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November 13, 2020

Penalties for Notary misconduct, fraud, and failure of duty

Filed under: Notary Mistakes — Tags: , , — admin @ 11:23 am

Originally posted in 2018

Notaries by and large do not willfully engage in any type of illegal activity or illegal notarizations. The normal types of crimes Notaries commit are due to complete ignorance of Notary procedure, Oaths, and certificates. The only serious and purposeful crime I have ever heard of a Notary associated with us committing was one that assisted someone in fraud concerning real property — and the Notary ended up in jail. Please keep in mind that Notary law is different in every state and changes all the time as well. Penalties and fines for Notary misconduct are different in each state, California being the most stringent.

Negligent vs. Willful Misconduct

In California, the penalties are much more severe for Notaries who have engaged in willful misconduct rather than just making a careless mistake or omission.

Failure to keep your seal & journal under lock and key.
In California this is very serious and is a crime. You can keep your Notary equipment in a bag with a small lock that locks the zippers together. If you are the only one with access to your car, then the trunk of your car could work as well.

Unauthorized Practice of Law
The definition of UPL differs from state to state. However, offering opinions on legal matters or offering to draft legal documents might constitute UPL. For a professional opinion — ask an Attorney!

Asking a notary to do an improper notarization.
This is a misdemeanor in California. If it involves real property, then it is much more serious. Clients might ask you to notarize their signature using a different name variation that is not documented on their identification, or put a false date. This is illegal. They would guilty for asking you to do this, and you would be guilty if you give in to their pressure. If you have driven forty minutes to a signing job, in a sense you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door. So, to be prudent and avoid this issue, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen. If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.

Issuing a false certificate
A notary who signs and seals false certificates, and this could include backdated certificates would be guilty of a misdemeanor. A false Acknowledgment certificate constitutes FORGERY. Additionally, the notary public could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident in California (fines change over time so look this up in the statues).

Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.

Failure to get a thumbprint!!!
This is my favorite. Thumbprints are critical for identifying a signer if fraud is suspected. Powers of Attorney and Deeds require a journal thumbprint in California. A fine of up to $2500 per incident would be the penalty. Most other states do not require thumbprints, and Texas and Florida actually recommend against thumbprinting as those states do not trust Notaries with biometric data which is the only foolproof way to identify a signer. How ironic!

Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspension of a notary commission, or refusal to grant a commission. I heard that some Notaries in Oklahoma had to go to court for a loan document signing in question. The Judge found out that the Notaries had not administered Oaths on the Affidavits in the loan package. I heard that the Judge overturned the loan and had the Notaries commissions permanently revoked by their state.

Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place. If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!

Professional Misconduct
This refers to dishonesty in your professional activities. The penalty would once again be suspension, revocation, or refusal to grant a notary commission.

Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization. However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client. The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.

Falsely Acting as a Notary
This is a misdemeanor. Borrowing someone’s Notary seal and doing Notary work is a serious crime. If you are a Notary, keep your seal and journal locked up.

Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY. This is the most serious type of fraud possible in the notary profession.

False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for a California Notary is $1500 per incident. Additionally, such a notary’s commission could be suspended, revoked, terminated, or there could be a refusal to issue a commission. Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising and perhaps unauthorized practice of law.

Selling personal information
It is illegal for the notary sells or misuses personal information of those he/she has notarized. Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public. Once again, your application could be denied, or your commission could be revoked or suspended for this type of crime.

Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct

Here are some other crimes… I will just list them here, but may or may not describe the penalties.

Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted

There are a few others laws that I am not going to mention, but these were the interesting ones…

You might also like:

A Notary loses $4000 in legal fees because someone changed a name on a certificate

Notary loses $4000 in legal fees because fraud adds name to Acknowledgment certificate.

All you need to know about notary work

All you need to know about notary work

How to complain about a notary public

How to complain about a notary public

Notary Fines and Penalties

Notary Fines & Notary Penalties (gulp)

Fraud and Forgery in the Notary Profession

Fraud & Forgery related to the notary profession

Notary Public General Information

Notary Public Information

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October 23, 2020

123notary Elite Certification Study Guide

Filed under: Loan Signing 101 — Tags: , — admin @ 12:24 am

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ELITE CERTIFICATION

To get elite certification, you need to do well on the regular certification topics, and then know a lot more. Here are the items we quiz about for elite certification. We test by phone for the elite, and if you study hard and know your basic documents, scenarios, and Notary knowledge plus the content on this page, you could pass.

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Documents you have to understand intimately

Recorded Documents
Riders
Subordination Agreement
Residency Affidavit
Owners Affidavit
Deed of Reconveyance
Deed of Trust
CD & HUD-1
Please read the details of the required documents. Read more…

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Procedures or Acts to Understand

Signature by X or Mark — read more…
Apostilles and Authentications — read more…

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Other Terms or Information
Please click on the links below to get detailed information on the following points.

The term Elizor — read points 23 on this link. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate in court.

Explaining beneficial & financial interest. A Notary may not have beneficial interest or financial interest in anything he is notarizing. A beneficial interest could be construed as …

Federal Holidays in chronological order (memorize these). Let’s start with New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day …

Fraud Prevention & types of fraud that happen in the Notary world. Falsified identification, incorrect dates on certificates, using someone else’s Notary seal …

Authority – Who has the highest level of authority if there is a question about a notary act or document at a signing? The Notary is the authority as to how a notary transaction happens, but…

Annual Percentage Rate — a detailed understanding is required. The APR is based on the amount borrower after certain (but not all) fees and closing costs have been deducted, and expressed as a …

Pros & Cons: — Adding an Acknowledgment rather than fixing the original. if there is a mistake on a preprinted form. It is cleaner to add a new form, but there can be recording fee issues involved…

What to do if John & Sally’s names are inscribed in an Acknowledgment by the Lender and Sally can’t make it. — Cross out or add a new form? This is similar to the last point, but there are some extra snags…

Handling name variations and discrepencies such as: ID Name, vs. Typed Name, Signature on Doc, and Name on Ack. Relationship between these names if they don’t exactly match. The main thing is to obey the law first…

Understanding dates such as: Transaction Dates, Signature Dates, Rescission Dates, and Document Dates… A transaction date is the same as a signature date, but a document date is arbitrarily chosen, but by whom?

Loan Signing FAQ’s that Borrowers ask. FAQ’s have been greatly reduced by Lenders being required to explain documents to the borrowers in advance. But, you still might be asked why the APR is …

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March 17, 2020

Most popular posts as of 2019

Filed under: Compilations — admin @ 11:53 am

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=697

Can a notary perform a wedding or marriage?
http://blog.123notary.com/?p=1891

Penalties for notary misdeeds & misconduct!
http://blog.123notary.com/?p=2067

Names for Notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

What does it mean to be Fidelity Approved?
http://blog.123notary.com/?p=20049

Do I notarize every page of a document?
http://blog.123notary.com/?p=2280

Can a notary notarize a birth certificate?
http://blog.123notary.com/?p=2300

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

Where can I find a Spanish speaking notary?
http://blog.123notary.com/?p=18824

Notary Verbiage & Notary Wording
http://blog.123notary.com/?p=18854

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary get in trouble?
http://blog.123notary.com/?p=1745

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can a notary notarize a Will or Living Will?
http://blog.123notary.com/?p=7088

Can a notary sign an out of state Quit Claim Deed?
http://blog.123notary.com/?p=2182

Can a notary be a witness?
http://blog.123notary.com/?p=1273

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Websites from some of our best Notaries!
http://blog.123notary.com/?p=14677

Can a Virginia Notary notarize in DC or Maryland?
http://blog.123notary.com/?p=18782

Notary Public 101 from 123notary!
http://blog.123notary.com/?p=19493

Can a notary witness a will or notarize one?
http://blog.123notary.com/?p=1525

Affidavit of Citizenship
http://blog.123notary.com/?p=18847

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December 5, 2019

The 50th Notary High School Reunion

Filed under: Andy Cowan — admin @ 6:09 am

The 50th Notary High School Reunion

What could be more exciting than attending the biggest notary high school reunion of them all, the big 5-0? A chance to feel great that the cool kids grew up to be old and dumpy. And the geeks grew up to be old and dumpy. It’s the 50th. You were expecting “svelte?”

Jill: Hi?? … (noticing Jack’s notary high school picture nametag): Ohhhhh… Jack! Sorry for your loss.

Jack: Yeah, I went bald in notary college. You still look hot.

Jill: Thanks!

Jack: As in hot flash.

Jill: Menopause happened back in my fifties, so I’ll take that as a compliment. Are you still performing Notarial Acts?

Jack: I still witness signatures. The ones my kids make trying to sign me into a home.

Jill: At 68, they’re trying to put you in a nursing home? That’s not very nice.

Jack: I’m joking. I retired last year. Made a killing.

Jill: That’s great. How did you do it?

Jack: I was a notary specialist. My clients were all octopuses. Eight arms. Eight signatures.

Jill: That adds up. Remember our teachers in Notary Junior High? Mr. Guther?

Jack: How could I forget? He suspended me for embossing my private parts.

Jill: Oh yeah! You were a wild kid.

Jack: But I got an A in shop class for making the stamping device.

Jill: You affixed it to a tangible record, all right.

Jack: Weren’t you a cheerleader back then?

Jill: I sure was. I still remember our chant. “Give me an A, give me an F, give me an F, give me an I, give me a D, give me an A, give me a V, give me an I, give me a T, what’s that spell?

Jack: Affidavit?

Jill: I don’t know. I was a great cheerleader but a lousy speller.

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Testing Carmen on a bridge in 2003
http://blog.123notary.com/?p=21264

Notaries over 50
http://blog.123notary.com/?p=21262

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November 13, 2019

How can I find a Cantonese speaking notary public?

Filed under: Public Interest — Tags: , — admin @ 5:45 am

Where can I find a Cantonese speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time. Where can I find Roger Smith, he is a notary in Louisiana? He notarized a document for me a year ago, and now I can’t find him. I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state. I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question. I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get. The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard.

Where can I find a Cantonese speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Cantonese Speaking notaries, however, they are all spread out. You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site. You can do a search by zip code and then use the language filter on the upper right side of the page. Try inputting the term Cantonese, and then try Chinese as a second search. See what happens. I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well.

If you can’t find a Cantonese speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary. You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Cantonese Chinese speaking notaries, but they might not advertise much as their business might come from word of mouth or 朋友推薦朋

It is common for Cantonese speaking people who function mainly in Cantonese 廣東話 to pick service providers who also speak their language. However, this might not be a good idea. If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice! 祝你好運

You might also like:

How to find a bilingual notary public
http://blog.123notary.com/?p=2520

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

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 18, 2019

Where can I find a Mandarin speaking Notary?

Filed under: Public Interest — Tags: — admin @ 11:30 pm

Where can I find a Mandarin speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time. Where can I find Roger Smith, he is a notary in Louisiana? He notarized a document for me a year ago, and now I can’t find him. I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state. I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question. I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get. The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard.

Where can I find a Mandarin speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Mandarin Chinese Speaking notaries, however, they are all spread out, and there are dialects too. Someone who knows Min-Nan-Yu only might not be fluent in Hakka for example. These are Southern dialects from Guang-Dong and Southern Fu-Jian by the way. The more common dialects are Mandarin, Cantonese, and Taiwanese in American metros. You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site. You can do a search by zip code and then use the language filter on the upper right side of the page. Try inputting the term Cantonese, and then try Chinese as a second search. See what happens. I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well.

If you can’t find a Mandarin speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary. You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Mandarin speaking notaries, but they might not advertise much as their business might come from word of mouth or (peng-you tui-jian gao-su peng-you) as the case might be.

It is common for Chinese people who function mainly in Mandarin Chinese to pick service providers who also speak their language. However, this might not be a good idea. If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice! “Zhu ni hao yun!”.

You might also like:

Where can I find a Cantonese speaking notary?
http://blog.123notary.com/?p=1640

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

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May 9, 2019

Donnie Wahlberg and the Notary

Filed under: Humorous Posts — admin @ 11:18 am

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: Well I’m reliable.

DONNIE: Oh you are? That’s great. Because the other Notaries failed to assure me that they were reliable, therefore you’re the one I’m going to hire for my two hundred documents.

NOTARY: Really?

DONNIE: No dumb-ass! You really think I’m going to take your word for it numb-nuts? The fact that you claim to be reliable doesn’t mean jack. This is ridiculous! I’m calling someone else.

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: I’m cooking right now. I’m a bit of a gourmet.

DONNIE: Oh, I have a new brand for you for gourmets with attitude. It’s called “What the Puck, by Wolfgang Puck.”

(disclaimer — this is not a real brand and the reference was for purely comedic purposes and yes, we love Wolfgang Puck’s line of soups by the way in real life. Particularly chicken and wild rice because I like it wild.)

NOTARY: I find that kind of offensive.

DONNIE: Well I find it offensive that you act like you’re on vacation during a fricking business call. Get your head out of your ass and let me know if you wanna work or not?

NOTARY: I politely decline.

DONNIE: I’ll have to find someone else for my 200 Affidavits that I’m paying $10 per head for.

NOTARY: I changed my mind, I’m so behind on my payments.

DONNIE: You’re behind on payments because you put recreation ahead of work as a matter of practice. I need to find a real Notary who takes life seriously. (slams phone down)

DONNIE: (ring-ring) Hi, I need a Notary to notarize a few Affidavits.

KEN: Sounds super. Can you read the name as it appears on your ID?

DONNIE: What’s it to you buddy?

KEN: It’s a legal requirement and believe me, I’m not asking you for the pleasure of asking.

DONNIE: Fair enough. It says…. Donnie Wahlberg, Donnie spelled with an i.e. at the end like your giving an example. And Wahlberg which has an “h” after the a, and the berg has an “e”, not a “u”, not that there’s anything wrong with having a “u”.

KEN: Well I don’t have a “u”, nor do I have anything against “u.”

DONNIE: And you never will.

KEN: You’re probably not my type anyway, but it never hurts to meet new people.

DONNIE: You know something… I like you. You ain’t that bad! You didn’t say nuttin’ stupid like those other nitwits I talked to.

KEN: Hey, don’t knock it. I get a lot of work cleaning up after those clowns. Too bad the clown schools aren’t taking applications because then they could become professional clowns.

DONNIE: I’m not sure I want someone squirting me with water at a signing.

KEN: All I can say is just hope to god they don’t have cream pie for desert after the signing is over. You never know where that could go.

DONNIE: Yeah, tell me about it. You’re hired. By the way, 200 documents isn’t a problem for you, right?

KEN: cha-ching! I hit the jackpot. It just means more journal entries and a little self-massage of my hand when it cramps up. By the way, do you happen to have any good massage oil?

DONNIE: I actually know of some good brands from Whole Foods that my new girlfriend just tipped me off to. She just finished school to become a Thai masseuse, but she’s Irish which is another story.

KEN: Oh really. Tell me more… And by the way, she’ll have to change her accent. People go to Thai massage to hear, “Sawat de ka” and “I do for you.” and not “Ay, the luck of leprichauns… my father O’Flanahan knows a wee over two thousand stories about those creatures he told me as a lass, he did.”

DONNIE: A point well taken. I’ll take her to one of those accent reduction places for people whose American accent is too thick.

KEN: I like it! Just have her put a little nasal into it and whine a little bit. She’ll be perfect.

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