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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

You might also like:

Index of best comedy posts from 2015
http://blog.123notary.com/?p=20295

The Mayan rescission calendar
http://blog.123notary.com/?p=15096

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

You might also like:

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

The 123notary elite certification study guide
http://blog.123notary.com/?p=20118

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December 30, 2018

When are you required by law to do Oaths?

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

.

You might also like:

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

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You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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August 14, 2018

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

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

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

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

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

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

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

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

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

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

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

THE CERTIFICATION PROCESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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DANGERS OF HIRING A SHODDY NOTARY

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

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

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

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

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

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

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

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

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

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

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

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If Donald Trump hired you as a Notary, would you get fired?
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August 3, 2018

Notarization for an exorcism

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

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

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

On June 5th, the Notary showed up.

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

CHELLE: I do.

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

SPIRIT: Do I have a choice?

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

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

PRIEST: (sarcastically) Only the bad ones!

CHELLE: So, what do I do now?

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

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

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

NOTARY: Okay, raise your right hand.

PRIEST: My right hand is raised.

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

PRIEST: I do.

NOTARY: I pronounce you notarized.

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

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

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

NOTARY: Nobody checks.

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

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

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

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

PRIEST: I will.

SOS: Do you swear?

PRIEST: I not only swear but affirm.

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

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

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

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

NOTARY: I am here to turn myself in.

SOS: For what?

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

SOS: Excuse me?

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

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

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

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

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

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

NOTARY: Duh…

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

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

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

PRIEST: Hello, priest service. Jim speaking.

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

PRIEST: Correct.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE END

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April 2, 2018

The ID Says John Smith

Filed under: Technical & Legal — Tags: — admin @ 10:56 am

Q. The name on the ID says John Smith, but the typed name in the document says John W Smith… Can you notarize the signature under these circumstances?

A. You can have him sign John Smith and notarize him as John Smith. The might not wash with the Lender but looks legal. Or, have him sign John W Smith, but put only John Smith in the Acknowledgment. That way you are ONLY certifying the name he proved to you was really his.

Other things you could do…
Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always notarize the signer based on his name on the ID regardless of the typed name on the document. The Lender might not like that, but your main job is to please the law.

For the most part, signers will have identifications that are thorough enough to use for purposes of notarization. However, it is possible that an ID will have a name that is either shorter, or that doesn’t match the name on the document. Notaries scramble the requirements for positive identification. There is the “you can have more than but not less than” rule. More than what? Less than what? This is a bad rule to learn because it gets scrambled more than not. Here are some basic principles:

1. You can always over sign (Lender principle)
This is a Lender or Title requirement, not a law. The law does not say anything about over signing in anything I have ever read. If the document says John Smith and the signer signs John W Smith, that might be okay with the Lender, but it might not be acceptable to notarize. Your job as a Notary is NOT to please Lenders, but to notarize people who you have positively identified. If the ID says John Smith then you can notarize the signer as John Smith prudently, but nothing longer than that.

2. The name on the document must be provable based on government issued photo identification.
I will not go over the particulars of an acceptable ID, and some of the particulars are state specific. As a general rule, a state issued photo ID card, driver license, passport or military ID are fine for a Notary to accept. If the ID says John William Smith and the document says John Smith, then you are fine, but if the ID name is shorter then you cannot prudently use it to identify the signer. If the ID says John Smith, but the signature on the document says John W Smith, you cannot prudently notarize that name even if the Lender says it’s okay. The Lender is not your boss, the laws of your state’s state notary division are, so obey the right entity, and stay out of jail.

3. You cannot use an AKA statement
A Signature Affidavit with AKA statement is not an acceptable primary or secondary ID. As a Notary you cannot use it to identify a signer ever. It is for the lender only.

If I ask you if it is prudent to notarize a signature that says John W Smith when the ID says John Smith, if you make me repeat myself, scramble the scenario, or quote some dumb rule that doesn’t apply in this situation such as point one in this article, you will not only get the question wrong, but get marked up for having poor communication skills. This is a yes or no question, please answer it accordingly.

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January 23, 2018

What’s your sign?

As a Notary, there are various aspects to our job. The most important according to Carmen is identifying people. But, most Notaries just look at the name, and photo, and if it is close enough, that is good enough. If the name is missing a middle initial on the ID that exists on the document that is bad news. But, most Notaries just say, “close enough.” If you say “close enough” too many times, you might end up in court on an identity fraud case which could end you up in court for weeks with no salary, and you might lose a lot of your regular customers as well.

So, how can Notaries make identifying people more reliable? Here are some quick points.

1. If the name don’t match, you must not attach.
Most Notaries say you can over sign but not undersign. This is a Lender preference not a law. If the ID says John Smith and the document says John W Smith you are taking your commission in your hands if you Notarize the signature.The Lender might not mind, but you might end up in court over this if fraud is involved and once in a blue moon it will be.

Most states make sure that middle initials are in ID’s, but not all people are from one of those states. There are out of state people, foreigners, and people who changed their names due to marriage or some other reason, not to mention people with name variations. People from Mexico culturally have two surnames on a regular basis.

So, you have to be prepared for this type of situation even though it only happens 1-6% of the time. If you are going to notarize anyway, what can you do?

(a) Ask the signer what sign he is while holding the ID. If the fake ID has a fake birthday the signer will not know his fake sign. He might be a Leo that is pretending to be an Aquarius. On the other hand, the fake ID might have a real birthday but a fake name.

(b) Get a thumbprint from the signer in your journal. That way the investigators can catch him after the fact if there is any funny business. Thumbprints also deter frauds as they often would prefer not to be notarized than risk being thumbprinted.

(c) Ask their height or birth date.

(d) Ask for a birth certificate if they have one. That doesn’t have a photo, but does have the DOB which is something you can use to cross-check information.

(e) If they have a Social Security card, that is not an acceptable ID, but the first three numbers are part of the zip code where they were born. You can cross check check the info by asking them where they were born.

(f) A gas bill is NOT generally an acceptable form of ID for notarization. However, if you want to verify a middle initial, it is better than nothing.

What you can’t do.
Do NOT accept a signature affidavit AKA statement as a form of identification. That is a document for the LENDER and the source of the information is unknown and not official. Sources for government ID’s are official which is why you can normally trust government issued photo ID’s.

Summary
You need to know your state laws on identifying signers. Many states do not require the name on the ID to exactly match the signature on the document or even for the complete name on the document to be provable based on the ID. Many states leave it up to your judgement. Just because you are following the law does not mean you won’t end up in court as a witness or conspirator to identity theft which is why you as a Notary must take as many precautions as possible.

If you are notarizing for a long term customer and want to take liberties to ensure that your business relationship does not end prematurely, then you might use the above techniques. If the customer means nothing to you, I would strongly consider JUST SAYING NO to any request that is at all questionable, especially those involving ID’s that have names shorter than that on the document.

But, the fastest way to verify if an ID is fake is simply to ask — what’s your sign?

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November 1, 2017

Notary Public 101 — Real Life Notary Scenarios

Return to the table of contents of Notary Public 101

Knowing how to be a good notary is all fine and good. But, if you don’t know how to handle scenarios, you might get into some sticky situations.

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1. Confirming the signing
When you call the borrowers, go over the:
Date, Time, People Signing, Location, if there is a check or wired funds, if they have 90 minutes to complete a signing, and any fees that seem critical in the CD or HUD. Additionally, you should have them read the names in their ID to make sure they match, …read more…

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2. The name on the ID says John Smith
Q. The name on the ID is shorter or not matching the name on the document? What do you do?
A. Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always… read more

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3. Rectify errors on Notary certificates
Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag … read more…

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4. The signer would not sign the flood disclosure.
If you go to a signing at 11am and the signer signs everything except the flood disclosure, what do you do? You call the contact person or people in title or lending. If they do not call you back, you cannot stay at the borrower’s house all day long. Let’s say you leave …read more…

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5. The green pen scenario
You go to a signing, open the package and the instructions read:
Sign in GREEN, don’t call unless it is an emergency, get it to Fedex on time or you are fired.
It is 5:30, last pick up is at 6:00pm. Nobody has a green pen. There is a stationery store in the same complex …read more…

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6. Ten grant deeds.
If you have one signer signing ten grant deeds, you need to do the following:
Create ten journal entries, one per person per document. Put thorough information about who the grantor and grantee is, a thumbprint, and …read more…

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7. The FBI is at your door.
What piece of information will they want from you if someone gave you a fake ID?
A journal thumbprint. If you don’t keep one, start now… read more…

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8. What types of pads of forms should a Notary keep in his/her bag?
Acknowledgments, Jurats, Copy Certifications. Skip the POA forms. Have them consult an Attorney. I carried permission for minors to travel. I created my own very thorough form with room for thumbprints. The Mexican authorities loved my form!… read more…

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9. Chad assigns a job to you. He says if there is a problem, call him and only him. If you can’t reach him, then email him. You get to the signing, the signer signs half the documents and then has a question. What do you do? Call Chad and if he doesn’t answer then email him. Many Notaries just don’t follow directions… read more…

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10. Frank does a loan signing on Monday and drops the package in the drop box at 3pm, calls in the tracking number and then wants to go camping. How many days should Frank wait before embarking on his camping trip and why? I think that Frank should wait until he confirms with the Lender that the package has been looked over in its entirety or… read more…

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11. What entities might want to see your Notary journal?
I have gotten in hundreds of arguments with notaries from states all over the county. Those who live in states where journals are not legally required think they will not get into trouble if they don’t have one. If you end up in court, your journal is your only evidence of what happened. You might become a witness for a long case or a defendant if … read more

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12. Hospital signing issues
Have you ever done a signing in a hospital? You should be prepared, because one day you might do it. There are many issues that come up in hospital signings. First of all, it is common to have to decline service because the signer has been medicated, or has lost their mind. As a Notary, you should be aware that you can easily be subpoenaed for hospital signings as it is common … read more

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13. How do you notarize a document with no signature line?
If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum. You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially … read more

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14. Sixteen year old Samantha calls a Notary to notarize an Affidavit for her mom who does not speak English. The Notary arrives only to find out that he/she cannot communicate directly with the signing who is the mother. Samantha offers to translate as she does that on a daily basis for her mom. What do you tell Samantha? In 49 states, direct ORAL communication with the client is required REGARDLESS of whether the document is in English, has been translated, or whether the Notary understands the document. You cannot use an oral translator except perhaps in Arizona (check AZ handbook for an accurate answer). Refer Samantha to find a Notary who speaks their language.

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15. John appears before you to sign a loan as an Attorney-in-Fact. He knows two verbiage variations for signing as an Attorney-in-Fact and wants to know which one to use. There are no written instructions. What do you do next? In this situation you have to call for instructions because POA verbiage is a matter of preference as there are eight legal verbiage variations for signing as an AIF. So, call the Lender or Title company in this case as the loan will not close if you did not use the verbiage of their choice!

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16. Credible Witnesses.
Jim appears before you to sign an Affidavit. But, he has no ID. What do you do? Many states allow for credible witnesses. Some states require two CW’s who must both know the signer while others allow for one that must know the notary and the signer. You can read up on your state specific rule on this convoluted subject of credible witnesses.

Also read – http://blog.123notary.com/?s=credible+witness

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17. Name two situations where you might need subscribing witnesses. Subscribing witnesses are witnesses that watch someone sign their name on a document. They are used for Proofs of Execution (look this one up in our Notary Acts section) and for Signatures by Mark or Signatures by X which is allowed in certain states (look up in our glossary.)

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18. The document is written in a language that the Notary does not understand. All states except for AZ require direct oral communication with the signer. However, written comprehension is a different ballgame and is very state specific. California only cares that the Notary notarizes the signature and doesn’t care if the Notary understands the document although the signer must understand what they are signing. However, other states can vary. Does your state require you to be able to read the language the document was written in? Look this one up in your handbook as we cannot help you in this matter because we don’t know!

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19. You have been instructed to notarize a form that does not have a certificate.
You are at a notarization and the instructions say, “Notarize this page.” However, there is no certificate wording on the page. What do you do now?

The Notary may not choose the Notary act as that might be construed as UPL. So, just ask the client or signer what act they want and then attach the corresponding certificate to the document. That’s all.

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20. Deeds of Reconveyence.
You go to a signing and one of the documents is a Deed of Reconveyance. Under the signature line has the word Trustee. Who is the Trustee, and do you notarize this document?

The Trustee is normally the Lender, but could also be the borrower if he has a company and is lending money to himself in another capacity. The Trustee could be anyone, so without specific instructions you should probably not have this form signed or notarized.

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You might also like:

Do you take control at a signing?
http://blog.123notary.com/?p=21104

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

The Grace Period after your signing
http://blog.123notary.com/?p=19465

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

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