/?p=21160

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

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June 19, 2016

Ken’s tips for the Closing Disclosure

Timing Changes to the Closing Process
Well, it’s bye bye time for the good old TIL and HUD. No longer will notaries be waiting for approval of the “final HUD”. Hooray. Borrowers will usually have the new Closing Statement 6 days prior to notary arrival! Less chance for a surprise at the table.
The changes to loan and closing procedures are far more than a few new documents. The biggest changes are to the closing time-lines.

Documents
The HUD-1 and Truth in Lending forms will be replaced by a new “Closing Disclosure.”

Terminology
You will need to learn a new vocabulary. Some common terms are:
TRID = TILA/RESPA Integrated Disclosure
CD = Closing Disclosure
Consummation = Closing
CFPB = Consumer Finance Protection Bureau

Time Frames
New timing and delivery requirements will change the way we handle closings. This is the BIG news for the 123notary.com gang! There is new stuff to consider about timing:
The final Closing Disclosure must be delivered and received no later than 3 business days prior to closing.

If the lender sends the final documents 6 business days prior to closing, they don’t need to prove the buyer(s) receipt.

Most lenders will mail the closing disclosure 6 business days before closing. This pushes back the time frames for closing and makes it harder, if not impossible to address late breaking changes or issues in the days leading up to closing.
Fewer last minute notary requests: Lenders will have less time to get loans approved and the parties will have much more difficulty making last minute changes and adjustments.

You might also like:

The Closing Disclosure
http://blog.123notary.com/?p=16217

The 4506, Name Affidavit, Deeds, and more documents explained
http://blog.123notary.com/?cat=2074

TRID information courtesy of Carmen
http://blog.123notary.com/?p=18932

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

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May 31, 2016

Changed! Form 4506 Request for Copy of Tax Return

Changed! Form 4506 Request for Copy of Tax Return
Also changed is the similar Form 4506-T. Both forms being reviewed are September 2015 (look in upper left hand corner). The big change is the addition of a Mandatory check box next to the signature area. The signer must check box to attest to having authority to sign either form. “The form will not be processed and returned to you if the box is unchecked”. So, heads up about this – make sure they check the box when they sign. As we are there to make sure forms are completed correctly – take a few minutes and read the instruction page.

Most of the time the package will include Form 4506, but, perhaps not. The 4506 now has a fifty dollar fee per year requested, in addition to the above mentioned check box. There is another new option for the 4506. It’s a check box (at the extreme right) “If the copies must be certified for court or administrative proceedings”. That is probably necessary if the document is to receive an Apostille, but not sure. Either spouse may sign the form, or both may sign – I usually try for both.

Form 4506-T is quite different, rather than requesting a “copy” of the actual return; it requests a “Transcript” of the entries made on the return. This one is processed free. Oddly the contents of the 4506-T are specified on the 4506. At the top of the 4506 it states “The transcript provides most of the line entries from the original tax return and usually contains the information that a third party (such as a mortgage company) requires”.

Form 4506-T contains several options (again with check boxes on the right hand edge). Line 5 (where to send it) probably should be completed with the address of title or similar; otherwise the info is sent to the taxpayer. Prior to the check boxes the choice of which form must be entered – most would probably enter 1040. Then it’s on to selecting what type of transcript is required. It’s all on the form, so I’m not covering options 6-a to 6-c. Line 7 is interesting – here you request from the IRS proof that you did NOT file a return for tax year(s). Line 9 is where the tax years requested are specified.

The attestations of authority checkbox and signature areas are basically the same on both forms.
So, with the 50$ fee for the complete copy; many are likely to move to the 4506-T, processed at no charge. Thus, it would be wise to print them both each has only one page of instructions. Read the instructions carefully and understand the difference between the two. It’s unlikely that the borrower will know what options are required on the 4506-T. It’s best when you see it to review your instructions for what options are wanted. If no information is given, call for details. It appears that 6-c and option 8 provides the most complete information.

Fortunately, neither form requires notarization, yet? What sets us apart from the “bank notary” is our dedication to keeping up with changing requirements and understanding the need to have forms completed properly. Make sure that line 5 (shipping address) is not overlooked. And, if you have a 4506-T to work with, know what entries are required – don’t guess. And don’t rely on “them” to pre-enter the necessary information. Get it right the first time and be the one they call regularly.

.

You might also like:

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

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

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

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August 18, 2015

Notary – Your Signature – Needs Work

Filed under: Ken Edelstein — Tags: , , — admin @ 10:34 am

No, I’m not referring to that strange squiggle you have on file with your notary commission. I’m talking about your “other” signature. It’s the one that your email program adds at the end of virtually every email that you send. Jeremy hoots and hollers about having a good “notes section” in your profile on 123notary.com. Well, I’m willing to bet that at least a hundred times more people see your “email signature” than see your notes section. So, why is your email signature, either non-existent, or, to put it bluntly: junky?

The automatically generated “signature” is a great source of advertising. In addition to complete contact information, you should have a graphic; and a bit about the services you provide. This is totally free advertising, and it makes it much easier for people to call you. They don’t have to hunt thru several of your emails to find contact information – it’s in each and every one you send.

And, they can do much more than call. Your signature should have a link to your web site! A real “click here” (without those tacky words, of course). Mine informs recipients that I am available for: Mobile Notary Public, Apostille Processing, Embassy/Consulate Legalization & Fingerprinting. It’s the simplest thing to use, once set up. Just click “reply” to an incoming email and your signature is generated at the bottom – there’s nothing to it. MS Word allows for at least two different ones; one for a new outgoing email, one for a reply. Depending on your email program, the signature can contain various fonts, text, pictures, logos, and links. A goldmine!

Your email signature probably “needs work” and it will be a bit of work for you to configure the signature if you never accessed that part of your email program. Read the related help section, there are probably examples and/or step by step instructions. It’s also possible to get “fancy” and have a variety of signature files and select the appropriate one for each specific email. One processing tip, for users of MS Word: I found it easier to use the full “word facilities” to create the signature, then to just copy and paste it into the signature entry facility.

While most people will just click “reply” to your email, it’s a good idea to specifically put your email address in your signature. That helps people to edit copy, edit paste your email address when forwarding email if they did not add you to their address book. A further step is to include Filename extension .vcf, .vcard. Internet media type, text/vcard … vCard is a file format standard for electronic business cards. The .vcf allows instant addition of your information to the recipient address book. You can personalize the entry with your picture, logo or a graphic.

You only get one chance to make a first impression. That’s true in person, telephone or via email. When you include an informative email signature you literally “display” both enhanced technical ability and your desire to be easy to contact. If you also take the second and more complex step, the .vef; you stand a good chance of being added (permanently?) to your client’s address book.

It’s also common to include, as the last line of the signature, a thought provoking quote; with proper credit to the author. It should represent your beliefs and philosophy, select your quote wisely. I chose a classic by Joseph Joubert: He who has imagination without learning, has wings and no feet.

.

You might also like:

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

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

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July 3, 2013

How to get something notarized if you don’t have ID

If you don’t have ID, many states allow the use of credible witnesses. Two people could identify you before a notary public, sign the notary’s journal, and produce identification themselves.

But, honestly, if you need to get notarized, go down to your DMV and get a state issued identification card. You need it to go to a hotel, rent a car, get notarized, and more. You might need a copy of your birth certificate to get your ID. So, be prepared to figure out how to get your birth certificate. Don’t waste time. It is a hassle when notaries have to deal with clients who don’t have proper identification.

Personally, I have notarized many people. Some lived in bad areas where they got mugged, and the mugger took their identification. Others were old and had expired identification. Get with the program and get your identification ready.

It is sometimes hard or impossible to get something notarized if you don’t have current government issued identification.

Some states will allow the notary to notarize you if they know you well as being “personally known” to the Notary could constitute identification. Most states used to have that law because in the old days people tended to know people in their area quite well. But, most states have changed their laws, and no longer allow the notary to claim to know you as a form of identification.

Now you know how to get something notarized if you don’t have ID.

You might also like:

Show me your identification
http://blog.123notary.com/?p=6353

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

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

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February 17, 2013

Identification requirements for being notarized

Do you need to see a notary public sometime soon? Are you going to get some critical documents notarized? Don’t be afraid, this is easy! However, there are a few things that you must know.

(1) The notary public is required by law to check your identification. Certain types of identification are generally acceptable such as current driver’s licenses, state issued identification cards, passports,etc. As a general rule, if an identification is a current government issued photo-ID with a physical description, signature, and serial number, it should be good for a notary public to use. Make sure that your signature on the identification matches the one that you use on the document.

(2) Your name on the document must match the name on the identification. However, if your name on the document is shorter than the name on the identification, that is fine. If your ID says John J Smith, and on the document, you are named as John Smith, you are okay. If the name on the document is longer than the name in the identification, the notary public can not legally notarize that longer name variation.

(3) Some states require the notary public to thumbprint you for Deeds affecting real property and Powers of Attorney. It is painless (when I do it).

(4) The notary can not legally choose the type of notarization for you to get. Please have your decisions of whether to get an Oath, Acknowledgment, Jurat, or something else worked out before you see your notary.

(5) Most states require the document signer to sign the notary’s journal as well as signing the document. The notary should also record your identification information in their journal.

(6) Jurats require the signer to swear under oath. Please be cooperative about raising your right hand when you swear under oath.

(7) Mobile notaries charge a travel fee, and can charge waiting fees if you keep them waiting. Please be on time and respect their time and fees. 123notary.com specializes in mobile notaries.

(8) If the signer doesn’t have acceptable identification, please consult an attorney. Please be aware that inmates in jail do not have identification on their person other than their wristbands which is completely unacceptable as notary identification.

Good luck, and find a great notary public on 123notary.com!!!

Tweets:
(1) Your name on the document must match your name on the identification when notarized.
(2) Acceptable notary identification must be government issued, photo, serial #, exp. date, etc.

You might also like:

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

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

When ID and documents have different names
http://blog.123notary.com/?p=230

What’s your sign?
http://blog.123notary.com/?p=19638

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January 25, 2022

Vampire Notaries: 24 hour service

This was originally published in 2013

It was a dark and rainy night.
A couple called a company called Vampire Notaries for a late night signing.

The company’s motto was:
“We are part vampire; We provide 24 hour service”

They were going to sign a simple affidavit. The couple thought the business name of the notary sounded romantic in an erie way. In any case, the vampire(s) showed up a the appointed time.

It was 2am on a rainy night. There was thunder; There was lightening. The couple was cozying up next to the fireplace sipping wine. Then, there was a slow, but emphatic knock on the door. Knock………… knock……….. knock………. Each knock was heavy and decisive, but not frighteningly loud. There was a four second pause between each knock.

Two seemingly normal men in their 30’s were at the door. They both had clean cut hair, and were clean shaven. Everything was normal about these two guys, or at least, so it seemed. The only distinguishing aspect of their appearance was their long black coats. But, it was raining, so perhaps they needed a long trenchcoat, right? Or, was this part of their usual attire?

The couple asked why there were two of them. The answer was, “We like to work in pairs”. The couple gave each other a weird look, and then they asked what was next. Vampire #1 asked to see their identification. The couple gladly handed their drivers licenses over. Vampire #1 stared at the picture of the lady, and said, “That’s a nice picture, you have nice rosy cheeks… you must have good circulation! Do you work out?” Next, Vampire #1 wanted to see the documents. The couple was instructed to sign the documents. Next, it was time for pawprints. Vampire #2 asked for a right thumbprint from the husband. At this point, the wife asked, “Aren’t you asking for a lot? The next thing you will ask for is a DNA sample, a retinal scan, or even a BLOOD SAMPLE.”.

At this point, Vampire #1 exclaimed,
“Funny you should mention that” — and gave a knowing glance to the the other vampire.

Then it was time for the wife’s thumbprint. The husband said to Vampire #2, “You really do spend a lot of time looking over my shoulders and breathing down my neck. Vampire #2 said, “They don’t call us Vampire Notaries for nothing!”. Finally, the wife noticed that Vampire #1 was doing 90% of the work. She asked why one Vampire did almost all of the work. Vampire #2 explained, “I prefer to watch!” — with a delighted look on his face.

After the notary work was all done, the couple paid the notaries. But, Vampire #2 said, “We are not done yet”. The wife asked, “What more could we possibly do?”. Vampire #2 walked over to his briefcase, and whipped out four dixie cups and announced, “It’s time for our midnight elixer!”. Vampire #1 brought a small bottle of sangria, he glanced at the couple’s Anderson Valley Syrah and said, “You are drinking the WRONG type of wine!”.

So, all four of them enjoyed a two ounce sip of Sangria (the Italian word for BLOOD) from their little chalices. After that, the vampires were about to part ways with this young couple. The lady said to the man, “They seemed nice, but that was a little strange”.

Right before the vampires walked out the front door, Vampire #1 whipped out a purple light. The couple saw what these guys looked like in the light, and their eyes turned a very disconcerting color, and their teeth turned color too, emphasizing their fangs.

“Oh my god”, screamed the wife.

“Fare well”, retorted the vampires… and left, with the door making a medium-loud clunk as it closed.

The next day, the couple woke up. Everything seemed normal. The husband brushed his teeth. The wife took her shower. They enjoyed a slow breakfast with all of the usual items. Then, it was time for a kiss before going to work. But, the wife noticed something.

“Fred, What are those strange marks on your neck?”

Tweets:
(1) The company’s motto was: “We are part vampire; We provide 24 hour service”
(2) 2 seemingly normal men in their 30’s were at the door. It was raining, so maybe they needed trenchcoats, right?
(3) Wife: “The next thing you will ask for is a blood sample.”
Vampire Notary: “Funny you should mention that.”
(4) Vampire Notary: “I like your ID picture. You have nice rosy cheeks, you must have good circulation, do you work out?”
(5) After the signing w/Vampire Notary, the 4 of them enjoyed a sip of Sangria (the Italian word for BLOOD)
(6) The day after the signing w/the Vampire Notaries the wife asked: “Fred, what are those strange marks on your neck?”
You might also like:

Top 12 things to do when you are on hold
http://blog.123notary.com/?p=3946

Notarization for an exorcism
http://blog.123notary.com/?p=20948

The 24 hour icon and what means
http://blog.123notary.com/?p=19455

Notary with Tourettes Symdrome
http://blog.123notary.com/?p=18999

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April 29, 2021

A Notary notarizes the My Pillow Guy

Filed under: General Stories — admin @ 6:08 am

NOTARY: Hello Mike, how is everything?

MIKE: It’s been rough. People are cancelling me left and right because of my political beliefs. It’s like living in a communist country.

NOTARY: Well, I’m not going to cancel you. May I see some ID?

MIKE: Here you go.

NOTARY: Let’s see, you want to be notarized as Michael J Lindell, but your ID says only Michael Lindell. Sorry… I’m canceling you based on your ID, but not your political views.

MIKE: It has the J there. Time to see an eye doctor.

NOTARY: I just don’t like the way people cut you off, and without any type of landing pad. There was no cushion to your landing. And all because of your PILLOW-tical views.

MIKE: It’s because the pillow guy is “in bed” with the enemy, at least from their point of view. On the other hand, maybe the cancellers got up on the wrong side of the bed.

NOTARY: For them, every side of the bed is the wrong side.

MIKE: I’ll sign to that!

NOTARY: Well maybe you should resolve your issues with the left by having a pillow fight. By the way. I just love how you get all excited over something so mundane as a pillow. You get as excited about pillows as I get just thinking about my future trip to Japan where I will do sake tasting, see amazing parts of Tokyo with the most unique shopping on the planet, and see Buddhist temples in Kyoto.

MIKE: You’re right. I guess I’m a bit eccentric. But, that Egyptian cotton is something else.

NOTARY: I bet Amazon probably cut you off. They have become a bunch of Piranhas in the last few years which is an interesting insight. I guess their business name has a lot of metaphysical impact on their character.

MIKE: Hmm. Very interesting. I never thought of that. So, what does my business name make me — a big softy?

NOTARY: Actually, you kind of act like that… I think you are correct in your assertation. (pause) Please sign here. (pause) According to Judaism, your name is very important. The most famous story in the Torah is when Rachel’s son Benoni’s name was changed to Benjamin. From: son of my sorrows to: son of my right hand. Rachel had to change the boy’s name otherwise he would attract a negative and sorrowful future. But, you are named after an angel, so I guess you are on the right track. And I think angels like pillows.

MIKE: I should order some new wings from Amazon assuming I’m not banned from there. I should get a warranty on angelic wings too if I get some. Angel wings, not teriyaki wings — just wanted to clarify that.

NOTARY: Can you sign the journal? Uh-huh…. Okay. I’m going to stamp the document. You are good to go. Your new pillow contract is good now — REST ASSURED.

MIKE: Another pillow reference.

NOTARY: Have you ever thought of making coffins too? Dead people like to be comfortable too — I’ve heard.

MIKE: I would like to create a coffin for dead people who vote by mail who need to get in and out of that coffin and go to the post office. There’s a big market for those folks, at least as of 2020.

NOTARY: Good point.How about a briefcase with a very soft exterior, or a Notary journal with a very soft cover?

MIKE: Not much of a market for that, but sounds like a great idea. Well thanks for the Affidavit, do I need to swear to anything?

NOTARY: Your notarization was an Acknowledgment and doesn’t include an Oath. But, I am so good with Oaths, I can give them in my sleep… I swear it!

MIKE: Uh…. another pillow reference. I saw that one coming. Okay, it was fun. Let’s hope that this cancel culture ends soon.

NOTARY: And if it doesn’t, you can suffocate it with one of your products.

MIKE: Another one. That one I didn’t see coming!

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February 20, 2021

How dangerous is it to be a mobile notary?

Filed under: Business Tips — admin @ 4:14 am

How dangerous is it to be a mobile notary? We have written other blog articles on the topic. The answer is — not very dangerous. But, there are some dangers and the trick is to know how to safeguard yourself.

1. Neighborhoods
If you go to a bad area at night, that is mildly dangerous. You are more likely to get hit by a truck than have a problem in a bad neighborhood, but you know how people feel. Speaking of which, I actually got bumped by an 18 wheeler. No damage was done because the angels were protecting me — thanks angels! It was on a highway in stop and go traffic. I was stopped, but he took his foot off the brakes as he was daydreaming and bumped me at half a mile per hour.

2. Crazy people
The only serious issue we had with a notary was the one who was pushed down a short flight of stairs because the borrower didn’t like his APR. That was one Notary out of 65,000 we have listed in our history. So, the risk level is low, unless… someone doesn’t like their APR. Go over the stats by phone before you get to the signing. Also, if at a signing, make sure you either know your escape route, or make sure you are bigger than the other people there — or both.

3. Animals
You are more in danger from animals. Humans who can’t behave are already generally in prison. But, someone could have a crazy pet who bites you or chews on your clothing, or pees on your leg. It it happened to you, it would not be the first time. There was another story about a pit bull running wild in a neighborhood and a borrower came out of his house with his gun drawn when the notary came. He had to explain what happened to the notary who was going to protect himself by brandishing his embossing seal.

4. Accidents
Accidents are a fact of life, flat tires, breakdowns. People can die in accidents. We haven’t had any notaries die of accidents or anything other than cancer or old age, but it could happen.

5. Court Cases
Notaries don’t discuss this much on forums, but 1 in 7 long term notaries who is active has had to appear before a judge because of a notarization they did. There were two notaries in Oklahoma who lost their commission because they failed to administer an obligatory Oath to their clients for an Affidavit they notarized. They are lucky they didn’t get locked up. One notary in Sacramento committed identity fraud and got locked up. In total we have had two criminal Notaries who engaged in purposeful fraud and got locked up. Two out of 65,000 is not that bad, not to mention another who allegedly stole OxyCodene from a signer and was not arrested.

6. Covid19
No Notary has died of Covid19, or even gotten sick on the job as far as we know. They went overboard taking ridiculously over-kill type precautions that ruin the fun of notarizing. Many notarized outside or wearing suffocation inducing N-95 masks to be “safe.” How safe are you being if you can’t breathe? Others sat 10 feet away from the others or did notarizations on their trunk or in their car. Such insanity is just plain insane, but nobody got sick to our knowledge. In fact, only a handful of Notaries reported having been sick with Covid19 to us and they got better after a few weeks and didn’t have any serious symptoms other than losing their sense of taste. In those interior states, the food is so bland that losing your sense of taste won’t affect you that much.

7. Notaritus
I just made up this disease, it is not as bad as “Stamp Elbow” but is the next worst thing. It is an infectious disease that only Notaries get. I’m not sure what the symptoms are as this is an imaginary disease. I’ll think about it.

8. Getting sued for using someone’s business name
This almost happened to a client. But, the person who trademarked the name came after my server company which created a huge headache. I have no problem removing a business name from our site, but do you have to call in the national guard over such a small issue?

SUMMARY
So, what is the most dangerous of all the things that can happen to a Notary? I would say that the legal risks are a huge risk. Although if you are very cautious about how you do your work and avoid hospital signings you will lower your risk. Crazy people would be next as we have a serious injury recorded. I would then say that animals are the next most dangerous although they normally don’t kill you. Many Notaries feel “safe” because they are wearing an N-95 mask, but that only protects you 50% from a disease that hasn’t killed any Notaries known to us so far. But, it will not make you safe from court cases, animals, or crazy humans. So, let’s focus on real dangers and not ones that you have been brainwashed into believing are the only threats to your existence.

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