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November 5, 2016

Affidavit of Citizenship

Filed under: Affidavits,Popular on Facebook (some) — Tags: — admin @ 9:52 am

What is an Affidavit of Citizenship?
The Affidavit of Citizenship is a common legal form that is required by immigration services in some cases. Many people need to get an Affidavit of Citizenship Notarized. This document is normally notarized using the Notary act called a Jurat which requires a sworn oath.

Terminology:

Jurat — a type of Notarization that involves a Sworn Oath where the Notary must sign before the Notary Public.
Affiant — the person or individual who swears under Oath perhaps before a Judge or Notary Public.
Affirmation — For those who do not believe in swearing under Oath, many states allow them to Affirm that information is correct while under Oath.
Oath — a solemn Notary act where the signer (who is also the Affiant) raises their right hand and swears under Oath to the truthfulness of the document, or just makes up their own Oath wording for a particular official purpose or commission.
Affidavit — a document (perhaps a legal document) which requires an Affiant to swear under Oath before a Notary to have it notarized.

Drafting an Affidavit of Citizenship
Most Notaries are not authorized to draft legal documents. It is prudent to contact an Attorney or or someone authorized to draft documents. If you appear before a Notary and ask for a notarized Affidavit of Citizenship, the Notary will ask you to present the document to him/her. If you don’t have a document and expect the Notary to write it, you are wasting the Notary’s time. It might not even be legal for a Notary to draft such a document as they are not an Attorney in most cases. So, have a professional draft up a quick document for you, perhaps at a low-cost legal center. After the document is complete — then contact a notary.

Notarizing an Affidavit of Citizenship
A sample wording for an Affidavit of Citizenship might be —

“I, Joe Smith solemnly swear that I am a citizen of the United States of America, so help me God.”
Signature of Affiant _____________________

The Notary could attach a Jurat certificate to the document with this statement. The Notary would ask the signer to raise his/her right hand and swear under Oath to the truthfulness of the statement. Then the Notary would fill in the Jurat form, sign it, and stamp it with his/her official Notary Seal. The Notary needs to be paid whatever the state regulated Notary fee is for a Jurat. Additionally, many Notaries engage in traveling Notary work and should be paid a travel fee, plus waiting time if applicable.

Can the Affidavit of Support be in Spanish?
Official legal documents filed in the United States should be written in English unless you have written permission to write it in Spanish or another language.

Giving Legal Advice
A non-Attorney may not give legal advice. Most Notaries are not Attorneys and therefore may not give legal advice. Additionally, Notaries Public are not authorized to assist in the immigration process or give advice regarding immigration. If you have a legal quesiton or an immigration question, do not ask a Notary, rather, ask an authorized person such as an immigration official, Attorney, or perhaps someone authorized in a legal support profession at a law office if applicable.

What are some other notarized immigration documents or regular documents?
The Affidavit of Support is another commonly notarized immigration document. It states that a particular individual will take care of the sponsored individual in financial and other ways. Basically, a family member can attempt to assist another family member enter the United States by signing an Affidavit of Support. In addition to immigration documents, it is common for Notaries to notarize permission for minors to travel outside of the United States with an adult. Deeds, contracts, Power of Attorney, other types of Affidavits, Name Affidavits, Titles, and other types of documents are regularly notarized as well.

Where can I find a Notary to notarize my Affidavit of Support?
Right here on 123notary.com’s advanced search page! You can find a Spanish speaking Notary by using the language filter on the upper right corner of the search results after you have searched by zip code.

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You might also like:

Modern Family – an affidavit of citizenship & affidavit of domicile notarized
http://blog.123notary.com/?p=10989

2011 version of Affidavit of Citizenship
http://blog.123notary.com/?p=2028

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

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April 19, 2016

Good Deed Bad Deed

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (A little),Popular on Facebook (shares) — Tags: , , , — admin @ 2:49 am

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

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You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

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

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April 12, 2015

Point (18-24) Notary Competence; Marcy’s Hospital Signing

Filed under: (2) Technical and Legal — Tags: , , , , — admin @ 10:47 pm

Marcy had never done a hospital signing. But, she liked kids, and was thoughtful towards elderly people as well. She was called to go to St. Joseph’s to do a notarization for a bedridden old lady. When Marcy got to the hospital, she learned that the elderly lady could barely move her arms. Luckily, the lady was able to sign an X in chicken scratchy writing. Marcy was able to get together a few others in the hospital to act as subscribing witnesses. Marcy had studied this procedure since she knew that one day a notarization would be ruined and a client lost if she didn’t know it inside out. She got the subscribing witnesses to sign the first name and the last name next to the X in their own handwriting in the journal and in the document. Next, she asked the old lady to explain the document. Unfortunately, the old lady was so mentally impaired, that she could not get a single sentence out about anything. Marcy didn’t want to end up in court, so she played it safe. She declined to notarize after all of that work. Better safe than sorry, because in a fraud investigation, only God knows how long you would be in court!

The very next day, Marcy got a call from 123notary. They wanted to help her brush up on her knowledge. The girl at 123notary asked, “Name two Federal holidays in January.” Marcy said, “Oh, I know this… um…. Martin Luther King Day… and … I can’t think of the other one.” Marcy forgot about New Year’s Day. This may seem funny, but 9 out of 10 answer this question incorrectly. The answer is too obvious, or since it is celebrated in the last evening of December, it doesn’t seem like it happens in January.

The following day, Marcy got called in to notarize three Grant Deeds for a busy Realtor. They all had the same document date, the same signer, and would all be notarized on the same day. Marcy wanted to mark her journal and the additional information sections of the Acknowledgments with some distinguishing information to tell these documents apart. After all, they had the same name, date, signer, and everything! So, Marcy wrote the document date, the name of the document, # of pages, and some other information in the additional info section, but also wrote the property address as that was the only unique piece of information to separate the three Grant Deeds. Marcy was being smart now and staying out of trouble. After all, she didn’t want someone playing swap the Acknowledgment certificate after the fact. That would be a long court case. Smart — very smart!

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Point (18) Name Variations, Middle Initials & Identification
If the printed name on the signature section of the document says, Tom T Smith, then the signer has to sign that way. Once in a while there is a consistency error where the spelling of the name or the name variation might vary throughout the loan by accident. If the signer’s ID has a shorter version of the signer’s name, then it would be illegal to notarize them under a longer name. For example, the ID says “Tom Smith” and the loan documents say “Tom T Smith”, then you can’t notarize the person under the name “Tom T Smith”.

On the other hand, if the ID says, “Thomas Timothy Smith”, then you can notarize him as Thomas T Smith, or just Thomas Smith in addition to the full name stated on the ID.

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Point (19) Journals
Whatever name you choose to represent the signer that is legal according to your state’s Notary law gets recorded in your journal. Each journal entry must record:

The Date & Time of the notarization
The Type of notarization, i.e. Jurat, Acknowledgment, Oath
The name of the document & optional date of document
The name and address of the signer
The identification of the signer
The Notary fee you are charging
A signature of the signer
There should be space for the thumbprint of the signer to the right.

It is recommended that you take thumbprints for notarizations of any type of document affecting real property such as a Deed, or for Powers of Attorney. Additionally, if the method of identification was credible witnesses which is allowed in many states, you should take a thumbprint just to give extra proof of the person’s identity should it ever be questioned in court.

The most confusing part of a journal entry for Notaries is the additional notes section. What notes should you take? This is where you record information about credible witnesses and their signatures. The witnesses do NOT sign where the signer’s signature goes; otherwise where will the signer sign? You can take notes about the building, or neighborhood, or anything distinctive about the signers or your surroundings. This might jog your memory a few years after the fact should you ever be called into court about the notarization — and some type of investigation will likely happen at least once during your four year term. So, keep well documented evidence for all of your transactions.

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Point (20) Federal Holidays
Please memorize these holidays, and the days or months they fall upon. You will be tested on this.

New Years Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents’ day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas

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Point (21) Notary Acts: Acknowledgments, Jurats, Oaths, Copy Certification by Document Custodian

(1) Acknowledgments
The signer doesn’t need to sign in front of you for an Acknowledgment. But, they need to appear before you and be positively identified. Do you keep a pad of Acknowledgment forms with your state’s wording? If there is a wording error on the acknowledgment provided to you, and you don’t have a replacement form, you will have to use cross-outs which is very unprofessional. Additionally, the notarization might get rejected if there are cross-outs. Keep a journal even if your state doesn’t require it. That is your evidence when you are investigated for someone’s fraud. You might have to lose a day or more in court if you don’t have your paperwork in order. Take journal thumbprints too, just to be thorough. Be professional, carry Acknowledgment and Jurat pads. Ninjas always carry what they need.

(2) Jurats
Jurats require identification in most states although they didn’t used to many years ago. The signer must sign before you for a Jurat. You must make them swear to the truthfulness of the statement or document as well. Affidavits typically use Jurats, although that is up to your client what type of notarization they want. Don’t forget to administer the Oath to the Affiant, or you are breaking the law! Know your notary procedures.

(3) Copies of a document?
Foreigners often need their transcripts notarized, or copies of their transcripts. The law forbids copies of vital records, but not on transcripts. You should ideally supervise the copying of the records to make sure the copy is real. That is a best practice that you can do as a notary. Some states allow a Copy Certification by Document Custodian form which is a Jurat with some extra wording on it and recognized as its own notary act. Clients were happy that I not only notarized the copy, but made a note on the certificate that I personally supervised the copying, and I signed my brief note as well. People were happy with the thoroughness of my work.

(4) Oaths
What is proper Oath wording? A lot is left to the notary who is generally untrained.
There is no official Oath wording for notaries. So, the Notary is left to improvise. Here is some wording we generally like:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?
Are the contents of this document complete, true, and correct to the best of your knowledge?

By the way, the name of the person who swears under Oath is the Affiant.

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Here are some other points about certificates

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Loose Certificates
Don’t send loose certificates in the mail. If the lender wants a new certificate, ask for the document and original certificate, destroy the original, and attach a new one. You do not legally need to see the signer again to do that. There should only be one certificate floating around with the document. Make sure to date the new certificate the date when the notarization was actually done and not today’s date! Important point.

Certificate Wording
Most notaries do not cross out the wording in Acknowledgment sections. Where it says “his/her/their” requires the notary to cross out two of the three. That way, upon reading the edited wording, you know if you are dealing with a single man, single woman, or a plural amount of people. Sometimes the gender of the signer is not obvious based on their name. Signature(s)? What if you have one signer who signed a document twice? Then don’t cross out the (s) buddy! This is not rocket science, but most notaries do not do their cross-outs. This is the one document where you not only get to cross words out, but you are legally required.

Backdating
The date you use for a notarization must be the date of the signing. If it is around midnight, then either the date before or after midnight will do. That is the only exception. If you ask me, I feel that the date on an Acknowledgment should correspond to the minute that the signer signed the notary journal since the document could have been signed before the notarization and the certificate could be filled out after. This is only important if you have a midnight signing, otherwise there is no question about the date.

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Point (22) Elderly Notarizations & Signature by X
If you are a Notary who visits hospitals, you will have to learn how to handle difficult elder signings. Many elders have trouble moving their arms. Additionally, if the nurses have given them drugs, then they might not even be able to stay awake or communicate. You need to make sure the elder is sober. It might be illegal in your state to notarize a signer under the influence of morphine or whatever drug they are on. You also need to make sure the elderly signer understands what they are signing so they don’t get scammed. You need to make sure they are the ones signing the document and not an overly zealous daughter who puts a pen in grandma’s hand, grabs the old lady’s arm and moves it around to make a signature.

Use due caution when notarizing the elderly
Please keep in mind that the well-meaning middle-aged people who call you to visit the hospital to notarize granny might not be the old lady’s children. They might be some strangers who just wanted to “help out” who might be trying to cheat granny out of every penny she owns through a Power of Attorney or some other legal documentation that a senile old person might not mentally grasp. Take precautions to make sure you are not facilitating a scam, and that the elderly signer can state in their own words what the document is about. It might be difficult to ascertain by looking at identification cards who is related to whom as relatives don’t always share the same surname. Just assume that people might not be related and might not have honorable intentions no matter how nice they seem. Otherwise you could end up in court for a very long time!

What is Signature by X?
Signature by X is where the signer being notarized signs an X instead of a regular signature.
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 acutely aware of the physical and mental limitations that a signer has in tasks we take for granted. This often necessitates Signature by X procedures.

What steps are necessary for a Signature by Mark or X?

(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.

Subscribing Witnesses?
What is a Subscribing Witness? Anyone who witnesses someone signing by X as an official act is a Subscribing Witness. Subscribing Witnesses 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 middle name (if there is one). It’s good to create documentation to accompany the document as to what this odd procedure is, since it is uncommon and looks strange. It’s also prudent to indicate the Subscribing Witnesses’ names on the actual document and that they witnessed the Signature by X.

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Point (23) Elizors
I am adding this topic just so notaries can appear intelligent if the subject ever comes up. In my career I have never heard this term, but maybe you will. An Elizor is a court appointed official that can sign over property when the owner refuses to cooperate with the court.

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Point (24) Embossers
An embosser may be used in many states as a supplemental Notary seal. As a secondary seal, the embosser should not use ink. Embossers leave a raised three dimensional impression in paper. If a Notary is prudent and embosses every page of every document they ever notarized, then it will become obvious if pages are swapped after the fact as they would not be embossed. Additionally, in a rare case where a Notary’s seal is forged, the forger will not be likely to be smart enough to also forge the secondary embosser which will make their forgery very obviously detectable. Embossers help to deter and identify fraud. They are highly recommended as a result.

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You might also like:

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

30 Point Courses (25-27) Identification, Wrong Venues, Fraud
http://blog.123notary.com/?p=14514

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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November 18, 2014

HUD-1 The Settlement Statement

Filed under: (4) Documents,Ken Edelstein — Tags: , — admin @ 9:04 pm

“We are waiting for approval of the HUD before we can send you the docs”. I’m sure you have heard that frequently. Arguably the single most informative document in the package. The HUD, along with the Note, Mortgage and TIL (you better know what the letters stand for) comprise the heart of the deal. Although the HUD is usually not notarized, you DO have to take a look at it.

Probably the most important things for you to check are lines 303 and 603 on the first page. But first take a look at items D and E on the top. D & E name the borrower and seller. Generally you will meet either the borrower or the seller; occasionally both. Now you know if you are meeting with the borrower or the seller, and a quick check of 303 and 603 will let you know if there is “Cash (x) From” due. You are expected to notice cash from and to pick up the payment.

Generally the check is made payable to the Settlement Agent. The agent is named in box H at the top of the form. The check(s) are usually made out to the name in box H. On page 2 in the 1100 series of entries there is often a notary fee listed. Sorry, but that is not the amount that you will receive; it’s the amount payable to the Signing Service. If it says $350 and you took the job for $75; you can be sure the Signing Service considers you a hero. As you recall they said they are only getting $125, you might have a slightly different opinion of them.

There is generally a separate signature page. Oddly, the signature page is often not numbered and really has no “tie” to the HUD itself. Take care here; often the signature page requires two signatures. It’s an easy mistake to just obtain the first required signature but not the second. It’s also easy to become a favorite with the settlement company. They need several copies of the HUD and often make them and stamp them with “Certified True Copy” – they are always delighted when the notary prints a few originals, five is a nice quantity; and has original signatures on each.

Sometimes you will receive the entire package minus the HUD; which you are told will follow as soon as it’s approved. Wanna take a chance? If so, go ahead and print the two copies of the docs that you currently have in your inbox. Don’t be too surprised if you are told to shred what you printed. Numbers on the can HUD relate directly to other numbers in the package. If at all possible wait for word that the HUD is “final” prior to printing the package.

As the HUD is the key “money expenses” page; it’s common for the borrower to receive email with “preliminary” numbers. Obsolete HUDs (that are not the “final”) look very similar to the “final” that you brought to the table. Take care that an earlier HUD, printed by the borrower is not mixed in with the documents that you printed. Borrowers will frequently want to compare the one they printed (left hand) to the one you brought (right hand). Be absolutely sure that you return the one sent to you and not the one sent to the borrower.

There is a silver lining to the gray cloud of HUDs. It’s a federal form and almost always the HUD is basically identical and it’s easy to find information. However, I have seen “HUD clones” that do not follow the standardized format. Take care to look closely to determine how these are signed (perhaps also initialed?). Rarely notarized, it’s an easy form to process. Return a few copies of what was sent to you, signed in all the right places.

You might also like:

What are some typical types of affidavits
http://blog.123notary.com/?p=21334

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

TRID information courtesy of Carmen
http://blog.123notary.com/?p=18932

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

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November 4, 2014

The Affidavit of Occupancy

Filed under: Affidavits,Ken Edelstein,Popular on Linked In — Tags: , , , — admin @ 9:01 pm

An affidavit of occupancy is a simple document (sometimes notarized), that offers the borrower generally three choices. The first option (generally by making initials) is to have the property as a Primary Residence. This option typically requires the borrower to occupy the property, usually within 60 days; for a minimum of one year. The second option is to acquire the property as a second home, while maintaining a primary residence elsewhere. The third major option is to declare the property as Investment Property, not to be occupied by the borrower; but to sell or rent for rental income. It is unlikely that the borrower cannot accurately choose the correct option.

Care should be taken by the borrower to initial the correct choice. The wrong choice can result in financial and even criminal penalties at a later date. If the borrower is buying to live in, there is really no issue. However, when the intent is speculation or rental; it’s accurate disclosure or risk problems. Lower Mortgage Rates are available for owner occupied. This is why the intent to rent or speculate must be disclosed.

Affidavits of occupancy are especially relevant for small-time or independent real estate investors. If a borrower were to select “investment property” then choose to move in permanently – there probably would be no problem. Of course they would be paying a higher mortgage rate, lenders are rarely annoyed by such activity. It is the reverse, claiming to move in; getting a lower mortgage rate, then renting it out that causes problems.

Since affidavits of occupancy are not heavily regulated or governed by formal, industry-wide guidelines, they’re often originated in-house by the mortgage lenders or other real estate professionals. Thus, unlike the standardized HUD, there really is no uniform structure to the Affidavit of Occupancy. Actually it might just as well be called an Occupancy Certification, or similar. The only aspect that seems to appear with regularity is the need for the borrower to specify how they intend to utilize the property. This is generally done by initialing a specific paragraph, but some variations may call for a complete signature.

This form is a redundancy to similar assurances that appear in the Mortgage, namely, how the borrower intends to utilize the property that secures the loan. The occupancy statement contains strong language, 30 years in prison, fine of a million dollars, etc., per Title 18 US code Sec. 1001, and others. They are a separate document that the borrower cannot ignore, often notarized; and help the lender to charge a higher rate for loans that have greater risk. Typically, rental or investment property has greater risk. The difference can be half a percent that will be several thousand dollars or more over the life of the agreement.

They serve as an extra layer of protection against mortgage fraud and provide lenders with a clear chain of evidence that can be used to expose and prosecute such fraud. Whereas a homeowner might be able to make a plausible if unconvincing argument that he or she misunderstood the intent of the “occupancy question” that’s often buried within the structure of a mortgage settlement document, he or she has little chance of avoiding penalties for breaking an affidavit of occupancy. The affiants who “break” these (often) sworn statements risk being charged with mortgage fraud. At the very least the lender can demand full payment of all money due.

In processing this document care should be taken to be sure that all borrowers initial/sign the section that specifies the intended use of the property. Some lenders might require a non-obligor to also sign/initial. It’s probably a safe bet to have any signatory to the document also initial/sign the selection section.

It is the real intent of this document to curb the activities of those who wish to obtain property at a low mortgage rate for speculation or to become “little” landlords. Sometimes it takes years for the housing authorities and the lender to discover the fraud. Those false statements can and do incur harsh civil and criminal penalties. In addition to the mortgage fraud; housing violations are common. The form is simple and easy to understand. There really is nothing for the notary to “explain”. A notarized false statement is exactly that; in addition to being a crime.

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You might also like:

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

Ken’s Guide to Deeds of all types
http://blog.123notary.com/?p=16285

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

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April 20, 2013

A detailed look at the NINJA course

Filed under: Ninja Theme Articles — Tags: , , — admin @ 8:00 am

We have a new Elite certification textbook that accompanies the elite test. We will soon be using a 30 point test to evaluate the skills of our higher level notaries. But, what is this new textbook like? The ORDER of the information is subject to change as we re-edit the course and add content later on.

119 pages of riveting information!

This course integrates ancient Zen Buddhist philosophy, Ninjutsu strategy, and exciting stories with higher level notary & signing agent knowledge for the refined notary public! Here are some of the topics covered in the course.

(1) Presentation
Learn the art of interacting with prospective clients. Learn what to say and what not to say. How to answer questions gracefully, and how to stand your ground. Show your knowledge without seeming like you are trying to. Operate like a professional and negotiate like a professional.

(2) Strategy
Learn which type of advertising pays off and which should be avoided. Which certifications to get and which to skip. How to craft your advertising for maximum results; Which additional services to offer such as Apostilles and Livescan; How to choose your clients well; Picking company names; Contracts. E&O insurance; Getting paid; Handling difficult companies; Hiring other notaries to expand your empire; Handling low-ballers with ease; Marketing with Facebook and Web Sites; Researching companies; When to say no;

Scheduling strategies: Learn about the

Timed appointment strategy
The spring-it-on-ya strategy
The no surprises strategy
Business models that influence scheduling strategy
Dealing with late e-documents
End of the month scheduling strategies
Beginning of the month scheduling strategies
Tight scheduling strategies
High-brow scheduling strategies

(3) Business analysis
Advertising allows you to pick and choose; Analyzing where your calls are coming from; Assessing the companies you work for; Late Documents; Dealing with cancellations; Dealing with late payers; Managing contacts; Optimizing your client base; What do the statistics that 123notary keeps really mean?; How well do you communicate and how does that translate into clicks?

(4) Mastering the ancient art of the notes section
Which adjectives help, and which hurt? Does mentioning years of experience help? Which quick facts will win you clients and which are a waste of time? Overall recommended structure of a notes section; Analyzing your best selling features; What not to put at the top of your notes section; Expressing your personal style of doing business; 19 examples of great personal information used in notes sections; Specialties expressed in detail; How to use bullet points for your additional information; Where do you write about coverage areas, and how detailed do you get? Radius verses counties? Closing statements — call me whenever you are ready! Spelling and mistakes; Example of a bad notes section; Example of a nearly perfect notes section; Commentary on 16 notes sections; Selling features compared in detail;

(5) Miscellaneous points
Smelling good; How to dress; Calling people back; Professional answering machines; Company names; Complaining; Asking too many questions; Call back etiquette; Asking about specifications before price; Negotiating with people who won’t meet your fee; Evolutionary path to success; Charge less to get experience; The close job strategy; MOBILE OFFICES; Don’t call until the e-documents are ready; FULL-TIME or PART-TIME; 123notary’s 30 point test; Last minute appointments; The A list strategy; Precautions; Embossing; Journal thumbprints; Answering the phone at signings; Refining your notes; Dual state commissions; How many certifications; Does Facebook help; How do you let people know you are a notary; Can you afford to be expensive; Get reviews or perish; Are you available enough; Do you keep all of your paperwork; Emergencies are where you shine; Errors with bad seals; Showing up late; Complaints; Wrongful complaints; Rebutting complaints; Being selective about working for companies with potential.

(6) Zen and the art of teaching others to be on your team
Master the ancient art of: Selection, training, scrutinization, and comparison.
Choose people with the right: Attitude, pre-existing skills, ability to learn, reliability, and personability

Where do you start training? Scrutinizing the work of your new notaries. Comparing them to your other trainees.

(7) Comparing notaries
People change over time; Examining your local list of notaries to see the differences in each service provider; Elite certification; Skills verses presentation; Online presentation verses life presentation; Thinking about comparisons while you are working; What did you forget to think about?

(8) Impressions, dreams and nightmares
Where the money really is; How long does it take to do each type of signing; How do you analyze traffic; Should you charge by the minute; How much ROI do you need on your advertisement; Making an impression; The borrower comes first; Meeting at a nearby cafe; Cancelling nightmares before you get involved; What to know about a culture so you don’t get in trouble; Fedex and drop boxes.

(9) Following directions
When to call the loan officer; Sample questions; When not to coerce the borrower into signing; When to continue the signing; Listening exercises, communication exercises, following orders without a fuss.

(10) Notary knowledge revisited
Acknowledgments discussed in detail; Jurats; Official wording and cross-outs; Loose certificates; Backdating; Document dates verses notarization dates; County recorders & recorded documents; Copies of a document; The names must match; Credible witnesses; Errors on the Acknowledgment; Oath wording; Signature by X; Journals; What the OPTIONAL information section is for in Acknowledgments & deterring fraud; Embossers; Thumbprints; Seals; 10 Grant Deeds in a single session; Notary Fraud; Notarizing the elderly; Notarizing a dead person; The 4 parts of an Acknowledgment certificate; Misdemeanors.

(11) Signing Agent knowledge revisited
Understanding: The 1003, The 4506; Apostilles, Attorney States; Changing a name on Title; Checks in packages; Cross-outs; The Deed of Trust; Elizors; Identity Affidavits; The HUD-1; Initials go where? Letter of instructions; The legals; Maiden names; Prepayment penalties; The Right to Cancel; Rescinding; The security instrument; Signature Affidavit; Spousal signatures; The Subordination Agreement; Thumbprints revisited; The three magical phone numbers; Signature variations; Witness states; When to call the loan officer; Witness closings; Documents that are typically notarized.

(12) The APR & First payments
Yes, an entire chapter about the APR in detail. Learn typical incomplete descriptions of the APR that even the most experienced Loan Processors, Title Agents, and notaries use on a regular basis. Learn a professional definition and learn all of the components that go into computing the APR one by one. Show the world how knowledgeable you really are!
When is my first payment due.

(13) Interviews with our finest notaries and title companies
We get amazing points of views and endless new information by getting input from others in the industry. And then we share it with you on the forum, blog, and in our courses! We interviews many title companies. Many of these companies will be working with us on crafting and endorsing some very relevant signing agent questions. Notaries often ask why it is important for them to learn particular facts. But, if a title company who hires notaries and pays well tells you that you better learn it, then there is no excuse not to learn it,right?

We have some information from Title companies as of April 2013. We will be adding more information every month including statements about things that notaries did wrong that caused a lot of trouble. We will also be adding multiple choice questions endorsed by specific Title companies over time.

The interviews with the notaries this time were about topics of concerned to regular notaries. How do you handle low-ballers? How do you handle people who don’t meet your fee? What is your best attribute as a notary? What made you become a notary? Could you describe your evolution in business and how you became successful? Hoe do you introduce the documents and do your loan signing presentation.

The answers given by the top notch notaries interviewed were truly inspiring, unique, and fascinating. You will love this section the most of all the sections partly due to the great information, and partly because it is the most light hearted section of the course.

(14) The 30 point test
This section goes over the 30 point test. Notaries who pass this grueling and difficult test can elect to have their scores published on their listing. Test topics will include not only notary and signing agent competency, but other areas as well. We learned that following directions and communicating are huge problem areas even for the most experienced notaries, so we will be focusing on those during the test. The test will be timed and might be over the phone or online — or both! Retesting will be allowed, but we do not know what the retesting fee will be. Purchasing the Ninja course / Elite certification gives you one chance at the test providing you take it within (60) days of your purchase date. Good luck!

(15) Apostilles and Loan Types
Learn what our best notaries have to say about Apostilles, Authentications, FHA, HELOCS, Investment loans, Loan modifications, Purchases, Reverse Mortgages, VA loans, and more!

Thanks for your interest and ENJOY our Ninja course!

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Elite certification will benefit you for the rest of your life
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Signing Agent Best Practices: a 63 point guide to being the safest and most thorough notary.
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October 3, 2012

The Pros and Cons of eNotarizations

Filed under: e-Notarization & e-Signings — Tags: , , , , , — admin @ 8:11 am

The Pros and Cons of eNotarization

As the technological world continues to evolve on a regular basis, more and more industries are looking to go from the paper route to the electronic route, allowing them to save time and money while providing more convenience to their customers.

One such industry that is following the technological advancements is the notary industry, which is looking to utilize eNotarization on a more frequent scale.

For those who are not up to speed on exactly what an eNotary does, they are quite simply a Notary Public who notarizes documents electronically. One of the means to do this is through utilizing a digital signature and notary seal to notarize electronic documents and validate with a digital certificate.

With electronic notarization, a notary puts an electronic signature and notary seal in place using a secure public key to an electronic document (such examples would be a PDF or Word document). When the signature and seal are affixed, the piece is looked upon as being tamper evident, meaning that any unauthorized attempts to alter the document would be noticeable to relying parties.

eNotarization Focuses in on Security

In taking a look at the short history of electronic notarization, the National Notary Association (NNA) saw the need to put rules and standards in place for a workable, accessible, and, most importantly, secure system of electronic notarization.

As a result, the NNA came up with Enjoa (the Electronic Notary Journal of Official Acts), which allows both electronic and paper-based notary acts to be recorded—and that record should be free from tampering in an electronic database.

With Enjoa, notaries can electronically gather both a holographic signature and a fingerprint of each document signer, also providing the added choice of capturing within its database the signer’s facial image via a Web camera. Whether it be recording eNotarizations or paper-based transactions, Enjoa offers proof of a signer’s personal
appearance, a detailed database of the notarial act, and a level of security that is not available in a paper-based recordkeeping system.

It was some six years ago that the NNA partnered with the Commonwealth of Pennsylvania in unveiling the nation’s initial Electronic Notarization Initiative, a comprehensive eNotarization program. All Pennsylvania notaries participating in the initiative utilized a digital certificate to perform electronic acts that were subsequently
made available for recording in the four original participating counties. Other counties throughout Pennsylvania were quick to enroll in the program.

So, what can be seen as some of the pros and cons of eNotarization?

On the plus side:

* Electronic versatility offers benefits for both the notary involved and the business and legal communities. One of the more notable benefits is the time in which documents can now be notarized via a computer. Such documents include power of attorney paperwork, affidavits, deeds, title loans, wills, and prenuptial agreements, among
others.

* eNotarization makes it easy for the notary to adapt to changes in the document in just
minutes.

* eNotarization allows notaries to stay on top of cutting-edge technology, meaning they can compete with others in their business who are also using this manner to notarize documents. For those who choose not to, it could mean losing potential or current customers who opt for the more technologically advanced means to notarize paperwork.

On the negative side:

* eNotarization is not available everywhere, meaning you may or may not have it as an option where you live.

* Some worry that security could be compromised when using eNotarization. If that happens, the notary could lose business from customers who fear their private information leaking out. Whether with traditional notary usage or eNotarization, both the notary and customer should make sure private data is as protected as possible.

* eNotarization is still evolving, meaning some parts of the process are not entirely up to speed. As the process evolves more, eNotarization will become commonplace for both notaries and customers.

With more and more processes going the electronic route, is eNotarization in your plans?

Photo credit: http://www.flickr.com/photos/73736449@N02/6649009139/

About the author: With 23 years of experience as a writer, Dave Thomas covers a wide array of topics from office cubicles to starting a small business. http://www.arnoldsofficefurniture.com/

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September 17, 2012

Sample Notarized Affidavit

Filed under: Affidavits,Popular on Twitter 2012 — Tags: , , — admin @ 9:41 am

Here is a quick sample notarized affidavit.
I apologize that I am not able to scan a copy of a realistic signature or notary seal for legal reasons, so please accept my unrealistic looking signature and notary seal (notarial stamp).
 
I, John Doe authorize Mary Spencer to type of business documents for my company XYZ Associates. She is to have work completed by 5pm Pacific Standard Time daily, and will be paid half price for late work.  Mary is to work in our office and travel to locations to visit clients upon request.  Either party has the right to dissolve this agreement at any time in writing.  A letter stating that you want to discontinue this relationship  and agreement will terminate and nullify this agreement.
 
 
 
______________________
John Doe
 
 
______________________
Mary Spencer
 
 
State of Nevada
County of Clark
 
Subscribed and sworn to ( or affirmed ) before me on
this 20th day of March, 2012 by

John Doe and Mary Spencer, proved to me on the basis
of satisfactory evidence to be the persons who appeared before me.
 
Larry Doe, notary public
——————————————-
Signature of Notary
 
——————————————-
|   Larry Doe                        |
|   Notary Public                   |
|   County of Nye, Nevada     |   (official notary seal)
|   Exp. 3-21-2012                |         
|________________________|

Please see our glossary’s article on affidavits

Tweets:
(1) Sample Notarized Affidavit verbiage including notary certificate & Oath wording.

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April 1, 2012

Do personal loans require a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:08 pm

Do personal loans require a witness?
 
Most personal loans are signed in the presence of a notary.  Refinance loan signings are commonly refered to as witness signings.  The notary is the witness in this case.  Technically, the notary needs to witness the signings of Affidavits in the loan as a matter of notary law.  Each loan is different, but there could be a Signature Affidavit, Occupancy Affidavit, and perhaps other Affidavits too.
 
What about a non-notary witness?
I have heard of personal loans or refinances requiring an outside witness, however, this only is required in particular states. Additionally, from time to time, if a signer doesn’t have their identification, a credible witness might be brought in.
 
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If you can’t find a witness to sign

Can a notary sign an out of state Quit Claim Deed?

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February 1, 2012

Do I notarize every page of a document?

Filed under: Legal Issues,SEO — Tags: , , , , , , — admin @ 9:28 am

Do I notarize every page of a document? 

As a notary public, you notarize signatures on documents.  Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.
 
What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page.  Where do you attach a loose certificate if a signature is in one of the middle pages of a document?  It is normal to add notary certificates at the end of the document.  It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form.  Other notaries might use one certificate form to notarize all signatures in the document.  Which way is correct?  That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person.  There might be separate agreements inside the same long document, making them more like separate documents that have been connected.
 
You can not notarize every page of a document.  However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.  This is a very prudent practice and I recommend it.

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Can a notary help draft documents?
http://blog.123notary.com/?p=2047

Sending loose certificates is illegal
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