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
>

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
>

December 17, 2019

“Oh, just shut up and do you job!”

Filed under: Carmen Towles — admin @ 8:37 am

As a notary public myself, I can not tell you how many times I have heard, “Just shut up and do your job”. Other notaries over the years have expressed hearing the same. Usually, this will come form an uninformed loan officer or realtor. Or just someone that wants you to break the rules for them with little regard of the consequences for the notary. But what is more disheartening is when one notary says it to another.

I recently got a call from a notary friend who had such an experience. This notary was asked by a lender to notarize a document in a spousal state that the other spouse was instructed by the lender that they didn’t need to sign. My notary friend knew this was not legal and since she was aware of the law she refused to complete the assignment. The notary then reached out to one of her other notary friends, who told her to just ‘shut up’ and notarize the documents and also added for good measure; “Who do you think you are?”, ‘“You are just a notary?”. This upset my friend greatly, hence the call to me. I let her know immediately IMHO as far as I am concerned she had done the right thing.

Listen, we are government officials and IMHO, if we know something to be illegal (or unethical) you cannot in good conscience continue with the process of notarizing. We are supposed to be protecting the public. Not aiding and abedding folks trying to pull a fast one. And sadly, we eventually all come to realize, the mortgage industry is riddled with deceit and fraud. So, my rule of thumb is to think about how would I answer and defend my actions, if I were ever called to court and had to get on the stand and a judge asked me, if i knew something to be illegal, or unethical, how would I defend my actions?

And for another notary to insult another because they did what she/he thought or felt was right IMO was not fair. We are all responsible for our own actions. We all have to do what we feel is right and must be able to defend our actions if comes down to that. And for me the bottom line will be if I can live with what I have done and can I sleep at night.

I would love to hear with some of the rest of you feel about this.

You might also like:

Carmen’s guide to the Signature Name Affidavit
http://blog.123notary.com/?p=22541

Show me the money
http://blog.123notary.com/?p=22537

Share
>

October 24, 2019

What was the worst house you ever went into?

Filed under: General Stories — admin @ 11:46 pm

Have you ever been to a signing where you just didn’t want to go into the house? At 123notary we have heard many stories ranging from Legionaires disease caused by mold or bacteria, hoarding, people with long toenails that go click click click, Notaries pushed down stairs and more. Here is a list of types of situations where you might not want to go to the signing.

1. Legionnaires Disease
This is a disease that can cause serious lung diseases. If you go into a really dirty house that has a lot of bacteria, you could contract this disease which can be deadly. We advise you to think twice before going into an unsanitary house. It is more than just unpleasant — it could be your last.

2. Hoarders
Some people stack stuff from the floor to the roof and refuse to clean up. There are reality shows about this topic and it just isn’t funny. Hoarders have a mental disease that makes them believe that they actually need these useless things which they collect and that their life would be so much worse if they got rid of all of those things. If the hoarding is out of control it might be dangerous to go into a hoarders house as something could fall on your or trap you.

3. Good house bad neighborhood?
On the other hand, some houses are fine, but in bad neighborhoods where you might be afraid to go. I have heard issues of Notaries who are assigned jobs at tenement houses where risky looking people are hanging out in front of the building as well.

4. Parking Issues
There are houses where there is no place to park in certain types of communities as well.

5. GPS Issues
You might have houses on roads that are not on your GPS which is an interesting phenomenon.

6. Construction
If a house is having construction there could be issues. There could be dust that is not safe for you to breathe. There could be vehicles blocking you or equipment strewn all over the place. There might also be noise issues.

7. Smells
If you went to a house where they were cooking exotic food, you might smell an intense aroma of garam masala or something of that nature. You might hear the sounds of Vietnamese being spoken loudly too. Some people are sensitive to these things.

8. Sound
If you in a house that is noisy, that can be an issue. Some people do not turn off the television or have noisy rambunctious children dressed in Spider Man outfits.

9. Animals
Some houses have animals that are annoying or dangerous. Owners of dogs are genetically predispositioned to assume that the rest of the world just love dogs, and in particular their dogs and enjoy being viciously barked at, lunged at, and jumped on by their uncivilized furry friends. Not so. I had one borrower put their dog behind a closed door, only for Fido to emerge unannounced and jump all over me. Try locking the door and take people’s safety and comfort more seriously.

10. Attorneys
If you go to a signing and there are Attorneys or Brokers, you might be in for a long haul where there are line by line explanations. Couldn’t you do this before the signing?

11. Haunted
There might be ghosts in particular places. If so, tell the ghosts not to bother you during the signing and ask them to come back with some sort of etherial ID if they want to be notarized.

So, what are some of the worst houses or situations you have gone into?

Share
>

September 10, 2019

Guide to Recognizing Elder Abuse and Knowing Your Rights

Filed under: Other Guest Bloggers — admin @ 11:02 pm

According to statistics, one in ten elders worldwide experiences a form of monthly abuse. However, given that only one in 24 cases is reported, we can expect the figures to be higher.

In this respect, it is important that we know how to recognize elder abuse – no matter if we are sons, daughters, or even elders, as well as our rights and how to apply them. Naturally, one of the first steps we have to do is request the help of a nursing home abuse attorney, so that we can find out more about how we can protect ourselves and our loved ones.

Let’s see how you can recognize elder abuse, and which of your rights you can apply to such circumstances.

Symptoms of Elder Abuse
Many times, professionals miss the signs and symptoms related to elder abuse, mainly because they are very similar to the symptoms of deteriorating mental health.
Still, keep in mind that one’s ability to recognize elder abuse is paramount for prompt intervention, as well as to reduce the impact that the abusive actions had on the person’s physical and psychological well-being.
Obviously, symptoms of elder abuse can be divided into behavioral and physical. Here are some of the signs that will point you to discover if a certain elder is being abused:

Bruises – these usually come in regular patterns or clusters.
Black eyes and welts.
Evidence of lack of medication or even overdoses of medication.
Verbal report – some elders may even report their abuse.
Depression, anger, anxiety, fear, and nervousness.
Avoiding eye contact.
Getting startled easily or even cringing; their eyes may also dart.
Sudden apathy.
Withdrawal behavior.

In some cases, the person responsible for the care of the elder may not allow any visitors to be alone with the elder, or refuse them entirely.

Naturally, these were only a few of the symptoms that should make you take action. Keep in mind that there are physical abuse signs, emotional abuse signs, sexual abuse signs, neglect or self-neglect signs, financial exploitation signs, healthcare abuse, or fraud signs.

Knowing Your Rights
Always remember that every state comes with an Adult Protective Services law that you can rely on. This law helps adults with disabilities and older adults who need assistance, as a result of abuse.
Moreover, there’s also the Administration on Aging, whose purpose is the empowerment of older persons to remain safe within their communities, healthy, and independent.
Among the aforementioned, you can always rely on the National Center of Law and Elder Rights, Legal Services for the Elderly, which provides older people with legal assistance nationwide, as well as the Office of Long-Term Care Ombudsman Programs, which operate in all states.
In short, you could say that you don’t even need extensive knowledge of your rights. If you or your loved one has been abused, there are more than enough laws and associations and support groups to help you deal with this issue.

The Bottom Line
As soon as you notice elder abuse, you must act! Doing so will not only keep your loved one healthy, but will also make sure that the ones responsible will be held responsible in court for their actions.

Even though the elder is in a nursing home, they must be protected from abuse at all costs. This is the same as with children in kindergarten, or employees within their workspace.

Share
>

August 31, 2019

Travel fees if nothing gets signed

Filed under: Notary Fees & Pricing — admin @ 10:55 pm

It is common for Notaries to go to a job where the signer refuses to sign, or the job gets cancelled. What can the Notary charge for a travel fee since he/she/they didn’t “do” anything? The answer is that the most important aspect of this issue is not what you charge but what you explain over the phone. The client/signer needs to be painfully (the more pain the better) aware that the notary’s schedule is not for free and that they have to pay x amount of dollars even if nothing gets done as well as waiting time.

It is a generally prudent policy to get travel fees in cash at the door upon arrival before seeing the signer. This is because you need to be able to be impartial and have no beneficial or financial interest in a document being signed. If your $50 travel fees is contingent on Sammy signing the Affidavit, you will be tempted to notarize it even if the ID doesn’t match completely. As a Notary, you need to not be tempted to wiggle on state notary rules, and having your travel fee in your pocket puts the power and integrity back in your pocket. It’s hard to be integrous when money is at stake.

If someone gives you $40 travel fee which includes the first 20 minutes waiting time, and then keeps you waiting more than that, since you have the $40 in your pocket, you can demand cash for the next twenty minutes or threaten to walk. People will string you along in this line of work so it is important to keep the upper hand, or as Mrs. Meao likes to say — the upper paw!

The bottom line is that communication of signing fees over the phone before the signing is the most important solution to the travel fee issue. Fail to communicate — you might not get paid at all. So, communicate not only what the client will have to pay, but terms and conditions for what gets paid when and how much. Also, be careful with checks. Signers who cancel jobs sometimes bounce checks or stop payment. It happened to me after a very time consuming jail job. I bet Mrs. Meao would have something to say about that!

You might also like:

Why are the fees offered to us so low?
http://blog.123notary.com/?p=22293

What are mobile notary fees?
http://blog.123notary.com/?p=21383

See our “fees” category
http://blog.123notary.com/?cat=2070

Share
>

August 24, 2019

Inappropriate things you could do at a signing

Filed under: Humorous Posts — admin @ 10:49 pm

Here is a list of inappropriate things you could do at a signing.

1. Visit the other rooms of the signer’s house and make comments.

2. Park in their driveway without permission.

3. Flirt with the borrower’s wife.

4. Ask the signers to hurry up and sign a little faster.

5. Watch youtube on your iphone during the signing and laugh loudly.

6. Call your girlfriend / boyfriend during the signing multiple times.

7. Dress as you would dress going to the beach or going to a nightclub.

8. Comment loudly on the borrower’s rate — “Oh my god you’re paying 5.3%?”

9. Fall asleep at the signing table.

10. Refuse to leave once the signing is finished!

Share
>

August 23, 2019

More on bad boy Notaries

Filed under: Humorous Posts — admin @ 10:49 pm

I wrote a blog article about the difference between bad boy Notaries and “nice” Notaries. It seems that “nice” Notaries are basically not nice at all, but a bunch of losers who want to attain other’s positive opinion and never assert themselves. The intrinsic meaning of “nice” means that you care for others which is very different from caring about how others think of you which is selfish in a lame sort of a way.

Here are some more things a bad boy Notary could do.

1. The “nice” guy Notary arrives in his Toyota Corolla or Honda, parks on the street even if he has to walk three blocks.
The bad boy Notary arrives at the signing driving a Harley. Of course, if the Harley was really noisy that would add to the bad boy appeal.

2. The ‘nice” guy Notary read copious reviews on buying the most sensible laser printer on the market, yet ends up with one that is broken half the time and works at the speed of a snail because his budget was too small. The bad boy Notary invests in a mega printer that spits out 40 pages per minute (on a bad minute) and never breaks, and also has a three year guarantee. When the bad boy Notary introduces his printer he says, and I quote, “check out this bad boy.”

3. The “nice” guy Notary neatly stacks the blank pages (if any) in the stack of loan documents. The bad boy Notary
makes spitballs out of the blank pages in the stack of loan documents, or makes paper airplanes. Japanese bad boys prefer to do origami with the blank pages and show off their Yakuza tattoos and explain the story of each tattoo. The bad boy notary could also play hang man with customers using blank pages (and even hang them if they lose.)

4. The “nice” guy Notary refuses to answer phone calls during the signing because he feels it might upset the client. The bad boy Notary realizes that he will miss his next job assignment as well as tomorrow’s job assignments if he misses phone calls, texts and emails, so he is watching them like a hawk. Moreover, he is concerned that his various lady friends might call while at the signing and he definitely doesn’t want to miss their calls.

5. The “nice” guy Notary explains to the borrower why page three on the 1003 is left blank and then gets funny looks. The bad boy Notary plays tic tac toe with the customer using page three of the 1003. Sounds kind of lame, but is a way to use the page that says, “this page intentionally left blank.”

6. The “nice” guy Notary invests big bucks going to all of the NNA conferences, learns some, and makes a handful of connections that he could have made by making a few phone calls. The bad boy Notary reads Jeremy’s blog and masters the materials in the free courses, gets a few mentors by networking with Jeremy, Carmen and the other more experienced people in the industry, AND, writes sarcastic and mildly inappropriate responses to Jeremy’s blogs… (hmmm, sounds like Ken.)

7. The “nice” guy Notary let’s his customers rack up a huge bill without complaining. After all, he is afraid that they will stop sending business his way. The bad boy Notary has a credit limit with customers which he expects them to honor. If the don’t he will cancel a job at the last minute and send a text saying, “Paypal what you owe me or find another Notary, punk!” Ouch! Once again, sounds a little like Ken, except Ken asks to be paid up front as a standard business practice. I wonder if Ken wears a leather jacket? Ken also doesn’t call people punks… he calls them turkeys instead. (gobble gobble.)

8. The “nice” guy Notary wants to attracts any client he can and is afraid to lose any client. The bad boy Notary realizes that there are some people with more time than money, and others with more money and less time — he prefers the latter and charges them appropriately. If the client is not in a position to pay big and pay fast, bad boy Notary doesn’t have a use for them.

9. The “nice” guy Notary carries pepper spray in the car just in case. Better safe than sorry. The bad boy Notary carries pepper spray in the car, on his person, a gun, has a knife collection and a club. After all, you never know what is coming. Additionally, bad boy Notary always sits closest to the door not because he is afraid — he is just thinking ahead of the game just in case something happens. You always have to have an escape plan.

10. The “nice” guy Notary always brags that he knows what he is doing and talks endlessly about his “experience.” The bad boy Notary is certified five times over and keeps his cool when talking to clients. He answers questions the way they were ask, and doesn’t try to insert little self-promoting statements into the conversation when unnecessary. He figures if someone wants to know about his background in Escrow or the 10,000 loans he signed (or claims to have signed) they will ask. He plays it cool and gets the job, because he is very professional and not at all annoying contrary to the “nice” Notary who falls on his face trying to do a snow job or smoke screen.

So, there you have it. Nice guys finish last not because they are nice, but because they are lame and unprepared, not to mention stupid. Stay ahead of the game and be a bad boy Notary. But, perhaps without the Harley as that pointer is not that critical. However the Harley jacket has been scientifically proven to attract babes.

You might also like:

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

Ken’s take on how to be a bad boy-girl, person, Notary
http://blog.123notary.com/?p=22374

Share
>

August 1, 2019

Notarizing a Won’t

Filed under: Humorous Posts — admin @ 7:53 am

Have you ever notarized a Will? Well what about a Won’t? It is generally advised that you get written instructions for notarizing a Will as there might be negative side effects from doing so. However, what about a Won’t? What is a Won’t, and why would you (or wouldn’t you) sign one?

A Won’t
A Won’t is a document that says what you are unwilling to do. It is a favorite of cleaning ladies who say that they don’t do windows or that they Won’t do windows. Then there are hotel staff who won’t clean rooms and then wonder why their salary is a lot lower since the owner has to come at 2am to clean rooms as there is nobody on staff at that hour who can do it. And then there are Notaries who cannot and will not study to learn to be a better Notary since they think they already know it all. There are many reasons why you might sign a Won’t. But, this is what happened when one of our Notaries on file was at a Won’t signing.

NOTARY: Won’t you sign this Won’t for us?

SIGNER: Where do I sign, or should I say, where do I refuse to sign?

NOTARY: Right here.

SIGNER: Glad to know. Because after that I’m going to a Wedding where someone is waiting to say, “I don’t”

NOTARY: What’s the point?

SIGNER: It’s kind of a Seinfeldian “Un-wedding.”

NOTARY: With this ring I thee un-wed…, that kind of a thing.

SIGNER: You’re catching on man.

NOTARY: So, will you sign the Won’t right here?

SIGNER: Oh, do I owe you a travel fee.

NOTARY: $40 plus zero signatures at a rate of $15 per signature.

SIGNER: That sounds very reasonable. Here you go. Spend it wisely.

NOTARY: I mean I will, I mean I won’t…

You might also like:

Notary class where students are full of wise cracks
http://blog.123notary.com/?p=22570

Why is it worthwhile to notarize a Will?
http://blog.123notary.com/?p=22482

Share
>

July 12, 2019

Why are the fees offered to us so low you ask?

Filed under: Carmen Towles — admin @ 3:15 am

Why are the fees offered to us so low?
….because many of you keep taking them. Some folks are new to the profession and don’t know any better. They want to get experience at any cost. Others know better but take them because they are desperate and can’t seem to find better paying work. Whatever camp you fall in you should not be taking low fees. Why? Because it hurts all of us!

Let me give you some history on our profession. Years ago, it use to matter to signing services/companies who they used. There use to be oral and/or written tests given before they would hire you. And with the exception of a few they paid better and more timely. But those days are behind us. Most of them don’t seem really to care. They are looking for the most green, inexperienced notary so they can maximize THEIR profits. Most title and escrow pay anywhere from 150 to 300 per signing and the signing services know this even if you don’t. The money is allocated from borrowers closing fees and the (title/escrow) typically aren’t paying it out of their title/escrow fees, they are charging it the borrowers. So signings don’t cost them anything for the most part. (there are exceptions to this but no need to get into that now, that’s for another blog). 🙂

Many of you ask me why they use signing services in the first place. Bottom line is they use them for convenience. It is easier to just give the service the assignment and let them find a notary. It frees them up and saves them an enormous amount of time to follow lender instructions and make sure all conditions are met so they can close. But over the years as things have slowed up and due to many notary errors many have abandoned signing services altogether. So contrary to what many folks think many of them do still use notaries directly. But the notary signing professions is still over run with companies that are just out to maximize their profits. And this is our fault.

I had a notary just call in the other day and told me that she was offered a sellers package from a signing service for 20.00. (you know they were receiving WAY more than that) 20.00 dollars people! Unbelievable. Just take a moment and let that sink in. That paltry fee is not even worth starting your car up for. Here in Callie we get 15.00 per signature and then if you have to print (god only knows how many pages) and then take them to FedEx or UPS to ship them back, it is just not worth the time, energy or paper.

Now the saddest and worst part about this situation is probably not the ridiculously low fee of 20.00 being offered, it is the fact that although the notary speaking with me refused, we know somebody will/or did accept it. For those of you that have followed my blogs and or spoken with me, I predicted long ago that as long as there are notaries that take low fees, they would persist and they would eventually get lower and lower. That day has come. I too was just recently offered 65.00 to go to a place that is about 40 minutes from me. There were 2 copies needed to be printed, signed and dropped all at FedEx or UPS all for for 65.00. I would never accept such an assignment, even if I were desperate.

I know that a lot of folks don’t really understand this business and the learning curve is quite high. I also know that other notaries once they start to figure things out they don’t share information on pricing/fees. But we need to work together. We need to educate each other that fees need to be fair and reasonable. We are all in this to make a profit. And you can’t make a profit if others are making/taking the majority of the money (signing services) and you are undercutting one another just to say you had some work.

Remember, the goal is to work direct! Marketing and advertising is key to your success in reaching those title and escrow that have had it with signing services. It is time to works smart not hard. Know your worth.

Just some food for thought…

You might also like:

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

What are mobile notary fees?
http://blog.123notary.com/?p=21383

Notary Marketing 102 – negotiating fees
http://blog.123notary.com/?p=19784

Share
>
Older Posts »