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April 19, 2024

Unlocking the Mysteries of Digital Notarization

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

In an era where nearly every transaction, from business deals to personal estates, can be executed online, the concept of notarization, once a stronghold of the physical world, is rapidly evolving. Today, a digital notary stands as a modern sentinel, guarding the integrity of important documents. But how does a digital notary work? Read on as we dissect the complexities of this digital transition.

What is Digital Notarization?

Gone are the days when notarization meant juggling paper and pen at the doorstep of a solemn official. Digital notarization, or online or electronic notarization, involves the notarial act performed via the Internet. This means that instead of meeting in person, the notary and the individual requiring services connect digitally. The process uses electronic signatures and notarial seals, making it convenient and secure.

So, How Does a Digital Notary Work You Ask?

To comprehend how a digital notary works, it’s important to explore the key components of the process:

  1. Identity Verification: The first step in digital notarization is verifying the identity of the person signing the document. This is typically done through knowledge-based authentication (KBA), where the signer answers several personal questions. Some systems also use biometric verification, such as facial recognition.
  2. Document Signing: Once identity is confirmed, the document to be notarized is signed electronically. Both the signer and the notary use unique and verifiable digital signatures.
  3. Audio-Visual Technology: The entire notarization process is conducted over a secure audio-visual connection. This allows the notary to interact live with the signer, ensuring that the document is signed willingly and without duress.
  4. Recording and Storage: Digital notarization sessions are recorded and securely stored. This record serves as evidence of the notarization and can be crucial in legal disputes.
  5. Electronic Notarial Seal: The notary applies an electronic seal to the document, which is legally recognized and equivalent to a traditional stamp or seal.

Advantages of Digital Notary Services

The advantages of digital notarization extend far beyond just proving the past. They bring convenience to the present, integrating seamlessly into our digital workflows. But more significantly, they herald a future where the sanctity of documents is safeguarded with the harmonious symphony of technological innovation and tried-and-true principles.

Convenience Without Compromise

Consider the toil of managing paper documents in bulk or the logistical hurdles of getting them notarized—digital notarization bypasses all that. With a digital notary’s seal, your documents now have the proverbial ‘fast pass’ through the bureaucratic maze, reducing wait times and allowing for swift adjudication.

Security in a Dynamic World

While the concept might seem intangible, digital notarization’s security is rock-solid. The technology’s foundations are based on encrypting data, ensuring the privacy of the contents, and time-stamped immutability, meaning the document’s integrity is safeguarded more meticulously than the crown jewels.

Embrace Digital Notarization Today

Understanding how does a digital notary work is essential for anyone involved in legal or financial transactions. Digital notarization simplifies the process by making it faster, more secure, and accessible from anywhere. With the growing reliance on digital solutions, the ability to notarize documents digitally is a valuable tool for both homeowners and business owners. Remember, the notarization date on your digital document certifies the validity just as a traditional stamp would, marking a significant step in embracing digital advancements.

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February 2, 2024

Common Notary Mistakes and How to Avoid Them

Filed under: Notary Mistakes — Tags: — Tom Wilkins @ 12:00 am

In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.

1. Failing to Identify Signatories Properly

One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.

2. Neglecting to Record Entries in the Notary Journal

A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.

3. Improper Use of Notary Seals

The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.

4. Overstepping Notarial Boundaries

Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.

5. Incomplete or Incorrect Notarization

Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.

6. Not Understanding State-Specific Laws

Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.

7. Ignoring the Signer’s Willingness and Awareness

A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.

How to Avoid These Mistakes

Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.

Ensuring Legal Integrity in Every Transaction

Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.

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January 14, 2022

Psych Notary Episode

Filed under: Best Humorous Posts,Popular on Facebook (some),Popular Overall,Sit-Coms — Tags: — admin @ 11:54 pm

This was originally published many years ago.

There is a sit-com on Ion television that you can sometimes get on other cable stations called Psych. It’s about a psychic Shawn Spencer and his sidekick Burton Guster. In any case, the psychic is a fake half the time who sees real clues that nobody else saw him see and then pretends to have a vision.

In this episode, a Notary is found dead and his stamp is found missing. The detectives arrive on the scene.

LASSITER: The body is dead — and it’s cold. It could have been lying here for a good seven to ten hours in my estimate. The cause of death seems unclear.

JULES: Let’s take the body to the lab and see if there is any sign of food poisoning. The victim seems to be a Notary Public, and you know how those type of people are — you know — eating on the road on the run.

SHAWN: You’re right. He might have eaten a poisoned fish filet or….wait a second, I’m getting something… (puts his right two fingers to his head) This MAN, did not die from accidental food poisoning (pause)… he was murdered.

LASSITER: You and your unsubstantiated hunches. I just can’t stand it. And what’s worse is that you’re right more than half the time.

SHAWN: Some people say that I’m talented. Oh, and I’m sorry about your tragic breakup.

LASSITER: Yeah… so am I. I really fell for her.

SHAWN: Don’t despair Lassie, there are other fish in the sea… and coral, particularly Staghorn coral.. and sometimes Pillar coral, and it really sucks when that filmy type of algae gets stuck on the coral.. hmmm. I wonder how that happens. But, I digress. My point is that I’m sure you’ll find someone else.

GUS: Yeah… You’ll find someone. Algae on coral? Ain’t no algae on coral.

SHAWN: I’ve seen it. At least half a dozen times.

GUS: Where?

SHAWN: Snorkeling

GUS: Since when do you snorkel?

SHAWN: I snorkel… Why, you didn’t think I snorkeled? I’m a snorkeler. And I can communicate with fish too. Watch this (puts face near the fish tank and blows bubbles in the air) bubble bubble bubble… See. I told you. I am all about the sea.

JULES: Well, we’ll have to inspect the scene thoroughly and then round up some suspects. Hmm. It seems that this man is a Notary, yet his Notary seal seems to be missing. Perhaps this Notary was murdered to cover up a botched notarization.

LASSITER: Or perhaps the Notary had an exclusive contract with his boss, and his boss found out….

SHAWN: That the Notary was cheating on him… I think you’re projecting, Lassie. Your ex-girlfriend.

LASSITER: She never cheated on me! She was arrested for conspiracy.

SHAWN: Sure she didn’t. I understand. We need to know who the last one who was in the room was — and that man (or woman) will be… the killer.

GUS: What if there were two of them.

SHAWN: Okay… I’m getting something. (puts right fingers to side of head). I know who the killer is… or should I say… “Killizz”

LASSITER: According to this security footage, a well known gangster named Tommy Walker was the last man to come here.

SHAWN: Wait a second, I recognize those finger tattoos. Put them all together, one one hand is says love, and on the other hand’s fingers it says hate. And mom told me not to use four letter words. The killer had a document missing a page and the Notary refused to sign it. So, the killer murdered the Notary, stole the Notary’s stamp and backdated the notarization so that it would APPEAR to have been done long before the murder even though it would not be recorded until after because of some last minute travel arrangements gone bad.

JULES: How do you come up with this?

SHAWN: I have a natural gift.

(Meanwhile the main suspect Tommy Walker, a hardened criminal is at home eating fruit loops and watching the muffets when our dynamic team of sleuths barges in)

LASSITER: (pointing gun) You’re under arrest for the Murder of John Q Smith, Notary Public at large.

TOMMY: I didn’t kill him. He just died shortly after our Notary appointment.

SHAWN: Ah-ha, but your Notary appointment yielded no actual notarization. Or did it. Wait a second… I”m getting something (see’s notarized form in the bag) I see a … win a trip for two to Disney Land…

GUS: Shawn!

SHAWN: Oh, sorry, no… check right behind the Disneyland document and you will find the incriminating document. Yes… A falsified Power of Attorney with a classic missing page… The NNA warns people about that type of situation.

JULES: Oh my God Shawn. You’re right. This Notarization was dated several days ago, but the ink is still fresh.

SHAWN: Caught… in the act. And… we happen to have access to this Notary’s Notary journal which has no record of your transaction on May 5th, “el cinco de Mayo” of the Power of Attorney in question. Which proves that either the Notary kept lousy records, or that you faked the notarization. We’ll have to take the form to the lab so that Woody can inspect the ink for aging.

TOMMY: Okay, I did it. I stole the Notary’s seal, but I didn’t kill him. The killer

SHAWN: Or “Killizz”

TOMMY: is STILL at large. We’ll have to wait for the autopsy. In the mean time… hello travelocity.

JULES: Not so fast. We have the right to detain you until we resolve this.

GUS: Good thing this Notary kept good records because many Notaries on 123notary don’t think they need to keep a journal since their state doesn’t require it. And the ones in California who are required, don’t understand that each document and signature require their own journal entry. You can’t just put them all on the same line and expect that to be a legal record.

SHAWN: How do you know all this?

GUS: Because I used to be a commissioned Notary Public for the state of California, County of Santa Barbara — thank you very much for asking.

SHAWN: Oh cool, so can you notarize my stuffed penguin I’ve had since childhood?

GUS: You never had a stuffed penguin.

SHAWN : Did too, you just never saw it.

GUS: Where did you keep it?

LASSITER: Gentlemen, let’s be done with this inconsequential rambling and get to the task at hand. We need to take Tommy into custody and then question him. Meanwhile, we need to see Woody to see what the autopsy reveals.

WOODY: Hmmm, I’ve checked the body thoroughly and it seems that the Notary was administered a tiny amount of poison that would make him drowsy for just the amount of time it would take Tommy to borrow the Notary’s seal, stamp a document, return the seal and then leave. Tommy probably figured the Notary wouldn’t suspect a thing. HOWEVER, since the Notary had an allergy to some of the chemicals in the poison, the Notary died on the spot. Although the death was accidental, the poisoning was not.

LASSITER: Involuntary manslaughter. Tommy will get a much shorter sentence. A petty crime gone wrong.

SHAWN: Couldn’t the Notary die on an x, or on a dotted line instead of on the spot. Wouldn’t that be cooler.

GUS: Shawn! A notary can’t die on an x marks the spot. That’s ridiculous. He could die on a chair.

SHAWN: Or a gezebo. Or … wait a second, or a pagoda. But, that would probably only be a Japanese Notary.

GUS: Unless it was an American tourist Notary who was on vacation in a place where there are pagodas.

SHAWN: True, but would the American Notary carry their seal with them to Osaka to a pagoda and then just die there?

GUS: I don’t know. But, the Notary seal might drop out of his bag while he was bowing. When Americans bow, they bow too low. Japanese bow just a little bit — just the right amount.

SHAWN: How do you know so much about bowing?

GUS: I studied Hokkaido style karate — that is how I know. And if you studied that too, the knowledge would come from within you.

SHAWN: Right now the only thing coming from within me is an intense desire to eat a pineapple. Wanna share one?

GUS: Okay!

LASSITER: You guys are both insane. But, we cracked the case and we can all go home now, except for Tommy who’s going to do some real time.

SHAWN: Yes, unless he also finds a way to backdate his prison sentence!

.

You might also like:

Best Virtual Comedy Compilation Updated 2018
http://blog.123notary.com/?p=17693

See our string of Psych episodes
http://blog.123notary.com/?tag=psych

Psychic – Notary Psychic Tarot Card Reading
http://blog.123notary.com/?p=19126

Suicide – Notary Suicide Hotline
http://blog.123notary.com/?p=6995

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January 21, 2021

What if you have more than one county in a venue?

Filed under: Technical & Legal — admin @ 1:26 pm

How would this happen? If you have two signers being notarized on one document, but they are in different counties, but the same notary is notarizing both of them on the same day, then you might have two counties in one venue.

On the other hand, it might be more kosher to use two Acknowledgment forms, one per person, and one per county. It might look odd if the document gets recorded at the county recorder’s office if there are two counties. It might raise eyebrows.

In my experience, I have only indicated two counties on one certificate once in my career. I had to ask someone at a signing company how to do it. My notary course never said that you could do that but also never said that I could not. Hmm. One of those things.

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November 2, 2020

Notary Verbiage & Notary Wording

Filed under: Popular on Facebook (A little),Technical & Legal — Tags: , , , , — admin @ 11:07 pm

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

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

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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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April 11, 2018

Letter to Donald Trump about the State of the Notary Industry.

Filed under: General Articles — admin @ 10:21 am

Dear President Donald Trump,
You have initiated this wonderful idea of draining swamps. I will inform you that the state of the Notary industry in forty-nine of the fifty states in the nation is a big swamp, except in Florida where it is more of a glade(s).

A well thought out political system should had a network of checks and balances. The minute an organization is not checked, it can run wild and get away with endless mischief or negligence. This is how I believe the Notary industry is at this point. The Notary divisions are generally not watching their Notaries, and the Feds are not watching the Notary divisions at all. The result is rampant ignorance, fraud and criminal activity on the part of Notaries generally done out of negligence. But, why should you or anyone else be especially concerned? In short:

Notary Agencies need to be regulated by the Feds to reduce the incidence of very damaging fraud, perjury, and general ignorance.

.

1. Journals and Property Fraud
If someone impersonated a Notary, the impersonator could sell one of your $300,000,000 properties without your consent and get the Deed recorded. Since in NY State, a notary is not required to keep a journal, the fraudulent sale would not have any particular paper trail back to the notary’s journal who was impersonated. Such an instance would cause immeasurable grief to you and all involved which is why it behooves Federal Law to include statues about keeping journals that all states must abide by or be fined, etc. Journals are very good record keeping tools for notaries, because the name of the individual signing, the name of the document date, time, etc., can be notated. But, a thumbprint can also be taken which can help find someone who gave a fake ID to a Notary. Fake ID’s do not surface more than 1/5000 notary appointments in my experience. But, if a serious act of fraud is done using one, you need a paper trail that can help investigators find the perpetrators. The journal can help prove who did what and when and help prove if a document was falsely notarized.

2. Perjury and Felonies
It is considered by some to be a felony if the Notary claims in writing to have given an Oath to an affiant when in fact they did not. Many Notaries fail to administer Oaths when legally required on a daily basis which means they could be considered a serial felon. A felony is a serious offence, and felons are generally barred from becoming notaries in all states. The fact is that none of the states bother to quiz their notaries on whether or not they administer Oaths, and whether or not those Oaths are relevant, or worded appropriately (or logically.) In my experience, 70% of notaries do not administer Oaths and the other 30% very rarely administer correct Oaths.

3. Mandatory Journal Thumbprints for Deeds
For Deeds affecting real property and Power of Attorney documents, a journal thumbprint can safeguard the transaction from serious fraud. Journal thumbprints are discouraged in Texas and Florida because the governments do not trust Notaries to be custodians of such information. It is feared that the notaries will engage in the unlawful distribution of these biometric data for fraudulent purposes. My opinion is that Notaries should be trusted as much as police, Attorneys, military personal and Judges. If not, then the notary should not be commissioned as a notary to begin with. Few states require thumbprints, but in my opinion all states should

4. Mandatory training and quizzing
Few Notaries know what they are doing (I quiz them which is how I know). Therefor, a simple solution would be for all states to have a Notary class, written test and hands on test. Some states have a day long class. However, I believe that to attain mastery of the Notary profession, between two to four days of class are necessary and should go over theoretical knowledge as well as hands on training. Mastery of what to do when an unusual situation comes up is also critical as Notaries are often asked to do unlawful things and should become experts at saying no to illegal requests. Notaries should also be able to discern between an unusual request and an illegal request because many notaries illegally decline acceptable requests which is a moderate problem. Additionally, Notary divisions should audit notaries from time to time when the Notaries are not expecting it just to keep everyone honest.

.

My request is that you require the Notary divisions to verify that:

1. All Notaries commissioned in their state keep a journal with thumbprints (will require changes to statutes).

2. All Notaries know how to administer Oaths and Affirmations

3. All Notaries know how to correctly fill out notarial forms completed

4. All Notaries know which types of typical requests are legal and which are not.

.

Since there are so many thousands of notaries in each state, this might be time consuming, but it is very necessary. Additionally, it would be beneficial to the industry to have:

1. A minimum fee of $25 per Notary appointment to ensure more applicants feel an incentive to apply for a Notary commission.

2. Fewer Notaries per state so that the states can pick those applicants with higher test scores to keep the average quality high

3. Official minimum fees of at least $25 for travel and $20 waiting time (if at a hospital or situation that merits more than ten minutes waiting time) that must be paid up front at the door to ensure that Notaries will not have their arm twisted to do illegal acts under the duress of not getting paid their travel fee (a very real issue which happens a lot.)

Thank you for your consideration.
Sincerely,
Jeremy Belmont
123notary manager

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November 30, 2016

Notary Acknowledgment Wording

Filed under: Popular on Linked In,Technical & Legal — Tags: , , , , , — admin @ 11:11 pm

If you are a Notary, or want to get something Notarized, you will have to deal with Notary wording and perhaps Notary Acknowledgment Wording. There are various types of Notary acts, and Acknowledgments are the most common with Jurats in second place. The process of getting something notarized normally involves the signer personally appearing before a Notary Public, showing ID, signing a journal, etc. The Notary needs to fill in the notary wording on the certificate and then sign and stamp the paperwork. Here are some facts about Acknowledgments.

(1) Certificates
The instrument that contains Notary Acknowledgment wording is called a “Certificate.” A certificate can be a separate piece of paper that is added by staple to a legal document. Or, the certificate wording could be embedded in the document below the signature section. In either case, the Notary certificate must contain notary verbiage specific to the state requirements where the notarization is taking place. The format of the certificate typically includes a venue, body of the acknowledgment and then a signature area at the bottom. There is often an additional or optional information section as well. The Notary’s seal must be affixed near the signature section of the certificate whether it is a loose certificate or boiler plate wording embedded in the actual document.

(2) State Specific Wording
If the notarization is being recorded in one state, but being notarized in another, then the Notary Acknowledgment wording must be substantially similar to the approved and required state wording where the document is being recorded. Notary Acknowledgment Wording differs from state to state. You can Google your state’s Notary wording if you like, or visit our find a notary page for more detailed information.

(3) Jurats
Please also keep in mind that some people call all Notary forms a “Jurat” while a real Jurat is substantially different from an Acknowledgment as it contains an Oath (by definition) and requires signing in the presence of a Notary. State rules for Jurats also differ from state to state, so you need to find out what the rules are in the state that you are being Notarized in are.

(4) Sections in an Acknowledgment

(a) Venue (State of Nevada; County of Clark)
(b) The words, “Appeared before me”
(c) The date (i.e. 08-04, 2012)
(d) That the signer acknowledges signing the instrument that their name is subscribed to within
(e) Name of the signer and the notary.
(f) Proof of identity of the signer
(g) Signature (seal) of the notary
(h) A place for the notary to affix their official notary seal.

(5) Optional Information
There is also an additional information section on Acknowledgments where you can indicate the number of pages in the document, the document name, and other identifying factors. To deter fraud, it is a prudent habit to fill out as much additional information as possible and even get a thumbprint on the certificate as well as in the journal.

(6) Sample Acknowledgment Wording

State of California
County of Los Angeles

On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

—————————————— (affix stamp here)
(Signature of Notary)

.

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November 29, 2016

Subordination Agreement

Filed under: (4) Documents — Tags: , — admin @ 10:24 am

What is a Subordination Agreement?
A Subordination Agreement is a notarized document that establishes the order of liens against a property. If the property owner defaults in a payment resulting in a bankruptcy, the lien mentioned first in the subordination agreement gets paid off first from the proceeds.

If you are refinancing your first mortgage and have an existing second or home equity line, one could “subordinate” the second mortgage: request that your second mortgage holder go back into the second lien position when you replace your existing first mortgage with the new refinance loan. The Subordination Agreement is the document used for this purpose. The Subordination Agreement always needs to be notarized and recorded with the county recorder.

How can you notarize a Subordination Agreement?
The Subordination Agreement is commonly notarized with an Acknowledgment. You would need to personally appear before a Notary Public with this document signed by you. Then, you would sign the Notary’s journal (in most states) and acknowledge that you signed the document. You would need to be identified by the Notary with a driver license, passport, or other current government issued photo ID with a physical description. Then the Notary would fill out the Acknowledgment wording, sign and seal the paperwork, and you’re done. This document needs to be recorded at your county clerk’s office as stateed above!

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September 20, 2016

Their Signature

Filed under: Ken Edelstein — Tags: , , , , , , — admin @ 11:27 am

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

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