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May 9, 2013

What is a notary public?

Filed under: Popular on Twitter 2013,Popular Overall,Public Interest — Tags: , , , , , , , , , — admin @ 5:17 am

What is a notary?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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January 8, 2011

Credible Witnesses from A to Z

Filed under: Comprehensive Guides,Credible Witnesses — Tags: , , , , , , , — admin @ 1:51 am

Credible Witnesses from A to Z
 
What is a credible witness?
A credible witness, “CW”, or credible identifying witness is someone who can identify a signer at a notary signing.  The credible witness must know the signer and must know the signer’s name.  The witness should know the signer by having met many times in the past through different individuals.  Some states require that the credible witness always knows the notary as well, to create a chain of relationships, while others only require that the credible witness knows the notary if only one credible witness is used.  The credible witness should be an impartial party who does not have beneficial interest in the document
 
Which states allow the use of credible witnesses?
Many states allow credible witnesses, and we documented these states on a forum post
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  To summarize: Virginia is a state that does not allow credible witnesses.  Most other states that we have information about do allow credible witnesses.
 
States that allow 1 Credible Witness
How many credible witnesses do you need to use in various states? What are the credible witness rules?
Arizona, Ohio, Pennsylvania and several other states allow the use of one CW that must be known to the notary, and must know the signer. 
 
States that allow 1 or 2 Credible Witnesses
California, Florida, and Georgia, among other states, allow the use of one CW if the witness is known to the notary and knows the signer; or two CW’s if the notary doesn’t know either of the witnesses.  These states are unique in that they offer a choice of using one or two credible witnesses.
 
States that allow 2 Credible Witnesses
Tennessee and Missouri allow the use of two credible witnesses to identify a signer.
 
Procedure
Credible Witness Rules can vary from state to state, but as a general rule, you should not use a credible witness unless there is no identification available.  In many cases, the identification available will have a different name variation on it, making it unacceptable to be used when signing documents that have a longer, or different name variation. Whether or not its legal to use credible witnesses in this type of situation is something to look up in your state’s notary manual.
 
The credible witness must SIGN the notary’s journal in California. Rules vary from state to state, so be knowledgeable about your particular state’s rules. The CW must raise their right hand and swear to the identity of the signer.  The CW must also have acceptable identification.  It is wise for the notary to record the CW’s address, ID#, and phone number in their journal. 
 
Common Uses
If a notary is doing a jail signing, inmates never have acceptable ID on them unless a visitor brings it.  When doing a jail signing, an attorney, relative, or friend of the inmate will normally meet you. Make sure they are going to bring the inmate’s ID and that the ID is current and state issued.
 
Hospital signings involve signers who are too elderly to drive in many instances.  These folks often don’t have current identification making the use of CW’s necessary.
 
If you notarize someone who lost their ID, or doesn’t have one becase they don’t drive, you might need credible witnesses. 
 
If the name variation on the document is slightly different from the name on the ID, you might check your state notary manual to see if using a credible witness in this situation is allowed.
 
Issues
A few notaries on our Facebook network have pointed out that many loan signings should not be done using credible witnesses.  One notary in Pennsylvania stated that for loans that require USA Patriot Act ID verification, credible witnesses should not be used.  Another notary in Florida points out that the CW is swearing to the fact that the signer does not have the acceptable identification documents and that it is difficult or impossible to find such documents.

Credible Witness Notary
There is no such thing as a credible witness notary, however you can be a notary that uses credible witnesses.  Just make sure you know how many credible witnesses to use.
 
Summary
After being a notary public in California for eight years, I found that 15% of my signings would not have been possible without the use of credible witnesses, among other “Plan B” type procedures.  Many notaries try to get through their career learning as little as possible about what they need to know to get the job done.  You will be letting future clients down if you are not an expert at credible witness procedures for your particular state.  You could be letting countless clients go high and dry if you don’t know this procedure. Please consult your state’s notary manual to learn exactly what all of the CW requirements (credible witness notary rules) are for your state.

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January 5, 2011

When you can’t stamp!

Filed under: Popular on Twitter,Technical & Legal — admin @ 12:46 am

When You Can’t Stamp – Conditions For Turning Down A Notarization

Notaries fulfill a critical role in our society. If you’ve taken up the stamp yourself, you’ve already gone through plenty of training to familiarize yourself with your responsibilities. It’s always handy to review the situations in which you should turn down a notarization, though. Handling these delicate incidents with care is an important part of your job.

Know Your Statutes And Regulations

While the broad responsibilities of notaries are the same all over the country, specific regulations vary from state to state. For instance, in some states (like California), employers can set restrictions on what employees can and cannot notarize during business hours. In other states, notaries have an ironclad obligation to provide their services to qualified citizens. Make sure you’re thoroughly familiar with the rules governing notaries in your own state so that you’re in full compliance.

Remember that part of your responsibility as a notary is to document the work you perform. If you refuse to perform a notarization or simply have misgivings about one or more points of a particular document, make sure you record the event in detail in your notarial journal.

General Issues That Can Prevent Notarization

Most of the common reasons to turn down a notarization are fairly obvious. In situations where you can’t verify a signer’s identity, communicate with a signer (e.g. language barriers), or where one or more parties are absent, it is both your right and obligation to turn away the signers. You should also refrain from notarizing documents that involve you or your close family members or those that subject you to conflict of interest in some other way. Incomplete documents or improperly formatted ones are grounds for a refusal as well.

There are more questionable areas where you are within your rights to refuse service. If you know or suspect that the documents presented to you represent a fraudulent transaction, or you suspect that one of the signers is being coerced into signing, you have a right to refuse service. Document such cases extensively in your journal, as these are the sort of circumstances that may be investigated by authorities later.

Hot-Button Topics

As public servants, notaries have an obligation to perform their jobs without regard to their personal feelings and biases. This means you can’t refuse service to a client based on their gender, race, religion, or orientation. Modern society can present you with many different documents for notarization whose content makes you uncomfortable. Examples include documents that touch on same-sex marriage, euthanasia, abortion, and legal marijuana.

In situations like this, you have to bear in mind that your responsibilities do not extend to interpreting the laws which govern your state. Set aside your personal bias and remember that your notarial services do not in any way serve as an endorsement of laws you don’t agree with.

Refusing To Serve With Grace

It’s very easy to think about refusing a notarization when you confine yourself to hypothetical scenarios. Matters become more complicated when you’re facing an actual signer and need to turn them away, though. Tact is your strongest ally in these situations.

Remember that you don’t have any obligation to expose yourself to risk. If you’re turning down a notarization because you suspect foul play, you’re entitled to give a less contentious explanation, such as being unfamiliar with the type of documents involved. Fortunately, these situations are few and far between. With most refusals, you’ll have a clear legal basis for refusing to notarize. Explain this as thoroughly and professionally as possible.

Turning away signers who want your services isn’t the easiest part of your job as a notary. As long as you maintain a clear grasp of your obligations and their limits and behave professionally, though, you should be able to keep both yourself and your clients within the bounds of the law.

Jeff Wise is a health care professional who specializes in senior care. If you are looking for premium in-home care for your loved one, visit MiamiHomeCareServices.com today.

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January 3, 2011

How Notary work is similar to online dating

Filed under: Best Humorous Posts,Humorous Posts,Popular on Facebook (A little) — Tags: , , — admin @ 11:52 am

I read some material on how Aziz Ansari was talking about online dating and comparing it to applying for jobs. After reading his commentary, I feel that online dating can be similar to Notary work as well. Here are some scenarios.

After the Signing
After you finish the signing, should you call the borrower to tell them how much you liked the signing or should you text them? This depends on the age of the borrower. If the borrower is in their twenties, definately text them. But, if they are forty or over, don’t text them as they’ll probably prefer a call.

NOTARY: “luved the signing, tx”

On the other hand, if you are going to use broken English in your text, the borrower might get the wrong impression. It might be more professional to say,

NOTARY: “I had a wonderful time at the signing. Would it be possible to sign with you again?”

SIGNER: “I’ll think about it. But, I’m signing with other people these days.”

NOTARY: “Is it anything serious? Oh, I’m sorry. I guess I’m prying.”

Having Too Many Choices
One researcher who Aziz commented on learned that having more choices doesn’t make you happier. Life is sometimes easier when we only have a few choices. As a Notary, this is too true. Notaries who are wanted by hundreds of signing companies can never decide if they want to accept the job. What if a better offer comes in? It’s comparable to a beautiful girl at a dance hall. She has so many choices, she not only can’t decide, but takes them for granted. But, from a Notary point of view, it would be easier if all of the offers for signings came in at once, perhaps five at a time. You could pick two that you liked best based on their profile, and forget the rest. I think this business would be much more interesting if you could view an online profile of each borrower — their likes and dislikes, signing preferences, and interests.

NOTARY: So, what do you like to do on the first signing?

SIGNER: I like to sign on the table. Actually sitting on the table. What about you?

NOTARY: I prefer the sofa. If you have a clip board, it is much more relaxing. But, I hate it when you sit on the floor and use the coffee table.

SIGNER: I know… So, what are you doing after the signing?

NOTARY: Not much. Your place or mine? BTW, what’s your place like?

SIGNER: Well, we’re already at my place, so look around. But, since we’re already here, let’s do more sitting on the table. Cool. That’s my thing!

Opening Up
Some Notaries are just too serious at the signing. If you want the signers to open up, you need to be less serious. Instead of discussing the prepayment penalty. Get to know them a little better by discussing your last trip to the circus, or what happened on your last date. Or tell them about funny things that happened on your way to the signing. It’s always awkward on a first signing. So, learn the techniques of making your first signing less awkward.

Put yourself in the Notary’s shoes
Sometimes it might be easier if the borrower put themselves in the Notary’s shoes. They should realize that it is his first time signing with you. He doesn’t know you. He doesn’t know how he’ll react to you. Sure, he read your profile and knows how much you like borrower and signing pieces of paper. Also, try to understand all the different houses the Notary needs to go to and how demanding the job is.

What not to do on the first signing
One Notary did a signing for a borrower who was a little bit forward.

SIGNER: Would you like a Hershey’s kiss at the end of the signing.

NOTARY: “Sorry, I don’t accept Hershey’s kisses on the first signing — I’m not that kind of Notary!”

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July 18, 2010

Confirming the signing

Filed under: Popular Overall 2010,Signing Tips — Tags: , , , , — admin @ 12:15 pm

Introduction
As a notary, there is a lot to know. There are notary laws from your state, navigating your area, business and interaction skills, and much much more. Most notaries take some sort of a loan signing course to get into the mobile notary business. But, loan signing courses don’t tell you everything you need to know! There are always things they don’t tell you because the author either doesn’t know, forgot to put in the book, or didn’t think was important. Other situations don’t hae a set way of being handled and can only be dealt with using a personal approach. This blog entry will deal with some select hot tips on how to handle a signing.

Confirming appointments
As a notary, signing companies will offer you jobs, fedex you a package, and expect you to show up on time to the appointment. How often have you gotten to an appointment only to find that the borrower is surprized by the numbers, or didn’t realize that their cousin Sam needed to be there for the signing, since Sam was on Title? The lending profession is filled with tricky characters who promise one thing, and then when the borrowers see the paperwork with the notary sitting there, they feel pressured to sign, even when they don’t like the fact that they have been hoodwinked. The notary often has to sit through long conversations with the lender that should have taken place BEFORE the signing, not during. Lenders are often sloppy, and don’t fully inform the borrower about all of the numbers on the loan. So, what does the notary need to do to avoid this type of drama? A thorough confirmation call solves the problem.

Going over the numbers
Once the notary has the loan package in their hand, they should call the borrower and go over the Rate, APR, and payoff amounts listed in the Settlement Statement. The notary should go over all Escrow payments, and what the monthly payments are, prepayment penalty, and if its an Adjustable Rate Loan, what the cap is, etc. Additionally, the notary should have the borrower read their ID to the notary, and what the NAME is on their ID, and confirm what individuals will be at the loan signing. Thats a lot to go over. However, it only takes three or four minutes, and will save you hours during those times when there are suprizes — which seems to be 25% of the time. If the borrower is not happy with any of the numbers, cancel the appointment. Don’t waste your time getting into someone else’e drama.

How much time is needed?
Another aspect is discussing how much time the borrower would like to have signing the loan. Its not the notary’s job to sit for six hours while the borrower reads every word in the whole package, and then rereads certain important documents. The notary and borrower should agree ahead of time how much time the borrower needs to that the notary can plan their evening and other appointments. The notary should explain that the borrower has three days not including Sundays and Federal holidays to cancel their loan, so they can skim through it and read their borrower’s copies after the fact. The borrower can cancel in writing and the loan is off, if they cancel before the deadline.

Scheduling and venues
Explain to the borrower when you will be coming, and let them know if you might be slightly early or late… and how late. Some borrowers have issues with their homes. Some have family over or rambunctious children. Others have pets. I always offered to take pawprints just in case Fluffy ever got lost. I’m not convinced that cat pawprints are as unique as human fingerprints though. Its the thought that counts. If a borrower can’t sign at their home for any reason, its good to find a good cafe or restaurant where you can sign. Don’t forget to read in the forum about drinks at signings. Thats a very popular and critical topic. You don’t want your “tall latte” all of the right to cancel, otherwise you will have a very “short signing”.

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