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August 3, 2018

Notarization for an exorcism

Filed under: Virtual Comedy Themes — admin @ 8:31 am

A Notary was called in to notarize an exorcism. He was asked if he had experience notarizing exorcisms and he said he did not, but asked, “Will I be notarizing the spirit, the person who was possessed, or the priest?” The priest who was hiring the notary said that he would have to swear under Oath to a statement. The Notary agreed to come. Meanwhile the Notary was going through a mid-life crisis. He was trying to find that happy medium between work and play, because working all day made Jack the Notary a dull semi-balding middle-aged boy.

The lady who was possessed was named Chelle. She exhibited signs of dual personality disorder (which is better than my last girlfriend who suffered from no personality disorder). One minute she would be Chelle and would be very nice and accommodating. The next minute Gertrude would take over and do mean things to people. It was so out of character.

On June 5th, the Notary showed up.

PRIEST: We are gathered here to witness this unholy union of inhabiting spirit and human to be broken. Do you solemnly take this uninvited spirit to no longer be your lawfully wedded possessor?

CHELLE: I do.

PRIEST: Do you, spirit, take this lady to be your lawfully unwedded possessee and agree to get out of her immediately? Notice to quit with a three second grace period.

SPIRIT: Do I have a choice?

PRIEST: Not really. If you don’t come out, I’ll summon in the angels and then you’ll really have had it.

NOTARY: Oh, you know how to talk to spirits!!!

PRIEST: (sarcastically) Only the bad ones!

CHELLE: So, what do I do now?

PRIEST: Just wait there. Now, what is that damn spirit doing hovering up there?

SPIRIT: Me, I’m just coming out of my Chelle (pronounced shell).

PRIEST: I’ve heard it all now. Now, Notary. Please administer an Oath on this verbal statement that says, “I hereby declare that Chelle has been ridden of spirit possession, so help me God.”

NOTARY: Okay, raise your right hand.

PRIEST: My right hand is raised.

NOTARY: Do you solemnly swear that the statement you are about to make is true and correct?

PRIEST: I do.

NOTARY: I pronounce you notarized.

PRIEST: But, I didn’t make the statement yet under Oath. I told you the statement I was going to make but did not make it when we had our hands raised.

NOTARY: Sorry, I don’t do Oaths, I only do Refinances.

PRIEST: Every refinance I’ve ever seen had at least three Oaths. The signature affidavit, occupancy affidavit and identity affidavit. Don’t you do oaths on these?

NOTARY: Nobody checks.

PRIEST: Do you want to get reported to the Secretary of State for refusal to administer acts that Notaries are legally responsible for administering to the public?

NOTARY: Oh, are you theatening me? You’re being rude.

PRIEST: (ring ring…) Hi, Secretary of State? A Notary named Jack Tripper… he refused to correctly administer an Oath to me for a verbal statement. Can you decommission him?

SOS: Could you send us an email with his name, commission # and expiration date?

PRIEST: I will.

SOS: Do you swear?

PRIEST: I not only swear but affirm.

NOTARY: Well, I may not know how to administer Oaths correctly, but I found my happy medium — you. You are happy and can talk to spirits. That makes you a happy medium.

PRIEST: No – I’m an angry medium because you messed up my exorcism by not doing your fricking job — idiot!!!! I have no formal record of what happened unless you follow proper procedure.

NOTARY: Take it easy man… wow this guy is uptight!

(a few days later, the NOTARY goes to the secretary of state’s office.)

NOTARY: I am here to turn myself in.

SOS: For what?

NOTARY: Wait a second, how did I get here, what am I doing here?

SOS: Excuse me?

NOTARY: My name is Gertrude. I am a spirit possessing this body. I witnessed Jack (the dull boy) doing an improper Notarization and I wish to report him, or me, well actually him, but I am temporarily in his body until we get this issue resolved. My uncle Binkelthorp died because a Notary filled out a medical power of attorney wrong and I want revenge on all bad Notaries.

SOS: So, let me get this straight. You want to report yourself for committing Notarial malpractice?

NOTARY: No, not myself. I have only been in this body for 24 hours. The regular soul’s name is Jack, and although physically he looks exactly like how I look in front of you, his soul is the rightful custodian of this body and his soul is the one who committed Notarial malpractice. Just quiz him on Oath procedure and I’ll jump out of his body while he does it.

SOS: This sounds crazy but here goes. Please administer an Oath to me for a document that says, I committed Notarial fraud.

NOTARY: Um… I don’t understand the question.

SOS: Do you not know how to administer an Oath? That is one of your powers as a state commissioned Notary Public and you will lose your license if you don’t know how to do it.. How many years have you been a Notary?

NOTARY: Duh…

SOS: Okay, I am having your commission suspended, revoked, and terminated, and contacting the priest to get a statement about how you refused a member of the public for service — which is a crime. As a Notary Public, you are required to perform any legal request for a Notary act for any member of the public who has identified themselves properly and is in front of you. Otherwise you would be a Notary Private if you select the customer or which jobs you are willing to do.

NOTARY: I can’t believe this is happening. But, I’ve been a Notary for 20 years, and therefore must know what I’m doing.

SOS: You have clearly demonstrated that you have no idea what you are doing. You must have been sleeping for 20 years. If you were a brand new Notary, I might have you attend a class, but you have demonstrated a complete lack of respect for lawfulness. Let me get the priest on the phone who you disserved.

PRIEST: Hello, priest service. Jim speaking.

SOS: Hi, this is Frank at the Secretary of State’s office. We have a Notary named Gertrude who is also Jack. One of his personalities reported him to us for Notarial malpractice on you while you were doing some sort of an exorcism. Is that correct?

PRIEST: Correct.

SOS: It looks like you might have committed malpractice on the exorcism by allowing this spirit to inhabit this poor excuse of a Notary.

PRIEST: I neither allowed it nor discouraged it. Wandering spirits like to inhabit the bodies of the weak-willed. People who don’t take care of their health, mind, spirit, or in this case, their obedience towards proper Notary procedure.

SOS: Good point. In any case, did this Notary refuse to administer an Oath to you after you had appeared before him… or her.. and produced acceptable identification?

PRIEST: He most certainly did, and he was a he when I saw him… before Gertrude entered the picture… or the body… or exited one body and came into the other body.

SOS: We could use someone like Gertrude to clean up the Notary industry.

PRIEST: Umm, I’m not so sure that is a good idea. Gertrude can be very vindictive. She is considered to be bad news.

SOS: Yes, but that means she will help us convict bad Notaries because she suffered a horrible loss due to a bad Notary two decades ago and she wants revenge.

PRIEST: Oh… well, in that case, two wrongs make a right I guess. As a man of the cloth, I will have to stay out of this. We don’t like to be involved in anything punitive or vindictive — we leave that up to the holy father — he can be very punitive at times. That’s why I carry a lightening rod wherever I go — I keep it in the trunk. You never know when you’ll need it.

SOS: I’ve heard it all now. Hey Jack… We are sending you to Notary jail, fining you $1500 and revoking your commission. What do you think about that?

NOTARY: Ummm. But, I’ve been a Notary for 20 years and never had a problem.

SOS: You had plenty of problems, but the people you were working for didn’t know the difference — that is how you got away with it so long.

PRIEST: Looks like someone needs an exorcism by the way, not that I am using this misfortune as a way to get a new client.

GERTRUDE: I’ll go on my own. I have some other Notaries to possess.

PRIEST: And by the way… Here’s my card. I also do weddings and Bar Mitzvahs.

SOS: Bar Mitzvahs??? Aren’t you a priest?

PRIEST: In my neighborhood, its the only way to keep busy… Besides, what they don’t know won’t kill them.

SOS: Hold on, let me call 411. Hey, what’s the number for the Secretary of State Rabbi Division? I think I need to report someone.

THE END

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July 9, 2018

How do you handle these phone situations?

Filed under: Etiquette — admin @ 9:43 am

.

Notary Situations

and how to handle them.
Notaries should know how to handle these situations, because you can lose clients very easily. Clients do not want to know about your problems or your family. They want you to get a job done professionally. Here are some scenarios Notaries typically screw up.

Screaming kids in the background
You might be used to your kids, but your clients do not want to hear them in the background. If your kids are screaming, train them to be very quiet when you answer the phone or leave the room if they can’t control themselves.

Relatives answering the phone
When you use the, “Hullo???” method of answering the phone, it is impossible to know if you are talking to the correct person. This is unprofessional and makes a horrible impression. Of the Notaries who have lasted on 123notary for ten or more years, very few say hello. The ones who say hello are not professional and generally do not last more than a few years. Everyone who answers your phone has to announce themselves, otherwise get a mobile phone that only you answer. If your three year old answer the phone, this is very unprofessional, however, if they say, “Rutherford residence, this is Brandon” then it becomes more tolerable.

Answering the phone with an alias
If you answer the phone, “Hi, this is Kathy” but your 123notary profile says Andrea and the person says, “May I speak to Andrea.” and you say, “This is her.” This creates a very annoying confusion. The point of having a name is so people know who you are and what to call you. If there are twelve people named John in one home room class at school it becomes confusing. And if you have multiple names that you go by that is confusing. Stick to one name or use an AKA when you answer the phone. “Hi, this is Kathy AKA Andrea.” That way no more confusion.

Answering the phone at a restaurant
If you answer the phone while at a noisy restaurant, it is best if you are able to step out within seconds of answering the call. The first thing you must do upon answering is say, “I am at a busy restaurant and I apologize for the noise. I can step out if you need to talk to me.” If you don’t keep in mind that nobody wants to hear the background noise and have you continually saying, “what, what what?” every time they ask you something, then be considerate and professional and either don’t answer the call, or step out quickly upon answering. Or text the caller and let them know your situation.

Having a bad phone
If you have a bad phone with bad reception, don’t keep making the other person repeat themselves and then yell at them telling them they are breaking up. That is unprofessional and rude. It is YOU that have the bad phone and it is YOU who is breaking up, not the caller. So, invest in a better phone with better reception otherwise you will lose a lot of clients and will have nobody to blame except yourself.

In a signing
Don’t answer the phone only to tell the other person you can’t talk. That is just plain rude. If you can’t talk, don’t answer. If you do answer, give the other party 90 seconds before you get short with them — hear them out, and be considerate. After the clock strikes a minute and a half, then let them ,know that you cannot talk any more because you are at a signing.

Between signings
If you just got out of a signing, are between signings or are on your way to a signing and refuse to talk to someone, that is rude. If you are at a signing, there is a reason not to talk long. But, if you are between signings and someone calls about business and you tell them you are busy — then, they will have to call you back, but they will reach you at another signing when they call back. If you are impossible about talking to people you will lose half your business.

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May 3, 2018

Letter to Florida Notary Division

Filed under: Florida Notary — Tags: — admin @ 10:13 am

Dear Florida Notary Division,
I run 123notary and am constantly made aware of the sloppy behavior of the Notaries that you commission. I will remind you that the purpose in having Notaries Public in the first place is to ensure the integrity of transactions done via signed documents. The Notary makes sure the correct person signed the document, fills out forms, keeps records, administers Oaths, and upholds the law regarding Notary Public. Based on my quiz results for many Florida Notaries: Florida Notaries do not normally keep proper records, rarely administer correct Oaths, and do not have a clear idea of the laws affecting their work in many cases. Below are my comments and suggestions.

1. Journal Thumbprints.
A journal thumbprint is a piece of biometric evidence that Notaries should keep in their journal. The reason is that the FBI can catch identity thieves that steal people’s assets a lot more easily with thumbprints. Florida recommends against Notaries keeping thumbprints which essentially stifles the FBI. Florida is afraid that the Notaries will not be reputable custodians of biometric data and therefore recommends that they do not take the evidence to begin with. This tells me that the following MIGHT be true:

(a) Florida might desperately want to assist identity thieves in having open season in Florida, and wants to make sure that identity thieves not only can defraud hard working citizens, but that the rights to privacy of identity thieves will be honored at the expense of the safety of society, borrowers, signers, and Notaries by recommending against taking journal thumbprints. Ludicrous! The State of Florida might want to make sure that identity thieves will be protected from being caught and wants to deter the justice system from having adequate evidence to book these very dangerous white collar criminals.

(b) Florida commissions Notaries in a position of trust and integrity equivalent to that of police, attorneys, judges and government workers, yet doesn’t trust them to safeguard a thumbprint. Either you trust them or you shouldn’t commission them. Maybe you should spend more time figuring out who is trustworthy and who is not. Since 90% of your Notaries cannot administer an Oath correctly (which is the notarial equivalent of tying your shoes), I would consider weeding your database of the Notaries who refuse to know how to do their job. Or you could resort to actually training your Notaries and screening them a little better.

(c) The State of Florida is confused and doesn’t realize how stupid they are being by safeguarding society’s most dangerous criminals by discouraging Notaries from keeping journals and taking journal thumbprints. Discouraging journal thumb printing is similar in essence to discouraging wearing seat belts or condoms. Notaries might not get Aids, or break their ribs, but they could end up in court or jail as a result of this stupidity.

2. Journals
For the Notary’s safety, their notarial journal is their only hard evidence in court of what they did as a Notary on a particular date, or assignment as well as what they did NOT do should their seal be stolen, copied, or forged. By not requiring a journal for notarial acts you are endangering the public, Notaries, and their clients. There are many types of crimes that can be committed without a paper trail since you don’t require journals. The Notaries you have commissioned are mostly very lazy and negligent people who would prefer to spent an hour arguing with me about how journals aren’t required by their state so that they can save a few minutes each time they commit a Notary act. By not requiring journals you are encouraging people to be reckless. Additionally, one might argue that you as a state and as Notaries for that state are aiding and abetting criminals by not keeping proper records of highly sensitive transactions.

I give these Notaries the lecture about how California requires seat belts where India does not require having or wearing a seat belt in your vehicle. If you get into an accident in India, will you be any less injured since seat belts aren’t legally required? If an identity thief imposters you in Florida and steals the equity out of someones’ apartment complex, will you be in any less in trouble with the FBI in Florida simply because your state is too foolish to require you to keep adequate evidence of all transactions?

The reality is that the FBI has investigated many of the Notaries listed on 123notary.com. Many of the Notaries kept thumbprints in their journal which was a huge boon to the FBI. However, I heard that those without proper evidence are routinely accused of collaborating with frauds. Does the State of Florida really want their Notaries ending up in court or jail simply because they are too stubborn or stupid to require a simple journal? Millions of dollars of assets are on the line in each day of Notary work doing loan signings and you don’t even require a single record of the transactions conducted? Even third world countries are not this foolish.

Summary

My suggestions are as follows:

1. Be more careful appointing Notaries. Give preference to those who have held government jobs or highly responsible jobs in the past.

2. Have an IQ test and a meticulousity test to make sure Notaries are logical enough to make legal distinctions necessary to perform the duties of Notary Public. Many errors Notaries make are due to logic errors and scrambled thinking. Notaries also need to show they are adept at conducting themselves in a step by step manner doing paperwork otherwise they will not do good work filling out their Notary forms. You should test this before you put them through school otherwise you will be wasting their time.

3. Have a two day live seminar with hands on training. One day is not enough in my experience.

4. Test on Notary laws as well as on hands on procedure

5. Require Notarial journals and orthodox journal entry creation which means one entry per person per document notarized and no short cuts.

6. Require Journal thumbprints for Deeds affecting real property, Powers of Attorney, and transactions done with Credible Identifying Witnesses.

7. Check up on your notaries from time to time to make sure they are maintaining proper legal standards for your state.

8. Have a minimum fee of $25 per appointment for Notaries public plus $25 minimum travel fee as well as a minimum waiting fee for hospital, jail and other jobs that require more than ten minutes of waiting. Travel fees should be paid in cash at the door by law to discourage clients from manipulating the notary into committing illegal acts under the duress that the Notary will not be paid his/her travel fee if he/she doesn’t cooperate in some illegal act. Higher fees will give you a higher supply of higher level people which will be helpful when you weed out the incompetent Notaries in your state.

9. If you have fewer Notaries in the state, it will be easier to keep an eye on them. I recommend having roughly 25% of your current number of Notaries to ensure adequate quantity without sacrificing on quality!

Thank you
sincerely,
Jeremy Belmont
123notary manager

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Letter to California notary division
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April 17, 2018

How often do Notaries end up in court?

Filed under: Technical & Legal — Tags: — admin @ 10:24 am

Notaries can end up in court for a variety of reasons. If the person you notarized used a fake ID and you did not thumbprint them, you are likely to end up in court. If a borrower is suing the Lender and wants to sue all involved, you could end up in trouble. If you explain something poorly and the signer feels you are denying a legitimate request for service and they miss a deadline and experience a loss — you can end up in court.

Here are some ways to increase your likelihood of ending up in court:

1. Not keeping a journal
2. Doing hospital or elder notarizations (even if you are cautious)
3. Not taking journal thumbprints
4. Not explaining notary requirements clearly to irate customers who will lose big bucks if you refuse them service.
5. Doing a notarization for someone who happens to be in a court building at the time of notarization (sorry, bad example.)

So, bad communication and record keeping skills are the prime reason people get in legal trouble as a Notary.

One in seven full-time Notaries who we have spoken to (rough estimate) have ended up in court at least once. Having good records makes it a lot easier for judges and investigators. So, when we ask you to keep a journal, we are not doing that just to put another burden on you. It is for safety reasons — your safety and the public’s safety.

If someone copies your seal and impersonates you the notary and notarizes something, if you don’t have a journal of what you actually did in real life every day — then you will not be able to prove to a judge that you did not notarize that phony notarization and you can get in trouble or even end up in jail. So, if you don’t like jail, keep a journal. That is a far fetched worst case scenario, but you could get in bad trouble. So, keep a journal even if your state says you don’t have to because the FBI doesn’t play games and neither should you. And FBI is FEDERAL and they work in all states regardless of whether your state requires a journal.

.

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The FBI is at your door and names you as a suspect!
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March 31, 2018

Scenarios. The Chad question revisited

Filed under: Loan Signing 101 — admin @ 12:18 am

When I ask the Chad question to Notaries, I reword it sometimes to give some diversity the question (If wanted diversity why am I using a name like “Chad?”) The main point of the question is that I give instructions, divert the conversation with some other commentary about the situation, and then put the Notary in a situation where they will have to regurgitate the instructions.

Instructions:
Chad says, “If there is a problem, call me and only me. If I don’t answer, send me an email.” (Sometimes I say text or leave a message.)

You get to the signing. Jesse is the signer. You arrive at 11am. Jesse signs half the documents, but refuses to sign the flood disclosure until he can talk to someone. You call Chad. Chad does not answer. What do you do now?

Wrong Answers

1. You complete the signing and inform the borrower about their three day right to rescind. Of course, not all signings are refinances on personal properties, so there might not be a right to rescind. Commentary: This is not a bad way to proceed, but it is not following directions. Chad will fire you.

2. You call Title because that is what you normally do and it makes sense. Commentary: Yes, that makes sense and ordinarily you should call all contacts that you can call. However, your instructions were to call Chad and only Chad. Chad will fire you if you divert from exact instructions.

3. You leave the signing. Commentary: Bad idea. You need to give Chad a little time to get back to you. How much time is reasonable can vary. I would allow sixty minutes total for an appointment as a general rule. I would allow twenty minutes for a call back as a general rule. Give Chad a chance to call you back, and send him that email and leave a text too.

Correct Answer
Chad asked you to send him an email, so send him an email and do not call anyone else because he is the one paying you and told you not to. Doing what you are told will gain you many repeat clients. Disobeying them the minute they ask you to do something that you do not normally do, or something that doesn’t make sense to you, can get you fired. Just because an instruction doesn’t make sense to you doesn’t mean it does not make sense to the person giving it to you. If you don’t like an instruction, take that up with your boss at the moment the instruction is given, and not at the moment you wish to disobey the instruction. However, if Chad tells you to do something illegal as a Notary, you cannot and should not obey him. A Notary obeys the law first and then their client. If there is a conflict of interest between client and law, side with the law. If there is a conflict between client and best practices, side with best practices as a safety precaution for the Notary.

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December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Filed under: Journals,Technical & Legal — Tags: , , — admin @ 1:20 am

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

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http://blog.123notary.com/?p=19511

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http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

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December 5, 2017

If you’re named as an identity theft conspirator, it could cost you $20,000 in legal fees

Filed under: Technical & Legal — Tags: , , — admin @ 1:19 am

If you are named as a conspirator in an identity theft ring or identity theft case, you might be looking at some serious legal costs. Being a Notary is not safe, especially when you refuse to keep your books correctly (oh, but my state doesn’t require me to.) Excuses will not get you off the hook when you are a suspect in an identity theft case and when your journal doesn’t has a fake ID documents and no thumbprint (oh, but my state doesn’t require me to). Your state’s shoddy lack of requirements could cost you $20,000, but only if you choose not to keep proper records. Your state is not forbidding you from keeping good records. They just don’t require good records. It might be fun to just stamp things without keeping a record of what you did. But, the fun will go away when you are named in a law suit.

Legal costs might only be a few thousand, but could be as high as $20,000 in a worst case scenario.

Keeping a journal properly with:
1. One entry per person per document… i.e. if two signers each sign five documents that is ten journal entries.
2. Keep journal thumbprints as that is the only way the FBI can catch frauds if a fake ID is used (in many cases.)
3. Keeping additional notes about the signers might help in court such as mentioning tattoos, a nervous twitch, or anything else noteworthy.

Keeping good records is your responsibility as a good Notary whether required by law or not. Your refusal is pure obstinate and I won’t tolerate it for a minute. If you don’t understand good record keeping, the NNA teaches journal filling procedure quite well. So, consult them or risk possible legal consequences! Keeping your journal correctly doesn’t keep you out of court — it just normally shortens your time dealing with investigators and the court system to a few minutes instead of a few months. Take your pick!

.

You might also like:

What’s your sign? Tricks to uncover fake identification.
http://blog.123notary.com/?p=19638

Notary Public 101 – Identification
http://blog.123notary.com/?p=19507

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

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August 8, 2017

What is someone signs in the wrong line in my Notary book?

Filed under: Technical & Legal — admin @ 9:57 am

We recently got a bunch of questions from newer Notaries about journals which were interesting. Here are the questions and my commentary.

1. What if someone signs in the wrong line in my Notary book?
If someone signs in the wrong line in your Notary journal, this poses a problem. If they signed above the journal entry in someone else’s entry, if it covers the other signature, that is a problem. Just cross out the wrong signature without defacing the signature that belongs there. On the other hand, if someone signs below in a blank journal entry, just cross the entire line of journal entry out and have them sign in the correct place. If you are doing a husband and wife notarization and you fill out your journal for all of the loan documents for each signer — and the husband signs where the wife is supposed to sign (but hasn’t yet) just cross out the entire entry, make a note of what happened in the journal and make a new entry for the one that got botched.

It is better to watch signers and use your finger to point to where they are supposed to sign as they will likely sign in the wrong place.

2. What if someone forgets to sign my Notary Journal?
If you are doing a notarization, you need to fill out your Notary journal BEFORE you stamp anything. Yes, you can fill out the Acknowledgment and Jurat forms before the notarization or before the person signs or swears under Oath. But, you cannot complete the notarization by signing your signature to the certificate or stamping until the person has signed your journal and the corresponding document.

If you make a mistake and forget to have someone sign your journal — call them up and go back. Get them to sign after the fact. That is better than not getting a signature at all. Tell them that their notarization could get “nullified” or not recognized if there is no signature in your book. In real life, a Notarization can only be “disqualified” after the fact if there is a formal investigation by an Attorney, investigator, Secretary of State, etc., who determines that the Notarization was done fraudulently or incompletely. So, you can scare them with this information and they will most likely be willing to sign your journal. However, don’t scare them unless they refuse to cooperate just to be polite!

3. What if I am signing two documents for two signers — how many journal entries?
Two documents that two signers will sign both of? That’s easy. That is two entries per person = FOUR journal entries. Just prepare all four journal entries with the name of each document and signer, plus all other pertinent and required information in each journal entry. Each person’s name will appear in two entries — one for each document.

Jan 1, 10am John Doe Ack Power of Attorney Address CA Dr. Lic 5553334 Exp.10-01-21 Fee… Signature Thumbprint
Jan 1, 10am John Doe Jurat Affidavit Ditto Ditto Fee… Signature. Thumbprint
Jan 1, 10am Sally Doe Ack Power of Attorney Address CA Dr. lic 1234566 Exp. 10-09-19 Fee. Signature. Thumbprint
Jan 1, 10am Sally Doe Jurat Affidavit Ditto Ditto Fee Signature … Thumbprint

You can NOT say ditto for the other signatures. Signatures must be signed. If your state law requires thumbprints on Powers of Attorney or Deeds, then do so for all entries for a Power of Attorney documents and Deeds. There is no penalty for always taking a thumbprint as it is prudent.

There is MORE… to be indicated in the journal entry than I indicated. Document Date, Notes about the signing that might help jog your memory after the fact.

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May 23, 2017

How to negotiate signing fees like a pro!

Filed under: Business Tips,Comprehensive Guides,Popular on Facebook (very) — admin @ 10:43 pm

There are several ground rules when it comes to negotiations.

1. The first offer rule
The person who makes the first offer will never get an optimal price. If you start the bidding first with a high price, you might just get declined without being given a chance. If you ask too little, you will miss out on more pay. If you let the other person make the offer, you will end up with more on average.

2. Whining ruins your image
Notaries are notorious for whining. “You only pay $70….. OHHHHHHH, why can’t you pay more?” Who needs this behavior? If you are such a great notary, you would have plenty of people offering you $125 to $150, and you would just hang up on these low-balling fools. But, if you whine like a baby, nobody will want to work with you even if you accept their pathetic offer. Most notaries are so bad, they are probably not even worth what the low-ballers offer them. Most notaries refuse to study to become fastidious professionals.

3. Take it or leave it
Sure, nobody likes fax backs, but don’t complain. You either accept the job or you don’t. If the signing has 300 pages per set of documents, don’t complain. You either say yes or no. When I do my billing, people always ask me, “What did I pay last year?”. My comment is that it doesn’t matter because last year is over, and that doesn’t effect what this year’s price will be. They want to waste my time looking something up for their emotional gratification which affects nothing. What a time waster. Don’t behave like this. If someone makes you an offer, you take it, leave it, or negotiate. If someone wants to politely negotiate with me instead of whining, they will get a lot farther. First of all I will value them more as a long term client. Second, I will know that they will behave professionally with the people who use my site — and I value that much more than how they treat me. Third, it is not a headache to deal with them. If I ask for $200, and you want to offer a polite counter offer, then go ahead. $100 would be rude because it is out of the ballpark. But, what about $150? Try it. I will probably say no, since my prices were computer generated using six inter-connected formulas. But, it doesn’t hurt to ask.

4. Getting companies to up their fee by $35 is possible
But, I know some very fancy notaries who are at the top of their game who get $50 companies to pay $85. These smooth operators get close-by jobs for $85 that are only a few minutes away. They have fast printers that print 45 pages per minute, so the double set of documents takes less than 10 minutes. They buy their toner or ink wholesale. They don’t whine — they PLAN, and they negotiate! So, in a little more than one hour, these seasoned Ninja Notaries get the call, print the documents, go to the job, get it signed, and get back home, and send the invoice. After expenses they probably made almost $70 per hour. Not bad! So, how do they do it?

5. How to impress the client
A seasoned notary will explain calmly how they are famous for doing clean-up jobs after notaries who didn’t know what they were doing ruined a loan. Why not start with a pro and get it done right the first time? How much did you say you offered again? $60? I understand that you are on a tight budget, but my minimum is $100. I can help you out for $85 today though, since I have a little more extra time than I normally do. Wouldn’t it be worth it to you to hire someone who has signed 4000 loans, and who is meticulous? I have state of the art machinery such as an HP 250,000 printer with quadruple trays, and I can explain all of the documents. Would you like to drill me and ask me a sampling of your hardest loan signing questions to see if I am up to your highest standards?

6. Ask them to ask you their toughest question
Most signing companies don’t ask notaries questions. They should. If you ask notaries questions, 90% fall on their face because they don’t have a clue what they are doing. So, if you do know what you are doing, tell the signing company to shop around, but to ask each of the notaries they talk to how they would explain the APR to a non-borrowing spouse. If you don’t get a good answer after 45 minutes, then call me back! No notary with fewer than 5000 signings can do a graceful job of answering this question even though it is ridiculously simple. It requires study, and most notaries are opposed to that idea!

7. Don’t say anything that sounds phony
Please notice that all of the points I made sound real. None of this, “I’m professional and accurate and do error-free signings.” That sounds phony. Make real selling points because you are selling yourself to people who have been in this business for years and have dealt with thousands of notaries — most of them bad ones at that. Figure out what to say that proves that you are the logical choice to hire, even at an inflated rate. After all, the extra pay translates into less aggravation after the fact. How much aggravation and potential re-drawing fees is the $20 savings worth to you anyway, you tell me?

8. Having a pricing formula sounds impressive
If you don’t like to negotiate, but like to use pricing formulas, that will make you look good. People who understand distances, time involved and other expenses are true professionals who know their business inside out. You might not always get the highest possible fee with formulas, but you will get respect and repeat business.

9. Negotiation points summarized:
I do clean-ups for other notaries who make mistakes; 5000 loans signed; ask me your hardest loan signing question and then ask the other notaries who you are calling; I have an HP (name) printer that prints 45 pages per minute. I have a mobile office — beat that. I’m ready now — let’s do this! All work guaranteed or your money back!

A comprehensive guide to Notary pricing
http://blog.123notary.com/?p=16504

Can you negotiate prices with SnapDocs?
http://blog.123notary.com/?p=16236

Negotiating with aggressive callers
http://blog.123notary.com/?p=16278

Notary Marketing 102 – Negotiating Fees (a thorough guide)
http://blog.123notary.com/?p=19784

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May 18, 2017

10 ways Female Notaries can protect themselves

Filed under: Best Practices,Popular on Facebook (very),Popular Overall — admin @ 10:40 pm

Life as a signing agent is generally very safe. I was a signing agent for seven years without incident. The worst thing that happened to me was being barked at by a little dog whose owners were a bunch of jerks. But, in the history of 123notary.com, there have been some creepy and dangerous things that have happened.

A list of dangerous things that have happened to Notaries:

1. One Notary was pushed down a short flight of stairs by an angry borrower that didn’t like his rate.
2. Another Notary got locked in a house while a borrower was taking a shower.
3. One Notary did a signing for a guy who had a room full of mannequins.
4. On another occasion a signer said, “You will be all alone with me.”
5. One guy had was a hoarder and had no place to sit other than a disconnected toilet in the middle of the room.
6. One signer came out of the house with a gun — however, he was not after the Notary, he was after a pit bull running around the neighborhood.
7. There are borrowers with AK-47’s in their house and weapons of all sorts.
8. Additionally, there are homes that just aren’t safe to go into due to mice, hoarding, bacteria, etc.
9. One of our New York Notaries went to a tenement building in the South Bronx where low-lifes were hanging around and making inappropriate comments to the Notary.
10. Sometimes a signer will get to a signing in the middle of an ice-storm, hurricane, or other bad weather.
11. One signer was invited into a guy’s bedroom to see a picture.

So, as you can see, being a Notary can be hazardous to your health. One was physically injured, but, nobody has been killed. Only two Notaries we have heard of have been sued: one by the Massachusetts Bar Association for doing signings without being an Attorney. The other one got sued because the Lender screwed up and the borrower was suing everybody. The most common problem Notaries face is not getting paid by signing companies. So, research who you work for before you do anything!

So, how can lady Notaries protect themselves in this dangerous world we live in. Here are some ideas!

1. An escape route
When you enter someone’s house. Sit in a place where you have a view of the door and who is coming. Also sit in a place where you have an escape route where you cannot be cornered.

2. Text your address to your hubby
Let your significant other know where you are going to be. Text him/her the address and schedule so they can call the police if you don’t get out of there alive. Keeping in contact with the signing company can also be a way to protect yourself assuming you have a close relationship with their reps. If they are generally unresponsive, then they would not constitute a security feature!

3. No hood after dark
Know your territories and don’t go to bad areas at night. Taking precautions is the most effective form of self-defence!

4. Bad weather is a lot more likely to harm you than bad people. Think twice before going out in an ice storm, or in other really inclement weather as you could get stranded, or in a very dangerous crash. You need to know how to distinguish between unpleasant and dangerous weather.

5. Going to remote areas where you could get lost on long dirt roads or mile long dirt driveways at night is not a great idea. There are rarely street lights in these areas as well. Seasoned Notaries refuse to go to these types of places at night.

6. Learn self-defence.
Women need to know how to get out of choke holds, and how to defend themselves from people who grab them. Do you know how to stomp on someone’s foot who is holding you from behind? Do you know how to elbow someone hard? You probably will never need these skills, but what if you do?

7. Carry a taser.
If you want to temporarily disable a person without harming them too badly, a taser can be the way to go.

8. Carry mace.
You are much more in danger from dogs than from humans. But, in either case, if anyone messes with you, they get a face full of mace!

9. Distress button
Some people have a little button on their person that they can press for distress. This is more something that spies or military would use, but it might be possible to get one. The question is, who will hear the distress signal?

10. Carry a loaded gun.
You can keep it in your car or take it in with you to the signing. But, if you shoot someone, you’ll be in court for a very long time, face jail time, and be in huge trouble. So, think about whether it is worth it or not ahead of time. If you don’t know how to use a gun, you might get yourself in even more danger. Knowing how to shoot is half the battle. Knowing how to get your gun out of your bag or glove compartment before the bad guys get you is the bigger half.

You might also like:

Lady Notaries need to show caution
http://blog.123notary.com/?p=17469

I’d rather stop being a Notary than carry a gun
http://blog.123notary.com/?p=15896

Notary pushed off stairs by borrower
http://blog.123notary.com/?p=1097

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