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September 22, 2019

When can you charge for an Oath?

Filed under: Technical & Legal — admin @ 10:32 pm

If an Oath is a separate and independent notary act, you can charge for it as far as I know — I swear!

But, I believe (and please comment below if I am wrong) that you may not charge extra for an Oath on a Deposition, court appearance, or for credible witnesses.

When using credible witnesses for an Acknowledgment, you just charge for the Acknowledgment, but not for the credible witnesses. This is only for states that allow credible witnesses which is about 30 states more or less and you can look them up online.

You might also like:

When are you required by law to give Oaths?
http://blog.123notary.com/?p=21017

The Starbucks Oath Question
http://blog.123notary.com/?p=21001

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August 5, 2019

Notary High School (80’s Style)

Filed under: Humorous Posts — admin @ 8:56 am

Back in the day, they used to teach notary classes in high school just in case some of the students would one day become Notaries. They taught it in the same room they taught typing incidentally which is interesting as both types of work are clerical in nature.

TEACHER: Now class, please turn to page forty. The duties of the Notary Public are to Acknowledge signatures, take Oaths, execute Jurats, and my psychic says that in the future there will be this thing called an Affirmation.

SAM (a 15 y/o student): Hey teacher, you’re a lot hotter than the last teacher we had. Taking your class is going to be a dream come true.

TEACHER: Thank you Sam for your vote of confidence. I truly am glad to know that I indeed am hot, at least in your eyes, and thank you for making your astute observation using correct grammar.

SAM: No problem teach! Any time!

TEACHER: Oh, let’s see. There appears to be a love note on my desk. Well, thank God this class isn’t like the last class. My students hated me.

BRUCE: You’re not going to have that problem here, baby… I mean… teach!

TEACHER: That’s Mrs. Bates to you, but once again, I appreciate your vote of confidence. Let’s see what the letter says. “My love for you has no bounds, I feel like howling like the hounds, my feelings towards you I wish not to belittle or smalledge, but to thee, my love, I sincerely wish to Acknowledge.” Wow! This is not poorly written at all. I would like to instill upon you the notion that I am married, and although your feelings are appreciated, they unfortunately cannot go anywhere.

SAM: Hey, may the better man win. Your husband must have something we don’t have.

TEACHER: Yes, its something called a job… and also maturity, but that’s a completely different matter. Now, moving right along. An Acknowledgment is a notary act where the signer acknowledges having signed a document. They make this formal declaration in the physical presence of the Notary.

CHRIS: Let’s get physical… physical. Is it kind of like that song. You know the Olivia Newton song?

TEACHER: Very much so, but with no dancing. Any questions?

SAM: Yeah… Do you like younger guys?

TEACHER: I like younger people just fine. However, I cannot entertain the idea of the type of relationship you are most likely thinking about.

BRUCE: Do you attest to that? And also… What are you doing after class?

TEACHER: Grading papers. How romantic. See you tomorrow.

(The next day)

TEACHER: Hello class. Many teachers might be cross with you or stern after getting an inappropriate love note.

SAM: What was inappropriate about it? I thought it was well written and didn’t contain any bad words. That’s as appropriate as we get over in this school.

TEACHER: Yes, I see what you mean. But, you see that it is not appropriate to make romantic suggestions to your teacher. It violates teacher-student ethics.

BRUCE: What are ethics? Do Guns and Roses use ethics.

TEACHER: Well, you see, some people think it is morally wrong for teachers and students to have romantic interludes, but if it weren’t wrong, I assure you, that some of you handsome young people here, might be in business. Oh my God, I can’t believe I said that. Father, forgive me. But, my husband found out about the note and guess how he feels?

CHRIS: Uh oh, do I need to change my name and move to a different town and assume a new identity so I don’t get killed or mamed?

TEACHER: Actually, he feels flattered, and he feels more sexy than I have ever seen him feel in his life. He is all excited that his wife is a hot chick that is in demand.

SAM: Woah, I’m glad we could make your family feel all good Ms. Bates. I totally dig that. But, what I want to know now is, “Where do we go, where do we go now, where do we go… sweet child of mine….”

TEACHER: Let me guess, these are lyrics to that new group Titanium… Oh, maybe they are called Platinum. Do they wear really tight pants, look like women from an asylum and scream when they sing?

BRUCE: No, you must be thinking of Motley Crew. This group is called Guns & Roses. The ironic thing is that they don’t own any guns. But, the lead guitar guy wears this really cool hats from the 1800’s which I totally respect because if there is one subject that I like more than biology, it’s history.

TEACHER: I’m glad to know you are learning something Bruce. Anyway, a Jurat is a notarization where you swear to the truthfulness of a document and sign it in the presence of a Notary.

SAM: Is that also a physical presence? Because I noticed that your verbiage was adulterated oh so slightly.

BRUCE: I like your choice of semantics there — adulterated. Someone might feel adulterated really soon because they are in some particular person’s physical presence.

TEACHER: I understand what you mean Bruce, but it doesn’t mean exactly that. You have to be more than in a physical presence to commit adultry.

CHRIS: Can children commit adultery, or only adults?

SAM: Yeah, wouldn’t it be childery if we committed it?

BRUCE: Hey wait a second, if a child committed adultery with an adult, wouldn’t that be childery as well as adultery, or would that depend on which party in the transaction you were a part of.

TEACHER: Children, this is a very interesting discussion. There is no such thing as childery, and for your information, adultery involves inappropriate sexual behavior between a married person and someone else who is not part of that holy union.

SAM: Holy union… I mean holy cow… By jove, I think I’ve got it now.

CHRIS: Well in any case compadres, we made teach’s husband feel like a complete stud. I say our mission was a success and we can all go home now… providing that we finished our written assignment writing a paragraph about each notary act.

TEACHER: I couldn’t have said it better myself. Glad we could learn about notary work as well as adultery all in one short class, not to mention making my husband feel better than he has felt in over a decade. But, I have to go soon as well.

SAM: Why, are you going to grade more papers?

TEACHER: No, I have an appointment at Victoria’s Secret. I haven’t been there in 15 years, but now there seems to be a reason to go — thanks to certain young people with inquisitive minds, and when I say inquisitive, you know what I mean!

BRUCE: Right, like in the Spanish inquisition — they were the most inquisitive people I ever read about in history.

TEACHER: That means something completely different. But, have a wonderful day boys! Ta ta!

You might also like:

Most Popular Notary Jokes
http://blog.123notary.com/?p=8471

Are you a bad boy notary?
http://blog.123notary.com/?p=22380

Notarize you like a hurricane
http://blog.123notary.com/?p=22168

Notary Happy Days goes to China
http://blog.123notary.com/?p=16536

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April 2, 2019

Many people who hire notaries don’t think about quality = dangerous

Filed under: General Stories — admin @ 10:00 am

Many people who hire Notaries don’t know anything about the dangers of an uninformed Notary. A careless Notary can ruin appointments by not confirming properly. They can fill in notary forms wrong. They can omit Oaths, or get into other peril by not knowing how to handle situations.

123notary puts a lot of effort into breeding Notaries into being the best that they can be with Notary Public 101 on the blog. However, those that hire Notaries typically don’t know the difference. This is dangerous and can result in a lot of trouble. When you hire Notaries, trouble doesn’t come all at once. It might not come for a while. But, if the notary identifies someone incorrectly and that comes back to you, it could be catastrophic. If Notary doesn’t drop the package in a timely manner, that is also a potential huge problem.

Just because those hiring you don’t know the difference doesn’t mean that you should not care about being a good Notary. The danger of being a careless and sloppy notary is not only for the borrower and the client, but also for the Notary. You can get in all types of trouble. So play it safe and keep studying your notary law, how to handle situations and your documents. Your few hours of study will make you look a lot more professional for the rest of your career.

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March 17, 2019

How do I find a German speaking Notary Public?

Filed under: Public Interest — Tags: — admin @ 9:57 am

Where can I find a Notary who speaks German?
Look no further. 123notary.com has a few German speaking Notaries on board. Just look up a Notary by zip code and then use the language filter at the top right of the site. You can enter in the name of any language such as German, Spanish, Japanese, Vietnamese, American Sign Language, or more! We used to have a Notary named German who spoke Spanish. In fact, we have German speaking Notaries in almost all states! Additionally, we have a search filter directly abovetto the right of the search results where you can enter the word German and find only German speaking Notary service providers.

How good is their German language proficiency?
On 123notary.com, we have many Notaries who speak German. The degree of fluency varies from Notary to Notary as some are conversational while others are native speakers. A handful are from German speaking families who grew up in America and might be excellent at conversation but not as proficient at business oriented communication. So, test your German speaking Notary out over the phone to make sure they are up to your standards before hiring them!

Notary German — Attorneys vs. Non-Attorneys
Please be advised that Notaries in the United States are seldom Attorneys and non-Attorney Notaries may not give legal advice. Most Notaries are also not authorized to draft legal documents. There are affordable legal support centers where they can help you draft documents. Please make sure that your document is completely drafted before contacting a Notary Public from 123notary.com.

Immigration Advice
Notaries cannot give advice about immigration matters unless they are specifically licensed to do so. For immigration questions, please contact the proper authorities.

Notarizing in German?
Notaries may Notarize a document that is in German, however the Notary wording would be in English for the notarization. Some states require the Notary to be able to understand the document. Other states require the Notary to be able to communicate directly with the borrower in any language they both can communicate with. Please learn the laws of your state and how they apply to notarizing foreign language documents. The actual Notary wording must be in English if it is to be notarized in any of the 50 states in the USA. Each state has their own official Acknowledgment and Jurat Notarial wording which the Notary is responsible for knowing. The Notary wording can be included at the end of the document. However, the Notary can also staple a loose certificate form to the document and affix their seal to that certificate after it has been completely filled out. Signers will be required to sign the Notary journal in states where Notary journals are used (which includes most states.)

Oaths in German?
Some Notary acts such as Jurats, Oaths, or other acts that include Oaths such as swearing in credible witnesses require the Notary to administer an Oath. An Oath for an English language document or German language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in German and the Notary knows German, you can conduct your Oath in German.

How can I get a German language document notarized?
As stated above, some states require the Notary to understand the language of the document while others don’t. However, the language of the notarization itself would be in English. You can find a notary on 123notary who speaks German to assist you in this matter. Just visit our Advanced Search page and look up a German Speaking Notary by zip code!

You might also like:

Find a Notary — who provides 24 hour service on 123notary!
http://blog.123notary.com/?p=4635

Power of Attorney Notarizations
http://blog.123notary.com/?tag=power-of-attorney

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

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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

You might also like:

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

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

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January 17, 2019

Notary Etiquette 104 — Humorous Edition

Filed under: Etiquette — Tags: , — admin @ 10:11 am

Here is a humorous version of our etiquette course for your laughing pleasure.
Return to Table of Contents for – Notary Etiquette 104

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1. Dress for success
Wearing a smile on your face, but if you are also wearing a polyester jacket from the 70’s with super wide lapels, you might be the only one smiling.

Ladies, if you’re dressed in such a way that on the way to the signing cars pull up to you and ask how much you charge and you say, “$50 for a signing and an extra $25 if it includes eDocuments. I don’t do oral Notary acts like Affirmations though.” — you might need a new wardrobe.

If you wear flip-flips to the signing, you might be able to flip through a lot of documents, but your business will eventually flop.

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2. Arrive on time
It’s okay to be fashionably late if you are going to a cocktail party, but not to a signing.

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3. Animals at the signing
If there is a parrot in the room that says, “Stop forging his signature — bock!” you might want to get out of there. You should avoid doing Oaths for dogs, they prefer to receive Affirmations (or wuffermations). Cats prefer to take a nap on the documents.

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4. Leaving a business card.
When you give clients your business card, if you crossed out the phone number and wrote in a new number in handwriting — it’s time to print out some newly designed cards. If the email address on your business card ends in “aol.com” it might be time to consider retiring.

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5. Answering the phone during a signing
Its’ a bad idea to have phone calls during the signing. It’s an even worse idea to have them hear your heavy breathing. It’s even worse if the phone call is from your borrower’s ex-girlfriend or mistress.

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6. Don’t discuss religion at the signing.
If you start the signing with, “Those damn Quakers, they’re not as friendly as they claim to be, and grey went ou in the 70’s.” — you might be in the wrong profession and should probably convert from Quakerism to Catholicism.

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7. If your signer’s mother tongue isn’t English
It is generally a bad idea to mimic your signer’s accent at a signing. Wait until after the signing. Unless you have a document that is going to the Russian Consulate… then read it with thick Russian accent comrade!

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8. Confirming the signing
When confirming the signing it is a good idea to ask, “Are you high? Are you going to be high at the signing? Can I have some, man?” But, only do that if you are in a state where marijuana is legal otherwise you might be sorry. If you are going over their ID over the phone ask, “Do you look high in your ID photo?”

9. Middle initials
If the signer doesn’t want to sign with their middle initial, give them the finger… the middle finger! Just kidding. Just explain why they need to sign with their middle initial, and then after you are leaving the house, then give them the finger. There is a proper order to these things.

10. Don’t give opinions about the loan.
When you are at a signing, don’t comment about their interest rate such as, “Wow man, that’s a great rate… My brother just got a loan and his rate was way higher than yours. I’m so bummed out about that. I wish we could have gotten 4.5%. I’m going to call my brother right now and tell him what a loser he is.” It’s also not a good idea to say, “Wow, look at those terms, you’re getting ripped off dude, totally ripped off.”

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January 5, 2019

A forged Notary seal ends someone up with a prison sentence

A man from Glendale, CA earned himself a ten year prison sentence by forging a Notary seal in an attempted to conduct a 5.4 million dollar Mortgage fraud scheme. There were two co-conspirators who each served sentences themselves. One was for 6.5 years and the other for 4. years.

The fact that the criminal had altered an “authentication feature,” made the sentencing longer according to federal guidelines. The criminal used falsified documents using his false seal to fool county recorders.

Crimes like this involving Notaries engaging in fraud relating to real property (such as houses, etc.) are the worst crimes that a Notary can commit and normally end up in jail time. There are other things Notaries typically do wrong like falsifying dates on certificates which can also get you in a lot of trouble. Notaries typically do not administer Oaths correctly, or at all which can result in your commission being revoked. As a Notary, you really need to consider the fact that if you fool around with your commission, it can be taken away from you.

There was another case where a Sacramento Notary was involved in a 19 million dollar fraud scheme by impersonating NNA’s 2007 Notary of the Year. The perpetrator fled to Lebanon and was arrested upon re-entering the United States. Sampson, the Notary whose name was fraudulently used protected herself by showing her journal to prove that she had not performed those notarizations.

Let this be a lesson to those who say, and often in a whiny voice, “My state doesn’t require journals.” Without that journal, you could be accused of conspiracy in a 19 million dollar fraud scheme or identity fraud, or worse…

You might also like:

See our string of posts about Notary fraud
http://blog.123notary.com/?s=notary+fraud

California man pleads guilty in stolen Notary ID case.
https://www.nationalnotary.org/notary-bulletin/blog/2012/01/california-guilty-notary-id-case

What is the burden of proof for Notary fraud?
https://www.avvo.com/legal-answers/what-is-a-burden-of-proof-for-a-notary-fraud-in-ca-2629309.html

Notary Public Seal
http://blog.123notary.com/?p=21411

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What is the penalty for notary fraud?
Notary Fraud California
Notary Fraud New York
Notary Fraud Florida
Can a Notary be sued for fraud?
Fraudulent Notarization Pennsylvania
Fraudulent Notarization California
Fraudulent Notarization New York
What is the legal charge for witness and notary for fraudulent signatures
What is the punishment for an attorney notarizing a fraudulent document?
What to do about a fraudulent notary signature

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December 19, 2018

Beginner Notaries 103 — Additional Reading List

Filed under: General Articles — admin @ 12:52 pm

Beginner Notaries 103: Additional Reading List
Return to Table of Contents – Beginner Notaries 103

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Are you starting out as a mobile notary and don’t know which direction to turn? We know where you should turn and what you should read. So, indulge yourself in this reading list.

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

Notary information for beginners — best posts
http://blog.123notary.com/?p=10472

Why you should consider getting 123notary Elite Certified
http://blog.123notary.com/?p=20094

Real Life Notary Scenarios
http://blog.123notary.com/?p=19681

The 123notary 30 point course
http://blog.123notary.com/?p=14233

Signing Companies that hire new Notaries
http://blog.123notary.com/?p=7059

How to become a successful mobile notary from scratch
http://blog.123notary.com/?p=13340

Is having an NNA background check necessary for work?
http://blog.123notary.com/?p=10385

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

5 or 6 reviews doubles your business
http://blog.123notary.com/?p=8484

A comprehensive guide to Notary pricing
http://blog.123notary.com/?p=16504

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

Signing Agent Best Practices
http://blog.123notary.com/?p=4315

Basic technical information for new Notaries
http://blog.123notary.com/?p=10472

Cattle Call Notary Offers
http://blog.123notary.com/?p=9841

$30 loan signings — is it worth it?
http://blog.123notary.com/?p=10456

2014 excerpts from great notes sections
http://blog.123notary.com/?p=13613

Wannabe #1 on 123notary? Consider this first
http://blog.123notary.com/?p=9332

What’s your monthly marketing plan?
http://blog.123notary.com/?p=9683

Names for Notary businesses with commentary
http://blog.123notary.com/?p=20765

Tips for avoiding liability with the elderly
http://blog.123notary.com/?p=20040

How much E&O do I need?
http://blog.123notary.com/?p=20183

Who is the authority at a signing?
http://blog.123notary.com/?p=20175

What’s your sign? A guide to spotting fake ID
http://blog.123notary.com/?p=19638

Winging it as a Notary
http://blog.123notary.com/?p=19644

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

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

10 risks of being a mobile notary public
http://blog.123notary.com/?p=19459

Airplane meals vs. Oaths and Affirmations
http://blog.123notary.com/?p=19549

Ken’s list of things Notaries might goof on
http://blog.123notary.com/?p=19427

Most of what Jeremy and Carmen at 123notary offer all day is free!
http://blog.123notary.com/?p=19359

When to refuse a notarization – a comprehensive guide
http://blog.123notary.com/?p=18974

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

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You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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November 13, 2018

The Delaware Oath revisited

Filed under: Technical & Legal — Tags: , — admin @ 10:22 am

I have started asking questions that intentionally lead you into going off on an unnecessary and illogical tangent. Notaries go on tangents all the time. So, if I have multiple choice answers or questions that would lead an illogical person off track, I get to see who is on the ball and who is not. Here is a scenario that I ask about a lot.

An Affiant appears before a Notary and asks for an Oath on a document that says, “I live in Delaware.”
The Notary declined the job because the Notary is an Illinois Notary, and not a Delaware Notary. What did the Notary do wrong and what should the notary have done?

COMMON ANSWERS

1. The Notary should have checked the ID.
If you are going to decline a Notary job, checking ID will not help. If your state requires identification for Oaths (most if not all probably do although I don’t know that for a fact) then identify the person and keep a journal entry.

2. Just change the venue to Illinois.
The document has no venue. It just says, “I live in Delaware.” The word Delaware is part of a statement and not a venue. If your state requires a certificate for Oaths, the certificate would have a venue, but most states do not have certificates for Oaths. No certificate = no venue.

3. He should look up Delaware wording
There is no state specific wording for Oaths in any state that I have heard of. Check your handbook for a real answer as I am not educated in state notary law although I read ALL the handbooks from all states regularly. An Oath is just an Oath and the notary or signer have the freedom to word it and craft it as they see logical and appropriate.

4. He should use Illinois wording on the Oath.
Once again, you do have to follow the notary laws in your state regardless of where a document is going to be recorded or where the custodian of the document is located. However, the document is NOT a Delaware document. It is a document that has no location at all — it merely states that the Affiant lives in Delaware.

5. The Notary should say, “Do you solemnly swear that you live at such and such an address in Delaware so help you God?”
This Notary is adding content that is not on the document. You can’t do that. Just administer an Oath as to the content of the document.

6. Add a Jurat
In this question you are giving an Oath only if you follow instructions. Oaths do not have Jurats, but Jurats have Oaths or Affirmations. You were not given permission to add a Jurat either, and might be considered UPL to choose the Notary act on behalf of the Affiant.

7. Just give an Oath.
The correct answer is to just give an Oath based on the content of the document. There is no state specific wording necessary. You could say, “Do you solemnly swear that the contents of this document are true and correct?” Then the Affiant must say, “I do.”

This question is really an easy question that tests whether you do your job, or get sidetracked by inconsequential details. You would be surprised at how many notaries just cannot do their job the minute they get distracted by something tiny that throws them off.

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