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March 17, 2019

How do I find a German speaking Notary Public?

Filed under: Public Interest — Tags: German Speaking Notary — 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!

March 16, 2019

Wells Fargo Power of Attorney Form

Filed under: Power of Attorney — Tags: Banking Power of Attorney — admin @ 9:59 am

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Wells Fargo as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Wells Fargo might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Wells Fargo Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Wells Fargo Power of Attorney Form?
Once again, please contact Wells Fargo customer service.

February 10, 2019

Proof of Execution

Filed under: Notary Acts & Certificates — Tags: Proof of execution, Subscribing Witness — admin @ 10:48 am

What is a Proof of execution? This is an unusual Notary act that few Notaries have ever done. Yet it is allowed in roughly 45 of the 50 states. A Proof of Execution is an act where a Principal signer signs a document in the presence of a Subscribing Witness. The Subscribing Witness then soon after swears under Oath before a Notary Public that the principal signer signed the document in their presence. This type of notary act is prohibited for Deeds and Powers of Attorney, but for less critical documents is allowed.

You might also like:

Proof of Execution and basic notary acts in Notary Public 101
http://blog.123notary.com/?p=19500

Which Notary act does not require the personal appearance of the principal signer?
http://blog.123notary.com/?p=19668

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Glossary Proof of Execution
http://www.123notary.com/glossary/?proof-of-execution

Glossary Power of Attorney
http://www.123notary.com/glossary/?power-of-attorney

Comments (1)

September 2, 2018

Bank of America Power of Attorney Form

Filed under: Power of Attorney — Tags: Bank of America Power of Attorney, Bank of America Power of Attorney Form, Banking Power of Attorney, How do I get a Bank of America Power of Attorney?, Power of Attorney — admin @ 9:08 am

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Bank of America as well as an Attorney.

Additionally it is possible that Bank of America might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Bank of America Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Bank of America Power of Attorney Form?
Once again, please contact Bank of America customer service.

Other Links:

Legal Zoom Banking Power of Attorney Information
https://info.legalzoom.com/gain-access-bank-accounts-power-attorney-25538.html

Finding out your Power of Attorney is powerless NY Times
https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html

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

Power of Attorney (string of blog entries)
http://blog.123notary.com/?tag=power-of-attorney

Comments (1)

June 3, 2018

Index of information about documents

Filed under: (4) Documents — admin @ 2:12 am

Here is an index of posts about commonly notarized documents as well as documents that might show up in a loan signing that are of interest to Notaries.

May 4, 2017

Where can I find a Spanish Speaking Notary?

Filed under: Public Interest — Tags: How can I get a Spanish language document notarized?, Notaries who speak Spanish, Notary Spanish, Spanish Notary, Spanish Speaking Notaries, Spanish speaking notary, Where can I find a Notary who speaks Spanish, Where can I find a Spanish Speaking Notary — admin @ 10:52 pm

Where can I find a Notary who speaks Spanish?
Look no further. 123notary.com has many Spanish 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 Spanish, Japanese, Vietnamese, American Sign Language, or more! In fact, we have Spanish speaking Notaries in almost all states and metros by the dozen! Additionally, we have a search filter directly above the search results where you can check the Spanish box and find only Spanish speaking Notary service providers.

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

Notary Spanish — 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 Spanish?
Notaries may Notarize a document that is in Spanish, 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 Spanish?
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 Spanish language document can be performed in the language of your choice. If the signer or affiant feels more comfortable in Spanish and the Notary knows Spanish, you can conduct your Oath in Spanish.

How can I get a Spanish 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 Spanish to assist you in this matter. Just visit our Advanced Search page and look up a Spanish 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

Where can I find a Vietnamese Speaking Notary?
http://blog.123notary.com/?p=18816

Is it better to be “bilingual” or speak Spanish?
http://blog.123notary.com/?p=19264

Comments (2)

April 19, 2016

Good Deed Bad Deed

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (A little),Popular on Facebook (shares) — Tags: Deed of Trust, Grant Deed, Quit Claim Deed, Warranty Deed — admin @ 2:49 am

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

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

Comments (0)

January 6, 2015

Notarized Limited Power of Attorney

Filed under: Power of Attorney — Tags: Call a notary, Limited Power of Attorney, Notarized — admin @ 4:00 am

If you need a Notarized Limited Power of Attorney, keep in mind that step one is getting your document drafted. That needs to be done under the supervision of an Attorney. Please don’t ask a notary to draft a legal document! Once drafting a Limited Power of Attorney is complete, then it is time to call a notary public.

Any notary public can notarize any type of document other than a vital record. Just call a notary, make sure your government issued photo-ID is ready, and have them notarize your signature on the Power of Attorney. And remember, not to ask the Notary any legal questions as it is illegal for them to give you any legal consultation! They are just the notary!

Good luck getting your Limited Power of Attorney Notarized!

You might also like:

Notarized Power of Attorney
http://blog.123notary.com/?p=9862

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

Comments (2)

January 6, 2014

Can a Notary notarize a Will or Living Will?

Filed under: Best Practices,Loan Signing 101,Popular on Facebook (some),SEO — Tags: beneficial interest, Financial interest, Notarize, Notarized, Notary, Witness a Will — admin @ 12:11 am

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

You might also like:

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

Comments (6)

October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

There is always some confusion about the legality of copying and notarizing official documents. You cannot notarize a birth certificate, marriage or death certificate. There is no official certification procedure for getting a certified copy of a passport. California notaries can make a certified copy of a power of attorney, but that is the only type of document that you can get a certified copy of. So, what type of notary act can you do to notarize that copy of your passport?

There is a notary act called a copy certfication by document custodian. This is basically a Jurat with some unique wording. It makes the sign swear under oath to the accuracy and completeness of the copy. It is common for students to have copies of transcripts notarized using this procedure. I used the copy certification by document custodian form regularly when I was a notary since it was the only way to accommodate requests for copies.

Many notaries do not carry the form for the certification by document custodian Jurat procedure, so if you need this done, figure out ahead of time whether or not the Notary has the forms that are acceptable to whomever you are submitting your document to as they are the boss in a sense.

You might also like:

Notarize copies of passports (Forum)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=1904

Can a resident alien card be used for a notarization?
http://blog.123notary.com/?p=8282

A California Notary Acknowledgment goes to Taiwan
http://blog.123notary.com/?p=6981

Comments (2)

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