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

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

April 28, 2013

Best Practices: When it is legal to notarize a document twice?

Q. When is it legal to notarize twice?

A. Any time you get two journal entries for the document in question and attach two separate certificates.

How is this?

Many notaries fall into unfortunate circumstances. We live in a day and age when old fashioned common sense is not a part of life any more — at least not in the Title industry. A notary will be given an Acknowledgment form with wording that just isn’t acceptable. Perhaps the venue is for a different county or state. Perhaps there are two names on the Acknowledgment when there is only one signer — and a cross out will just look funny. Maybe something else will be wrong. Use your imagination here — you are notaries!

So, should you cross-out Jim’s name on the Acknowledgment form since only Jane is there and Jim is on a business trip? Or should you attach an additional acknowledgment form and leave the original blank? The issue here is much more than what the law says. The law doesn’t address cross outs to my knowledge although it definately seems that it is not a “best practice” since it looks dubious and possibly fraudulent.

Do you really want your notarized documents to look tampered with? That is what notarizing a document with a cross-out looks like. Sure you do it all the time, but what if fraud really is involved and you get called into court just because you think it is fine and dandy to simply, “cross out and initial — I do it all the time”. Well, stop doing it all the time on notarized documents. It is a “worst practice”, not a best practice. Best practices include starting fresh with a clean acknowledgment and filling out properly with not only the state required wording, but also a document name, document date, document description, number of pages, etc. If you are smart, you will emboss every page on every document that you notarize whether the clients like it or not — for your protection. It makes page swapping after the fact very noticeable and detectable.

So, I recommend the fresh acknowledgment approach since it is clean and a best practice. But, on the other hand, what about notarizing the document twice and giving the lender a choice of the messy cross-out version, or the clean attached version. Some lenders HATE attachments (even though it is legal and kosher). Many lenders do not mind cross-outs even though it is abominable to anyone with standards. So, if you give them a choice, at least they will have less cause to be unhappy. They will know that you went above and beyond for them.

However, you will be committing fraud if you send a loose acknowledgment in the mail to the lender who doesn’t like your first attempt. Sure you already notarized it, but now there are two certificates floating around and not attached. The “best practice” here is to tell the lender you need the original back, you shred the certificate, add another certificate, and then send it back. Lenders don’t typically like best practices because it takes longer. Fraud is easier! But, don’t even think about it.

I will end this entry with a quote from a Yiddish folk story

Crime doesn’t pay, but oy, such good hours!

I will end this entry a second time, but this time with a line from a Mexican folk song about notarizations

Dos Acknowledmentos Un Documento?
Ay que paso en esta mundo?
Que voy aser con esta notario?
Llama el telefono a el Loan Officer por favor!

You might also like:

Must a thumbprint accompany a notarized document?
http://blog.123notary.com/?p=2289

Do you take control at a signing?
http://blog.123notary.com/?p=21104

Following directions is more important than you think
http://blog.123notary.com/?p=19608

What defines what a signature is?
http://blog.123notary.com/?p=22173

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

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

Notary Public 101 basic notary acts explained
http://blog.123notary.com/?p=19500

Share
>

April 19, 2015

Point (25-27) Jails; Venues; Fraud; Marcy Notarizes a Felon!

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:27 am

Marcy was being very careful now. She had heard horror stories about Notaries getting sued, and landing in huge trouble. Of course in real life, very few notaries get in trouble. But, they could, and Marcy didn’t want anything in her life to go wrong. She got a call from a guy name Sam. Sam seemed very normal at first. Marcy drove out to the job. She recorded Sam’s ID in her journal. Then, she asked Sam for a thumbprint. Sam seemed reluctant. That was a warning sign if Marcy had ever seen one. Sam said, “You don’t need a thumbprint.” Marcy said, “It is safer for me if I have one.” Marcy didn’t know that Sam’s ID was forged. It looked legitimate. But, she had no way to detect the difference as it was forged by someone very professional. Finally, the guy got desperate as he really needed to get notarized. He gave her the thumbprint. A month later, Marcy got a call from a fraud investigator. Apparently Sam was in a lot of trouble. The Feds were catching up with him. Sam was doing fake transactions in false names for huge dollar amounts and cheating people. Marcy asked if they would like a copy of the journal entry that had a thumbprint. The Feds were very happy that she had taken that thumbprint. Without that one piece of evidence they would be virtually unarmed against this felon! A few weeks later Marcy got a call from the Feds. They caught Sam, whose real name was Charles. They were going to put him away for a long time, and they wouldn’t have been able to convict him without Marcy’s help!

Then, a week later, a Lender had a job for Marcy. It would pay extra. The Lender asked Marcy to save a few extra spaces in her journal. Marcy asked why. The Lender said, “Just do it.” Marcy had never been a fan of corrupt Lenders or Nike commercials. So, she just didn’t do it as she knew that was illegal, although she didn’t know what the Lender had in mind. At the signing, the Lender asked Marcy to put yesterday’s date on the transaction. Marcy declined. Then, the Lender asked if she wanted to get paid. Marcy replied that whatever he was paying wouldn’t do her much good if she was at “county.” And that whatever he was paying her (or not paying her) wouldn’t be a huge loss to him if he were locked up at “county”. A day after the signing, the Lender wanted another favor from Marcy. He wanted her to send a loose Jurat with her stamp on it because the certificate section on the Deed had gotten torn by one of their secretaries. Marcy told him that she would send him a certificate, but not a loose one. She said, “Just send the Deed back to me, and I’ll shred the old certificate and add the new one — that way it is legal.” The Lender didn’t like that and said, “Just send it.” Marcy was fed up by now. She told the Lender she was reporting him to the Secretary of State and for him to never contact her again. Just some advice for Notaries: If you want to stay out of trouble, you should consider declining work from anyone who makes even a suggestion of doing anything illegal!

.

Point (25) Identification & Jail Issues
Notaries who visit jails may be very aware that inmates never have an identification document which is suitable for notarization on their person. As a result, they might have their mother, girlfriend, or Attorney come and meet the Notary at the time of the notarization and bring the ID which is hopefully current. Jail wristbands do not constitute acceptable identification. However, many states allow the use of one or two Credible Witnesses. Please consult your state Notary handbook for specific laws relevant to your state.

Many States Allow Credible Witnesses
In California, Florida, and many other states, you can use two Credible Witnesses who know the signer, but who do not know the notary to identify the signer. If you visit jails, you might have to use this method of identification to legally notarize someone who doesn’t have an ID. Make sure these witnesses produce their own ID and sign your journal.

Personal Appearance
Many people do not understand the important concept of personal appearance. To be legally notarized, the signer must personally appear before the Notary. That means they need to be in the same room a few feet away, or on the other side of a glass in a jail. Once I was asked to notarize someone 50 feet away barely visible from a jail window. I couldn’t clearly see the person and I declined to notarize as that person was not personally appearing before me.

.

Point (26) Wrong Venue
What if the wrong venue is inscribed within the Notary certificate? What do you do? There are several things you can legally do. You can take a loose certificate, staple it to the document, inscribe the correct venue, and then complete the rest of the form. Or, you can cross-out the incorrect county, initial, and write in the correct county name on the original certificate. The third solution is to notarize the document twice: once with the existing certificate and then a second time with new certificate (two journal entrees necessary in this case) in hopes that one of the two will be accepted by the document custodian. It’s complicated. But, what the law says is acceptable and what the document custodian will accept are often based on two entirely different standards.

.

Point (27) Deterring Fraud
Notary Fraud is a serious issue. Fortunately, it doesn’t happen very often. But, it did happen to me. Luckily, due to my prudent practices, I was able to use three pieces of evidence to prove that a particular notarization was indeed done fraudulently. After investigation, we learned that the fraudulent notarization happened to have been done by a crooked Title Officer’s secretary!

.

What Constitutes Notary fraud?
There are many types of Notary fraud. Here are a few.

(1) If a signer falsifies an identification document, that would be fraudulent.

(2) If a Notary puts an incorrect date on a notarization on purpose, that would be fraudulent.

(3) If someone uses a Notary’s seal who is not the rightful owner of that seal, that is fraud.

(4) If a signer signs someone else’s name and has that signature notarized, that would be fraud.

(5) If a Notary or anyone else purposely attaches a Notary certificate to a document it is not associated with, that is fraud.

(6) Swapping pages on a document after it has been notarized is fraudulent.

(7) Using an expired Notary Seal is fraud.

.

Here are Some Ways to Deter Fraud:

(1) Use an embosser as a secondary seal for all pages of all documents notarized.

(2) Avoid leaving any blanks in notarized documents as those could be filled in after the fact.

(3) Staple Notary certificates to the documents they are associated with.

(4) Take thumbprints in your journal for all notarizations just in case the signer’s ID is forged.

(5) Be thorough when you fill out the additional information sections in an Acknowledgment certificate.

(6) Be sure to indicate how many pages are in the document.

(7) Be sure to indicate the name of the signer, and their capacity if applicable.

(8) Be sure to indicate the document date to better identify it.

(9) Be sure to indicate the name of the document.

.

Additional Optional Information for Acknowledgments?
Acknowledgment certificates have room for the document name, document date, and number of pages among other information. This information helps to identify which document it is associated with. Since Title likes to dismantle stapled documents which is a very questionable practice, you need to make sure they know which Acknowledgment goes with which document.

.

There are Three Reasons why this Additional Optional Information Should be Required.

(a) If the certificate is accidentally removed from the document, it will be clear which document it is associated with. That would help someone who made an honest mistake.

(b) If a fraudulent person wants to re-attach the certificate to another document, he would be deterred by the fact that there will be evidence to show that he fraudulently attached the certificate to the wrong document.

(c) If a fraudulent person re-attaches the certificate to another document, they can easily be caught after the fact if investigated.

.

These reasons are all related, yet all different. You assist the honest re-attaching, you deter fraud, and you catch bad guys when you investigate. Got it?

.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (28-30) Beneficial Interest, Negligence, E&O
http://blog.123notary.com/?p=14532

Seal Forgery, it happened to me
http://blog.123notary.com/?p=724

Fraud & forgery in the Notary profession
http://blog.123notary.com/?p=2294

What is a venue in a notary certificate?
http://blog.123notary.com/?p=8454

.

Share
>

November 24, 2014

Is $75 enough to print 2 sets of docs, notarize & do faxbacks?

In this tough economy, many notaries have simply dropped out. The remaining notaries, as tough or as proud as they portrayed themselves to be have simply had to compromise their standards for what they charge. Many signing agents with ten or more years of experience told Carmen (in confidence) that they were forced to accept $60 signings just to stay afloat. So, we won’t mention any names, but you know who you are. Desperate times call for desperate measures.

Americans complain about what Indians would regard as a luxury!
Notaries complain endlessly about how unfair it is that they only get $75 for so much work with such high expenses. My take on the situation is quite different because I travel. A policeman in India makes $50 per month (not including bribes.) Can you imagine living on $50 per month? How would you rent a place to live? You would be living on top of each other twenty to a room and eating dahl and rice in small quantities once or twice per day if you were lucky. Can you imagine this type of poverty that hard working Indians endure as a matter of standard procedure? And what about the folks in the countryside who work for 20 rupees per day which is about 40 cents. That is about $12 per month. When you get these $75 assignments, just say to yourself, “I made four months of a Bihari farmworker’s salary in two hours! Yippee!”

If you are doing worse than last year, do you get upset?
It is a human tendency to be sad when you are not getting what you want, or what you used to easily get. But, this human tendency needs to be changed. We live in a changing world where what was impossible yesterday might be easy tomorrow, and vice versa. You need to just do the best you can do and not base your life today on whether it is better or worse than last year. Notaries base their fees on 123notary on what they paid last year. If I charge $150 this year, but only $120 last year, they are upset that they are paying more this year than last year. What really matters is not what happened last year, but if your investment is getting you a sufficient return.

Let’s do the math
If you get $75 for a loan signing, how much work and expense is really involved. You might spend 20 minutes on the phone on average including follow up calls, scheduling and making sure the documents arrive through whatever medium is used. You might need to drive thirty to forty-five minutes both ways to the signing. You might go through 350 pages of paper, and some toner or ink printing the documents which is not for free unless you have a gift certificate to office-max.

Your real expenses might be $4 of car expenses including gas, oil changes, and other wear and tear.
If you can purchase paper for a bulk price you might use up $3 in paper, and $2 in ink or toner (just guessing)
You might use up two hours of your time including everything: 1 hour driving; 30 minutes signing; 20 minutes on the phone; 10 minutes doing fax backs. (best case scenario)
After expenses, you get $66 profit and you can deduct your miles at the Federal mileage rate as well!
If you spent two hours total, you got $33 per hour.

On the other hand, if you spent an hour each direction, had to wait four hours for documents, and the signers read every letter of every page and asked a million questions, plus spent an hour on the phone with Fred the lender, then you might have invested seven hours which would leave you with $9 per hour which is still above minimum wage in most states.

$20/hour is not bad for someone who can just walk in off the street.
I would say in all honesty, that the average signing agent probably makes about $20 per hour for their assignments. More seasoned signing agents who command higher rates like $125 or more per signing might make $45 per hour on average. Being a relatively inexperienced signing agent is not a high skilled job like being a nuclear physicist. You do not merit $50 or more per hour unless you are the best 1% of notaries in the business or are an Attorney. All you need to be a notary signing agent is to be a resident of a state (not even a citizen in many states,) fill out an application (most states don’t even have a notary exam,) get bonded, and take a quick class in loan signing; $20 per hour is not bad for someone who can just walk in off the street and start doing loan signings. For a notary with three years of experience, they should be making more like $25-$30 per hour. That is what I made when I was doing signings with that level of experience!

You might also like:

Pricing strategies for mobile notary work
http://blog.123notary.com/?p=697

Pricing formulas and time spent
http://blog.123notary.com/?p=588

Sample prices for various types of loan signings
http://blog.123notary.com/?p=84

Share
>

April 15, 2013

Who can notarize a Will?

Filed under: (4) Documents — Tags: , , , — admin @ 12:23 am

Who can notarize a Will?

Any notary can notarize a Will. However, many Attorneys advise against notarizing a Will unless you have written instructions from an Attorney.

We actually heard of a case, where a notary was pulled into court after notarizing a Will. The daughter of the signer was upset, because she was not given enough money in the Will, and decided to sue the notary. The notary was in a state that didn’t require journals, so she didn’t have much evidence to support the fact that the Will was legally notarized.

Be careful and think twice before notarizing a Will. There are consequences to many people when a Will is signed. It is a very critical document — perhaps even more critical in many cases than a Power of Attorney or even a Grant Deed.

You might also like:

Notarizing documents for the elderly
http://blog.123notary.com/?p=3334

Power of Attorney Signings
http://blog.123notary.com/?p=1627

FAQ for people who need to hire a notary
http://blog.123notary.com/?p=2061

Share
>

February 9, 2013

2013 Phoninar Quick Course

Filed under: Best Practices,Loan Signing 101,Posts With Many Comments — admin @ 11:26 pm

Here is the study guide for the phoninar!

The purpose of the phoninar is to help notaries learn some of the basics of signing without taking an actual course. Many notaries do not want to take a course, or they already took a course without mastering the material. My solution is to have a free quickie course to start them out with. If they can pass our over the phone test, we will keep them on the site. However, if they fail miserably, then we will most likely remove them from the site if they have a free listing.

Topic #1
The Right to Cancel
Most notaries have a rescission calendar that they refer to when calculating the last day to rescind. Few notaries know when all of the Federal holidays are. Many notaries also can not think clearly about how to calculate the last day to rescind mainly because they have never practiced calculating this date. If you want to come across as a professional, learn to give quick and accurate answers to simple everyday signing questions.

In a residential refinance, the borrower has (3) days to rescind not including Sundays and Federal Holidays. Be careful, Presidents day and Washington’s birthday are synonymous. Also, Flag day is not a Federal Holiday, but banks might be closed. Some lenders do not count SATURDAY as one of the (3) days to rescind, but formally, Saturday is considered a business day in terms of calculating rescission. Other lenders allow the Friday after Thanksgiving to be considered a holiday when legally it is not. Basically, each lender is different, but you have to know the basic laws effecting rescission instead of relying on what the handful of lenders you work with say.

Here is a list of Federal Holidays — memorize these for the test
(1) New Years Day, (2) Martin Luther King Day, (3) Washington’s Birthday, (4) Memorial Day, (5) Independence Day, (6) Labor Day, (7) Columbus Day, (8) Veteran’s Day, (9) Thanksgiving, (10) Christmas

Quick Facts
(a) There are two blanks for dates in the RTC which are generally filled in by the lender. Once in a while the notary needs to fill in these dates or correct them. The technical terms for these dates are the Transaction Date and the Rescission Date. Please memorize these terms for the test.
(b) The date of the signing is NOT included in the (3) days to cancel. If a loan is signed on Monday then Tuesday is day 1, Wednesday is day 2, and Thursday would be the 3rd or last day to cancel.
(c) Loans must be cancelled in writing by the deadline in writing by fax or mail, but not by email.

Pop Quiz
(1) Name all Federal holidays that come in January
(2) If a refinance is signed on the Wednesday before Thanksgiving, when is the last day to rescind?
(3) If a refinance is signed on a Friday, when is the last day to rescind?

===================

Topic #2
The APR
Most notaries know a little something about the APR, but this topic is actually very critical for your success as a signing agent. Every borrower wants to know why their APR is higher than their Rate. How good is your explanation. Here is what we want you to know for the phone test. Sure, there is more to know than what we are telling you, so learn the basics from us, and learn more on your own.

Definition:The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

Quick Facts
(1) The APR is documented on the Truth in Lending Disclosure
(2) The APR is usually but not always higher than the Rate
(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.
(4) If you mention that the APR is often used to compare loans, you get points on the phone test
(5) If you mention that the APR might be compounded, you get points.
(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.
(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.
(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

You might like:
Definitions of the APR
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5844

Pop Quiz
(1) Which document contains the APR?
(2) What are some fees that might be incorporated into the APR
(3) Please create and rehearse your definition of the APR so that you will sound professional before your borrowers

===================

The Rate
The Rate or Interest Rate is more of a topic of confusion with the notaries than the APR although it is much simpler to understand and actually easier to find. Traditionally, the Rate is always documented in the Note. The note by definition discusses the Interest Rate, monthly payments, and prepayment penalties (if any). Once in a while there will be a Rider associated with the Note that might discuss these issues as well.

Inexperienced notaries typically claim that the best place to look for the Rate is on the Truth in Lending. Half of them say this because they are so uneducated that they can not distinguish between the APR and the Rate. The other half choose the Truth in Lending Disclosure because the Rate is actually documented there in many cases. But, let me ask you — if you are in front of the borrower and want to make a good impression — would you look for the Rate in a document where it sometimes is, or in a document like the Note where by definition it ALWAYS is? I vote for always because you will look like a fool if you go fumbling through the documents trying to find the right information in the wrong place.

Quick Facts:
(1) The Rate is always located in the Note
(2) In loans over the last few years the Rate is also generally documented in the HUD-1 Settlement Statement which comes later in the documents than the note unless it was sent separately.
(3) Some lenders include the Rate in the Truth in Lending, although this should NOT be the place you look for it first since it is not always there.

Pop Quiz
If you want to show the borrower the rate, which three documents would be where you would look, and in which order would you source those three documents?

=======================

Dealing with errors in signings

Errors on Notary Certificates
From time to time in a signing, there will be an error in the notary certificates. Please keep in mind that handling an error in a certificate might be handled very differently from an error in the actual documents, or in the body of the actual documents, so please make the distinction.

If there is an error in the notary certificate — such as an acknowledgment or jurat certificate to name examples, there are various ways to rectify the situations. The problem is that each method has an upside and a downside.

(1) Cross-out and initial
This is a messy way to solve a problem on a legally significant document such as an acknowledgment. If a person’s name is spelled incorrectly, crossing out an initialing could get the document rejected by a county recorder. One notary had to cross-out wording on an out of state certificate that claimed that she personally knew the signer when in fact she did not know the signer. She crossed that out, and the document custodian was very upset. I told her to consider adding a loose certificate.

REMEMBER, it is the notary who initials changes on notary certificates and NOT the signers.

(2) Add a loose certificate and start all over
Legally, you can always add a loose certificate. However, the person or entity to whom you are submitting the documents to might not like it. Please distinguish between what makes your work legally acceptable and popular as the standards often do not match. The loose certificate has the advantage of having whatever name and wording you want it to have so you don’t need to cross anything out.

(3) Notarize the document twice?
Not illegal. You can do two journal entries and notarize twice. Notarize the original acknowledgment embedded in the last page of the document with the cross outs, and add a fresh certificate as well assuming you have a 2nd journal entry to match that one. Document this well in your journal for your protection.

(4) Redraw?
Redrawing documents is time consuming and expensive. It involves making new appointments and risking not getting paid. But, for an out of state that needs to be worded in a particular way, you can have them word it however they want it to be worded, so that no cross outs or illegal claims or acts are necessary.

==========================

Errors in the right to cancel
Notaries typically do not know how to fill in the dates of the right to cancel. From time to time a signing will be postponed a day, and you need to change the two dates in the right to cancel which are the transaction date (the date you sign), and the rescission date (the last day you can legally cancel). Please try to appear educated and don’t say the signing date, or the cancel date as these wordings are not educated sounding and are also not clear.

To fix the dates on the right to cancel you can:
(1) Cross out, right the correct dates and have both borrowers initial
(2) Pull a fresh copy from the borrowers copies and start all over. The borrower’s copies might or might not have the dates printed in the blanks. If you made a mistake correcting dates, then sourcing the borrower’s copies definately makes sense.

==========================

Fees on the HUD-1 Settlement Statement
If someone wants to know where their fees and closing costs are, please direct them to the HUD-1 Settlement Statement. But, which fees are on the HUD. There is a huge conglomeration of information on the HUD. Too much to teach. But, to impress us, you should be able to rattle off a handful of fees on the HUD without batting an eyelash. Here are a few fees typically on the HUD.

Services: Abstract of Title Search & Title Charges, Appraisal Fee, Attorney fees, Document preparation, Notary Fees
Transaction Costs: Assumption fees, Broker fees, Credit reporting fee, Escrow account deposits, Escrow Fees, Loan Origination fees, Points or commissions, Settlement or closing fees
Inspection Fees: Lead based paint inspection fee, Termite inspection Fee, Other Inspection fees
Insurance: Flood insurance Fee, Hazard insurance, Mortgage insurance application fee, Title insurance
Payments: Interest, Cash payments

================================================

Initialing
There are no legal standards for initialing. However, the purpose of an initial is to have an abbreviated way of writing your name in a document.

Andrew B Clay Sr.
His initials could be ABC, or ABC Sr. Which is better?

Some lenders don’t want a Jr., or Sr., on an initial.
However, if it is part of the signers name on Title, then it is part of their name.
The initials for Junior would be Jr. Therefor in my opinion, it should be part of the initial representing the forth word in the name.

What about Andrew Hooper III
I would have him initial AH III

There is no way to shorten the III part. But we don’t want to confuse him with his father and grandfather who might have been on title, so we will include the III unless asked by the lender not to. There are pros and cons in the different ways of initialing. Be thorough unless asked not to be by the lender.

=====================

Parties involved in a loan
Many notaries don’t realize how involved the loan process is, and how many parties there are involved. So, if you make a mistake signing a loan, you might be inconveniencing more parties than you think. Here are a few:

Lender
Notary Public
Borrower
Relatives of the Borrower
Signing Company
Settlement Agent
Escrow Agent
Broker
Insurance Companies
Title
Loan Servicing Companies
Loan Holding Companies who purchase the loan from your lender (at great risk)
Attorneys
Inspectors
Appraisers
County Recorders
Oh… I almost forgot — the pets of the borrower
======================================

If your stamp was smudgy
If your stamp (notary seal) isn’t clear on notary certificate forms, recorded documents might be rejected by the county recorder. If there are cross-outs, or anything that the recorder doesn’t like, they might reject the document as well which would mean that the notary would have to notarize the document all over again which is very time consuming and involves scheduling. Each county recorder is different and there are over 5000 different county recorders throughout the United States!

=========================================

Attorney in Fact wording
If Sam Smith is signing in his capacity of Attorney in Fact for Sharon Smedley, how would he sign? There are at least two ways: Here they are.

(1) Sam Smith, as attorney in fact for Sharon Smedley (I like this way best)
(2) Sharon Smedley by Sam Smith, her attorney in fact (ambiguous as to who you are in the signature)

Memorize the wording including the commas if you want to pass our phone test!

=========================================

Fraud & Journals
Not all states require you to keep a journal, but for your protection you need one regardless of what your state says. No state forbids you from having a journal. In your journal you record the date & time of notarization, type of notarization, document name, document date (if any), signers name and address, type of ID used, ADDITIONAL NOTES where you record anything unusual about the signing, or if you used credible witnesses, the signature of the signer, and a THUMBPRINT.

Quick Facts:
(1) If a signer is accused of committing fraud. OR, if a third party is accused of tricking a signer to sign something or of forging a signature, then the thumbprint in your journal could keep protect you.
(2) The thumbprint could stop an investigation in its tracks since you have evidence
(3) A thumbprint could drastically reduce the time involved in an investigation or court case. Imagine being stuck in court for 30 days with no income because you did a risky notarization for an elderly lady in the hospital who was on morphine and couldn’t think straight.
(4) Warning — beware of notarizing the elderly. Make sure they understand what they are signing and can paraphrase what is in the document for their protection and yours. You are not legally required to understand the contents of the document, but they can get into huge trouble, and drag you into the trouble if they are being tricked into signing something — especially a power of attorney or deed.

================================

Spouse not on loan?
This question is very state specific. New York deals with spousal issues differently.

As a general rule, if the spouse is not on the loan documents, they might need to sign any Deeds including the Deed of Trust, (Mortgage), Right to Cancel, Truth in Lending, Correction Agreement, HUD, and perhaps a few others.

==================================

Define beneficial interest
If a party is a beneficiary to a document being signed, they would have beneficial interest. But, who else might have beneficial interest too? If you are a relative of the signer such as a spouse or child, you might benefit from the document being signed. If you are a notary who won’t get paid unless the document is signed, then you have beneficial interest in the document being signed which is illegal. To keep it legal, make sure you get paid regardless of if a document gets signed to keep yourself impartial and above board. A notary’s job is not to notarize, but to say NO when necessary. Stand in front of the mirror and practice saying NO!

=====================================

What is the difference between e-documents, e-signings, and e-notarizations

e-documents are documents that are sent to the notary electronically via the internet. A password and various types of downloading software would be necessary for e-documents as well as a high speed internet connection and a fast printer with good ppm.

e-signings are signings typically signed on a laptop with a wireless card. Some of the documents are still physical, and the journal used is physical.

e-notarizations require a special eNotary commission. Only about (9) states have such a commission. The signer is still required to appear before the notary in all, or almost all cases (varies over time and state by state — AZ at one point had some exceptions to the personal appearance law). ENJOA or an eJournal is used for e-notarizations. Unfortunately, county clerks offices are not always able to fulfill their legal obligation to be the custodian of eJournals after a notary’s commission is over. An interesting twist on some new technology that has many serious issues.

You might also like:

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

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

Beginner Notaries 103
http://blog.123notary.com/?p=21112

Share
>

May 16, 2019

Notary Quiz of the day

Filed under: Humorous Posts — admin @ 11:30 am

Notaries hate being tested, but love reading Notary tests on blog entries for some reason. I’ll have to ask my psychic why that is. Maybe it is because they are not on the spot with this. Here is a fun quiz of the day.

1. Notaries notarize
(a) Documents
(b) People
(c) Signatures
(d) Signatures on Documents
(e) People’s signatures on documents.

2. Initials. If you initial a change on a loan document, where should the initial go?
(a) To the right of the crossed out text
(b) To the left of the crossed out test
(c) Above the crossed out text
(d) Anywhere around the crossed out text
(e) Below the crossed out text to the right.

The processor I used to work for did not want me to cross out the text, but initial below the text and below the right end of the text. The processing dept. would do the rest according to good old Emily. I wonder how she is.

3. What is the difference between a conflict of interest, interest, financial interest, and beneficial interest? This reminds me of the joke about the Mortgage Broker who left the industry in 2008 because he lost interest.

4. A Notary was asked to notarize a document with no signature line. What should the notary do?
(a) Ask the borrower to write in a signature line.
(b) Tell the borrower that he cannot notarize the document without a signature and signature line.
(c) Write in the signature line himself.
(d) Refuse to notarize the document.
(e) Call Carmen at 123notary and ask for help.

5. A Notary does a job for an old lady at a hospital notarizing a document. The notary asked the lady if she understood the document and she said yes. Two months later all parties were in court because the lady did not understand what she had signed. What should the notary have done?
(a) Ask the lady to paraphrase the document.
(b) Tell the lady how he went to the white house to visit President Johnson and see how she reacts.
(c) Stick to jail signings — they might be criminals, but at least they are in their right mind (whatever that means.)
(d) Start a conversation about current events to do a “reality test.”

6. A Notary was asked to notarize at the peace process. The Palestinians said you can’t have peace without a process. The Israelis said you can’t have peace without security. The Notary said you can’t have a notarization without a signature. After a long discussion, the Palestinians wanted to be acknowledged twice for one signature, Since the Israelis wouldn’t acknowledge the existence of their people, at least a Notary could acknowledge their signature twice to compensate. What is wrong with this picture?

(a) The Palestinians wanted to trade one Israeli signatures they had captive for two hundred Palestinian signatures as a peace initiative.
(b) The signer is the only one who can acknowledge a signature, not a Notary.
(c) An Israeli Notary will not acknowledge a Palestinian signature until they acknowledge the State of Israel’s signature.
(d) Yes, a single signature can be acknowledged multiple times, but it is the signer who does the acknowledging.

You might also like:

Notary aptitude test 2
http://blog.123notary.com/?p=17065

Does 123notary have the authority to quiz people?
http://blog.123notary.com/?p=19469

Notary Public 101 quiz questions
http://blog.123notary.com/?p=19520

Quiz – you know you’re a good notary when you…
http://blog.123notary.com/?p=14912

30 point quiz – Jeopardy
http://blog.123notary.com/?p=14557

Share
>

April 13, 2019

How to deal with dogs, messes, and other signing nightmares

Filed under: Business Tips — admin @ 10:47 am

As a signing agent, you have to deal with more than identification, documents and signers. You have to deal with people’s unstable mental condition, dogs, guns, kidnappers, sexual harassment, anger problems and more. So, how do you deal with all of this?

1. Messes
If you are a Notary confronted with a mess, keep in mind that there are different types of messes. Some are just a nuisance. Others are dangerous because you might trip on something. There could be insects or vermin. What’s worse, a house might have diseases or bacteria in it which could prove deadly. It is not worth risking your health. If a house is too messy for you, meet the signers at Starbucks. Do the signing with a Jurat-accino, but no drinks on the table.

2. Dogs
Dogs can be annoying or dangerous. Yet the owners see the dog jumping all over you and licking you and see you extremely upset and say, “Oh, he’s okay.” If a human touches you that is molestation, but if a dog does it, “Oh, he’s okay.” You need to give them the lecture that just because they love dogs doesn’t mean that you gave permission for their dog to jump on you or come near you. Dogs need to be behind locked doors. I remember going to a signing long time ago. I had them put the dog away. But, the door never latched. Ten minutes later the dog came out of the room and was creating havoc again. Dog owners get really mad at me for not liking their dogs. Rather than being mad at me — keep your dog quarantined! I am a cat in a human body and cats don’t like dogs.

3. Children
If children are running through the house, you can tell the signers that they need to be fully focused on the documents and the children need to be somewhere else having quiet time. It is too distracting having children buzzing around.

4. Naked people
This doesn’t happen that often, but it is possible for you to go to a signing to have a naked person walking around. Perhaps someone got out of the shower, or perhaps someone is an exhibitionist. There are also children who don’t know any better. You could ask them to put on clothing or you could just pack up and leave if it is too disconcerting.

5. Guns
We have a Notary who did a signing for the Klan. The wizard guy asked, “Is that a gun you have in that there bag?” Our Notary said yes, so as to appear normal to the wizard, although she didn’t really have a gun. It’s moments like this you feel glad or relieved to be white (or hwite as the case may be, not sure why the h comes first… must be a Southern thang.) The important thing to understand about this situation was that it is good that the wizard did not say, “What did you say about my daddy?” Then you know you are in trouble.

6. Single Men
If you are a young lady in the house of a single man who shows interest in you, just understand that men cannot get married unless they express interest in ladies. Ladies always complain about men showing interest in them. In the last several years with all of the new technology and social media, men are ignoring women more and more. It is hard to get married now. Women were better off with men interested. But, if you are in a situation where you feel uncomfortable, or you just want to take precautions, here is a list of things to do:

(a) Let your husband know where you are so he can call the police if he doesn’t hear back from you.
(b) Carry pepper spray and brass knuckles
(c) Sit at the table closest to the door in a position where you can see the door as well. You never know who will come through that door.
(d) Don’t go to a part of the house where you could become cornered.
(e) Don’t respond to the interest shown in you if any.
(f) Learn self defense at one of those schools where you learn to elbow people and stomp on their toes.

7. Kidnappers
I did a signing for a kidnapper. Or at least the people with him suggested they had been kidnapped. I don’t remember the details. This was in Monterey Park, CA. I think they were his family and didn’t want to go with him, but they had no money and no place to stay. So, what could they do? I don’t know what their real situation was. If you are notarizing people who are under duress, you might end up in court, so be careful.

8. Russian Spies
Don’t worry. We need them around to make sure Trump wins a second term. And if you ask them who they are, they always reply, “My name is Nicholai, I am Russian, I love taking walks and I play the violin.” If they ask you if you are the Notary, tell them, “I am, or at least… that is what people want me to think I am.”

9. People who resist being thumbprinted
Whether it is legal or not in your state to refuse to notarize someone who refuses to be thumb printed — it should not only be legal, but should be require to thumbprint your victims. In any case, that is a red flag if someone doesn’t want to be thumb printed. It means they might be shady or up to something. But, there is nothing you can do if the law in your state doesn’t protect you.

10. Hurricanes
If you are going to a signing in bad weather, consider that you might get stuck there. Do you want to spend eight hours with complete strangers and their signatures? On the other hand, if you get a signing and it starts raining ice, you need to think twice about whether or not you will get there at all. You might get fired if you cancel a job, but you might be saving your life as well.

You might also like:

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

Organizing the table for efficiency
http://blog.123notary.com/?p=22245

Share
>

March 9, 2019

Why You Shouldn’t Use an Online Notary

Here we cover six important reasons for NOT using an online notary public.

We’re living in an era driven by technological advancements. Today, people are willing to use YouTube as a babysitter and tablets as their kids’ companions. Be it engaging games, interactive tools for education or workflow productivity, technology always lends a helping hand but this gives rise to a few questions: Does technology really help us? Does technology need to disrupt everything? How deep into our personal affairs should we let technology creep?

Here we cover six important reasons for NOT using an online notary public:

Far Less Secure than In-Person
Lack of personal appearance defeats the purpose of notarization. Period. How can a notary properly identify someone in the world of AI when they appear on a computer screen? Audio/Video can be made from anywhere through any means. As I write this article, I did a simple Google search for “video overlay app” and about 152 Million results popped up with detailed instructions.

Huge Potential for Fraud
Here’s the dirty secret that online notaries don’t want you to know. Online notary companies require you to upload a copy of your documents so that they can place their seal on them, you then download your “notarized” documents and print them out. But guess what? A copy of your most important legal documents are now somewhere on the online notary’s datacenter just waiting for a hacker to harvest them. And we all hear the same news story almost weekly, “XYC Company has had their data breached and millions of users data was compromised.” What if you were named the beneficiary in your late relatives estate documents that were notarized by an online notary, but all of a sudden, someone else shows up in court with a copy of those same documents but with their name on them as the beneficiary?!?!

Huge Potential for Identity Theft
Internet security is another big one. If you don’t have huge secure data servers processing the data you’re uploading to the online notary, your personal information (ie. your ID credentials and documents) are being thrown out onto the World Wide Web without recourse. Once that data is internet bound, there is no coming back from a potential cyber attack.

It Costs More
In the State of California, notaries may charge a fee of $15 per signature notarized. Online notaries charge almost twice that at $25 per signature notarized. If you have multiple documents with multiple signers, you’re going to spend a whole lot more with an online notary than with a local notary whom you actually get to meet in person and shake hands with. “Shop Local” also applies to notaries.

You Might Need a Do-Over
The receiving party may not accept an out of state notary seal. A little known fact is that it’s up to the receiving party to decide if they will accept the notarization or not. Online notaries only exist in VA, TX and NV at the moment and the receiving party doesn’t have to accept an out of state seal, particularly if the receiving party is a state government agency. You’ll then need to spend more money getting your document re-notarized by a local notary in your home state.

Unemployment
How are local notaries supposed to make a living? Currently there are approximately 164,000 notaries in California. Now, we have a huge corporate company coming into CA (with the infrastructure already in place) and swallowing up notary jobs leaving thousands out of work. Imagine how hard it will be to find a notary if notaries have been replaced by an app but you can’t get an internet connection!

Conclusion
Technology has brought radical changes to our lives. But, we will end up having more disadvantages than advantages if our society overuses technology. What’s your take on this? We would love to hear your thoughts in the comments section.

Author: Matt G Miller
Contributing Writer: Kyle Eisenberg
I was given permission to publish this article by Matt Miller although it looks like it had already been published on his personal blog.

You might also like:

How Notary work is similar to online dating
http://blog.123notary.com/?p=15763

eNotary – electronic notarizations
http://blog.123notary.com/?p=21344

Share
>

October 15, 2017

Ken’s list of things Notaries goof (or might goof on.)

Filed under: Ken Edelstein,Popular on Facebook (some) — admin @ 12:35 am

Most Notaries don’t make this type of mistake. Perhaps it is mostly very new Notaries or those who are just clueless. But, read this list and learn about what other Notaries do wrong and hope that you do not make the same mistake.

1. Wrong venue
2. Cut off commission end year on cheapskate notary stamp and missed filling it in
3. Unreadable notary stamp / covers preprinted text
4. Missed a sig line (in the middle of the page)
5. Allowed borrower copy (that they already had) to mix pages with live docs
6. Did not notice that some more pages printed (they were complex) and thought was working with complete set. But some still in printer output tray.
7. Email had 17 PDFs and did not keep track / printed one twice and another not at all
8. Accepted sloppy scan of airbill which would not scan at fedex/ups so arrived a day or 2 late.
9. Did not verify address with borrower, delay causes missed drop off time
10. Wrote name in notary section from anywhere other than looking at the ID / or did not change to match ID
11. Accepted photocopy of ID as ID
12. Shipped unprocessed borrower copy
13. Fed embossed end into fax first causing jam/ripped pages
14. Permitted distractions during signing – loud TV, noisey kids, dogs, etc
15. Worked in poorly lit area
16. Did not print & bring a borrower copy (just made a CD) thus cannot swap error pages
17. Opened “big mouth” and spoke about politics, religion, “smell in the air”, keep it to job at hand.
18. 2 jobs back to back, wrong docs with airbill (both jobs screwed)
19. Make commitment to complete that is impossible (not allow for traffic, distance) – job should go to closer notary.
20. Did not follow local notary law TO THE LETTER – allowing a fool to tell notary that it must meet notary standards where the property is located.
21. Idiot notary printed double sided, last page of Note shares first page of Mortgage.
22. Ran out of paper (oops no more legal) or toner – Really???
23. One name on work order, hubbie and wifie on docs – did not verify both would be available with proper ID
24. Did a “stamp and sign ONLY” without venue or notary wording or date. (when there is no notary section but it needs to be notarized)

You might also like:

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

Redaction the legal eraser
http://blog.123notary.com/?p=21058

Are you practicing law by drawing a signature line?
http://blog.123notary.com/?p=21033

Notary – what do you do?
http://blog.123notary.com/?p=21037

Bouncey Bouncey Paypal
http://blog.123notary.com/?p=21046

Share
>

October 3, 2017

Notary Maintenance

Filed under: Ken Edelstein — admin @ 12:16 am

Notary Maintenance
I nominate my “Pet Rock” as the most perfect device never invented. Without any maintenance, patches, updates, or ongoing costs it really informs. When I can’t see it, it’s letting me know it is night. When it’s wet I know rain is falling, etc. You are probably thinking “This time Ken really lost it – he’s just plain nuts”. Perhaps.
Unlike my happy to be left alone Pet Rock, as Notaries we have LOTS to maintain. Some are so routine (and usually done) they are not worth detailed comment: car maintenance, inking/cleaning notary stamp, personal grooming, record keeping; are just a few that I assume we all remember to do.

Notary Law – do you regularly download and carefully read your jurisdictions regulations? They DO change from time to time. Here in New York there is a test to obtain a commission, based on Notary Law. At the very least NY Notaries read the rules, if only to pass the test. It’s not just common knowledge, for example it is not permitted to notarize a Civil Deposition on a Sunday in NY State. Make it a point to download, print, and slowly read your current regulations – at least twice a year.
Personal Health – I’ve mentioned this from time to time. It’s worth repeating. Many of us have a fast food diet. One that is rich is fats, sugar, grease, and similar junk. When is the last time you had an apple? How about a meal with lots of vegetables, not just the decorative broccoli served with that Sesame Chicken? We are blessed with amazing medical advances; does your car receive an annual inspection but your body does not? Include some “good for the soul” events. A trip to the Museum, a picnic, fly a kite; take time to enjoy life.

The Web – Some of us have web sites; virtually everyone reading this has a profile with notes on 123notary.com. Is the information up to date? Even if it is – is it “working” for you? Perhaps a rewrite is due. I consider “social media” the leading waste of time ever invented. But, I am well aware that many use these tools to great advantage in securing additional business. If they work for you – great – but, is the information about you current? Perhaps it’s a good idea to review and refine “everything” that represents you on the web.

Advertising – Your competition is doing it, some make a major effort to be “first on Google” (that’s usually very expensive). For me the ideal (and very cost effective) technique is the humble business card. I order 5,000 at a time from Vista Print. When you specify their slowest service, the price drops dramatically. Having thousands to give away means that I actually can. When I go to a doorman building a few to the doorman works wonders. A trip to the local shopping center – giving a few cards to the office is time well spent. Doctor offices too.
Your Notary Kit – Review your kit, are there areas for improvement? Having just one notary stamp is a “single point of failure” that can put you “off line” waiting for a replacement. Some forms have just a tiny space, do you have stamps in multiple sizes. A very fine point pen (I like the Pilot Precise V5 RT) can help when the affiant name is long and the space for it is short. Automate repetitive tasks. I am located in New York (which is both the state and the county). I have a “New York” self inking stamp, just right for those Venue entries; perhaps you will need separate State and County stamps – it’s worth the cost and looks great on the documents.

Your Reputation – Yup, you will actually have to work at maintaining your good reputation. A great start is by obtaining lots of positive reviews. They will counterbalance the inevitable that will be (unfairly) dumped on your reputation. Take a look your reviews on the various rating sites: 123notary, Yelp, Google, etc. Your reviews and reputation soars when you do more than is expected. I’m hired by a law firm to print and bring an affidavit to their client. I print 3 copies, 2 are returned to the law firm; one fully notarized is left with the affiant. Reputation “stars” received for doing more than required; it just takes a tiny bit more effort on my part.

Perhaps I was wrong about my Pet Rock. I’ve been listening to it and now it’s starting to make demands. It wants me to find it a mate! I thought it would be “low maintenance” and passive. But it seems to know that I am writing about it and it wants compensation for using its identity. It’s threatening to sue; gotta go I’m calling my lawyer. I blame my mental state, and the “Pet Rock Uprising” on Jeremy – all bad things can be traced to him.

Share
>
Older Posts »