You searched for recording fee - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

April 4, 2018

123notary Elite Certification Study Guide

Filed under: Loan Signing 101 — Tags: , — admin @ 12:24 am

.

ELITE CERTIFICATION

To get elite certification, you need to do well on the regular certification topics, and then know a lot more. Here are the items we quiz about for elite certification. We test by phone for the elite, and if you study hard and know your basic documents, scenarios, and Notary knowledge plus the content on this page, you could pass.

.

Documents you have to understand intimately

Recorded Documents
Riders
Subordination Agreement
Residency Affidavit
Owners Affidavit
Deed of Reconveyance
Deed of Trust
CD & HUD-1
Please read the details of the required documents. Read more…

.

Procedures or Acts to Understand

Signature by X or Mark — read more…
Apostilles and Authentications — read more…

.

Other Terms or Information
Please click on the links below to get detailed information on the following points.

The term Elizor — read points 23 on this link. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate in court.

Explaining beneficial & financial interest. A Notary may not have beneficial interest or financial interest in anything he is notarizing. A beneficial interest could be construed as …

Federal Holidays in chronological order (memorize these). Let’s start with New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day …

Fraud Prevention & types of fraud that happen in the Notary world. Falsified identification, incorrect dates on certificates, using someone else’s Notary seal …

Authority – Who has the highest level of authority if there is a question about a notary act or document at a signing? The Notary is the authority as to how a notary transaction happens, but…

Annual Percentage Rate — a detailed understanding is required. The APR is based on the amount borrower after certain (but not all) fees and closing costs have been deducted, and expressed as a …

Pros & Cons: — Adding an Acknowledgment rather than fixing the original. if there is a mistake on a preprinted form. It is cleaner to add a new form, but there can be recording fee issues involved…

What to do if John & Sally’s names are inscribed in an Acknowledgment by the Lender and Sally can’t make it. — Cross out or add a new form? This is similar to the last point, but there are some extra snags…

Handling name variations and discrepencies such as: ID Name, vs. Typed Name, Signature on Doc, and Name on Ack. Relationship between these names if they don’t exactly match. The main thing is to obey the law first…

Understanding dates such as: Transaction Dates, Signature Dates, Rescission Dates, and Document Dates… A transaction date is the same as a signature date, but a document date is arbitrarily chosen, but by whom?

Loan Signing FAQ’s that Borrowers ask. FAQ’s have been greatly reduced by Lenders being required to explain documents to the borrowers in advance. But, you still might be asked why the APR is …

.

Share
>

April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

.

You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

Share
>

April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

Cross out and initial or use a fresh form?
http://blog.123notary.com/?p=19933

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

Share
>

April 11, 2015

Point (17) The APR; Marcy Practices Explaining the APR

Marcy’s husband came into the room and said, “It sounds like a broken record in here, what are you doing?” Marcy, having grown up with CD’s couldn’t understand the analogy. Marcy informed him that she was practicing explaining the APR. But, that the definition was long and complicated, so she had to keep saying it over and over until it was natural. Then, tomorrow she planned to do the same thing. You get in practice, and you get out of practice just as easily, so Marcy decided to always be at the top of her game.

That night while they were sleeping, Marcy started talking in her sleep, “It doesn’t include closing costs… it is compounded annually.” If her husband hadn’t already been asleep, he wouldn’t fallen asleep from such a boring rant. Her husband was sleeping during this episode, but his subconscious heard everything and he started talking in his sleep saying, “Why can’t she just stay home and take care of Chuckie? snore…. snore… Chuckie…. snore…”

So, Marcy got to her next signing. They went through the documents. Then, she said, “Do you want me to tell you why your APR is higher than your Rate?” The borrower said, “Actually, our Lender already told us.” Marcy realized that her borrowers knew more than she did about loans. But, she didn’t regret practicing. It was one less thing to screw up on some future loan. At this point Marcy didn’t care how often she had to know something, she just didn’t want to screw up and lose her self-respect. It took about seven more signings until she had a borrower who was very confused. Marcy rattled off her definition of the APR and the borrower had to ask her to repeat it slowly. After a few tries the borrower kind of understood the inverse relationship of the equation and how some of the fees and closing costs were deducted. Marcy had memorized exactly which fees were included or excluded from the formula for calculating the APR and people were very impressed with her knowledge. A few asked her if she was an Escrow Agent.

Marcy was also smart by including a disclaimer in her speech stating that her explanation of the APR was a general one and wasn’t necessarily applicable to the borrower’s particular transaction in all ways.

The next thing you know the borrowers were asking Marcy for legal advice. Once again, Marcy played her cards correctly and told them that she was not an Attorney, and that she could not answer legal questions for them. Then, she suggested that they contact an Attorney. Another smart move. It looks like Marcy went from being clueless to being a very savvy and satisfied Notary in only a few weeks of hard knocks and studying. That night in her sleep, she went “z-z-z-z-z-z.”

.

Point (17) The APR
The APR is one of the most frequently asked about loan terms that exists. Notaries and Mortgage Brokers almost always sound very poorly rehearsed when they explain this very basic concept. To avoid sounding unprofessional, try to memorize as much as you can about how the APR is calculated, and also try to rehearse a comprehensive definition of the APR so that you will appear knowledgeable to clients and to us when we test you!

Quick Facts

(1) The APR is documented on the Truth in Lending Disclosure.

(2) The APR is usually but not always higher than the Rate.

(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.

(4) If you mention that the APR is often used to compare loans, you get points on the phone test.

(5) If you mention that the APR might be compounded, you get points.

(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.

(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.

(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

.

When we ask notaries about the APR, the answers we get are very inconclusive such as:

“It included the fees”
“It is the cost of the loan”
“It has the interest and fees”
“It is different from the Rate because it is annual”

How unprofessional. If you are a professional signer, you need a professional definition.

A Mortgage Company’s definition of the APR
The Annual Percentage Rate (APR) is an interest rate that is different from the note Rate. It is commonly used to compare loan programs from different lending companies. The Federal Truth in Lending law requires that mortgage companies disclose the APR when they advertise a rate.The APR does NOT change or affect your your monthly payments. Your monthly payments are a function of the interest rate as well as the length of the loan. We provide calculators to calculate your monthly payment as well as your APR.

.

Jeremy’s official definition of the APR
The APR is the relationship between the payments and the amount borrowed, minus the fees expressed as a compounded annual rate. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the Rate. The Rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

.

Fees included in computing the APR:
Points (discount and origination points)
Pre-paid interest
Loan processing fees
Underwriting fees
Document preparation fees
PMI – Private Mortgage Insurance
Appraisal Fees
Credit Reporting Fees

.

Fees not normally included when computing the APR
Title or Abstract Fees
Escrow Fees
Notary Fees
Home Inspection Fees
Transfer Taxes
Recording Fees

.

Although my delightful sounding definition of the APR sounds very professional, there is no reason why you shouldn’t come up with your own, and practice it until you sound perfect. One objection that I have is that Notaries sound unrehearsed when talking about the APR even if they have signed 10,000 loans. If you are a professional, then sound professional!

.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (18-24) Technical Points
http://blog.123notary.com/?p=14492

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

.

Share
>

June 22, 2018

How do you get a Power of Attorney Document?

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

.

You might also like:

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

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

Share
>

August 30, 2017

Attorneys bullying Notaries — when does it end?

I get a call from an attorneys assistant in Kentucky. (this office had used me a couple of times previously and had been happy with my work). On this occasion they had a power of attorney- purchase assignment and wanted my assistance. We agreed to a handsome fee. I received the email confirmation of time and place and I call borrower to confirm. I receive the documents a couple of days day before the assignment and as I am going through the notary instructions, i see references made to the notary acknowledgement wording. It states that I must NOT correct or modify the notarial wording on the Mortgage/Deed, (I just love how these folks love to tell us how to do our jobs) as there had been problems with other transactions in the past and they had trouble recording the deeds that had been modified. It was also suggested that I was free to attach my California compliant acknowledgement if I wish but I MUST also complete the notary certificate that they had already partially filled out. (another no-no in my book) I go to the mortgage/deed and it reads: John Doe as Power of Attorney for Mary Doe as her Attorney In Fact. Now, for us California notaries we cannot ‘certify’ a capacity. This means that everything must go but the name of the person that is appearing before us. In this particular case it is ‘John Doe’ and nothing else.

I call the attorneys office and explain this to the assistant and she said I must do it her way because it will not record. She says she is aware of our rules but insist that they have had problems in the past with the recorders office and that I can also, in addition to notarizing the pre-typed acknowledgement add an acknowledgement if I choose too. I tell her that would mean that I was notarizing everything twice and that was not going to happen. I give her 2 choices: 1. I can line through the unacceptable verbiage and initial or 2. I can cross the whole acknowledgement out and then attach a fresh acknowledgement. Her choice. We go back and forth. We are at a standstill. I go to our Secretary of States website and print out and scan to them the section that prohibits us from certifying a capacity. But that still is not enough for them. I start receiving angry calls from the others in the attorneys office as well as the lenders loan officer. All were insisting-even demanding that I do it their way. Frustrated, I told them to just find someone else. They ignored this request and I assume it is because they knew they would have this same problem with another notary.

At this point, I am really at my wits end and I decide that I should call the County Clerk in Kentucky and see what they have to say about this situation. I ask to speak with a supervisor. I tell her my story and she tells me that she has no idea why they felt that it wouldn’t record. She said that her office is very aware of the different notarial procedures by state and she assured me that the mortgage/deed would record. I emailed all parties involved the supervisor’s name and number.
No-one replied.

On the day of the signing, since they refused to choose whether they wanted a fresh acknowledgement or for me to line through the Power of attorney verbiage and initial. I choose for them. I choose option No. 2. and I attached fresh acknowledgements throughout the package replacing theirs. A much cleaner method.

Moral of the story-I stood my ground. I refused to let folks intimidate/bully me to do something that was illegal for me and my state. Notaries you need to know your notary laws and your do’s and don’ts! Now, although this attorney office never called again and I lost a good paying account, I did what I was supposed to do. I did my job.

.

You might also like:

The ultimate recipient
http://blog.123notary.com/?p=19146

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

The war between men and women Notaries
http://blog.123notary.com/?p=3693

Compilation of posts about Notary fraud
http://blog.123notary.com/?p=21527

Share
>

April 12, 2016

Handling Aggressive Callers

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 2:45 am

Handling Aggressive Callers
Perhaps it’s because I live in New York City. Fortunately, the aggressive caller is really a rare event. But, they do occur and it can be a challenge to handle the call. Some want to transfer their problem to a notary, others have exploitation in mind. The worst, due to upbringing or position are used to having things precisely their own way. As notaries we facilitate, within the bounds of reality and legality, their objectives. But, that does not require us to be manipulated.

Our fees are often a point of contention. Some, used to going to the bank and obtaining free services consider mobile notaries on Sunday to be appropriate replacements. Blithely ignoring the fact that expenses and time are incurred going to them, the often demand free or trivial charges. I have been told that as a “public servant” it is my “duty” to acquiesce to outrageous demands. Well, I for one am not any kind of “servant”. It’s a challenge to communicate with these people, but that is what we must do.

Don’t throw gasoline on the fire! An indignant or hostile response to aggression will only escalate the problem. Professional prize fighters know to deflect a punch, redirecting its energy away from them. In a similar manner providing an alternative (to you) notary service often works. I generally suggest the office of the County Clerk – in NY State they notarize at no charge. Be helpful. Even if you do not want this particular client; you can still provide them with some procedural information. It’s not legal advice to suggest they bring Govt. issued photo ID to some other notary. Being helpful will diminish the other persons rage.

Don’t take the bait to respond in kind. Assume a recording device is in use. Make sure that what you say on the phone is accurate and polite. Many “rabble rousers” will quickly disappear when they realize you are not taking the bait. A calm flat professional tone of voice, devoid of emotion works wonders. I have a standard reply for “semi-insulting” comments. I tell them “thank you for sharing your opinion”. Of course true screaming profanity receives an instant hang up.

I had one nut on a vendetta. That person called me 9 times, insisting that I explain in detail the procedure to process an Apostille. After the third call I started a log. With each subsequent call my only response was that I am logging the date and time and my request to not call again. Also, that I would file a criminal complaint for harassment with the police. Now I have Extreme Call Blocker software on the phone. Duds connect for half a second, and then the call is disconnected.

It’s all about being in control of the call; which of course starts with being in control of yourself. I have found that silence on my part often works well. Eventually they say “are you there”? A response of “I was listening carefully to what you had to say and was waiting for when you would give me an opportunity to respond”, politeness does defeat hostility.

There are many possible reasons that you cannot continue to remain on a hopeless call. Perhaps you have a call from France on hold, or you might be booked for the next few days. Generally, the less you say the better. Sometimes frankness works. One aggressive caller chided me for not having a walk in facility. “You are supposed to”. I responded my revenue would not pay Manhattan rent, it was just economically unfeasible. But, sometimes the “devil” on my shoulder gets the better of me. “The only way I could provide you a walk in facility is if you pay the rent!”

.

You might also like:

Unilateral commitments in the Notary profession
http://blog.123notary.com/?p=15812

Notary Respect
http://blog.123notary.com/?p=15367

Share
>

November 4, 2013

How much can a California Notary Public Charge?

Notary Public California: What does a California Notary Cost?

Looking for notary service in California? The price for notary work in California is based on state government set maximum notary fees. The exact fee might depend on the particular act. Please remember that a California Notary Public charges you for each notarized signature. If you have one document where you are being notarized twice, then you pay two notary fees. Additionally, many California Notaries are in the mobile notary business and might offer you the convenience of coming to your office, hospital, home, or jail cell for an additional travel fee on top of the California notary fees.

You can visit
http://www.123notary.com/california_notary/
For detailed information about California Notary Fees as well as California Notary Public search functions.

CA Notary — maximum notary fees
Acknowledgments – $10
Oath or Affirmation for a Jurat – $10
Certified copy of a Power of Attorney – $10
Proof of Execution – $10
Administering an Oath for a Witness – $5
Taking a Deposition – $20
Protest – $10, plus $5 for recording it
Apostilles & Authentications – $20

Please note that a notary is not required to charge the maximum allowed notary fees. They are welcome to notarize your signature for free, or for a nominal fee if they like. Find a great California mobile notary on 123notary.com!

(1) A California Notary can charge $10 per signature for Acknowledgments & Jurats. But, what about other acts?

You might also like:

Find a California Notary in Fresno
http://www.123notary.com/notary-result.asp?state=CA&n=Fresno&county=127

Find a California Notary Public in Riverside
http://www.123notary.com/notary-result.asp?state=CA&n=Riverside&sub=34

Share
>

May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

.

You might also like:

Notary Public Information 2018 Edition
http://blog.123notary.com/?p=20075

Notary Public 101 Real Life Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

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

.

Share
>

January 1, 2011

Eyes on the Notary

Filed under: Ken Edelstein — Tags: , , — admin @ 10:37 am

Eyes on the Notary
Actually, they are electronic eyes. The ever present surveillance cameras are everywhere. That footage you watched on the evening news is a prime example. But, let me back up a bit, and first discuss some older technology. Pictures. On a few occasions over the years, I have been asked to permit the borrower to photograph me. I tell them it’s unnecessary, my picture is on my web site. They usually persist, perhaps wanting a photo of me in their house in case the silverware is found to be missing after my departure. Kidding aside, they want to take a picture of the notary. Often I am called the “closer” or similar; I always correct that misunderstanding.

Here in population dense Manhattan, where I live; cameras are everywhere. The police have them on high poles to record traffic infractions and the public in general. Private buildings “log” who enters; they also have cameras in front to monitor (and record) what occurs on the sidewalk. There is nothing anyone can do to avoid being recorded. I venture a guess that my license plate is recorded dozens of times going to and fro even the closest assignment. Many homes with infants have “nanny cameras” that allow mom to see and hear junior; a good use of the technology.

However, it is the surreptitious in a private home that seems to me to be going too far. Some security systems are set to record perpetually. They keep “stuff” for a week or so, and then reuse the disk space for new video. It kinda makes sense, in a home invasion you probably will not have a chance to turn on the camera. I am sure many of my, and your, signings have been recorded. Is that a good thing? My first thought is that, knowing I don’t do bad things, the video would provide to me proof of no misbehavior. But, there is always the possibility to “edit” the recording, and thus make it show a false scenario. Amazing things can be done with video editing.

As in the “arms race” where each new development is superseded by a still newer methodology; I ask if the notary should also record. I know, this is a toxic subject with no possibility of a right solution. I choose to not record signing sessions. There probably are notaries with discreet tiny tape recorders who capture the audio. They probably want to have proof that they did not “cross the line” in performing their duties to the highest standards. Claims that they “pushed” the deal, or were naughty in other respects can be defended. To my knowledge, from various notary sites, this issue has never really been discussed.

We live in a litigious world, and the tools of audio and video recordings show up in TV coverage and in courtrooms. I think the signing agent has a right to know if they are being recorded. But, it would feel awkward to ask “are you recording this signing”. In a similar manner, asking for the borrower’s permission to audio tape is equally weird. Thus, we have an interesting situation. Some homes are recording all activities without notification. And, there has to be some notaries out there who don’t ask, but proceed to record the session, again without notice or approval.

Don’t look to me for solutions, I have none. It’s a privacy issue, a subject that we deal with daily as we preserve the confidentiality of some very sensitive documents. That, we understand and are good at. But, the issue of stealth recording remains, and is rarely if ever discussed. This blog entry is to open the topic for discussion. There has to be a solution or procedure that addresses the issue. I ask for your thoughts and comments. I’m not the brightest bulb in the chandelier, some really smart people are reading this. Please, comment and open a dialogue on this ignored topic.

Share
>
Older Posts »