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October 16, 2014

The Right to Cancel done Wrong

The Right to Cancel done Wrong
It’s easy to make errors on the Right to Cancel, also known as the Right of Rescission form. Unfortunately this form must be free of errors prior to funding. There are several ways to make a mess of it. This entry will cover a few of the more common errors; I’m sure some creative notaries out there will comment on the aspects that I neglected to mention.

Perhaps the most blatant error is to have to applicant sign in the “I wish to Cancel” area and not on the “I received two copies” area. Sounds silly? But, it does happen. This is a real show stopper as escrow and lending are faced with a cancellation that they cannot ignore! You cannot just line thru to improper signature (redact/initial) and have them sign in the proper place, the page must be replaced and signed *only* in the proper place.

“Three Business Days” that’s the standard. But, like so many things that sound simple it has some not so obvious gotchas. Those three days, when crossing a Saturday, have different meanings to different lenders. Thus, that “right of rescission” calendar that you carry stands a good chance of being wrong. Some count Saturday as one of the three days, some don’t. Of course if it’s filled in, along with the correct signing date; no problem. But to be sure, when a Saturday is involved you have to ask the proper authority for them to supply the end date of the rescission period. Your calendar “might” be wrong!

Each borrower is supposed to receive two *executed* copies of the RTC. They are not executed by merely being in the borrower document set. It is required that you “fish out” these pages and have the borrower(s) sign as received and the proper dates are on the top portion of the forms. You don’t do that? You have done many packages without a problem. Well, if you want to be a perfectionist, leave the borrower(s) executed copies (2). Often there will be only one RTC per borrower – so go the extra mile and be sure to return two executed per borrower with the docs.

Sometimes the signing gets pushed back a day or so. The RTC must be changed to reflect the new signing date and the correct end of the RTC. If there are preprinted entries they get a thin line thru them and the borrower initials the end of the line, not you! Then, the correct dates are entered, neatly please. The same procedure for the borrower copies. Two borrowers? You need to correct and have signed four forms. It’s a good idea to print a few spare forms…..

On rare occasions I have been asked to have the borrower(s) *only* initial the date areas that will need to be changed, with no dates entered. I do not feel comfortable with this. However, if you do this; be sure to do exactly the same process on the borrower(s) copy.

Often the “checklist” will mention the RTC but it will not be included in the package. It’s only relevant when the security for the loan is the borrower’s primary residence. Thus, if the property in question is for investment or a second home; there will be no applicable RTC forms.

Always pay extra close attention to the RTC, it’s a federally mandated form and must be perfect or you will get a request to visit the borrower again. This is the one case where you cannot swap out the borrower copy page to correct a flaw; as that page too must be perfect.

You might also like:

The 3 days to rescind
http://blog.123notary.com/?p=19102

The 30 point course’s guide to the Right to Rescind
http://blog.123notary.com/?p=14356

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

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September 29, 2019

Does the Notary have the right to be rude?

Filed under: General Articles — admin @ 11:15 pm

As a Notary, you will have people pulling and pushing you from both ends. It is a lot to handle. Plus accompanied by non-paying clients, bad road conditions, animals harassing you, and endless cancellations, it can get to be too much. In my job, if I am on phones all day long, I have to deal with dozens of rude people per day and it can really get to me, and that is why I can sometimes be snippy. I also have to extract answers to simple questions and 90% of the time get the run around which really drains my patience after the first 200 calls. But, I digress.

Basically, there is no right or wrong. But, if you are rude to a client, they can write a complaint about you. If it is your first complaint and you have a good track record, I often keep the complaint private. But, if you get regular complaints, you might get into a bit of trouble at 123notary and I will publish the complaints.

None of us are perfect, and the stress of the daily nonsense doing Notary work adds up. If the stress gets too much, it is easy to be rude. But, think about it. Being rude can get you fired, or written up. Is it worth it? In my opinion, if you value the client, then no. It is a better policy to be like the folks at banks and try to be polite no matter how crazy the other party is. They also get bad karma from being jerks, so just realize that they are not off the hook being rude to you in the long run.

Additionally, people will treat you like you are the bad guy when you have done nothing wrong. Just try to roll with this as it is just part of people being unreasonable which is the norm these days. Of course, dealing with unreasonable mean people can just add up and get to you no matter how patient you are. Just do your best.

Try to just ignore other people’s bad behavior and just politely do your job. It is hard, but it is a good habit to get into. Turn the other cheek and take the high road.

You might also like:

Notary Etiquette 104 – a thorough course on etiquette
http://blog.123notary.com/?p=21132

Borrower etiquette from A to Z
http://blog.123notary.com/?p=2995

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March 23, 2017

The 3 day right to rescind

Filed under: (4) Documents,Loan Signing 101 — admin @ 8:00 am

This article intends to clarify dating on the Notice of Right to Cancel or RTC.

A borrower went to confession

TOM: “Forgive me father for I have rescinded.”

PADRE: “Did you rescind in the 3 day period?”

TOM: “Yes, father.”

PADRE: “Then, it is okay in the eyes of the lord. 3 hail Mary’s.”

TOM: “It was in two days, so can you reduce my sentence to 2 hail Mary’s?”

When you get a non-commercial and non-investment personal refinance, traditionally you get three days to resind or cancel your loan. Counties these three days is a skill that Notaries need, but don’t always have. In the old days, and with certain lenders, the Notary is reponsible to write in the TRANSACTION DATE in a blank in the RTC.

The transaction date is the date when a notarization is done or when a loan is signed. Technically with Acknowledged signatures, the signature can be made previous to the Notarization. It might be five minutes previously or twenty years previous to the notarization. During loan signings, the documents are normally signed at the time of the loan signing and promptly notarized.

The signature date is normally the same as the transaction date, but not necessarily and is the date the person signed the document. Once again, in an Acknowledgment, that could come before the notarization if the borrower wishes to sign ahead of time, but at a loan signing is normally on the date of the loan signing.

The notarization date is the date when a document is notarized.

The recission date or deadline or last day to rescind is three days after the date of the signing not including Sundays or Federal hollidays or other days that the Lender allows.

Please note that business days only include Monday to Friday while days to rescind include Monday to Saturday not including Federal Holidays of which there are ten.

Let’s do some practice runs.

(1.) A loan is signed New Year’s eve on Friday the 31st. What is the last day to cancel your Refinance?
Sat would be New Year’s Day a Federal holiday. Sunday would be a Sunday and not counted. So, you would have… Mon, Tues, Wednesday would be the last day.

(2.) A loan is signed on Monday in April when there are no Federal holidays. The last day to cancel is… Tues, Weds, Thursday would be the last day.

(3.) A loan is signed on Sunday in April. The last day to cancel is… Mon, Tues, Wednesday would be the last day to cancel.

(4.) A loan is signed on Thursday in April. The last day to cancel is… Fri, Sat, skip Sunday and Monday would be the last day to cancel.

(5.) A loan is signed Wednesday before Thanksgiving. The last day to cancel would be… Fri, Sat, skip sunday and then Monday would be the last day to cancel UNLESS the Lender allows Friday as an arbitrary holiday (they can be generous if they like) in which case it would be… Sat, Mon, and Tuesday would be the last day to cancel. Whether Black Friday is considered a holiday or not is up to the Lender and they are 50/50 on this one. But, if they don’t specify, then it is considered a regular business day with exceptionally long lines!

Now boys and girls, we understand the RTC or Notice of Right to Cancel. We hope you are also aware of when the ten Federal holidays come. It is not a bad idea to have a Rescission Calendar. I heard that the NNA might have them, so get one that fits in your wallet.

What’s in YOUR wallet?

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March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

Our friend Marcy had screwed up a few signings by now. But, she wouldn’t give up. She was determined. She was unfortunately determined to go out there because her friends told her to have confidence and go out there. What she really needed to do is more studying before she screwed up anyone else’s loan. Maybe after this screw up she’ll hit the books before she accumulates some more bad karma.

ROCHESTER: Hi, you must be Marcy, the Notary.

MARCY: Sure, yes, just call me Marcy. Oh, that’s what you called me. Yes, I usually go by Marcy.

ROCHESTER: So, can I offer you a glass of orange juice before the signing?

MARCY: Yes, that would be wonderful. But, we’ll put it on a separate table or chair. I don’t want to tell you what happened at Starbucks a few days ago.

ROCHESTER: Oh, I love Starbucks. How could anything go wrong there?

MARCY: Oh boy. Let’s not talk about it. Let’s just make sure nothing goes wrong here.

ROCHESTER: Nothing can go wrong. I went over all the numbers with my Lender this morning. Just relax.

MARCY: Okay, no surprises then. Here are the documents. Let’s sign away.

ROCHESTER: Okay, hmmm. Uh-oh. My name.

MARCY: Your name? Your name is Rochester Smith.

ROCHESTER: That’s the whole thing. The docs have my name as Rochester T Smith. I never sign that way.

MARCY: No problem, I have the Lender’s phone number on speed dial, and your ID has your name as… uh-oh!!! (ring-ring) hmmm, he doesn’t seem to be picking up. Typical Lender. Always there to sell you a loan, but never there when you’re at the signing and something goes wrong. I think we need a 3-way appointment next time to make sure they are available. I’ll just leave a message.

ROCHESTER: Well, I can’t sign like this. I never sign with my middle initial.

MARCY: I can’t notarize you with the middle initial anyway since it is not on your ID.

ROCHESTER: Well, we’ll have to end the signing then. I’m so sorry Marcy.

MARCY: Oh, it’s okay.

Little did Marcy know that she could use the Signature Affidavit and AKA statement to write in all of Rochester’s name variations including the one without the middle initial. They could sign the docs as one of the variations such as printed on his ID, and the loan would go through unless the Lender objected. Lender’s often plan on selling the loan, so they don’t want too many (or any) discrepencies. Since Rochester wouldn’t be able to get another ID, the Lender wouldn’t have too much choice in the matter other than to forfeit the loan after his many hours of involvement. Once again, Marcy ruined another loan because she didn’t do her homework. Sounds like some of the notaries on 123notary who didn’t want to take additional certification courses and tests because they didn’t “need” to. Oh well. Perhaps it is really the Lender’s fault for choosing an untested Notary.

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Point (10) The Signature Affidavit and AKA Statement

Signature Affidavit
There are many variations to this one. Here are some other names: Name Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, etc. These documents are often sworn oaths; if so, make sure to have the borrower(s) raise their right hand and swear to the correctness of the document or whatever the document asks them to swear to. This document is the one where people have to, or are allowed to, list all of their names including previous names from a long time back.

Generally, the name that the borrower is using in all of the documents appears on the top of the page; they have to sign to the right of that. Then, if they have name variations, those will be listed below. The printed name variations are usually on the left while the borrowers should sign to the right. The spelling of the names on the forms are not always correct. The names are obtained from credit reports that, at times, have the names misspelled. Keep your eyes open. Be sure that the borrower signs the variations exactly as they are spelled. Watch them like a hawk. Borrowers always screw this document up. If the names are not their real names, explain to them that the information came from credit reports. The data entry clerks who work at the credit bureau don’t always have good spelling skills. However on this particular document, the borrower has to sign exactly the way the misspelled name is anyway.

Notarizing the Signature Affidavit
This document is almost always notarized. Be careful doing your acknowledgment wording. If the person has one or more name variations, then the wording should be as follows (this is the California wording, it may not apply in other states, and I’ll skip the beginning wording):

The person(s) [cross out the ‘s’] whose name(s) [don’t cross this ‘s’ out although it is a habit] is/are [cross out the ‘is’] subscribed to the within instrument and acknowledged to me that ——— by his/her/their signature(s) [keep the ‘s’] ——-

It is difficult to remember how to fill out the wording for a single person with multiple names. Please refer to the Signature Affidavit in the sample document section to see how the wording is done.

The most important fact about the Signature Affidavit: If a borrower insists on signing in a way that is different from the name printed on the documents, the loan will often (not always, but often) still go through if that name they are using during the signing shows up in the Signature Affidavit. As always, ask the Lender before you use any name variation that is different from what is printed on the signature area of the documents. But, if the Lender doesn’t answer their phone — and they often don’t, then you are forced to use the skills you learned by learning the ropes! Just be sure not to hang yourself with one.

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You might also like:

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

30 Point Course (11) Following Directions
http://blog.123notary.com/?p=14379

The Signature Affidavit
http://blog.123notary.com/?s=signature+affidavit

The Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

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September 17, 2019

Ken’s most popular oldies

Filed under: Ken Edelstein — admin @ 3:55 am

Here are some blog entries that I like to link to, but they tend to get buried.

Dress British, Think Yiddish
http://blog.123notary.com/?p=8643

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

The Right to Cancel done Wrong
http://blog.123notary.com/?p=10001

Notarizing your foreign language document
http://blog.123notary.com/?p=2768

A job declined
http://blog.123notary.com/?p=19979

Ken’s list of things a notary might goof on
http://blog.123notary.com/?p=19427

Split PDF’s into legal and letter
http://blog.123notary.com/?p=8856

The Affidavit of Occupancy
http://blog.123notary.com/?p=10193

The Compliance Agreement
http://blog.123notary.com/?p=15828

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July 30, 2019

Legality without Integrity

Filed under: Ken Edelstein — admin @ 2:26 am

Most of my readers are probably notaries, but not attorneys. We have been hammered many times to not practice law. Not so fast, there are many exceptions to that edict. Ken’s nuts, you think; give me a chance to change your mind. To me the illegal practice of law is directing a specific course of action for a specific person or situation. It does not prohibit sharing what is commonly available information. Sometimes, you should share your advanced knowledge.

Eschew doing that POA.

The caller wants me at a hospital to do a POA. I cover the requirements that you already well know. The legality is there. But how about the Integrity? I ask how is the POA to be used? It is to access a bank account and to transfer funds from a brokerage account. So, I ask the caller where they obtained the POA forms, from LegalCrawl on line is the answer. Well, I know that most banks and other financial institutions require their own Power of Attorney form and will accept no other. It would be a fee in my pocket to proceed, but integrity requires explaining that they will need to find specifically which institutions they will go to, and to get their POA forms first. That’s not playing lawyer, that is sharing notary knowledge about how financial institutions work. Don’t print borrower copy, we will send the borrower a copy.

We are not required to read all the forms the borrower will sign. However I know that many forms contain the statement that the borrower received a copy of that document. Worse yet, in some of the requests the borrower would receive their right to cancel way after the passing of the rescission date. I would be following instructions to the letter by not giving a borrower copy. This often happens with buyout of pension and similar situations. Clearly the high ground is to always provide a full copy to the affiant. Sometimes a subset – the borrower copy – is provided that you are told will save you paper! Integrity requires a full set of all papers processed. When you are told it would soon be illegal don’t proceed.

Another POA situation. They were unable to get the Will signed due to witness unavailability. They mention that fact and want POAs to access the very soon to be deceased person’s assets to pay for a decent funeral. Whoa. A POA has no validity when the Principal is dead. They stress that the Principal will be dying tonight, but can sign the Power of Attorney. Thus, the POA would be valid only for a few hours at most. Telling them the POA limitation is what should be done. As they told me the POA would be used after the death of the Principal I decline to proceed. It’s all about sharing knowledge

Obtaining birth, death and marriage certs is time-consuming in New York. Long lines and multiple forms are involved. Sure I process them for a worthwhile fee. But, when the client has a lengthy time window – they are not in a hurry; I provide the cost effective option. An option that cuts me out of earning a fee. I tell them about vitalcheck.com – and that they can order via the internet – if they can wait a few weeks. Tell your clients what you know, get the integrity star next to your name in their file. You might lose the current job, but will be called for the next.

You might also like:

Parties involved in a Power of Attorney
http://blog.123notary.com/?p=21439

Compilation of posts about lawsuits and legal risks
http://blog.123notary.com/?p=20478

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January 8, 2019

Spousal States List

Which states are spousal states for Notary Loan Signing?
Alabama
Alaska
Arkansas
Colorado
Florida
Illinois
Iowa
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Jersey
North Carolina
North Dakota
Ohio
Oklahoma
South Dakota
Tennessee
Vermont
West Virginia
Wyoming

Note
If you are a married homeowner in a Spousal State, your spouse is required to sign certain documents to attest that he or she is aware of the new loan.

Typically, the spouse will need to sign the Deed of Trust, the Right to Cancel, the Truth-In-Lending (TIL), and a few other title and settlement documents.

Your spouse is not financially responsible for the mortgage transaction by signing these documents as long as they are not on the note (the note is the legal-binding document that defines the terms of the loan and who is responsible). They are just acknowledging that a new mortgage is being taken out against the property.

It’s also important to mention that anyone on the deed to your home must also sign the spousal documents, whether you live in a spousal state or not. All owners of the home must acknowledge that you are borrowing against the home.

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You might also like:

Spousal States List on the Forum
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4329

The 30 point course – a free loan signing course on our blog
http://blog.123notary.com/?p=14233

Signing Agent Best Practices
http://blog.123notary.com/?p=4315

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August 14, 2018

Title Companies: 123notary Certification – what you need to know about it.

Filed under: Uncategorized — Tags: — admin @ 10:54 am

What does 123notary Certification mean in 2018 and 2019? A letter to title companies.

123notary teaches, screens, and certifies Notaries on:
Notary Basics
Loan Documents
Unusual Scenarios (that can lead to damages)
Clear Communication
Following Directions

We go to this trouble to make your title company’s screening and hiring procedure for new additions to your roster more streamlined, and lessens the chance of serious legal complications in the long run due to improper notary work.

We know that many of you would like to hire better quality Notaries. Are our current certified members up to your standards for being a “good Notary,” and how much extra do you feel they merit per signing? Would it be too much trouble to call a handful, talk to them for a few minutes and size them up and see for yourself how much better you feel they are compared to an average signing agent?

Our 2002 through 2017 tested mainly on loan documents and a little bit on Notary procedure, but involved mostly online testing which was taken advantage of by Notaries who found ways to game the system. As of 2018, we cleaned up our certification, removing those who cannot demonstrate a certain level of still on oral & email quizzes to ensure reliability to your hiring parties. We reduced the quantity of certified members from about 1600 to about 160 and will continue to screen certified members every year or two for quality control purposes.

Our 14 point certification process generates Notaries who are generally polite, responsive, cooperative, and technically competent. I can go over our process in as much detail as you like, but first I would like to let you know that most notaries will not aggressively pursue education on their own. They will only study hard if those who hire them recommend, require, or offer preferential treatment to those that do.

If you have Notaries who you would like to send over who you use regularly who would benefit from a tune up — or those who are not good enough to put on your list due to a lack of basic knowledge, we are happy to tutor, train, or enroll them in one of our courses. This collaboration of our forces will benefit both of us and does not cost title companies a penny. Our work on 123notary is for the greater benefit of title companies. However, we charge the Notaries for advertising and education and never charge title companies for anything.

If you would like to see our sales literature, just visit our loan signing courses page on 123notary.com. If you like the reliability of our screening we would like it if you can endorse our certification. Additionally, a few dozen of our notaries have our elite certiifcation which is a much more refined version of our certification.

We would like referrals and endorsements from agencies and individuals who work at agencies that hire Notaries in exchange for us helping you to refine the quality of your signing agents.

THE CERTIFICATION PROCESS

a. 123notary certification starts with reading our educational materials. We have loan signing courses that we sell. We also have free Notary basics materials in our blog at Notary Public 101 which we are in the process of adding to our sold materials for the convenience of the buyer. However, that material on the blog is open to the public, so our students can see it at any time.

b. We also offer Q&A by email and even tutoring to those who want it. Sometimes the technical aspects of Notary procedure can be complicated and a one on one session can be the best way to learn.

c. Testing is done online, but also as a follow up by phone. Testing by phone is more reliable as a measuring stick as we can ask open ended questions, multiple choice, fill in the blank, etc. Additionally, we know that we have the correct entity taking the test and can adjust our questions to exactly what we want to ask. We can also more easily monitor how many times and when the person took the phone test than with online tests many people abuse the privilege and treat it more like a video game that they keep playing until they win.

KNOWLEDGE REQUIRED
The knowledge required to pass our test as of 2018 includes:

1. Notary Acts. We require Notaries to know when particular notary acts are used, how to explain these acts, and what the requirements of each basic act are including Acknowledgments, Jurats, Oaths, Affirmations and Proof of Execution. We do not teach other acts as they are uncommon and not necessary. We also require Notaries to know how to administer Oaths as they are required by law when executing a Jurat which is done on Affidavits as a matter of custom.

2. Notary Terminology. We require Notaries to know basic Notary terminology such as Venue, Affiant, Certificate, terms relating to Power of Attorney, etc.

3. Certificates. We go over how to fill in the additional and optional information in certificates which deters the fraudulent as well as accidental swapping of certificates to other documents.

4. Journals. We teach prudent journal entry procedure using the one entry per signer per document principle.

5. Power of Attorney. We teach Notaries to follow instructions to a tee on AIF signings and to call in if instructions are omitted or not clear as to how an Attorney in Fact should sign in their capacity.

6. Identification. We teach Notaries how to make sure the ID proves the name on the document. This may or may not be a legal requirement in their state, but it is a prudency requirement that helps reduce the chance of ending up in court.

7. FAQ’s. We teach the basics of FAQ’s at loan signings such as:
(a) When is my first payment due?
(b) Where can I read about my prepayment penalty (if there is one)?
(c) Why is my APR higher than my rate?
(d) Where does it say where my payoffs and fees are located?

8. We teach the basic loan documents. Our emphasis used to be mainly on documents while our current emphasis is on issues that can cause financial damages to companies involved in transactions which are normally Notary issues or issues pertaining to negligence in business matters.

9. RTC. We teach how to date the Right to Cancel in a Refinance for an owner-occupied property.

10. Errors on Certificates. We teach the various ways to deal with errors on certificates, but this gets into state specific areas and also in to areas pertaining to the preference of the Lender or Title company involved.

11. After-Service. After a Notary signs a loan, they still might be needed for several days to clean up errors or answer questions. Notaries are not normally aware of how long they need to be around, so we tell them what types of situations can arise after the fact and how being unresponsive by phone and email will not make them popular with Title companies.

12. Elder Signings. Issues involving the competency and state of mind of signers is critical with elder signings. Elder signings normally take place in the hospital, but it is possible that for loan signings, especially Reverse Mortgages, that elders could be there. If an elder is on morphine, they are not in a position to sign. And if they cannot paraphrase a document, it might be dangerous to notarize them for legal liability reasons.

13. Foreign language signers and foreign language documents. We address these points a bit. A Notary must have direct communication with the signer in all states but AZ where oral translators are, or were allowed. However, for safety, you should not rely on a translator, because if they make a mistake, you could end up in court and you would be ultimately responsible as the Notary Public involved in the particular transaction.

14. Omitted Information. Sometimes a Notary will go to a signing. The instructions might say, “This page must be notarized.” However, there might not be a notary certificate. In some cases there might not be a signature line. We teach how to handle these situations gracefully.

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DANGERS OF HIRING A SHODDY NOTARY

1. Oaths. If you hire a notary who does not administer Oaths, your loan could be questioned, or perhaps even overturned in court by a Judge once the judge finds out that an “incomplete notarization” has taken place. Omitting an Oath makes a Jurat notarization on a Signature Affidavit, Occupancy Affidavit, Identity Affidavit or other Affidavit incomplete and therefore a Judge could declare the document not notarized, and perhaps declare a loan as invalid as a consequence. This would cause serious legal and financial damages to many parties involved. 90% of Notaries we talk to do NOT know how to administer an Oath correctly and most do not administer Oaths at all… ever, because they think it is not “required” in their state. It is required nationally.

2. Dropping Packages on time. If you hire a Notary who holds on to packages when they don’t know what to do in a particular situation, or because they just are not in the habit of dropping documents quickly, you might not get your important documents back on time. This is dangerous and can cause delays in funding, missing the lock in an interest rate, or your loan getting cancelled. Often times several days later, the documents will be found in the trunk of the Notary’s car. Each incident of forgetting to drop a package can cost you hundreds or thousands.

3. Identification. If you hire a sloppy Notary who does not make sure the name on the ID proves the name on the document, it is possible for your loan to end up in court costing all parties thousands. The lack of thumbprints in a Notary journal also makes it hard to identify someone who used a fake ID.

4. Journals. If you hire a Notary who does not keep a journal, you might not experience trouble for years. The minute your notarizations are called into question by an Attorney, the lack of evidence (namely the notary journal) would come back to haunt you and cause a nightmare. Without evidence, you have no way to prove who notarized what, or if a fraudulent notary impostering a real notary did the work. You have no idea who did what or when or what type of identification was used, or even if the signers consented to being notarized.

Additionally, if your sloppy Notary uses the “cram it in” style of journal entries where one line in their journal accommodates all documents in a loan signing (legal in some states but not prudent) your borrower could claim that they never had all of the documents notarized, but only one, and therefore the loan is void and the transaction must be cancelled, etc. This happens once in a blue moon when a borrower wants to get out of a transaction, and legally it is hard to prove if they consented to be notarized on five documents in a transaction when there is only one signature in the journal for five documents. You could claim that the Notary was in cahoots with the lender and added four additional documents after the fact.

5. Confirming. Improper confirming of signing can lead to a lot of wasted time. If the name on the ID does not prove the name on the document, there is no point in going to the appointment. There are many other critical points to go over when confirming the signing. The majority of Notaries either do not confirm signings, or don’t do so thoroughly enough which can cause a lot of loss of time and perhaps delays in the loan process.

6. Following directions. Many Notaries do not follow directions well. This can cause a huge loss to companies that hire them assuming your directions are critical to the success of the the signing. We screen for following directions when certifying signing agents. None of them are perfect, but we weed out a lot by asking a few following directions questions.

7. Notarizing for non-English Speakers. If you notarize for non-English speakers, this can lead to liability if you cannot communicate effectively with them. Any misunderstanding could come back to you.

8. Dating the RTC. You would be surprised how many Notaries cannot date a Right to Cancel. That can cause financial damages to any company that hires them.

9. Elder Signings can be a source of liability. The elders don’t always understand what they are signing. A competent Notary makes sure the signer understands the document, especially if elderly or in the hospital.

10. Being responsive after the fact. Many Notaries disappear or play hookey after a signing. Notaries are needed to answer questions before, during and after the signing. If they are not, this could cause grief to the hiring party.

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Do you have to be a CSS to get work these days?
http://blog.123notary.com/?p=8914

Elite Certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

If you were hiring a notary, what would you look for?
http://blog.123notary.com/?p=16750

If Donald Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

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June 3, 2018

Index of information about documents

Filed under: (4) Documents — admin @ 2:12 am

Here is an index of posts about commonly notarized documents as well as documents that might show up in a loan signing that are of interest to Notaries.

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POPULAR DOCUMENTS

TRID Information
http://blog.123notary.com/?p=18932

Good Deed Bad Deed — Deeds explained
http://blog.123notary.com/?p=16285

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ALPHABETICAL ORDER

4506 — Request for Copy of Tax Return
http://blog.123notary.com/?p=16472

Affidavit of Citizenship
http://blog.123notary.com/?p=18847

Affidavit of Occupancy
http://blog.123notary.com/?p=10193

Affidavit of Support
http://blog.123notary.com/?p=17528

Affidavit of Support and direct communication with the signer
http://blog.123notary.com/?p=7084

Closing Disclosure
http://blog.123notary.com/?p=17116

Compliance Agreement
http://blog.123notary.com/?p=15828

Good Faith Estimate
http://blog.123notary.com/?p=18845

HUD-1 Settlement Statement
http://blog.123notary.com/?p=10197

Living will versus Medical Power of Attorney
http://blog.123notary.com/?p=18966

The Mortgage & The Note
http://blog.123notary.com/?p=13203

Power of Attorney — see our index page
http://blog.123notary.com/?p=20255

Power of Attorney — see our string results
http://blog.123notary.com/?tag=power-of-attorney

Quit Claim Deed
http://blog.123notary.com/?p=18905

Signature Affidavit & AKA Statement
http://blog.123notary.com/?p=16298

The Signature Affidavit
http://blog.123notary.com/?p=13190

Subordination Agreement
http://blog.123notary.com/?p=17526

Right to Cancel
http://blog.123notary.com/?p=19102

The Right to Cancel gone wrong
http://blog.123notary.com/?p=10001

TRID Information
http://blog.123notary.com/?p=18932

Universal Loan Application — The 1003
http://blog.123notary.com/?p=18843

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April 4, 2018

123notary 2018 Certification Standards

Filed under: Certification & Communication Skills,Loan Signing 101 — admin @ 2:26 pm

Due to the fact that the Notary industry has changed, and the values of people hiring Notaries have changed, we have changed the requirements for being certified. In the past, people valued our certification and gave our certified members a lot more clicks as knowledge was a commodity with a price tag. These days, knowledge is less valued and the type of knowledge that is valued changed from being more document focused to be more about manners, following directions, being business-like, and being good at Notary work. Additionally, those hiring Notaries either want someone who is very knowledgeable or don’t care about knowledge at all. The Notaries who were simply mediocre with a certification or without a certification seem to get the same amount of business. However, those who do not know how to function at all as a notary get substantially less clicks on our site. By passing our online test you can get a temporary certification. However, the over the phone test gives a longer term result. We feel free to retest people as often as we find necessary. Below are our new elaborated requirements for regular 123notary certification.

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NOTARY KNOWLEDGE

Note — we require an 80% on general Notary knowledge. Topics included are listed below and are taught thoroughly in Notary Public 101.

Notary Acts
Intimate knowledge of Notary acts such as Acknolwedgments, Jurats, Oaths, Affirmations and Proofs is necessary to pass our test. You need to be able to distinguish between the details of the characteristics of each act and explain each act thoroughly and accurately which is harder than most Notaries realize.

Form & Journal Filling
Detailed knowledge of how to fill in a Notary journal and certificate forms based on good practices and NOT based on your state’s particular rules.

Oaths & Affirmations
Detailed knowledge of administering Oaths & Affirmations that are worded correctly for a variety of situations.

Identifying Signers
A basic knowledge of how to identify signers under varying circumstances.

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SITUATIONAL KNOWLEDGE

We require Notaries to know how to handle curve balls before, during and after signings. This information is taught in the scenarios section of Notary Public 101.

Common points include:

Confirming the signing
There are many things you need to go over with the borrower when you confirm a signing. Do you know them all?

Handling Power of Attorney Signings
There are many ways a signer could sign in a capacity of an Attorney in Fact, but do you know the right way you need to have them sign so as not to get in trouble?

Dating the Right to Rescind
Many Notaries on 123 Notary cannot count 1, 2, 3, which is why they need to review dating the Right to Cancel.

A list of other situations
A variety of other situations that could really vary and could be based on questions that stress following directions which cannot be taught. Read about these on our scenarios page in our Notary Public 101 course.

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DOCUMENT KNOWLEDGE

We require Notaries to know the basic characteristics of the following documents with an 80% accuracy under time pressure. We teach most of this knowledge in our 30 point course on our blog.

Deed of Trust / Mortgage
Note
Right to Cancel
Closing Disclosure & Closing Statement
Truth in Lending (semi-antiquated)
HUD-1 Settlement Statement
Compliance Agreement
Correction Agreement
Occupancy Affidavit
Signature Affidavit & AKA Statement
Owners Affidavit
Automatic Funds Transfer Disclosure
Various Riders
Subordination Agreement
Quit Claim & Grant Deeds
Understanding the APR (listed on the TIL or Closing Disclosure)
Initialing

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Also see — Elite Certification Study Guide

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