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January 17, 2012

How to fix notary mistakes

Filed under: Notary Mistakes,Technical & Legal — Tags: , , , , — admin @ 10:16 pm

How to fix notary mistakes 

Notaries often make mistakes.  Many make notary mistakes due to lack of education and lack of skill.  Those notaries will not likely catch their mistakes, and will not understand if others point out their mistakes. However, a knowledgeable notary public, will be likely to catch their own mistakes.
 
The point of having notaries in society is to have some sort of record keeping for the signing of documents, and the identifying of signers.  The notary hopefully keeps a journal (required in most states), and also fills out certificate sections, or attaches certificate forms to documents.
 
So, most notary mistakes that could be made would likely be in the journal, or certificate area.  If there is a mistake on the journal, it might be that the notary didn’t properly indicate what type of document was being notarized, or left out some critical documentation information.  Or, the signer might have “forgotten” to sign the journal which is much more serious.  If a signer forgets to sign, the notary can try to call the signer and have them come and sign the journal, or the notary can go to them.  An experienced notary wouldn’t let such a thing happen, but if there is a lot of confusion and people are in a hurry, then something could go wrong.
 
If there is a mistake in the notary certificate, then a new certificate can be made without seeing the signer, providing that the old certificate is destroyed.  You can not legally have two certificates for the same document for the same signer — unless there are two journal entries for the same signature by the same person on the same document which is very fishy indeed!
 
What about forgetting to administer an Oath to credible witnesses, or forgetting to administer an Oath for a Jurat?  In such a case, first of all, the notary could lose their commission or be fined by their state government for such a blatant infraction of notary law!  But, the notary could try to find the affiant and try to make them take their Oath after the fact.  Better late than never. I don’t think that makes it “okay”, but is better than nothing.

You might also like:

Fixing Botched Signings
http://blog.123notary.com/?p=1246

Rude notaries and what they do
http://blog.123notary.com/?p=2198

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Common complaints we get about Notaries
http://blog.123notary.com/?p=19399

Cross-outs as taught in the 30 point courses
http://blog.123notary.com/?p=14406

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December 4, 2016

Power of Attorney – Notary Processing Mistakes

Filed under: Ken Edelstein,Popular on Facebook (comments),Popular on Linked In — Tags: , — admin @ 9:20 pm

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

.

You might also like:

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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April 2, 2020

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

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

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

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

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

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

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

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

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

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

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

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February 4, 2020

Cleaning up common mistakes in your profile’s notes section

Filed under: Your Notes Section — admin @ 10:56 pm

When I look over notes sections of our higher level members, I like to make suggestions that can help them appear in a more positive light to the users. There are a bunch of common mistakes people make. I want to go over those mistakes.

1. Real Estate Experience
It is common for those with Real Estate experience to claim that they have real estate experience the therefor they understand the documents. In real life, people who I quiz with Real Estate experience do not know their documents that well. If you want to prove knowledge, then please pass our certification test which is really hard. Another mistake people make is to put lots of information about their Real Estate career in the top of their notes section. This is a Notary directory, so please put notary achievements at the top of your listing and mention your Real Estate experience in the middle or bottom of your notes section as an additional point.

2. Mortgage Experience
Many of our members have some type of Mortgage experience. If you are a current Mortgage Broker, you might be seen as competition and people might not want to hire you. However, the mistake many Notaries name is to claim that they have “x” amount of years in the “Mortgage Industry.” They often do not disclose what job titles they had in the industry or what their tasks were. People who use our site reward those who give specifics and give you a clear idea of who you are, what you have done, and what you know how to do. Additionally, using the “x” number of years is a bad idea, because you might have a listing with us for ten or twenty years and you have to keep updating your # of years every year. It is easier to say, “Notary since 1986.” or “Mortgage Appraiser since 2009.” You could say, “I was a Mortgage Broker from 2004 to 2015.” which clears up when you did it, how long, and that you no longer do it which might com as a relief.

3. Business Experience
Many Notaries have run a business before. They put, “Former business owner.” In their notes. This is horrible. It doesn’t say what type of business you ran, what position you had, what your responsibilities were, or what time period you did it. Be specific and understand that the reader doesn’t know if you had a business collecting hub caps or if you ran a fortune 500 company. You need to specify!

4. Types of Loans
It is common for Notaries to say, “I know how to sign every type of loan.” This is bad, because there are so many types of financial packages that few notaries have signed them all. Just make a detailed list of the loans you have signed, i.e.: I have signed purchases, sales, refinances, FHA, VA, conventional, unconventional, conforming, modification, reverse mortgages, and debt consolidations. I suggest having another list of common documents that you have signed. If the user has one of the types of loans on your list, he is more likely to hire you than some other character who makes vague claims or no claims about their loan experience.

5. Number of Loans
Some Notaries who are smart keep their number of loans signed statistics up to date regularly. Others say that they have signed two hundred plus loans. Two hundred plus is not a number by the way. Two hundred is a number. Since the information is not date stamped, (hmm, perhaps I should add that as a feature to my directory) there is no way to know how accurate the information still is. Number of loans signed is a good indication of how much experience you have, and is much more helpful than how many years of experience you have. You might have one month of experience and have signed 200 loans, or you might have twenty years of experience only having signed one loan per year which would be 20 loans. Think about it.

6. Omitting to read through our thorough guides
123notary has published many point by point tutorials on how to write a good notes section, what buzzwords to add, which to omit, what to say and how to say it. By not spending at least two hours reading our comprehensive guides, taking notes, and writing a well organized and thorough notes section – you are losing business. We will even clean up your notes for free upon request, but we get very few requests.

7. Unique catchy phrases
It is hard to teach someone how to write a catchy phrase. I created some articles with the best phrases I could find. It takes time and thought to create a one liner. However, readers are so bored reading through notes sections that if you can write something spicy, they might like it, and they might call you first. So, put some time into thinking up something catchy to say, and see how people react. You might need to modify what you put at a later date.

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January 4, 2020

10 reasons to get 123notary certified

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

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

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

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

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

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

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

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

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

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

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

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

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

You might also like:

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

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

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

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

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

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November 19, 2019

Your notary did what?

Filed under: Humorous Posts — admin @ 5:50 am

Tales of the outrageous.

MARY: My notary was so bad, he parked on my lawn and goofed on the notarization for the Deed of Trust as well as the borrower copy Deed of Trust.

SHARON: Girl, I can’t believe he did that.

MARY: Do you have a story too?

SHARON: I asked the Notary to do something exciting during the Notarization. He asked me what I had in mind. I said, “Do something fun with that seal, or something that I will remember long after the fact.” He said he couldn’t think of anything. Then he asked me to do something exciting, so I got on the table and danced. Then, he carelessly got his carry all bag tangled in my weave and all of my hair came right off.

MARY: And what did you say?

SHARON: I said, “Oh no you didn’t.”

MARY: You were clothed while you were dancing, right?

SHARON: Of course I was. What kind of a girl do you think I am?

MARY: Temporarily bald.

SHARON: Don’t go there.

VERONICA: I had an experience with a Notary.

MARY: I like the way you are talking about it. The way you phrase it it sounds like he did more than just notarize.

VERONICA: Oh, he tried. I had to practically chase him out of the house with a broom.

SHARON: Yeah I heard about that guy. The girls at the salon call him “The Notarizer.” Every girl he gets with he says he “notarized.” Wish I could have been there.

VERONICA: Excuse you me?

MARY: Hey, some people like getting notarized. To each their own.

ALICE: I hired a Notary to come to the house. When he left, he left with half my oxy-codene.

MARY: Looks like you’re going to have to go back to Mexico sooner than you anticipated.

ALICE: You’re telling me, and those border guards don’t play either!

NANCY: I hired a Notary once. He asked me — if I could be any notary item, what would I be?

MARY: Knowing you, probably a loose certificate.

NANCY: Well at least my certificate got filled out unlike some of the other people in this room.

ALICE: Damn!!!! So, were you a loose certificate?

NANCY: No, actually I wasn’t. I told him I would be a document date — tomorrow at 3pm. The Notary was fine!

ALICE: That’s a date and time, but it works. And by the way, not many Notaries are fine other than Jeremy, and that’s only if you can put up with his jokes.

NANCY: Who?

MARY: Never mind. I think that pretty much wraps up our session. It was fun.

You might also like:

Notary arrested for stealing spices from borrowers
http://blog.123notary.com/?p=20799

Common mistakes notaries make with the 1003 and other documents
http://blog.123notary.com/?p=4553

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September 21, 2019

Notary Tips from Carmen

Filed under: Carmen Towles — admin @ 10:31 pm

Do your research FIRST before you buy anything.
Know the ends and outs of the notary business that you are trying to undertake.
know the difference between a notary and a signing agent. These are 2 different hats that can conflict with each other
Know what is expected of you.
Know how many notaries in your area.
Try to find out if they are busy.

Find answers to the following questions:

Is there any work in your area?
How do I get the work?
How much money will it cost me to get started?
What supplies and hardware do I need?
What license or insurance do I need?
How long will it take me to make a profit?

You cannot listen to folks who are selling classes. They have one objective-sell you their course. They will tell you what you what to hear. Keep in mind it takes quite a white to build a successful notary business. You need to market, market and market some more.

2. Make sure you know YOUR states notary laws; cold. This is of the utmost important. This knowledge is what will keep you out of
trouble. And it is far more important than loan signing. If you are a great notary you will be an exceptional signing agent.

Know what ID is acceptable in YOUR state. What to do if they don’t have acceptable ID. What if it is expired? Can you still use it?
Where to place your seal.
When can you use credible witnesses? and why would you use them?. What are they and how many do you need in your state?
Who’s sole responsibility is it to fix a notarial certificate?
When is it a must that you change the venue? Do you even know what a venue is?
Who’s responsibility is it to initial these changes?
Can you use another states notarial certificate? And if yes when?
When are you supposed to give an oath?

These two things seem to be the most the notaries argue about;

Notaries continue to argue about whether they can use another states acknowledgement or not.
They consiisting argue about making changes to the documents.

Who’s sole responsibility is it to fix a notarial certificate?
Who’s responsibility is it to initial certain changes on the notarial certificate?

You might also like:

Tips for Notaries
http://blog.123notary.com/?p=3360

How to fix mistakes
http://blog.123notary.com/?p=2231

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June 26, 2019

Spelling mistakes in blog comments and what Jeremy thinketh…

Filed under: Marketing Articles — admin @ 12:17 pm

You can always tell a notary. You see them at a bar and you know right away. They are always broke, always give themselves compliments, pats on the backs, try to appear to be a lot more than what they are, and then complain bitterly about how unfair the world is.

ME: How’s it going?

UNKNOWN PERSON: Oh okay. I worked so hard for the last seven years, and I’m a professional, and an expert in my field. I’m so much more knowledgeable than the other people in my industry. I have “x” amount of years of experience. But, I never seem to get paid on time.

WAITER: Here’s your bill.

UNKNOWN PERSON: $20 for two mocktails? I’m going to have to negotiate the bill. The menu said $7. I’m going to have a financial problem. Oh God.

ME: Have you considered supplementing your Notary work with some other specialties, and consider the idea of saving a particular percent of your income every month no matter what so that maybe one day you can retire without starving to death?

UNKNOWN PERSON: That’s a great idea but (pause… jaw drops) How did you know I was a Notary Public?

ME: You made it so obvious. You have all the tell-tale traits. Notaries brag all day long about how they are an expert at their field, complain how they never get paid, and yet when they perform an Acknowledgment, they don’t even know who is acknowledging what.

UNKNOWN PERSON: That’s a no-brainer, the Notary is acknowledging that the signature is genuine… duh…

ME: (oral buzzing sound) Wrong! Time to go back and restudy Notary Public 101 on our blog.

But, that is only the beginning. When you read Notary commentary on forums, blogs, and in their notes sections in their bio, there are normally plethoras of spelling mistakes, capitalization mistakes, punctuation mistakes (not to mention punctuality mistakes, but that’s a topic for another article). What do you think the readers think when you constantly write illiterate sounding English? They will think — if you are that sloppy in how you write, you will undoubtedly make endless mistakes facilitating the signing of our loans. This is why people generally micromanage you. It is not that they want to, they have to. Think about it.

You might also like:

What is so critical about crossing out he/she/they?
http://blog.123notary.com/?p=22223

Can a notary sign on a different day?
http://blog.123notary.com/?p=22084

Can a notary get in trouble?
http://blog.123notary.com/?p=21429

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

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September 11, 2018

Logic errors can cost you as a Notary

Filed under: Technical & Legal — Tags: — admin @ 10:17 am

Many of the mistakes that Notaries make are logic errors. Not being a logical person, or having a low IQ are dangerous in the Notary profession. I believe that state Notary divisions should require an IQ of 95 minimum simply because the misapplication of rules often happens because of incompetent or sloppy thinking. Additionally, not being meticulous can really cost you and your clients as a Notary. Missing items on forms, or missing items when you check forms can lead to court cases. One wrong number or one missing initial can ruin a loan. It is not safe being a Notary unless you are a very cautious and logical person. Let me elaborate how an illogical Notary can get in trouble.

1. Additional Information Sections in Loose Acknowledgements.
The illogical notary says, “This is not legally required, therefore I will not fill it out.” Unfortunately, a fraud can switch the acknowledgment from the document it was supposed to be on to another document signed by the same person which was not “notarized” and get away with it. The reason being that the Loose Acknowledgment was not labeled as to which document it belonged to.

The optional additional information section goes over the document name, document date, number of pages, other signers, capacities, and perhaps more. With all of that specific information, it would make it difficult but not impossible to find another similar document to swap the certificate to. If you want to be even more cautious like me, get a secondary embosser seal that leaves a raised impression and emboss all of the pages in everything you notarize. Then, if someone swaps pages or an Acknowledgment, it would be easy to catch the fraudulent act.

2. Not stapling forms together
If you do not affix, attach, or staple an Acknowledgment form to a document, or if you do not staple the document together, it is easy to swap pages after the notarization is complete. Swapping pages is illegal and unethical and dangerous, so you want to prevent this from happening. In California, not stapling Acknowledgments to documents is also illegal. An illogical person would not see the necessity of stapling forms as they do not bother to think of the reason why they should be doing it and what can go wrong if they don’t. Yet another reason why illogical people should not be Notaries.

3. The John Smith Dilemma
When I ask dumb Notaries this question, they normally get it wrong which is dangerous as you can end up in court for screwing this up regularly.

If the ID says John Smith, but the signature on the document says John W Smith, would it be prudent to notarize the signature under the circumstances.

The most common answers include:
You can always over sign — this is a title rule and not a legal rule. The legal rule is that you must prove a signer’s name/identity in order to notarize them. The meaning of “you can always over sign” means that if the name inscribed in the signature section of a document says John Smith, but the signer wants to sign John W Smith, that Title will not mind. Although in real life that is a matter of preference and Title might mind.
Just ask for another ID — once again, another illogical answer. Of course you can always ask for another ID, but in this circumstance there is no other ID. Having a second ID would be a different circumstance, and not the one mentioned. Additionally, in a yes/no question, you need to give a yes/no answer otherwise you are not being logical and also not proving you know the answer to the question which is NO.
The longer not shorter rule — this is not a rule and can easily be reversed. Never memorize a rule that can be reversed. The ID can be matching but longer than the name notarized. But, the ID cannot just be longer. The signature notarized can never be longer than the ID if you follow prudent procedure although some states have wishy-washy identification rules and might allow this.

My logical answer is that the ID must prove the name you are going to notarize the signer under. The ID can be matching but longer than the signature on the document, but not unmatching or shorter.

4. Understanding basic notary acts
You could get in trouble for not understanding basic notary acts. If a client asks if you can notarize an Acknowledgment when they ALREADY signed the document, most Notaries would say no. However, almost all states do not require the signer to sign in the presence of the Notary, but only to Acknowledge in the presence of the Notary — a distinction an illogical person often cannot make. So, by not understanding the rules, you will deny a valid request for notarization which is by definition — illegal. Many Notaries deny legal requests all day long and then accept illegal requests because they are completely ignorant of Notary law and procedure which describes most of the Notaries on our site which is appalling.

5. Omitting or scrambling required Oaths & Affirmations
The illogical Notary doesn’t realize that Oaths are administered in all states by Notaries and that they are required for Jurats. The illogical Notary makes the following mistakes.

Omitting the Oath / Affirmation — It can be considered a felony of perjury to omit an Oath when you filled out a paper stating that an Oath was taken. Yet many Notaries are completely unaware that they need to administer Oaths and don’t even care until they get busted and have their commission revoked which doesn’t happen very often.
Giving an Affirmation instead of an Oath — Many Notaries who were asked to give an Oath used the word affirm because they don’t like the idea of swearing. That constitutes choosing the Notary act for the signer which is not allowed. The signer decides if they want an Oath or Affirmation, so you should probably ask if the law allows for either or.
Giving an Oath as to the identity of the signer — if you are giving an Oath about a document, having the signer swear their name is John Smith does not constitute an Oath about the document unless the document says, “My name is John Smith.” An Oath is incomplete or not administered unless it is topical to the subject matter. An Oath for a document should be regarding the truthfulness of the document.
Giving an Oath regarding that the signer signed the document — once again, by law a Jurat signature must be signed in the presence of the Notary, and the Oath should be about the truthfulness of the document and not whether they signed it.
Unique state laws — if your state requires more than just swearing that the document is correct, then by all means, fulfill your state requirements which we know nothing about here at 123notary. However, if you fulfill the other state requirements, but don’t administer an Oath regarding the truthfulness of the document and I caught you as a judge or notary division worker — your commission would be revoked on the first offense as that is perjury and undermines the integrity of the Notary profession and society.

In short, being illogical as a Notary can not only cost Title companies thousands and get you fired, or sued. Being illogical as a Notary can even get you jail sentence of up to five years for perjury which is a federal law which has no regard to the particular laws of your particular state. So, learn to be a correct Notary and keep in touch with your Notary division so you don’t goof on anything.

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You might also like:

5 books every notary should own and read
http://blog.123notary.com/?p=3668

Oaths — how Notaries completely screw them up!
http://blog.123notary.com/?p=19369

The grace period after your signing
http://blog.123notary.com/?p=19465

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

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May 8, 2018

Notary fined $385 for botching a Notarization

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

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

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

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

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

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You might also like:

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

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

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

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