You searched for refuse - 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

March 21, 2017

When to refuse a notarization: a comprehensive guide

Most clients you have will have legal requests, but from time to time, there will be someone who wants you to bend the law, or someone who doesn’t understand proper protocol. Here is how to handle the difficult requests.

Situations where a signer is not appropriate to notarize
(1) If you cannot prove the signer’s identity with satisfactory evidence. Some states allow personal knowledge of the signer, so please study your state rules. Satisfactory evidence normally involves current, or near current driver’s licenses, passports, or other government issued ID. Each state has different variations on what is acceptable, so know your state rules!

(2) If the signer doesn’t appear before you.
This means that they should be a few feet from you and fully visible.

(3) If you cannot communicate directly with the signer.
This means that the signer needs to speak the same language that you speak. If you speak the signer’s language as a second language, but don’t know it well enough to understand all of the communication necessary to give instructions and answer questions regarding the notarization, then you should decline.

(4) If the signer refuses to swear under Oath if an Oath is required as part of the notarization.

(5) If the signer is being coerced to sign or pressured to sign.

(6) If the signer is drugged (perhaps in a nursing home or hospital,) confused, or disoriented. If they can’t answer basic questions about the document, they are not in a clear enough mental state to sign.

(7) If the journal entry requires a thumbprint by law and the signer refuses to furnish you with one.

(8) If the signer refuses to pay the Notary fee

(9) If the signer is so incapacitated that they cannot sign their own signature.

.

Situations where the document is not satisfactory

(1) If there are blanks, or omitted pages in the document.

(2) The document lacks a notary certificate and the signer refuses to tell you which type of notary act they need done.

(3) The document is a vital record, or a type of document that may not be notarized or be copy certified.

.

Situations where the Notary cannot notarize due to conflict of interest

(1) If the signer is your parent, spouse, child, or other close family member. It might be okay to notarize for cousins and more distant relatives although it is generally better to avoid notarizing anything important for a family member due to conflict of interest.

(2) If you are named as a beneficiary in a document or have any type of financial interest in the document being signed.

(3) If you are the signer of the document, you may not notarize your own signature (contradictory to popular belief.)

.

I created this blog because of a discussion I had with a Notary who went to another Notary at a UPS store to get notarized. The Notary refuseed to notarize because the signer (also a Notary) refused to be thumbprinted. I had to look this up. California state law did not discuss the issue, but did say it was illegal for a Notary to refuse service. I researched what NNA had to say about this issue and they concured with California in an article about when to say no. In any case, I hope this article was helpful.

.

You might also like:

The whole purpose of being a No-tary is to say No!
http://blog.123notary.com/?p=19180

Are you a Yes-tary or a No-tary?
http://blog.123notary.com/?p=16626

Just say no #3
http://blog.123notary.com/?p=376

Share
>

July 1, 2020

Notarizing a dominitrix

Filed under: General Stories — admin @ 9:20 am

NOTARY: I”m here to notarize your application.

DOMINITRIX: Oh, you must be my 4:30.

NOTARY: Excuse you me?

DOMINITRIX: Sit over there!

NOTARY: Okay.

So, the notary sits in a bench surrounded on both side by whips hanging from a board and bizarre outfits on the other side hanging on hangers. He is perplexed as he has never been to a place like this before.

DOMINTRIX: You have been very very bad. Come with me.

NOTARY: No you see, I don’t backdate — I’m not bad.

DOMINITRIX: Okay, please bend over.

NOTARY: Excuse me? You see, I’m the Notary. I’m not your client of whatever it is that you do here.

DOMINITRIX: Oh…. misunderstanding. I thought you were Frank, my 4:30 appointment. He’s the one who has been bad. Can I give you a sample anyway?

NOTARY: A sample of what dare I ask?

DOMINITRIX: Of my work. Frank looks like he is either late or not coming at all. Why don’t we notarize my form first.

NOTARY: Your ID please….. And please sign my journal here. Please sign on the x.

DOMINITRIX: I have my own X over there. But, it is not for signing, unless you want it to be.

NOTARY: Good God, what do you use that for?

DOMINITRIX: That is for restraining people.

NOTARY: I see. Hold on… Okay, your form has been notarized. That will be $50 for travel and my notary services.

DOMINTRIX: So, would you like a sample now that we are done and I have a little free time.

NOTARY: Am I going to regret this?

DOMINITRIX: Yes, but not that much. First of all, we need a safe word.

NOTARY: Okay, how about Locus Sigilli.

DOMINITRIX: Location of the stamp? How do you know Latin? That is what I studied at school.

NOTARY: It is a Notary term or “terminus notarius.”

DOMINTRIX: Now you are talking fake Latin.

NOTARY: Better than pig Latin.

DOMINITRIX: Good point. Okay, I am going to restrain you to this device. It any of my work gets to be too much, just say the safe word.

NOTARY: Deal…

So, the dominitrix proceeded to whip the Notary with over a dozen different whips, floggers, crops, and paddles and then tried to force the notary to admit to forging a signature. The Notary refused to admit it no matter how horrible the punishment was. At the end of the sample session which only lasted five minutes the dominitrix asked why he would not admit to forging the signature. The Notary said because if someone had forged the signature it would have been a client. The dominitrix admitted that he was making sense.

DOMINITRIX: One more thing.

NOTARY: Let me guess. You also do weddings and bar-mitzvahs?

DOMINITRIX: No… don’t forget your seal and journal.

NOTARY: Oh yeah… In any case…. have a nice day and most of all — don’t be bad!

Share
>

June 3, 2020

The Notary Museum

Filed under: Virtual Comedy Themes — admin @ 10:11 pm

Welcome to the Notary Museum where Notary acts get lost in antiquity. Tickets are $10. $10 per signature, not per person. But, you have to sign one per person to get in. Make sure the signature matches the one on your identification. This museum is high security, so access to particular rooms is based on your thumbprint. Now that we have paid, please proceed to the atrium. To the right is our exhibit on prehistoric Notaries.

Here, we see a member of the subspecies of mankind, the Peking man (homo erectus pekingsis. He is attempting to go to his notary appointment in a tiger skin outfit while being chased by a triceratops. Good luck buddy. Wait, he is being approached by a dumb American asking him if he knows any good Chinese restaurants specializing in Peking dumplings and Zha-jiang Mian. His response is, and I quote, “Oooga booga.” So much for eloquent communication from this guy. Obviously he is not a foodie.

Next, we see an exhibit for Sumerian Notaries doing their work on stone tablets. I guess that is all they had, but try lugging them around all day. What a back breaker.

To the left, we see a Roman Notary. A sword in one hand and a Notary seal in the other. You just wonder if the seal is a secret weapon.

And during the Helenic period, we see a Greek Notary comparing his skills to a Persian Notary riding an elephant. My how times have changed.

During the Edo era in Japan, Samurai held an important role in protecting Notaries Public. Unfortunately in this exhibit, the Notary forgot to bow, and the inevitable happened. The samurai threw his stamp in the air and chopped in half to teach the Notary a lesson in manners. Can’t they just go out for California rolls and call the whole thing off?

In the next room, we see a British Notary in the 1700’s wearing a wig overseeing the signing of some critical documents as he turns his nose in the air.

At this point you need to go up a flight of stairs to see the exhibit on American Notaries. We see Jedediah P. Watson Notary Public notarizing on a plantation down South in this first American exhibit. You can see a slave bringing the document from the study room to the parlor where the signing is taking place.

The next room has a Notary notarizing a document about the Mexican-American war, but he refuses to notarize because the document was in Spanish. Typical. Meanwhile the signer is saying, “I didn’t cross the border, the border crossed us.”

And finally, a mobile Notary listed on 123notary in a car with airbags. I’m not sure how they got a Mini Cooper in the museum but they did. They Notary was a woman and carrying a gun just in case she had to go to a dangerous signing. Hey, it happens.

The next room is filled with notary stamps from around the world of every era — row, by row by row. There is even a statue of the Buddha getting Notaries with an antique stamp.

And finally, an exhibit dedicated to out of business signing companies who went under because they didn’t pay their Notaries.

I will end this silly article about a fictional Notary museum on this note.

Share
>

May 21, 2020

Are you frustrated with Snapdocs?

Filed under: Signing Company Gossip — Tags: , , — admin @ 9:53 pm

After reading more and more comments from Notaries about Snapdocs, I realize that your ability to get jobs from them is very unstable.

Instability
First of all, many Notaries have indicated that they got many jobs at one period of time and then the texts abruptly stopped. What probably happened is that someone gave them a thumbs down, or that their average response time was too long and they got bumped down on the pecking order to the point where nobody would text them or use them. It might make sense to be more equitable in the way business is distributed, but that does not seem to be the way Snapdocs functions — it’s winner takes all. Or if you think people being low-balled are losers, then loser takes all.

Distance
Many Notaries complain that they are only offered jobs far away at low-ball prices. This is a common complaint and I don’t know how to answer it other than — negotiate your fees and ask for more.

Pricing
Low-ball fees are a pain. People offer low-ball fees because there are plenty of other Notaries who will take them. If you can prove you are substantially higher quality as a Notary than the rest, there is a chance people will pay more. But, in this highly refined technology driven marketplace, if you are not better, then you can only get a low-ball offer. (Sorry)

Ranking
You can only get better rankings by accepting more jobs and getting a good review. And your reviews and rankings are hidden from your eyes for better or worse. If you are too picky about jobs, you won’t get any, and your ranking might go down. Sometimes you have to do a few low paying jobs to get the ball moving. But, in the long run, I suggest renegotiating prices if you use Snapdocs in the long run.

Summary
I am uncomfortable with a portal that will phase you out on a whim, and that refuses to take phone calls. But, then I have not been a Notary since 2005 so my opinion doesn’t matter. Also, my generation is more personable and more sensitive to being phased out. It seems that the Snapdocs algorithm keeps Notaries in the dark. At 123notary, we will tell you how you do on our algorithm although we don’t publish the actual results. We can also offer tips to help you do better. Snapdocs is good for those who like them, but I am not comfortable with their business model. On the other hand they seem to continue to grow despite all of the complaining so I guess they have something!

Share
>

May 1, 2020

What are dangerous places for a Notary to be?

Filed under: Business Tips — admin @ 8:25 am

Female Notaries think a lot more about safety than males do. But, even big strong guys can get into danger. If someone is crazy, they might attack anyone, even a big strong guy with a military background.

People’s houses at night.
Going to people’s houses sounds scary. But, in real life, if they have been screened for a Mortgage, they do not stand much of a chance of being dangerous, at least in my experience. However, their neighborhood might not be good at night.

On the other hand, going to a house for a single document might be dangerous. You don’t know who these people are, they have not been screened, and you might be going there at night.

Realistically, the danger is more than you will get into a car accident or bitten by a dog than have an incident with a crazy human being. In my twenty years in this industry I have heard of one Notary getting pushed down some stairs. That is out of 60,000 Notaries on hundreds of millions of assignments.

You might be okay at the house but run into gangs at the local gas station – it happened to me, and we covered it. I know a thing or two because I’ve seen a thing or two.

You might be at a tenement building and some rowdy intoxicated people might be outside. I have heard of this happening once in The Bronx. You could also get harassed by hoodlums on your way back to your car. It might be time to have the appointment at a Starbucks in a better neighborhood. But, it’s up to you.

Nursing homes
If you notarize at nursing homes, your chance of ending up in court is high. That is another type of danger.

Cafes
Some Notaries might notarize at a cafe late at night. Our local taco place is notorious for having crazy people, arguments, and police. The problem is that the police don’t seem to be there at the same time as the crazy people. Just because you are at a “safe” neutral location doesn’t mean a meth addict won’t walk in and start trouble. Being afraid of your clients is a legitimate fear, but the real danger is more likely from a drug addict, bad driver, or inclement weather.

Jails
Many Notaries are afraid to notarize at a jail. That is the safest place to notarize because the bad guys are on the OTHER side of the bars and there is tight security and check points.

The Street
If you notarize on your trunk on the street, you could get hit by a car. I had to park illegally and made the signer come out to sign on my trunk. They complained. I said that this is the only way I could do it otherwise I would have to leave as there was no place to park.

General Tips
It is generally a good idea to be aware of high risk individuals. Those who seem intoxicated or who are acting unusually. People might seem agitated, angry, or afraid for example. Additionally, people might get upset if you refuse to do an illegal notarization and that could trigger a situation. Other people might get upset that their rate is higher than expected. You need to know what to say and how to handle these types of situations. Personally, I have been to about 6000 total signings two thirds of which were loans. I have never been in a dangerous situation. The only disconcerting situations I have had involved animals and gang bangers who were “around” when I went to bad areas to do signings. But, these dogs and gangsters didn’t actually actively do anything to threaten me — I just felt threatened by their presence. Maybe I am worried about nothing. Maybe I overreact to certain things because I am not from that type of neighborhood and because I don’t like dogs.

As a rule, use your senses, and if you feel something is not right, step out. Also, make sure you know your escape route, because there is a small possibility you might need to use it.

Share
>

April 9, 2020

Do you know what you are getting yourself into?

Filed under: Carmen Towles — admin @ 9:08 am

It never ceases to amaze me how many folks get into this business and don’t know ANYTHING about it. All folks seem to know is that someone came to their house with their loan paperwork and on the surface it looks easy enough and they burst out, “Hey, I could do this too! And then proceed to ask; “How do you get into this business?”. And they actually expect you to give them all the little details of the ends and outs of how to get into the business so they can TAKE all of your business. Never, once thinking that this might be improper because why would any of us really want to train our own competition? But some of us do (being nice and all that) but end up regretting it later due to our own demise.

I was reading a notary forum post about how easy we make it look and that we need to stop this because all we are doing is saturating our areas with more and more notaries. It’s all about supply and demand. Lets face it there is no real demand for us notaries in this profession. There is some work but it is being spread to thin and the pay is at an all time low. And those of us that have been in it awhile refuse to work for peanuts. Many have taken part time jobs to supplement there incomes. Many have just thrown in the towel altogether and moved on.

The other contributing factor in over-saturation is that you have several places that offer loan signing classes with no regard that they are consistently over saturating the market with notary signing agents that will NEVER see any work. Just this week alone I have spoken with notaries in various parts of the county that have been at it for months and still no work. Or if they do have any at all it is in limited supply and the pay is paltry to say the least.

Moral of the story is that you need to check out whether there is a real need for signing agents in YOUR area. And whether this is a professional you can grow and profit from BEFORE you lay out the cash to get started.

Share
>

March 30, 2020

Do you know what you are getting yourself into?

Filed under: Carmen Towles — admin @ 8:46 am

It never ceases to amaze me how many folks get into this business and don’t know ANYTHING about it. All folks seem to know is that someone came to their house with their loan paperwork and on the surface it looks easy enough and they burst out, “Hey, I could do this too! And then proceed to ask; “How do you get into this business?”. And they actually expect you to give them all the little details of the ends and outs of how to get into the business so they can TAKE all of your business. Never, once thinking that this might be improper because why would any of us really want to train our own competition? But some of us do (being nice and all that) but end up regretting it later due to our own demise.

I was reading a notary forum post about how easy we make it look and that we need to stop this because all we are doing is saturating our areas with more and more notaries. It’s all about supply and demand. Lets face it there is no real demand for us notaries in this profession. There is some work but it is being spread to thin and the pay is at an all time low. And those of us that have been in it awhile refuse to work for peanuts. Many have taken part time jobs to supplement there incomes. Many have just thrown in the towel altogether and moved on.

The other contributing factor in over-saturation is that you have several places that offer loan signing classes with no regard that they are consistently over saturating the market with notary signing agents that will NEVER see any work. Just this week alone I have spoken with notaries in various parts of the county that have been at it for months and still no work. Or if they do have any at all it is in limited supply and the pay is paltry to say the least.

Moral of the story is that you need to check out whether there is a real need for signing agents in YOUR area. And whether this is a professional you can grow and profit from BEFORE you lay out the cash to get started.

Share
>

March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

Share
>

March 13, 2020

Meeting a client at a taco place because it is “safer”

Filed under: General Stories — admin @ 8:18 am

Many Notaries are afraid to go to bad neighborhoods or decrepit homes and choose to meet clients at a Starbucks because it is safer. But, in this example, the nearest place is a taco place. Is it really safer?

If you go to someone’s home for a notary job, we have only one story about a Notary getting hurt due to violence from a borrower. We have another story about someone pulling a gun, but that was because a crazy dog was running around the neighborhood. There is a chance you might get a disease if the house is filthy and has mold. There is a chance you might be harassed by dogs. But, the chance of physical violence from a signer is about one in 50,000,000.

Our local taco place has many antagonistic people. Arguments happen regularly. The manager is a jerk and his assistant is a very rude young lady. I once had to call the police on a meth addict who was bothering me and then got in his car. But, he went out of his parking spot and back in and then out and back in. The police refused to come and that guy probably got in an accident after that taco meal because he was out of control and very intoxicated.

You are not necessarily safe in a public cafe. Crazy people and homeless people can go in and out of the door. There is no security. There is no lock on the door. At a signer’s house, nobody else can get in, and they are not likely to hurt you.

Just an FYI. Use your judgement. On a brighter note, Starbucks seems to be well run across the board and I have not had any bad luck at any of their branches other than when I got the palpatino grande and I’ll leave it to your imagination what the consequences of that were.

Share
>

December 19, 2019

Do banks have a Notary?

Filed under: Public Interest — admin @ 8:39 am

Do Banks have a Notary Public?

Many banks do have Notaries Public. Whether they will notarize for you or not is another question. Some companies require that you are their customer or are there for bank business if a notarization is involved.

If your bank refuses to help you or does not have a Notary, it is generally a good idea to visit a UPS store as pack and ship places normally have a Notary. Call in advance to make sure the notary is not out sick or at lunch.

123notary is also a great place to find a notary if you want a mobile notary. Mobile notaries charge extra, but will come to your location.
Good luck!

Thanks

You might also like:

Banking Power of Attorney Form
http://blog.123notary.com/?p=21338

Notaries can get jobs at banks more easily
http://blog.123notary.com/?p=22161

Share
>
Older Posts »