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May 29, 2012

Are webcam notarizations legal in my state?

Are webcam notarizations legal in my state 

As of 2011 & 2012, webcam notarizations are not legal in any state.  The California Secretary of State even went so far as to make an official posting on their California notary division website to specifically state that it is illegal to do webcam notarizations in California and that there was a company who engaged in this illegal notarization practice.  This illegal notarization technique was used for signings in New Jersey by the company in question.  I have not heard if those individuals doign these webcam notarizations have been arrested or what.  We actually advertise them on our website, but post information stating that their webcam notarizations are illegal in California and other states.
 
As a customer for notary services, it is your responsibility to have some basic idea about notary law, and you need to know what is illegal in this business.  Any notary job that lacks personal appearance from the signer is an illegal notarization except for a proof of execution.
 
If you want to look up your state’s notary laws, each state has a notary division website where you can look up specific notary laws particular to your state. It might be hard to sort through and the legalese is not easy to read, but you can learn a lot in a short amount of time by reading through state notary division websites. 
 
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Contact information for state notary divisions

Do you accept credit cards?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3135

Being asked to backdate
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3155

e-docs — worth it or not
http://www.123notary.com/forum/topic.asp?TOPIC_ID=632

Accepting verses bidding on a job
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2306

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March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different dates.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those split signings are tricky, and are more likely to have to be redrawn.  But, just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

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A lady lost a great account because she wouldn’t backdate!
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Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

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January 27, 2011

Notarization on the Steve Harvey Show

STEVE: I have a surprise for you. Do you know why we invited you here today?

CAROL: I have no idea, honestly no idea.

STEVE: Well, I’ll give you a hint. Have you ever had anything notarized?

CAROL: No, I can’t think of anything that I’ve ever had notarized.

STEVE: Well think harder. Think fifteen years ago.

CAROL: Hmmm. I’m coming up with a blank.

STEVE: Well, you might not remember this notary, but he remembers you. And he has something of yours that you gave him when he last saw you back in 1994.

CAROL: 1994?

STEVE: Here he is!

CAROL: Oh my god, Oh my god! Randy. I remember you, but forgot that you were a Notary. And that’s the necklace I gave you. I remember it all now!

STEVE: Well, brace yourself. You better sit down. Because Randy has something that he wants to ask you!

CAROL: Oh my god. I can’t believe this is happening. Yes Randy. What did you want to ask me.

RANDY: Carol, I met you almost twenty years ago, and I have never forgotten you. You have been on my mind ever since. I realized that when we talked, back in 1994 the conversation was so meaningful. But, there’s one thing that has been on my mind that I have been needing to ask you ever since.

CAROL: One thing? Sure, ask anything you want. I just am not prepared for what you might ask.

RANDY: Carol… will you…ummm… how can I put this. Remember the notarization I did for you back in 1994. My journal said that it was for an Affidavit of Occupancy.

CAROL. Oh yeah, now I remember. That was to lock in a particular interest rate on that house.

RANDY: Well, we got so wrapped up in conversation that I forgot to ask you one thing. Carol, will you… um… will you complete the Oath that I forgot to ask you for that Affidavit of Occupancy? I kept a copy of that document all these years with the necklace you gave me.

CAROL: Oh my god, you still have that?

RANDY: Please raise your right hand. Do you solemnly swear that the information in this Affidavit of Occupancy are true and correct and that you agree to the conditions in the document?

CAROL: I do.

RANDY: I’m so relieved. Because, in my notary career, I never violated notary law, not even once. But, I realized that failing to administer an Oath for a Jurat on an Affidavit is grounds for suspension, termination, or revocation of your notary license. I’m so glad that I administered that Oath, and got it out of my system.

CAROL: You came all the way to have me on TV, just for that?

RANDY: Oh, and one more thing.

CAROL: Yes?

RANDY: Carol…. will you marry me?

CAROL: Oh my god! Yes I will, well, at least we can start dating. But, on one condition.

STEVE: The sister has conditions? I gotta hear this!

RANDY: Sure, that’s fine

CAROL: I will need a notary statement stating that you want to date me and that you will take me out for penne arrabiata at Carmino’s Italian Restaurant.

RANDY: That’s a little odd. Would you like the notarization to be a Jurat, Acknowledged signature, Protest, or an Oath.

CAROL: I’d prefer a Jurat with an accompanying Oath. And yes, I’ll keep a copy of that document to show you in 2034!

STEVE: This is amazing. I’ve never seen anything like this in my career. Just one question for Randy.

RANDY: Ask away!

STEVE: Randy, I’ve never been notarized, ever. I just want to know what it is like being notarized, just to get it out of my system. Can you notarize me?

RANDY: On camera? The camera adds 10 pounds to any signature you know.

STEVE: That’s okay. So, what’s the first step.

RANDY: I’ll need to see some ID sir!

STEVE: What, you don’t know me? I’m Steve Harvey — I’m famous. You don’t need to ID ME!

RANDY: Well, actually it is a legal requirement here.

STEVE: Oh allright. I was just playing with you. Here’s my ID. Which one you want. I got five of them.

RANDY: Your driver’s license will work.

STEVE: Allright, now what do I gotta do. Do you want me to sign something?

RANDY: If you don’t have a document, you could have something typed up.

STEVE: Well what do you want it to say?

RANDY: It can say anything you want just as long as you sign it.

STEVE: Hmmm, I’m gonna have to think about that. (he looks to the left, looks up, and looks around) I thought about it and I know what I want to say now.

RANDY: What is it?

STEVE: I wanna say, I’m Steve Harvey, and I’m smooth like butter.

RANDY: We can do that. Just sign the journal here. (staff hands him the typed up paper) Sign the document here. I’ll attach an Acknowledgment certificate, stamp it… we’re done!

STEVE: That’s it? That was easy. I didn’t feel a thing.

RANDY: It’s a fairly standard act.

STEVE: Well, I want to wish you and Carol the best of luck on your first date. In fact, we are going to pay the first $200 of your date’s expenses for dinner for two at Maggiano’s in Los Angeles. That is the fanciest, most amazing Italian restaurant anywhere in California. I love that place! Then, get this — are you ready? You can have another $200 for your next date and a gift certificate for two to see a 3d movie or movie of your choice at IMAX in Universal Studios.

CAROL: Wow Steve. This is the best day of my life. I never expected any of this.

RANDY: Thanks Steve. I don’t know how to thank you.

STEVE: Well, you can thank me with a notarized statement if you really want to know how to get to the bottom of my heart!

.

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January 22, 2011

Notarization in The Trang

Filed under: Virtual Comedy Themes — admin @ 11:07 am

In a previous Notary story, a Notary who was stationed in Vietnam had to go with Johnny, a hardened warrior on an undercover mission to a prisoner of war camp to do a POA for a POW. Wish them luck.

JOHNNY: “Okay, men. Now this mission is dangerous, and it will take twenty days on foot to get where we are going. Any questions?”

HARRY (The Notary): “Several things. First of all, is there a Baskin Robbins on the way and second, you behave like an ape in the morning.

JOHNNY: “I’m a Guerilla, not an ape. I learned to fight from the finest of Vietcong soldiers… before I killed them. I killed 120 soldiers in my career — most of them with my bare hands or by carving their heart out of their chest with my knife.

SIMON: “Sounds charming. Do you have any objections to just shooting someone with a semi like the rest of us?”

JOHNNY: “I have nothing against it. I would do it if I had to. I just prefer doing it with my hands. It’s amazingly theraputic.”

JURATSTITUTE: “Hi, guys. You need Notary? I do for you. $5, notarize you long time. You like.”

JOHNNY: “Maybe another time. We’re on a mission. Okay men. Now, remember, the prison camp is not called ‘The Trang’, nor is it located in De Trang which orally sounds similar to The Trang. We are going to a remote village in the hills West of Danang.”

JURATSTITUTE: “Oh, I have friend in Danang, she specialize in Affirmations. You want to look her up?”

HARRY: “I’ll do the affirmations for now. But, thanks anyway. And, I like the word The Trang. It sounds like a place where you go to the bathroom — turn out the lights if you use The Trang.. Or maybe a jungle prison camp where they torture people with bamboo slits and other gruesome methods.”

JOHNNY: “Okay, as a decorated soldier in the United States Military, I now officially pronounce that we will call the location we are going to — The Trang, even though it is not normally called that. I am agreeing with Harry even though he is an idtiot, because the name sounds cool. That way I can tell all my buddies back home what it was like to be locked up in The Trang, before I escaped and killed all the guards with my bare hands, and the help of a few poisonous snakes I found outside who were a real help.

SIMON: “I like the fact that you give snakes credit when credit is due.”

HARRY: “I think that Jeremy at 123notary.com would like to know if you acknowledge, state, swear or affirm that we will call this location The Trang?”

JOHNNY: “What difference does it make?”

SIMON: “To us, no difference, but Jeremy is a stickler for semantics and diction.”

JOHNNY: “Well, I’ve never thought of myself as anti-semantic. I love the Jewish people. Their culture is the bedrock that our society is built on. The belief in one God, rules of conduct, the ten commandments.”

SIMON: “No, not anti-semitic, anti-semantic. Never mind.”

—– (the next day) ——

JOHNNY: “Okay men. Now we are on day two of our trip. We need to set up the booby trap for the night. We don’t want anyone sneaking up on us while we sleep. Happens all the time around here.”

HARRY: “Why don’t we make them swear to an Affidavit that they won’t sneak up on us… Aren’t you being a bit like the Vietcong?”

JOHNNY: “My motto is when in Rome, do as the Romans do. I learned from the best snipers, booby trap makers, and hand to hand combaticians in the business. In fact, I don’t stop there. I meditate on the consciousness of the best Vietcong soldiers because they have 25 years of jungle war experience while Americans want to solve their problems by carpet bombing. Such a lack of commitment cannot win a war. You have to mean it. But, my whole skill set changed dramatically one year ago.”

SIMON: “What earthshaking event happened one year ago where you learned some sudden skill?”

JOHNNY: “I was reading a book about the Sioux, the Mayans and some of the other indiginous peoples who were known for their excellent war skills. Every tribe I read about said that you should either wear the skin or horns of the type of animal you want to be more like to enhance your hunting or fighting skills. However, you can also eat part of the animal. So, one day, I ate part of the brain of one of the most talented Vietcong soldiers I ever had the pleasure and honor of killing. I would have eaten more, except I’m watching my cholesterol.”

HARRY: “I’m a little worried. We are a little short of food for a twenty day journey. What are we going to do?”

JOHNNY: “We’re going to have kung pao tonight. If our booby trap yields us any results, we’ll have more meat than we can handle. Plus, I can hang the body in the trail to scare the other Vietcong. I call it — psychological warfare.”

SIMON: “I call it being psycho. But, I’ve heard that stuff really works. They have recurring nightmares because of that type of stuff.”

JOHNNY: “If you can mess up their minds enough for several weeks before battle, you gain an edge in the battle men. Now it’s time for sleep. Don’t step on any pungi sticks — they’ll cut right through you.”

HARRY: “How will I know where they are?”

JOHNNY: “They are hidden under banana leaves beneath the surface. Just step slowly and see if the ground holds you — or better yet — don’t move!”

(the next day)

HARRY: “I guess no kung pao for us.”

JOHNNY: “We’ll just have to pray for some tomorrow. We need something to give to the prisoners to rejuvinate them. They only get half a bowl of rice per day. And we have to notarize a POA for the POW to have his motorcycle released so his wife can sell it — and also let the wife know that Sam is still alive.

(a week later)

JOHNNY: “Don’t move… I hear rustling. There might be an explosion. Don’t budge a nanometer.” (boom — crash, crash, bullet sounds, firecrackers, boom, pow, silence…”Gentlemen, it looks like we will be having kung pao — finally. Let’s see if he is already cooked or if we have to cook him.”

HARRY: “Don’t you feel sorry for the families of the Vietcong you have killed?”

JOHNNY: “I know, what about their husbands and kids. Oh, and some of them are male soldiers too who might have wives. I almost forgot. The way I look at it is that my tactics might be brutal, but my way of fighting removes the necessity for bombing sprees in areas that have civilians making my way of fighting highly moral. No little children get burned my way — only bad guys, and a few low flying birds, and a monkey once (delicious) and a few squirrels.

HARRY: “A point well made. Speaking of points, where did you bury the pungi sticks?”

JOHNNY: “They are near the trail… tread lightly. Now let’s cook this guy. Would you prefer a leg or a wing? And let’s leave some leftovers in a bowl to freak out other VC guys who come wandering around here later. We’ll put the bowl under the hanging body. It’s sort of a — you mess with us, this is what happens to you type of a not so subtle message.”

(another week later)

SIMON: “I think this meat we have is holding up. The salt really preserves it. We need to strengthen the guys out if we are to walk twenty days with them.”

JOHNNY: “There is no time for that unless you want to camp out and feed them every night, sneaking in and risking our lives. It is easier to just kill all the guards and make a clean break. We’ll be at The Trang in one hour. I’ve walked this trail many times before and obviously lived to tell about it.”

HARRY: “The question is, do we subdue the guards with poisoned darts, spiders, snakes, hand to hand combat, or just shoot them?”

JOHNNY: “I like the way you think. Or maybe the guards will need something notarized too. If we throw a tarantula at the guards, they will be focused on the spider, and not us, so we can do our thing without too much opposition. Or maybe the spider will finish them off.”

HARRY: “How do you know which spiders are poisonous? Did you read up on spiders at the base or take a nature walk while your commander taught you about each one?”

JOHNNY: “If only I had a commander like that. Only the VC’s teach them men real fighting skills like that. If only we lived in a perfect world we would learn that. Once again, I had to learn on my own. Okay, we’re here. Let’s round up the spiders and put them in this case. Good. Okay. You guys wait here. I might not come out alive. This is a profession with a high attrition rate due mainly to decapitation, incareration in POW camps, loss of limbs, and sometimes spider bites — knock on wood. If I don’t come back — drink this.”

HARRY: “And what is this?”

JOHNNY: “Spider venom. It will kill you fast. No pain. You’ll never survive around here without me.”

SIMON: “Ummm.. Thanks… I guess.”

JOHNNY: “That’s the biggest favor anyone ever did for you. Otherwise you would die slowly in a prison camp. The only reason I lived was because of my impenetrable will to live — and also my will to kill more enemy soldiers with my hands — so theraputic! Men… I’m going in.

Johnny hid in a tree. A guard came close. Johnny dropped from the tree, slit the VC guys throat and never saw it coming and never felt a thing. Johnny threw a throwing star at another guard’s throat. Then he went in and threw spiders at everyone, took cover, and shot all the guards one by one. The whole operation took only six minutes. Going out, he had to disable a few wires that would have spelled death for his escape. Then he went in and got what was left of Sam the POW. He was so skinny.

JOHNNY: “We are leaving The Trang now. Let’s get you to where our guys are camped out and then we’ll notarize you.”

SAM: “The what? this place is not called The Trang. How did you know I needed a Notary?”

JOHNNY: “Well we call it The Trang. It’s Harry’s idea. We heard from some other guy who was released and was on TV back at the base in South Caroline. He announced you were still alive and needed a Notary. So, I brought Harry.

SAM: “Oh, thanks, but I already got my paper notarized by someone yesterday who I found on 123notary.com.”

JOHNNY: “You mean I travelled twenty days on foot, killed six people in cold blood — which I enjoyed immensely, and risked getting blown to shreds in a booby trap or too, and you have already been Notarized?”

SAM: “I’m just puling your leg. There is no 123notary.com in Danang. At least not yet.”

JOHNNY: “So, you look a little skinny. Have some kung pao Thuy. I know it’s Thuy because I checked the ID and took a fingerprint.”

HARRY: “You took a fingerprint. Well where is the finger right now?”

JOHNNY: “You probably don’t want to know. The left finger is still in the jungle probably. The right finger. Well, let’s not point fingers…”

SIMON: “We’re cannibals! Mmm. This is really good! These prints look so artistic. Have you heard of the artist formerly known as prints?”

JOHNNY: I don’t think that guy will come into being until the 90’s with that name. At least that’s what I picked up in a meditation while I was meditating on the consciousness of a wild puma. I’d love to have a puma paw right about now. And some Baskin Robbins.

HARRY: “Now you’re talking. By the way, before we forget. Sam… Please sign here.”

SAM: “I’m so weak I can only sign with an X. Do you have two subscribing witnesses?”

HARRY: “Two what? No just kidding. I read Jeremy’s course so I know exactly what you mean. They have to sign the journal which by the way has mold on it from the trip. But, I kept it in a waterproof binder. Oh, you were just kidding. You can sign just fine. Sign my journal too please… Great. I will affix my stamp here. Done. You are notarized. You can die of exhaustion now and your wife will get to sell your bike.

SAM: “Just what I wanted. But, after this kung pao, I feel a sense of envigoration. Let’s walk 400 miles.”

SIMON: “Just for the record, we calculate distance in kilometers. We are in Vietnam now.”

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January 20, 2011

Safe notarizing is like safe sex. Don’t have unprotected notarizations!

Filed under: Best Practices — admin @ 1:04 am

Can you imagine that Florida’s FAQ page forbids Notaries from requiring a journal thumbprint? The thumbprint is the one piece of evidence that can nail an identity thief and is the most compelling evidence to prove that the Notary is not in cahutz with the ring of identity thieves as well. You are protecting yourself as well as society. So, why would Florida want you to endanger everybody?

India does not require people to have seatbelts, but if you don’t use a seatbelt in India, you might end up going through a windshield onto the other side of the highway and end up with a skull fracture. The fact that India doesn’t require seatbelts doesn’t make it any more safe to go without using one.

A thumbprint is to notarizing what an airbag & seatbelt is to safe driving.
Proper identification practices like making sure the name on the document is provable based on the name on the identification document is just like wearing a seatbelt. For the most part, you don’t get into accidents. You will probably not be in a serious accident in your entire life. But, it is possible that you or a family member will be in a bad accident, and if you aren’t wearing your seat belt at that exact instant when the accident happens, you could end up dead. Not taking a journal thumbprint is like not having an airbag. If you notarize 10,000 people without incident and then customer 10,001 happens to be an identity thief, it is the thumbprint that will help the authorities catch him. If you don’t keep a thumbprint, you could end up named as a suspect in a law suit, be a witness in a long law suit and you don’t get paid for sitting in court, etc.

Heterosexual AIDS is rare in the USA, but exists.
When you have intercourse, if you sleep around, some people have diseases. You cannot know who is having an outbreak or who has a disease. People who are smart, either abstain from sleeping with people who they don’t have a serious relationship with, or use protection. It is rare in America that you would have the misfortune of having intercourse with someone hetersexual who is not an introvenous drug user who has AIDS, but it could happen in the heterosexual community. You might sleep with 10,000 heterosexuals and feel safe because nothing bad happened so far. But, with person 10,001, that person might have AIDS and give it to you. This is why you should keep a thumbprint, otherwise you might get the notarial equivalent of AIDS which is being a witness or suspect in a lengthy and expensive law suit regarding identity theft.

15% of full-time Notaries will end up in court
Identity theft is rampant, but as a full-time Notary, you only have a roughly 15% of ever appearing before a judge or being part of any serious investigation — and that is during your career and not during any particular career. Although I have met a few Notaries who have appeared before judges twice or been investigated three times. Maybe that is their karma.

Don’t have unprotected notarizations.
What you have to understand is that when you notarize someone, you are not just notarizing them. You are notarizing them, and anyone they’ve been notarized by, and anyone they’ve been notarized by has notarized, and so on and so on. If any of them are an identity thief, you could end up with AITS (the notarial equivalent of AIDS) which is acquired identity theft syndrome. The proper use of thumbprints reduces the risk of AITS to almost zero. So, use a thumbprint and be safe. Don’t have unprotected notarizations!

Safe notarizing! Because certain things weren’t meant to be shared!
.

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January 17, 2011

Two and a half notaries! A Notarization Experience

This is a story about a happy notary in Malibu named Charlie. He lived with his brother Sam and his brother’s son Kevin.

Charlie: So, what do you want to be when you grow up?
Kevin: A Notary of course — ANYTHING BUT!
Charlie: Don’t knock until you try it
Kevin: All you guys do is stamp your dumb stamp on dumb documents.
Charlie: True, but it has its perks. That’s how I met Monica!
Kevin: Good point! Charlie notarizes Monica — Ooooh!

Sam: Hey, wait a second, I was dating Monica. I REFERRED her to you!
Charlie: Correct — you WERE dating Monica. And by the time we finished the Oath verbiage, she had forgotten all about you, so help you God!
Sam: Hey, that’s not fair, I’m never referring another of my friends to you ever again.
Charlie: Relax, it was all over within days. I gave her a 3-day right to rescind our relationship, and then I didn’t call her back.
Sam: That is JUST like you.

Kevin: Hey, what’s the difference between a Notarization, and a Notarization experience?
Charlie: Oh, about $1500

Maid: Keep your ink off the counters. By the way, I’m taking three days off this week. Tell Monica I said hi.
Sam: What? I thought you said it was over?
Charlie: I never said it wasn’t. For me it’s over. For her I don’t know. By the way, who is that person who keeps calling and then keeps hanging up?
Maid: I had the number traced. It seems to be coming from Topanga. Isn’t that where Monica was from?
Charlie: Oh brother.

(ring ring)
Maid: Hey Charlie, it’s for you. It’s a customer. Natalia. She sounds nice, you better take it.
Charlie: Hey Natalia. Are you up for another notarization with Vodka?
Natalia: Am I ever. Bring your notary stamp and your notary bond with you darling.
Charlie: I’ll be right over. Oh, but this time, let’s have the vodka AFTER the signing.
Natalia: Anything you like, just as long as — you — are there!
Charlie: I figure if we can remember to do the signing first, then after we have the vodka it won’t matter what we remember, because we won’t remember!
Natalia: 8 — sharp. don’t be late!

Tweets:
(1) 2 & a half notaries: What’s the difference between a notarization and a notarization experience?
(2) 2 & a half notaries: Find out what happens when Charlie notarizes Natalia and then have vodka afterwards!

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What is a credible witness notary or notarization?

What is a credible witness notary or credible witness notarization? 

There is no such thing as a credible witness notary.  Credible Witnesses are individuals who are willing to swear to the identity of another individual who is signing a document in the presence of a notary public.  The notary who is notarizing a signature may not act as a credible identifying witness.  However, some states allow a notary to identify a signer based on personal knowledge which is similar in nature (but not terminology) to being a Credible Witness.
 
There is also no such thing as a credible witness notarization.  However, you could refer to a notarization as one that uses credible witnesses.  Credible identifying witnesses should not be used unless a proper identification document is not available.  Please also keep in mind that many credible witnesses these days do not know the full name of whomever’s identity they are swearing to.  For the sake of integrity, you might want to ask the proposed credible witness, “What is this man’s full name?”. If they say, “Joe?”, and then shrug their shoulders, then perhaps they don’t know Joe as well as they should to be a credible identifying witness.

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Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

Oath of two credible witnesses
http://blog.123notary.com/?p=2405

Subscribing witnesses and Signature by X
http://blog.123notary.com/?p=2278

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January 16, 2011

The Right to Decline Notarization

The Right to Decline Notarization
Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. (People v. Brooks, 1 Den. 457.)

The above is from the handbook of law provided to New York State notaries. Not much “wiggle room” there. I am writing this wondering if I just committed a crime! Of course we decline to notarize when something is “not right”, as we should. However, the issue before me is a request to officiate at the opening of a safe deposit box.

I have never participated in a safe deposit box opening. From what I understand, the notary is present and verifies the contents. It’s often a time consuming procedure. Generally it is a low paying function. I have heard that sometimes the notary is notarizing the statement as to the contents made by a bank officer. Other banks require the notary to make the statement as to the content and, as a notary, stamp and sign. That second procedure is a self notarization and illegal in New York State, and probably most other jurisdictions.

For the sake of discussion; let’s assume the procedure requested is the former, notarization of the statement by the bank officer. That’s certainly legal. The real issue is can mobile notaries legally refuse assignments? It is my understanding that a notary in a place of public accommodation (eg: at a bank) cannot refuse often saying “you must be a client of the bank”, any legal request. However, the mobile notary does not have a walk in location open to the public. Thus, IMHO the “before whom” does not exist; certainly that propinquity is not achieved “over the phone”.

One approach to avoiding unwanted situations is to price them very high. Sure, I’m available for your safe deposit box opening and my fee, with travel, is $500. But, that is a sham; and is sure to put you on the bank’s “do not call” list; possibly precluding an attractive assignment. I did not “high bid” my recent caller. I simply stated that I choose to not accept such assignments. And, that is the heart of the issue. Was declining a proper thing to do?

I have had people, despite my advertising to being a “Mobile Notary”; ring my bell and wish to enter my residence to have their document notarized. All of these have been declined. One or two were irate, and indicated that they would file formal charges against me. If they did, my licensing authorities probably dismissed their protest. I doubt there is any requirement to allow persons into my home, with the exception of Police, Fire, Building Inspectors, etc.

Unfortunately, the real issue remains, in my mind, a bit murky. Can I refuse a valid mobile notary request? If my schedule conflicts, I consider that a valid reason. But, if I am “available” do I have the right to “pick and choose” what mobile notary assignments I accept? We certainly do that all the time with Edocs from lowball disreputable callers. Many notaries do not like to notarize Power of Attorney documents. Many clients tell me their bank refused because Power of Attorney notarizations are “against bank policy”; presumably to avoid potential litigation.

Do we as individual mobile notaries have the right to refuse service to individuals for whatever reasoning we employ? The law cited above appears to require servicing all legal requests. My “not before us” is probably on weak legal grounds; I am not an attorney. How do you respond to requests that you do not wish to accept; especially those from individuals with proper ID, etc.

.

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The art of the decline to new notary jobs
http://blog.123notary.com/?p=15783

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January 6, 2011

All in the Family – notarization for a drug test

EDITH: Oh Archie, you’re home.

ARCHIE: Yeah Edith I’m home. And I can do without your usual yapping. I just want to sit in my chair, have a beer, and listen to the voices in my head.

EDITH: Is my voice one of them voices?

ARCHIE: If it ever stops yapping I’ll be sure to ask.

EDITH: All right Archie. I’ll get you your beer, and your newspaper.

ARCHIE: Don’t show me the newspaper. It’s just going to be more of those hippies slamming Mr. Richard Milhouse Nixon’s integrity.

EDITH: Integrity? That was in the news? I must have missed that.

ARCHIE: All of those hippy commies and their Mary Jane they keep smoking. I’m telling you Edith. It’s turning this country into a bunch of commie pot-heads. Which is why my boss questioned my unscrutibility by making this WW2 vet take a drug test.

MICHAEL: Arch, you mean inscrutability.

ARCHIE: Inscrutability you!

GLORIA: What’s this about daddy having to take a drug test?

ARCHIE: You heard right little girl. Because your whole generation is flying around high as a kite all the time, my boss is making red blooded Americans like your daddy get neuterized drug tests.

MICHAEL: That’s pretty funny arch. When I think of dope, you are the man!

SALLY: Michael, that’s not nice.

ARCHIE: So, where am I going to find a Noterary Republic?

MICHAEL: Where people find everything instantly these days. The yellow pages.

ARCHIE: Let your fingers do the walking. That’s the only exercise a lazy guy like you gets.

MICHAEL: Oh here’s one that looks good. 123notary. We come to you. Any type of document or loan signing. My psychic said that one day, 123notary would be on this new thing call the world wide web in about twenty-five years.

ARCHIE: Tell your psychic to look into the distant future when you finally find a job.

EDITH: (calling 123notary — ring ring) Hello yes, is this 123notary?

123NOTARY: 123notary, where the peace sign comes to you!

EDITH: Archie, do you want the peace sign to come to us?

ARCHIE: What are you talking about — give me that phone. (talking to 123notary) Is this your 1234notary?

123notary: 123

ARCHIE: Whatever. Am I talking to the Noterary?

123NOTARY: One of them.

ARCHIE: I need a notary to come to 704 Hauser Street. How much do you charge?

123NOTARY: That will be 20 cents per signature plus $4 travel fee.

ARCHIE: $4 travel fee? Rake me over the coals why don’t you. I have a drug test I need notarized.

123NOTARY: Do you have the actual paperwork?

ARCHIE: No, but I’ll get it on Monday.

123NOTARY: We can’t notarize the actual test results, but we can notarize a statement from you regarding the authenticity of the test.

ARCHIE: Yeah, authenticity, whatever.

(Archie goes to the drug test)

NURSE: We just need a blood and urine sample. Could you urinate into this container? Just do your business!

ARCHIE: Aw, couldn’t you be more discreet?

NURSE: Okay. Go tinkle. Is that better?

(2 minutes later)

NURSE: Great. This is a good sample. We’ll let you know your results tomorrow. Just come in anytime after 9am.

(the next day)

ARCHIE: Hi, I need to pick up the drug test results.

NURSE: You realize these results are strictly confidential.

ARCHIE: Tell the whole world, I don’t care. I never touched drugs in my life.

NURSE: (quietly) Your test results show that you have trace amounts of marijuana in your system, but you passed.

ARCHIE: Shh. shh… shhh… Did you grab the wrong cup? How is that even possible?

NURSE: It’s very common to accidentally inhale second hand smoke and it could happen anywhere… at work, at home, or even walking down the street.

ARCHIE: I’ve never been around Mary Jane in my life.

NURSE: Don’t be so soon Mr. Bunker. Drug tests don’t lie!

(an hour later)

123NOTARY: So, you want to sign a statement saying that you never used drugs. And that you don’t know where you accidentally inhaled Marijuana.

ARCHIE: Sure, sure, whatever I need to do to expungulate the record.

123NOTARY: Sign here, and then raise your right hand and repeat after me.

(later that night, Archie confronts Michael and insists that he must have inhaled Michael’s second hand smoke, and then demanded that Michael get a drug test to prove it)

.

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November 29, 2010

12 Points On e-Notarizations

e-notarizations information

Each state has different standards for e-notarizations. Please remember that e-documents and e-signings are completely different from e-notarizations. Here are some points about e-notarizations that are interesting.

(1) To do e-notarizations you need a special authorization from your state, and not all states allow this. The rules are completely different for e-notarizations and the types of documents you can notarize are limited as well.

(2) LindaH in our forum stated on 1-05-10 that the NNA is no longer supporting the ENS program (Electronic Notary Signature). There were technical challenges offering that particular technological product. There are no unified standards for e-notarizations which was part of the problem.

(3) ENJOA is an electronic journal. e-Notarizations require the use of an electronic journal and can not be completed with a regular journal. e-signings use a regular journal by the way.

(4) BobbiCT claims that in Connecticut that multiple documents can serve as “originals”. He states that physical documents can be scanned and used as electronic documents that receive an e-notarization.

(5) Many states do not allow a recorded document to have an e-notarization. Recorded documents are often documents effecting real property which is too critical to risk security issues relateing to e-notarizations.

(6) Its common for states to set up e-notarization legislation years before the first e-notarization is completed and years before the first e-notary is appointed in their state. States are thinking ahead. The problem is there can be many bugs in the new systems that are in place which make e-notarizations potentially less secure than “brick and morter” notarizations.

(7) Biometrics can be used on e-signatures on e-notarizations to record the speed of the various strokes involved in a signature. This is one excellent way to deter fraud. Its easy to forge a signature, but no fraud would be able to figure out what the speed of each stroke of the signature would be for a particular individual. There are too many strokes involved.

(8) An e-journal is required for all e-notarization acts. To get an e-journal, you would need to set up an account with a company who provides an e-journal system. You would probably need a login and password to use your journal, and god forbid if the server went down.

(9) 123notary doesn’t know of any particular notaries who have done an actual e-notarization. It sounds like fun though.

(10) LindaH claims that many borrowers she had talked to would not be thrilled if they were asked to be involved in an e-notarization.

(11) LindaH claims that its the state governments that are not prepared to handle e-signatures.

(12) Perhaps private industry and title companies might be ready, but if the county recorders can’t handle e-notarizations, then they can’t be used for recorded documents such as deeds, etc.

You might also like:

e-signings vs. e-notarizations

Reverse Mortgages general information

Stories of notaries that fail and what they did wrong!

The pros and cons of eNotarizations

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