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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

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July 7, 2023

Tackling the Notary Path: How Hard Can it Be?

Filed under: Notary Public 101 — Tags: , — Tom Wilkins @ 12:00 am

Are you thinking about becoming a notary and trying to figure out how difficult the process is or what difficulties you may face in this career? While the requirements may vary by state, becoming a notary can be fulfilling. In this blog post, we’ll know how hard it is to become a notary and the necessary steps to become certified as a notary public. Learn about the responsibilities of individuals in the business, successful notary duties, and any potential biases or stereotypes in the field. Start your journey to becoming a Notary Public by gaining the necessary knowledge for advancement.

Understanding the Notary Role

Before delving into the process of becoming a notary, it is important to understand the role they play. A notary is a public officer appointed by the state government to witness the signing of important documents and administer oaths. They act as impartial witnesses to prevent fraud and ensure the validity and enforceability of legal documents.

Meeting the Requirements

The specific requirements to become a notary can vary depending on the jurisdiction, but there are commonalities across many regions. The process typically involves:

1. Age and Residency: Most jurisdictions require notaries to be at least 18 years old and legal residents of the state where they wish to practice.

2. Education and Background Check: Some states may require the completion of educational courses related to notary laws and procedures. Additionally, a background check may be necessary to ensure the applicant has no criminal history that could compromise their integrity as a notary.

3. Application and Fees: Aspiring notaries must submit an application to the appropriate regulatory authority and pay the associated fees. The application typically includes personal information, educational background, and any additional documentation the state requires.

4. Notary Exam: Several states require applicants to pass a notary exam to demonstrate their understanding of notary laws and practices. The exam may cover document types, identification requirements, and notarization procedures.

5. Bond and Insurance: Many states require notaries to obtain a surety bond and/or errors and omissions insurance. These serve as financial protection in case of errors or misconduct during notarial acts.

6. Commissioning and Renewal: Successful applicants receive their notary commission once all requirements are met. The commission is usually valid for four years, after which notaries must renew their commitment to continue practicing.

Navigating Challenges on the Path

While becoming a notary is generally straightforward, certain challenges may arise. Here are a few potential hurdles and tips to tackle them:

1. Understanding Legal Terminology: Notaries should familiarize themselves with legal terminology and document types commonly encountered in their jurisdiction. Taking educational courses or seeking guidance from experienced notaries can help.

2. Staying Updated with Laws and Regulations: Notary laws and regulations are subject to change. Aspiring notaries must try to stay updated with any amendments or new legislation that may affect their practice. Joining professional associations and attending seminars or workshops can provide valuable insights and networking opportunities.

3. Building a Client Base: Starting a notary business requires building a client base and establishing a reputation for reliability and professionalism. Networking with attorneys, real estate agents, and other professionals frequently requiring notarial services can help generate referrals and opportunities.

Embrace The Challenges And Reap The Rewarding Benefits

It’s hard to truly know how hard it is to become a notary without taking the first step. Becoming a notary in your state requires time and money, so it pays to know all the facts before diving in. It is easy to feel overwhelmed at the thought of navigating the path to becoming a notary because the requirements are strict, and understanding the full scope of what is expected can seem daunting. But don’t let that deter you from taking on this rewarding profession. By investing in yourself and understanding the ins and outs of becoming a notary, you can join this amazing world of public service experts! So, if you’re interested in joining the legal services industry but need help knowing where to start – take action now! If you’re trying to find a Notary Signing Agent near you, you can locate providers in your area on our website.

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July 4, 2023

Mobile Notary: The Perks of Flexibility

Filed under: General Articles — Tags: , — Tom Wilkins @ 12:00 am

In today’s fast-moving world, convenience and adaptability are key to success. This applies to multiple industries, including the notary business. The emergence of mobile notary services has created exciting opportunities for professionals in the field, enabling them to provide their services while on the go. Moreover, this shift offers numerous benefits for both notaries and clients. This article will discuss the benefits of becoming a mobile notary and how flexibility can vastly improve business practices.

Accessible Anytime, Anywhere

One of the primary benefits of becoming a mobile notary is the ability to provide services wherever and whenever needed. Unlike traditional notaries who operate from fixed locations, mobile notaries can travel to clients’ homes, offices, or any other designated meeting place. This accessibility ensures that individuals and businesses can notarize their documents without the hassle of travel or time constraints.

Enhanced Customer Convenience

The mobile notary profession revolves around providing top-notch customer service. By offering flexibility in location and availability, mobile notaries make it easier for clients to have their important documents notarized. This convenience becomes especially valuable for individuals with mobility limitations, busy professionals, or those living in remote areas. Mobile notaries eliminate the need for clients to adjust their schedules or commute to a notary office, providing a stress-free and efficient notarization experience.

Versatile Notarial Services

Mobile notaries offer a wide range of services beyond the traditional scope of notarization. These services may include administering oaths and affirmations, witnessing document signings, and facilitating loan signings. By expanding their repertoire, mobile notaries become versatile professionals capable of meeting diverse notarial needs. This versatility increases their marketability and ensures a steady stream of clients seeking their services.

Building Personal Connections

As a mobile notary, you can build personal connections with your clients. Meeting them in person establishes trust and rapport, which is crucial in any service-oriented business. Mobile notaries often work with repeat clients who appreciate the convenience and professionalism they offer. You can establish a strong reputation and generate positive word-of-mouth referrals through these personal connections, further expanding your client base.

Flexibility in Scheduling

Flexibility in scheduling is another significant benefit of becoming a mobile notary. You can set your working hours and take on as many or as few assignments as possible. This flexibility allows you to balance personal commitments, such as family or other part-time jobs, while maintaining a fulfilling mobile notary career. Whether you prefer working during weekdays, weekends, or evenings, the choice is entirely yours.

Independence and Autonomy:

As a mobile notary, you can be your boss. You can establish your own business, set your rates, and choose the clients you want to work with. This independence allows you to shape your career according to your preferences and goals. You can focus on specific industries or niche markets, positioning yourself as an expert in certain notarial services. The autonomy of being a mobile notary allows for a rewarding and fulfilling professional journey.

Unlocking Your Potential as a Mobile Notary

To wrap it up, the benefits of becoming a mobile notary are numerous, from flexibility and convenience to generating additional income. Not only is it a comparatively low-stress job, but you can also have the pleasure of helping other people with their more significant jobs.

As a mobile notary, the world can be your office! Whether you work from home or in the heart of it all, you’ll have access to clients no matter where you go. Whether for personal or professional matters, you’ll be able to provide an invaluable service to those who need it—and make money in the process! What’s more, you can find yourself in unique and lucrative opportunities—all with minimal overhead costs. So why wait? Get out there and start to market your notary business today!

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June 23, 2023

What Sets a Mobile Notary Apart from a Notary

Filed under: Notary Public 101 — Tags: , — Tom Wilkins @ 12:00 am

When you need to have an important document notarized, you may wonder if you should go to a traditional notary public or use a mobile notary. While both types of notaries offer similar services, some key differences between the notary and mobile notaries may affect your decision. In this article, we will explore what sets a mobile notary apart from a notary and explain the benefits of using a mobile notary service.

Mobile Notary vs. Traditional Notary

A traditional notary public is a professional appointed by the state to verify signatures, administer oaths, and perform other duties related to the certification of documents. A traditional notary’s office is usually in a fixed location, such as a courthouse, bank, or law firm. Clients typically visit the notary’s place to complete their documents.

On the other hand, a mobile notary is a notary public who travels to the client’s location to notarize documents. They offer more flexibility regarding time and place, making it easier for clients to get their documents notarized when and where they need them.

The Distinction Between a Notary and a Mobile Notary

One of the most significant differences between a notary and a mobile notary is that a mobile notary can come to you. This means you don’t need to take time off work, travel to the notary’s location, or wait in long lines. Mobile notaries can visit your home, office, or any other convenient place.

Another difference is availability. Traditional notaries usually work regular business hours, which may not be convenient for people who work during the day. A mobile notary, however, can work outside of regular business hours and on weekends, making it easier for clients to get their documents notarized at a time that works for them.

Fees and Scheduling

Traditionally, notaries charge a flat fee per signature they notarize. On the other hand, mobile notaries usually charge an additional fee for travel time and expenses, which can vary depending on the distance traveled and the time of day. However, mobile notaries’ convenience and flexibility can outweigh this added expense.

Regarding scheduling, mobile notaries often offer more flexibility than traditional notaries. They can usually accommodate last-minute requests and work around your schedule, which can be especially helpful in urgent situations.

When to Use a Notary vs. When to Use a Mobile Notary

The choice between a traditional and mobile notary depends on your needs and circumstances. Suppose you have a document that needs to be notarized. Still, you have limited mobility or transportation options or need it done outside regular business hours. In that case, a mobile notary may be your best option. On the other hand, if you prefer to visit a fixed location and are willing to take time off work or wait in line, a traditional notary may work well for you.

Final Thoughts: Distinguishing Notary from Mobile Notary

Understanding the differences between a notary and a mobile notary is crucial when seeking reliable and convenient notarial services. While both are responsible for certifying documents, mobile notaries distinguish themselves by their ability to travel to clients’ preferred locations, offering flexibility and convenience. With the ever-increasing demand for efficient and accessible services, mobile notaries from Notaries/Signings are invaluable. Whether you require notarizations for personal or business matters, opting for a mobile notary ensures that your documents are handled with utmost care and convenience. Take advantage of the convenience and efficiency offered by mobile notaries and secure your notarial needs today.

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February 23, 2023

Businesses That Need Notaries

Filed under: (6) Marketing,Advertising — Tags: , — Tom Wilkins @ 5:38 pm

Are you wondering which types of organizations to target when spreading the word about your notary business? After all, there are plenty of businesses that need notaries on a regular basis, but others that might be less interested.

Essentially, any company that deals with legal transactions or documents of any kind will need notary services every now and then. Here are a few types of businesses most likely to require your services.

Real Estate Agencies

There are a great many legal documents involved in real estate transactions. This is true, especially if the buyer is taking out a mortgage. That’s good news for you as a notary—in most states, your services will be required by law.

In a real estate transaction, you’ll serve as an impartial witness. It will also be your responsibility to check and affirm the signatures of all the parties involved. The duties may vary from state to state, so ensure you know what’s expected of you in these cases.

Law Firms

It goes without saying that many legal documents require notarization. Paperwork granting power of attorney, trust documents, and wills are a few examples.

Many lawyers try to hire paralegals who are already commissioned notaries. That way, the employee can add notarization duties to their list of regular tasks. But if no one in-house can do it, the attorneys must commission notary services.

Banks, Mortgage Lenders, and Other Financial Institutions

As we pointed out, loan and mortgage documents require signature verification. The same goes for other financial agreements as well. That means financial institutions will need notary services on a regular basis.

It was common for banks to employ on-staff notaries to provide free services to their customers (sometimes even walk-ins). However, with the rise of online banking, this practice is rare. This works out well if there are a lot of banks in your area constantly seeking outside help when notarizing documents.

Healthcare Providers

You might not think of medical offices as businesses that need notaries. But the truth is, any business that deals with legal documents needs to have a notary on call.

In addition to power of attorney documents, certain medical consent forms must also be certified. Otherwise, it would be difficult to prove whether or not the patient consented to the transfer of power—or the medical procedure itself.

Government Agencies

Here’s a partial list of government documents that might require notarization:

  1. Immigration forms
  2. Oaths
  3. Affadavits

It’s always important to avoid the pitfalls of a forged signature notarized document, but you must be careful when dealing with government documents. Always ensure the person signing the document has the proper identification, and check all the dates and sections of the forms carefully before notarizing.

Employment Agencies

Some employers require drug tests and background checks before they make an official job offer. In these cases, the employment agency might enlist a notary to verify those documents to cover all their legal bases.

Small Businesses

Just because a company is small doesn’t mean it’s entirely self-sufficient. Many businesses that need notaries are very small, like mom-and-pops. Even the smallest businesses have contracts and other agreements that require notarizations occasionally. So get out there and spread the word about your notary business today!

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January 29, 2022

My date with Jeremy

This article was originally published in 2013.

He was striking and utterly took my breath away–like a traffic accident. I couldn’t take my eyes off of him. He had deep, penetrating gray eyes that seemed to notice everything. His shirt was the color of numbers.

We got out of the car at the restaurant. He took the ticket stub the valet handed him and scrutinized the numbers. “These add up to 33, an excellent number for business,” Jeremy noted. “I hope my good fortune extends to this restaurant as well. Let’s go in and see what’s on the menu.”

The sign above the entrance said Le Jurat.

“How did you pick this restaurant?” I asked.

“I have an algorithm for restaurants,” Jeremy said, opening the door for me.

“How chivalrous!” I replied. I was in awe of him, and I didn’t know what else to say.

“I assess the restaurant according to reviews, how they answer the phone, and zip code… and then I try the food,” he explained. “I test the food before bringing a friend here. Sometimes the reviews don’t match the quality of the service provider. In my opinion, good reviews don’t necessarily translate to good service–but I don’t know if you subscribe to that opinion, Sealia.”

As we were being taken to our table, a woman with frizzed red hair like the bride of Frankenstein ran up to Jeremy, tapped him on the shoulder, and demanded–“My password! I need my password! I can’t get in to update my page!”

Jeremy looked her in the eye and said sternly, “I’m having dinner. I emailed you your password three times in the last few months. You need to request it by email. Not now.”

I wondered exactly what the woman was talking about…and whether this man ever had any time to himself.

The decor of Le Jurat was elegant, parchment beige with traces of pink and gold, and there was no waiting line, yet the restaurant was full–an amazing combination for a Saturday night in Los Angeles. On all the tables, a little sign next to the placemats read, “Customers who subscribe to our newsletter have sworn by us…” The music playing in the background was “I Swear” by John Michael Montgomery…

“When I was choosing restaurants,” Jeremy said slyly, “it was a choice between this place and a Christian Korean place called the Hyung Moon Temple where the signature dish was Stained Glass Noodles.”

I laughed. “So tell me about this business of yours,” I asked. “What exactly do you do for notaries?”

“I provide advertising, education, and entertainment for notaries–visit us on Facebook! I also use algorithms to assess the notaries’ performance and knowledge.”

“I didn’t know Al Gore had rhythm,” I smiled and nodded.

“I didn’t know he had rhythm, either.” His phone rang. “123notary, this is Jeremy” he stated automatically.

“It’s Vicki from Hyung Moon,” he said aloud; “Sorry, Vicki, I have to cancel…I will not be able to make it this evening. I wish to rescind.”

He hung up quietly and said, “I kind of double booked…”

He was just about to smile again when the phone rang–again.

“Hullo,” screeched a voice.

“123notary, this is Jeremy.”

“Are you a notorizor?”

“I used to be a notary but I’m not anymore. Please look on 123notary. I’m the site administrator. Please call a notary on the site. Have a nice night. Goodbye.”

Again the phone rang,
but this time, he glanced at the number and said, “I’m not going to answer now because I’m with you, but I’ll have to call them back in exactly one hour and 56 minutes. That will be the best time to speak with this person who wants to take a phone test. I remember their number and the exact time they said would be optimal to call. That gives us enough time to have our meal and a dessert…before we go to FedEx to finalize the date,” he said, focusing on a tiny spot on the tablecloth.

“FedEx?” I said. “Why FedEx?”

“That’s where my dates always end–at a FedEx drop box.”

We tried to catch the waiter’s attention. “Hey–the waiter didn’t even acknowledge us!” Jeremy quipped. “Do you think our waiter will personally appear before us? I would like to order the Soup du Jurat…and a Certified Angus Burger…I like this restaurant because it’s 24 hours…although they don’t answer the phone after 11…if you want late-night service you have to call before 11… ”

I decided on the Rack of Lamb. “Is that a dual rack or a single?” I asked the waiter, who had finally appeared.

“Well, technically it’s a single rack….but we put in a separator program…so the legal size chops can go on a legal-sized plate.”

“If I don’t like the entree, do I have the right to cancel?” Jeremy demanded.

Finally the waiter delivered the food–and not a minute too soon.

“This lamb is delicious!” I said.

Jeremy ate his certified burger. “This stuff is as good as Kobe beef!” he replied.

“So what is it really like running 123notary?” I asked.

“It’s like dealing with a series of situations that never end,” he said.

“So it’s like marriage,” I said.

“That’s a good analogy. Trying to get people to do what they’re supposed to is like separating ribs. I need people to answer their phone, or write their Notes. They don’t all do it.”

“So it’s like a cross between babysitting and marriage…”

“Another good analogy! We’re really on the same page here. Would you like to have dessert at Le Venue down the street?”

“I’d love to!”

“Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”

The waiter brought the check.

“When is my first payment due?” asked Jeremy.

“In five minutes,” the waiter answered. “The term of your loan is 45 minutes–with no accrued interest. The final payment is due tonight as well.”

“Is my APR different from my rate?”

“They are the same–due to the fact that we are not adding finance charges to your transaction,” the waiter explained.

“I see your point.”

“There are no points– because points would be considered finance charges–and no origination fee,” concluded the waiter.

“This conversation is completely irrelevant, considering there is no security instrument,” said Jeremy.

The waiter returned with the credit card statement.

“What color ink would you like me to sign with, black or blue?”

“Either. Just as long as you are personally appearing before me, I can accept your signature…but I could give you an oath…because I saw you were raising your right hand as you were trying to hail me,” the waiter replied.

“Shall we leave?” I asked Jeremy.

“Let’s go,” he said.

We walked down the street to Le Venue, a Restaurant for Notaries, for dessert.

“What county are we in?” Jeremy asked the hostess.

“Why do you need to know?”

“You always need to know what county you’re in when you fill out a venue. You’re not a notary, are you?” Jeremy told the hostess.

“Is everyone here a notary?” he asked the waiter.

“Pretty much…except the hostess,” the waiter replied.

I noticed the placemats read, “State of California…”

We looked at the menu anyway, even though we were only there for dessert…and saw “Roast Seal with Ink.”

Jeremy considered the mousse for dessert…

“What county is the mousse from?” Jeremy asked.

“It’s not from a county, it’s from a province, sir” the waiter replied.

“Can we get an Alaskan mousse?” …

“How about this dessert made with oreo cookies– what a great raised seal they have!” I suggested.

“Does the seal on the embossed cookie have an expiration date?” Jeremy asked.

“It doesn’t expire until 2015,” the waiter attested.

“How about the analytics dessert? It’s a graph… It’s in the form of a pie graph…”

“Oh, I can’t eat a whole pie…” I said.

“Well, most of the pieces are missing…the anayltics weren’t very good…” Jeremy pointed out.

Jeremy got the mousse, and I asked for the Locus Sigilli Sundae.

“Today is Friday. Do you serve the sundae today–or only on Sundays and federal holidays?”

“We serve this sundae with the oreos every day, sir,” the waiter replied.

The food was perfect.

“I can’t finish my dessert,” I said. Can you finish it for me?” I asked.

“I think we have to get a power of attorney for me to finish your dessert,” Jeremy replied.

On the way out, he went up to the hostess and asked, “Can you validate us?”

“You’re a very nice person,” she told him, smiling.

“No, I mean stamp our parking receipt…Can I stamp it myself? I’m a notary; that’s my thing. Can I backdate it? We’ve been here quite a while…”

“No, sorry sir, we don’t allow that…”

“I enjoyed eating the date stamped on my oreos…” I said, wondering what to expect next.

“I enjoyed eating my mousse…but I would have enjoyed it more if the antlers hadn’t been crushed by the car that hit it in the dark, ” Jeremy laughed. “Can I take you home?” Jeremy asked softly.

“No….just drop me off at the FedEx drop box.”

Tweets:
(1) “Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”
(2) The waiter brought the check. “When is my first payment due?” asked Jeremy.
(3) “Does the seal on the embossed oreo cookie have an expiration date?” Jeremy asked.
(4) The notary asked, “Can I get an Alaskan moose with Russian dressing. They’re our next door neighbors!”
(5) Running 123notary is more like babysitting than you think,
“Did you update your listing? Did you update your notes? Did you renew yet?”
(6) “FedEx?” I said. “Why FedEx?” “That’s where my dates always end–at a FedEx drop box.”
(7) Running 123notary is like a cross between babysitting & a marriage. A bunch of situations that never end!

You might also like:

My 2nd date with Jeremy
http://blog.123notary.com/?p=7074

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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January 16, 2022

Quiz: You know you’re a good Notary when you…

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

.

You might also like:

You know you’re a Notary Public when… (36 examples)
http://blog.123notary.com/?p=16038

Honey, you can kiss my app!
http://blog.123notary.com/?p=14902

Notary aptitude test
http://blog.123notary.com/?p=15853

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January 1, 2022

Who is the authority at a Notary Loan Signing?

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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You might also like:

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

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

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

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December 2, 2021

The “menu society” might be complicated for Notaries

Filed under: General Stories — admin @ 11:52 am

We live in a menu society. In the old days, life was very predictable. There was one God, one types of sworn statement, namely an Oath. One type of relationships namely marriage between a biological male and a biological woman. And there were two genders.

Now we have multiple genders and you can change your gender identity on a whim and perhaps even have it documented on your driver’s license.

We have multiple Gods. You can believe in The God of Abraham, Krishna, or whomever you want to. I joked that on the new Affirmation and Oath form there is a check box where you choose your entity that you are swearing under. It is kind of like a menu. Ooops, I just heard thunder and lightning — I better not joke about that topic any more.

But, on Notary forms, how would you document a polyamorous relationship? With all of the flexibility we have in society, you still cannot marry more than one person, not even in Utah with all the Mormons. What is the world coming to — or not coming to as the case might be.

What if a man is married to two other men, one woman and a sheep who is non-binary.

Maybe these types of people don’t get loans, but imagine if they did. Anyway, I’m just thinking out loud as usual.

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October 17, 2021

My response to NNA’s article: Is the Notary industry overcrowded?

Filed under: Marketing Articles — admin @ 7:39 am

My opinion on this matter is that there is a lot more notary work than there used to be. The crazy ups and downs in the economy, people losing their jobs due to covid related causes and getting new jobs. People escaping from certain areas and moving to other areas. All of this transitioning necessitates a lot more Notary work and Notaries. And yes, there are more Notaries out there than before. When people lose their job, the first thing that goes through their head is whether or not to become a Notary — or so it seems.

However, for the last eight or so years, new notaries and old alike lack the willingness to master their trade and become experts. Many take classes and pass tests. But, when I test them on actual notary or situational knowledge, few can get more than 80%.

So having lots of poor quality notaries who can’t even administer an Oath properly is not overcrowded. The quantity of what I consider to be qualified Notaries is as sparse as the population in Northern Alaska in between sled dog races. Actually, I think those races are in central Alaska along the biggest river when it freezes over. And the Northern lights are good in both places. But, I digress. What was I writing about again? Ah yes — Notaries.

POINTS IN THE NNA ARTICLE DISCUSSED

The author of the NNA article says that many Notaries claim that there is not enough work to go around. Qualified Notaries are not making this claim. They claim that there is not enough work that pays what they want to go around. Notaries with no name recognition, no skills to speak of and no experience would not get much work even if there were enough work to go around. I understand the author’s point, but when you look at the situation a little below the surface it looks very different.

The author states that RON or Remote Online Notary work creates new opportunities. This is a very true point. However, RON work is feast or famine. The 80:20 rule of Real Estate where 20% of the agents get 80% of the work applies to RON, if you change it to the 99:1 rule. It seems that the applications and sites catering to RON work favor the very solid Notaries who have seniority and know what they are doing. A handful of Notaries are cleaning up where the majority are lucky to get even one job. So, understanding RON from a business perspective is complicated and it does not provide work for the masses.

The author recommends: use the support of your fellow Notaries. Yes, this is a great idea. However, any successful notary who teams up with others will be very picky who they choose or their reputation will go down the drain. If a new Notary thinks they can partner up with an experienced Notary with a good customer base, this is very unlikely unless you developed a stellar reputation or are very socially close to the experienced Notary. But, in the long run, networking is a good idea. I did it for years, and many Notaries on 123notary do it too. Networking — it’s a good idea, but there are catches and many considerations.

The author recommends: Network with local businesses that need notary services. Once again, another good idea. But, this is an idea you should be using anyway regardless of how the notary market is doing. Call up local businesses. Or drop by and give them your card. A certain percentage will use you, so go to lots, and have lots of cards.

Then the author recommends: Find opportunities outside of your local area. This is what I recommend too. It is called widening your net. You should do that in any case whether business is fast or slow if the price is right or if it is for a client you like enough to drive. This point is a good one, but has nothing to do with overcrowding.

SUMMARY
I feel this particular NNA article is helpful, but is a general marketing article with a title that is specific to a particular type of market condition that the article does not address. The fact is that for years, the NNA has been outstanding at marketing to new Notaries, getting them on board and turning them into signing agents. Many of these Notaries are Realtors, Insurance workers, Mortgage and Escrow people, etc. NNA tends to attract a good crowd and a big crowd and floods the industry with signing agents. However, how many of these signing agents can pass a tough notary or signing agent exam? The answer is very few. And the reason is that people since about 2013 (yes I noticed this), have become lazy and don’t want to study hard. Even people with four different certifications don’t like to study hard. This is hard to believe but it is my experience.

Here is the original article
https://www.nationalnotary.org/notary-bulletin/blog/2021/09/is-the-notary-industry-overcrowded

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