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March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different dates.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those split signings are tricky, and are more likely to have to be redrawn.  But, just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

You might also like:

A lady lost a great account because she wouldn’t backdate!
http://blog.123notary.com/?p=22229

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

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January 31, 2012

What is Signature by X or by Mark?

What is a signature by X — What is a Signature by mark?
 
Please check your state notary rules to see what is allowed in your state.  Many states allow for people to sign by x, or sign by mark. This procedure is generally only for very frail and elderly people who are bedridden.  We have a number of posts about this topic, and we invite you to view these posts to learn about the details regarding how to get a notary for a bedridden signer, and what the procedure is.
 
Please see these posts for details:
 
Signature by X from A to Z – http://blog.123notary.com/?p=203
 
Dragging the person’s arm – http://blog.123notary.com/?p=610
 
A tale of four notaries in hospitals – http://blog.123notary.com/?p=463
 
Hospital notary jobs from A to Z – http://blog.123notary.com/?p=76
 
 
 
Please note that you need 2 subscribing witnesses for a signature by mark.  Also, the signer of the X needs to be able to sign the X without someone moving their arm for them which is sometimes a challenge.  This type of signing normally happens in a hospital room or nursing home where the signer is bedridden.

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January 17, 2011

A Massachusetts Notary Speaks Out. A coerced signature.

Filed under: Technical & Legal — Tags: — admin @ 12:02 am

A few days ago I spoke to a Massachusetts Notary Public on our list. She told me that there are some strange laws out there that almost got her in trouble. She had to appear before a judge due to a Notarization gone wrong. The wife was forced to sign by the husband and she didn’t really want to. I think they were from a foreign country where men boss people around because American men know what will happen to them if they boss people around.

Unbeknownst to me, there is an unusual law in Massachusetts where for some or all Notarial acts, the Notary must ask the signer (or ask the signer to swear — forgot which) if they are signing on their own free will.

I have never heard of a signer being coerced to sign in America. In India it happens a lot when people want to steal your property.

The judge made the Notary promise to always make the signer claim that they are signing under their own free will otherwise their commission would be revoked. Yikes. But, that is not a bad law.

I wonder why we don’t have that law in California. We have all types of other nonsensical laws. Hmmm.

Acknowledged signature
Witnessed signature
Forged signature
UnCoerced signature

So, now we have a new notary act — an uncoerced signature. That should be its own act not to be confused with an acknowledged signature.

The moral of the story is, if you notarize strange foreigners where the men think that men can still act like men and get away with it, beware, they might be forcing the females to sign.

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January 11, 2011

I was forced to forge my own signature in India

Filed under: General Stories — admin @ 9:35 am

I remember back in 2005 I went to Bombay to visit a friend. I took the train downtown to cash a few travelers cheques. I have never had an experience this bad and have brought a lot more cash with me ever since. You have to sign a traveler cheque when you buy it and then sign again when you cash it in. My signature was a little different than my normal signature, but not different by much. But, the clerk had had a lot of trouble cashing in traveler’s cheques and he was paranoid. He did not like the differential between my signatures. So, I had to forge my own signature so to speak. I had to practice signing the way I had signed when I originally signed the cheque a few times on a blank piece of paper. What a ridiculous ordeal. My passport wasn’t good enough for him yet it was good enough for airport security. Good God, or should I say Good Krishna?

In any case, I signed the way he liked and got my money.I spent my rupees on apple pie that had been in the same oven as melting cheese and it tasted horrible. I have so many India nightmares I never want to go back again but perhaps I will to see the mountains and meditate there with the Gods near Dehradun. My guru says I need to go where I can see snow in the mountains and meditate there for three days. One day I’ll do it, but not this year, because China is on my mind. Sounds like a Ray Charles song.

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January 5, 2011

Comparing journal entries to fedex signatures

Believe it or not, most Notaries on 123notary do not fill in their journal correctly. It is not rocket science. The rule is:

One entry per person per document.
Two people each signing three documents = SIX journal entries.
But, won’t that take too much time and use too much of your journal? It will only take a few minutes.

Let’s say that Johnny is signing ten documents that are to be Notarized. You put the date, type of notarization(s), document names, document dates, name of signer, address, ID information, notary fee, etc. Next, you draw an ARROW down for the date which remains the same for all ten entries, the name, address, and ID. Then, the signer has to sign for all ten entries. That takes less than a minute. 123notary suggests thumbprinting whether it is required by your state or not as a security measure to help the FBI when they come a knocking. They are bothering one of our Notaires as we speak (or type) and confiscated her journal. So be prepared!

What most Notaries do is one entry per person. Then, they put all the names of the documents in the document section. They have the signer sign once. This is stupid.

If Fedex delivers five packages to you do you sign once? No, you sign once per package and there is a corresponding tracking number next to your signature so you know what you are signing for. If you have a signer sign once in your journal for multiple documents, they could accuse you of having added more documents after the fact and having used them for fraudulent purposes. You would have no way to contest their accusation as the signer did not sign for any particular document.

The bottom line is to have the signer sign once for each document. That way you have proof that your work was authorized and your journal will then be up to standards. And once again, it doesn’t take more than a few mintues and it’s not rocket science.

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November 24, 2010

Signature By X

Signature by X — Signature by Mark
Many notaries go through their entire career without understanding the necessity and importance of the Signature by X / Signature by Mark procedure  (Notarizing an X). If you have ever done a hospital signing, or signing for elderly, you might be accutely aware of the limitations that a signer has in tasks we take for granted.  Many elderly signers with physical disabilities can not even sign their own name, or more their own arm with any coordination.  This necessitates signature by X procedures.
 
What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
(1) You need two subscribing witnesses who witness the signature by X.
(2) The signer signs an X in your journal and on the document.
(3) Witness one signs the person’s first name in the document and journal
(4) Witness two signs the persons middle and last names in the document and journal.
(5) Document the ID’s and signatures of the witnesses in the document and journal
(6) Keep in mind that this is a very unusual notary procedure and is tricky.
 
Be careful!
If you have ever done a hospital signing, the signer could be drugged, may not have current ID, or may have overly zealous relatives who move the patient’s arm to get them to sign their name. This is not acceptable. The signer must sign their own name.  Arms of others may be used as braces to limit the motion of the patient’s arm, but you may not actually move the signer’s arm around, otherwise that is like forgery — well intentioned forgery — which is still illegal.
 
Subscribing witnesses?
What is a subscribing witness?  Anyone who witnesses someone signing by X is a subscribing witness.  They sign the document and the journal.  In California, one witness signs the signer’s first name and the other signer signs the signer’s last and milddle name (if there is one ). Its good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange.  Its prudent to indicate the subscribing witnesses names on the actual document and that they witnessed the signature by X.
 
Comprehension
When notarizing the elderly, make sure they understand the document. The last thing you want is to end up in court because an elderly person has been defrauded out of their life savings with paperwork notarized by you.  Make sure the signer has read all the documents.  Elderly people get scammed much more than the rest of us simply because they are more vulnerable and less on the ball, especially when they are regularly drugged in a hospital.
 
Related Terms:
http://www.123notary.com/glossary/?subscribing-witness
http://www.123notary.com/glossary/?signature-by-mark

You might also like:

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

How much can a notary charge for swearing in a witness
http://blog.123notary.com/?p=2447

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Notarizing the elderly – do more digging to be sure it is legit
http://blog.123notary.com/?p=20038

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April 19, 2024

Unlocking the Mysteries of Digital Notarization

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

In an era where nearly every transaction, from business deals to personal estates, can be executed online, the concept of notarization, once a stronghold of the physical world, is rapidly evolving. Today, a digital notary stands as a modern sentinel, guarding the integrity of important documents. But how does a digital notary work? Read on as we dissect the complexities of this digital transition.

What is Digital Notarization?

Gone are the days when notarization meant juggling paper and pen at the doorstep of a solemn official. Digital notarization, or online or electronic notarization, involves the notarial act performed via the Internet. This means that instead of meeting in person, the notary and the individual requiring services connect digitally. The process uses electronic signatures and notarial seals, making it convenient and secure.

So, How Does a Digital Notary Work You Ask?

To comprehend how a digital notary works, it’s important to explore the key components of the process:

  1. Identity Verification: The first step in digital notarization is verifying the identity of the person signing the document. This is typically done through knowledge-based authentication (KBA), where the signer answers several personal questions. Some systems also use biometric verification, such as facial recognition.
  2. Document Signing: Once identity is confirmed, the document to be notarized is signed electronically. Both the signer and the notary use unique and verifiable digital signatures.
  3. Audio-Visual Technology: The entire notarization process is conducted over a secure audio-visual connection. This allows the notary to interact live with the signer, ensuring that the document is signed willingly and without duress.
  4. Recording and Storage: Digital notarization sessions are recorded and securely stored. This record serves as evidence of the notarization and can be crucial in legal disputes.
  5. Electronic Notarial Seal: The notary applies an electronic seal to the document, which is legally recognized and equivalent to a traditional stamp or seal.

Advantages of Digital Notary Services

The advantages of digital notarization extend far beyond just proving the past. They bring convenience to the present, integrating seamlessly into our digital workflows. But more significantly, they herald a future where the sanctity of documents is safeguarded with the harmonious symphony of technological innovation and tried-and-true principles.

Convenience Without Compromise

Consider the toil of managing paper documents in bulk or the logistical hurdles of getting them notarized—digital notarization bypasses all that. With a digital notary’s seal, your documents now have the proverbial ‘fast pass’ through the bureaucratic maze, reducing wait times and allowing for swift adjudication.

Security in a Dynamic World

While the concept might seem intangible, digital notarization’s security is rock-solid. The technology’s foundations are based on encrypting data, ensuring the privacy of the contents, and time-stamped immutability, meaning the document’s integrity is safeguarded more meticulously than the crown jewels.

Embrace Digital Notarization Today

Understanding how does a digital notary work is essential for anyone involved in legal or financial transactions. Digital notarization simplifies the process by making it faster, more secure, and accessible from anywhere. With the growing reliance on digital solutions, the ability to notarize documents digitally is a valuable tool for both homeowners and business owners. Remember, the notarization date on your digital document certifies the validity just as a traditional stamp would, marking a significant step in embracing digital advancements.

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April 12, 2024

5 Innovative Ways to Boost Your Notary Business Sales

Filed under: General Articles — Tags: — Tom Wilkins @ 4:12 pm

Are you searching for unique ways to increase notary business sales in today’s fast-evolving market? In a world where digital documentation and fierce competition are the norms, notary services remain indispensable for homeowners and business owners. From sealing property deals to authenticating critical documents, the need for notaries is more relevant than ever. Yet, standing out requires more than just offering these essential services. It calls for innovative approaches to increase notary business sales and ensure your services capture the attention they deserve. Dive into these five creative strategies designed to elevate your notary business.

1. Engage with Clients Through Digital Platforms

One of the greatest gifts technology has imparted to businesses is the ability to transcend physical spaces. Notary services are no exception. Establishing a robust digital footprint through online platforms can attract new clients seeking convenience. Offer virtual appointments, integrate secure e-signature solutions, and maintain an active social media presence to engage with potential customers. There’s a world of opportunity awaiting you beyond the physical notary office.

2. Nurture Customer Relationships with Personalization

Gone are the days when a one-size-fits-all business approach sufficed. Today’s consumers crave personalization. A personalized touch goes a long way in the notary world, where documents are as unique as those signing them. Address clients by name, remember the little details, and follow up post-service to demonstrate that your business isn’t transactional but relational. Personalization is the signature ingredient that enhances the customer experience for a notary professional.

3. Diversifying Your Service Offerings

Flexibility is key in the notary business. By expanding your service portfolio, you can tap into new demographics and upsell to existing clients. Offer translation services, document preparation, and mobile notary services, which cater to those who cannot travel. These additional offerings position your business as a ‘one-stop-shop,’ capable of handling varied notarial needs, giving you an edge over more traditional notaries.

4. Building and Leveraging Partnerships

Collaboration is a powerful tool in the world of business. You can potentially secure a constant referral stream by forming strategic partnerships with real estate agents, mortgage brokers, or legal firms. Conversely, when you recommend their services to your clients, it not only adds value but also nurtures a reciprocal relationship. The impact of these alliances can significantly amplify your sales efforts and solidify your standing within the industry.

5. Hosting Educational Workshops and Webinars

Informing your audience adds a layer of expertise to your notary services. Organizing workshops on notarization guidelines or webinars about the importance of certain notarized documents positions you as a thought leader and allows you to interact with potential clients meaningfully. An informed client is often empowered; empowering your client base opens the doors to a more secure and satisfied clientele.

Maximize Your Notary Business Potential

Innovation and adaptability are key to finding unique ways to increase notary business sales. These strategies help attract new clients and retain existing ones, ensuring your notary business remains competitive and prosperous. Remember, in the notary business, the signature date isn’t just a formal requirement—it symbolizes the culmination of trust, reliability, and professionalism you bring to the table. So why wait? Start implementing these innovative strategies today and watch your business thrive.

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March 15, 2024

Innovative Tactics for Notaries to Distinguish Themselves

Filed under: Comprehensive Guides — Tags: — Tom Wilkins @ 12:00 am

Notaries struggle to stand out in online directories in today’s digital world. They need to discover their point of difference for notaries. Identifying what sets them apart allows them to provide more than standard document signings, helping them stand out. These strategies are designed to showcase their distinct advantages, ensuring they rise above the competition with their special offerings.

A Unique Presence Through Customer Experience

Imagine walking into a space not to scribble a name down and leave but to sit, sip, shake hands, and share a brief and pleasant interlude. Transforming your office into a haven for a good customer experience is the first step to notary distinctiveness.

Aesthetic and Practical Considerations

Notaries can create a more hospitable space by considering the aesthetics of their work environment. Soft lighting, comfortable seating, and a warm color scheme can work wonders to ease an often-tense transaction. Add practical touches like a charging station, high-speed internet access, and basic refreshments to make the visit productive and memorable.

Personal Touches

Don’t underestimate the power of a personal touch. Greet your clients by name, inquire about their day, and be attentive to their needs. Remembering their preferences for tea or the newspaper eases the inking process and humanizes the professional relationship, potentially turning a one-time client into a loyal advocate.

Technology’s Hand in Notary Public Services

Integrating new technology into your notary services isn’t just about keeping up with the times; it’s about revolutionizing how you connect with and serve your clients. By weaving digital tools into your traditional workflow, you create opportunities for efficiency, security, and outstanding service that can set you apart.

The Digital Signature

Enabling clients to sign documents digitally can significantly streamline processes. It also shows a willingness to adapt alongside the evolving tech landscape, a trait highly valued by clients seeking quick and convenient services.

Remote Services

The pandemic has shown the necessity of remote services. For notaries, this means being able to notarize documents via video calls. While not universally accepted, this strategy can be a game-changer in areas where it’s legally sanctioned, offering notaries a vast, untapped client pool.

Marketing Magic for Mobile Notaries

In a saturated market, a mobile notary breaks through the monotony, quite literally, with the turn of a key.

The Power of Local SEO

Optimizing for local search engine results can help your mobile notary service pop up exactly when and where it’s needed. Utilize location-specific keywords and ensure your Google My Business profile is complete and up-to-date for quick, easy-to-find services.

Engaging on Social Media

Don’t just use social media to advertise services; engage with the community. Share tips on notarization, discuss law changes and be a virtual problem-solver to establish your brand as knowledgeable and accessible.

Certifying Unmistakable Professionalism

Your professionalism isn’t only about prohibiting unauthorized practice of law. It’s about ensuring quality service garners trust and builds a solid reputation, which can help solidify the point of difference for notaries.

Continuous Education

Stay ahead of the competition by investing in continuous education. Be the notary always aware of the latest trends and best practices and can better serve your clients.

Partnership with Legal Professionals

Building a network with lawyers and realtors creates a referral base and establishes you as part of the larger professional community dedicated to serving public needs.

Stand Out with Distinction

In the world of notarization, every detail counts as a point of difference for notaries. Enhancing your workspace and online presence are key marketing tips for mobile notary services. Successful notaries merge tradition with innovation, adapting to client needs while upholding trust and authenticity. Your seal isn’t just a stamp; it’s a commitment to value. Embrace the challenge to stand out, redefine notarization, and use your distinct mark to make a lasting impact. Blending visibility with exceptional service sets you apart in the digital age.

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March 1, 2024

Revolutionizing Notary Work: The Power of Digital Tools

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

In the maze of technological advancement, notaries and mobile notaries face a crucial decision. As more businesses migrate to digital platforms, the humble notarial profession finds itself at a crossroads, poised between the comforting familiarity of traditional methods and the enticing efficiency of digital tools. This article elucidates why embracing digitization isn’t just a matter of staying relevant but also a strategic move toward future-proofing your notarial business.

Adapting to Change: The Necessity of Digital Tools

Gone are the days of exclusive paper trails and in-person signatures. As the backbone of trust between individuals and institutions, notary services have traditionally relied on the sanctity of physical documents and witnessing. Today, however, these services are paving a digital path that places convenience and speed at the forefront, thanks to the advent of electronic notarizations and digital document management.

The transition isn’t merely a trend but a necessity driven by market demand and regulatory changes. More states in the U.S. and countries around the world are recognizing the legal standing of electronic signatures. Adhering to these changes isn’t just a legal imperative, it’s a competitive advantage that opens your services to a wider, more tech-savvy clientele.

Streamlining Business Operations

At the heart of digital transformation lies the significant opportunity to streamline business operations. Digital notarial services reduce the dependence on physical records, cutting costs associated with paper, printing, and storage. They also eliminate geographical constraints, empowering notaries to oversee signings from anywhere in the world.

Tools such as secure cloud storage, digital document creation software, and electronic signature platforms make it possible for notaries to manage, certify, and store documents with unprecedented ease. These technologies don’t just simplify daily tasks; they enhance the client experience by providing faster, more efficient service.

Staying Ahead of the Curve: The Competitive Edge

The professional landscape is evolving rapidly, and notaries are not exempt from the pressure to adapt. As with every industry, early adopters of digital notary tools enjoy a competitive edge. They can showcase their proficiency in managing modern notary needs, giving them a marketing edge against those who are slow to change.

Furthermore, the use of digital tools reflects a forward-thinking, customer-centric approach to business. In a world where businesses are ranked on user-friendliness and high-tech approach, the incorporation of digital tools can help notaries attract and retain clients who value these qualities.

Overcoming the Transition Hurdles

Acknowledging the importance of digital notary tools is only the first step; the real challenge lies in implementation. Notaries, especially those who have established decades-old practices, may find the transition daunting. Confronted with unfamiliar software, security concerns, and learning curves, the initial hurdles can appear insurmountable.

However, several resources and support systems make the process more manageable. Industry-specific virtual seminars, forums, and even peer support play vital roles in notaries’ upskilling. Taking the incremental approach – by slowly integrating new tools and processes into the workflow – allows for a smoother transition without compromising the quality of service.

Future-Proofing Your Notary Services

The digital revolution in the notary world is more than a temporary shift. It’s a fundamental transformation that’s shaping the future of the profession. While embracing these changes might require stepping out of a comfort zone, the long-term benefits are numerous.

Digital tools not only future-proof businesses against rapid technological change but also enhance efficiency, convenience, and client acquisition. Those who recognize this movement and act upon it are rewriting the rules of notarial service provision. It’s a beacon of opportunity that can illuminate a new path for the notary industry.

Streamline Your Business and Stay Ahead of the Competition

The message is clear – the integration of digital tools like apps that keep track of business expenses is not an if but a when for notaries and mobile notaries. With careful planning, education, and a dash of pioneering spirit, notary professionals can equip themselves for a new era of digital notarization. By doing so, they ensure they are not left behind but leading the charge to redefine notary work in the 21st century.

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