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June 11, 2019

A Los Angeles detective seizes two journals and complains about a blurry thumbprint

Filed under: Notary Mistakes — admin @ 10:14 pm

Yes people, it really happened. A Los Angeles Notary notarized the wrong person. That person was committing some type of fraud. The next thing you know, some detectives were banging on her door. She had to let them have two of her journals. But, that was not good enough for the detectives. They went through a long whining session.

One of the thumbprints taken by the Notary was blurry. How can you do forensics on a blurry thumbprint? Why was that Notary so lazy that they could not take a proper thumbprint? It’s not rocket science — you just push down — and that’s it. Take thumb, press down in ink pad, rise thumb, press straight down on journal thumbprint designated space, feel good, that’s all.

Then on another journal entry, there was no thumbprint, and trust me, the detectives complained a whole lot about that.

So, if you are Notaries and say, “You’re being too picky Jeremy, and besides, my state doesn’t require that.” There are real reasons why I make the recommendations that I do, and it is not just to give you a hard time. You can get in real trouble without thumbprints and proper journal work. Don’t let it happen to you.

You might also like:

Why keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

All Mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

Scenarios – the FBI is at your door and wants your journal
http://blog.123notary.com/?p=20013

Do you keep a journal to please the NNA, the FBI, or yourself?
http://blog.123notary.com/?p=19483

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February 3, 2012

Must a thumbprint accompany a notarized document?

Filed under: Legal Issues,SEO,Technical & Legal — Tags: , — admin @ 9:38 am

Must a thumbprint accompany a notarized document? 

To deter fraud in notarizing, thumbprints are sometimes required by law in certain states, but are always a good idea.  California notary law stipulates that the notary must take a journal thumbprint when notarizing signatures on powers of attorney or deeds effecting real property such as Grant Deeds, Quit Claim Deeds, Mortgages, Subordination Agreements, etc.   Other states have their own rules.  Texas has some rules restricting the use of thumbprints, but I don’t know enough about those restrictions to comment.
 
Prevent fraud
As a general rule, if the notary public you use takes a journal thumbprint (many do not bother with this or even own a thumbprinting pad), you have more security.  The thumbprint is proof that nobody faked an ID and pretended to be you, or forged your signature.
 
Serious documents should have a thumbprint
If you are having a serious document notarized, you might ask ahead of time if the notary carries a thumbprinting pad.  They are two inches in diameter and weigh about half an ounce, so it is not a burden to the notary, assuming he/she is prudent about notarizing (that is assuming a lot).
 
Does the thumbprint go on the actual document?
I have never heard of a procedure which requires a thumbprint on an actual document, but it is not a bad idea. You could neatly put it to the right of a signature and document which thumb was used from which individual.  If you are missing a thumb, you can use the other thumb or a finger, just document it somewhere.

You might also like:

Notary Public 101 – identification
http://blog.123notary.com/?p=19507

Notice to title companies about thumbprinting
http://blog.123notary.com/?p=19453

Identification and thumbprint requirements for notarizations
http://blog.123notary.com/?p=4299

Signing agent best practices
http://blog.123notary.com/?p=4315

Notary thumbprints can save your neck
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4939

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November 16, 2011

Thumbprint Taking – Step by Step

Filed under: Technical & Legal — Tags: , , , , , , — admin @ 2:09 am

Thumbprint taking and fingerprinting – step by step
The art of fingerprinting or thumbprint taking is not rocket science, and anyone can perform this art.  The older way of doing fingerprinting or taking thumbprints was to use a form of ink and take a person’s fingers, one by one, and press them into the ink pad, and then make either a FLAT or ROLLED impression on a piece of paper.  Standardized fingerprint cards are what is/was acceptable to the FBI and DOJ (Department of Justice).  However, these days, live scan is the medium of choice for many. Fingerprint cards generally require rolled impressions, while journal entries require a flat thumb impression.
 
Livescan Fingerprinting
The beauty of live scan is that you can take each individual fingerprint as many times as you like, until you get a good, clear impression.  With fingerprint cards, if you goof just once, you have to start all over again with a new card.  Elderly people have unbelievably stiff arms and grab on for dear life when you try to roll their wrist around to take prints.  They apply such a force of resistance due to their terror about nothing, that you might have to take their fingerprints several times to get readable prints.  Live scan solves this problem.  The bigger question is that the organization you are submitting the fingerprints to is the one that gets to choose what medium they prefer for fingerprinting, and every organization has their own standards.
 
Journal Thumbprint Taking
In the old days, a type of ink that is hard to wash off was used for any type of thumbprinting ranging from booking criminals to taking journal thumbprints.  Now, an inkless substance can be used which leaves the appearance of ink on a piece of paper, but is easy to wash off a person’s hands. 

How to take a thumbprint
Taking a journal thumbprint is easy (unless someone has a stiff arm, and many people do), just take the right thumb, and hold it by it’s sides with your thumb and middle finger… then take your index finger and press down into your ink pad, and then press down onto the notary journal making a flat impression. It is easiest to have their thumb next to the edge of the table so the rest of their hand can go lower.  If the signer’s right thumb is not available, use their left thumb, and if the left thumb is not available, you can use a right finger. Just document whichever finger you used.  I had a client who’s hobby was experimenting with explosives in his apartment.  I had to use whichever finger was remaining in his case. There were not many choices by the way.

Fingerprinting step by step

I only know the old-school technique.  Take the person’s left hand, and roll each finger in the ink pad, one by one.  Then roll each finger on the fingerprint card.  Then, take the person’s right hand, and repeat the process.  Some cards require additional flat impressions of the thumbs.  For flat impressions, you can roll the thumb in the ink pad, but do not roll the thumb when printing — just hold the thumb above the card, and then press down quickly and firmly.  If you move too slowly, the person’s right or left hand might start to shake and blur your impression.
 
When you you need to be fingerprinted or have thumbprints taken?
If you are being notarized, then it is a good idea for security to have a thumbprint in the notary’s journal as evidence that the signer was really you (and not just pretending to be you).  Some states require journal thumbprints for particular documents.  Applications for professional licenses often require fingerprints.  To become a notary in California, you need to be fingerprinted.  Criminals generally need to be fingerprinted when they get booked or tagged for being a gang member.

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Journal thumbprinting in a nutshell

Notary journal thumbprints, they can save your neck!

Signing Agent Best Practices

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November 12, 2011

Texas Notary Law and Journal Thumbprints

Filed under: Texas Notary — Tags: , , , , , , , , , , — admin @ 9:27 am

Notary Public Texas: Texas Notary Public Law and Journal Thumbprints
 
I am a person who likes to take precautions. Life is more fun when you have less disasters, right? Disasters are more likely to happen when you don’t take precautions, right?  Today, I was visiting our Facebook profile, which I generally do every day or two.  I notice an interesting response to one of my posts about how essential journal thumbprints are for your safety as a notary public in any state!  However, one lady wrote that the National Notary Association now counsels Texas Notary Public members (Texas notaries who are clients of the National Notary Association) NOT to take journal thumbprints due to house bill 3186.  This notary claims that the mentioned bill states that a biometric identifier (such as thumbprints captured for a commercial purpose may be disclosed only under certain circumstances and must destroyed within a certain amount of time.
 
I am not sure if I agree with the National Notary Association on this one.  But, on the other hand I am not an attorney and don’t give legal advice. I will say this though:
 
(1) If you are a notary in Texas, or any other state, and one of your signers is accused of identity fraud or forging a signature, without a thumbprint, you can not prove that they were the one that really appeared before you.  Picture identification is really easy to fake.  China has many experts who will sell you a professionally made fake for US$200.  You might end up in court for a week because you didn’t have a journal thumbprint.
 
(2) Thumbprints in journals are NOT taken for commercial purposes, but are part of a notary public’s official job in their official capacity. Notaries are offering a service which they may or may not be charging for, and the thumbprint is only a security measure used in conjunction with the service. Nobody is “Selling” a thumbprint in the notary public business. 
 
(3) A notary journal is the EXCLUSIVE property of the notary in Texas and in any other state that allows Journals.  Only people making inquiries about particular notarizations may  have access to a particular journal entry and this qualifies as disclosure only under certain circumstances.
 
(4) As far as destroying journal thumbprints, that is up to the county recorder who receives your journals at the end of your term. It is THEIR property when you end your term, and up to them what to do with the thumbprints.  Keeping thumbprint records during your term seems legal unless a specific law says you can’t keep them this long.  The thumbprints are to protect the public from fraud and are not used frivolously or shared with the public in any way.
 
In any case, if you are a Texas notary public, you need to be familiar with the notary laws of Texas, and that is your responsibility. Please take my commentary as opinions, because that is exactly what they are.

You might also like:

Multiple title companies told notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Thumbprint taking state by state
http://blog.123notary.com/?p=1689

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November 11, 2011

Notary Journal Thumbprints – they can save your neck!

Filed under: Technical & Legal — Tags: , , , , , , , , , , — admin @ 8:23 am

Notary Journal Thumbprints
 
How adamant are you about taking journal thumbprints?  As a California notary public, you are required to take notary journal thumbprints for deeds effecting real property and power of attorney documents.  Notary thumbprint taking is a serious business and can keep you out of court.
 
Taking precautions as a notary
I have written other blog posts about precautions that notaries can take.  Notaries can use an inkless embosser in addition to an inked seal.  They can emboss every page of every document they ever notarize as a precaution against page switching which is a common crime that takes place after multi-page documents have been notarized. Taking a precaution of taking journal thumbprints is smart also, and can keep you out of court.
 
Suspicion of identity fraud
Let’s say that you notarized a signature on a document and that someone involved in the transaction suspects identity fraud.  The first thing they will do is to track down the notary who notarized the signature on the document and start asking questions about the signer. You will not remember the signer well, unless you took notes in your journal about what they looked like, how they acted, how old they were, etc.  But, if you have a thumbprint, that is absolute proof of the signer’s identity.  No two thumbprints are identical, and you can’t fake a thumbprint (forge a thumbprint) in front of a notary.
 
The investigation ended once I produced a thumbprint
If someone questions you about a particular notarization, and you say you have a journal thumbprint, the investigation might just end right there.  It happened to me as a California notary public during my first four year term. I saved myself from a potentially long visit to court.  I got a phone call from someone investigating fraud.  Someone had cheated some elderly people whom I had notarized.  One of the documents used to allegedly cheat them had been notarized by myself in my capacity as a California notary public. Since I had a journal thumbprint, the identity of the signers was no longer in question.  The person said they had no further questions the minute I told them I had a thumbprint. They didn’t even want a copy of the journal entry with the thumbprint.
 
Weak thumbprints with the elderly
The flaw of thumbprints are that elderly people often lose the tread on their fingers.  I am talking about really old people, perhaps in their eighties or nineties.  There is nothing you can do in that case, but at least you have a print, no matter how featureless it is. Personally, with signers over eighty, I recommend a retinal scan, which is not possible for a notary to take in 2011, but maybe in 2015… we can always hope.
 
Regardless of your state of commission
Whether you are a Florida notary public, a California notary, or notary in another state, if you are notarizing signatures on a power of attorney or real estate deeds, get a journal thumbprint whether it is required by law or not. That thumbprint could save your neck.  It is not a bad idea to require signers to give thumbprints for all documents and even oaths or affirmations.  It keeps them honest.  The minute they start making excuses why they shouldn’t have to be thumbprinted, that is suspicious behavior, and you might want to refuse service to them.
 
Bring wipes!
Don’t forget to bring wet naps or wipes of some sort.  It is polite to have something for the signer to wipe their hands off with.  Even with the NNA’s inkless thumbprinter which is a product I always had several backups in stock of, you should offer a wipe.  I strongly recommend having at least one inkless thumbprinter in your notary carry all bag!

Please visit our notary search page to see our notary public California page and notary public Florida page!

.

You might also like:

Thumbprinting in Texas
http://blog.123notary.com/?p=19672

Multiple title companies told Notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Notary Public 101’s guide to Notary Journals
http://blog.123notary.com/?p=19511

Thumbprint taking step by step
http://blog.123notary.com/?p=1689

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January 25, 2022

Vampire Notaries: 24 hour service

Filed under: Best Humorous Posts,Popular on Linked In,Popular on Twitter 2011,Popular Overall,Virtual Comedy Themes — Tags: — admin @ 12:04 am

This was originally published in 2013

It was a dark and rainy night.
A couple called a company called Vampire Notaries for a late night signing.

The company’s motto was:
“We are part vampire; We provide 24 hour service”

They were going to sign a simple affidavit. The couple thought the business name of the notary sounded romantic in an erie way. In any case, the vampire(s) showed up a the appointed time.

It was 2am on a rainy night. There was thunder; There was lightening. The couple was cozying up next to the fireplace sipping wine. Then, there was a slow, but emphatic knock on the door. Knock………… knock……….. knock………. Each knock was heavy and decisive, but not frighteningly loud. There was a four second pause between each knock.

Two seemingly normal men in their 30’s were at the door. They both had clean cut hair, and were clean shaven. Everything was normal about these two guys, or at least, so it seemed. The only distinguishing aspect of their appearance was their long black coats. But, it was raining, so perhaps they needed a long trenchcoat, right? Or, was this part of their usual attire?

The couple asked why there were two of them. The answer was, “We like to work in pairs”. The couple gave each other a weird look, and then they asked what was next. Vampire #1 asked to see their identification. The couple gladly handed their drivers licenses over. Vampire #1 stared at the picture of the lady, and said, “That’s a nice picture, you have nice rosy cheeks… you must have good circulation! Do you work out?” Next, Vampire #1 wanted to see the documents. The couple was instructed to sign the documents. Next, it was time for pawprints. Vampire #2 asked for a right thumbprint from the husband. At this point, the wife asked, “Aren’t you asking for a lot? The next thing you will ask for is a DNA sample, a retinal scan, or even a BLOOD SAMPLE.”.

At this point, Vampire #1 exclaimed,
“Funny you should mention that” — and gave a knowing glance to the the other vampire.

Then it was time for the wife’s thumbprint. The husband said to Vampire #2, “You really do spend a lot of time looking over my shoulders and breathing down my neck. Vampire #2 said, “They don’t call us Vampire Notaries for nothing!”. Finally, the wife noticed that Vampire #1 was doing 90% of the work. She asked why one Vampire did almost all of the work. Vampire #2 explained, “I prefer to watch!” — with a delighted look on his face.

After the notary work was all done, the couple paid the notaries. But, Vampire #2 said, “We are not done yet”. The wife asked, “What more could we possibly do?”. Vampire #2 walked over to his briefcase, and whipped out four dixie cups and announced, “It’s time for our midnight elixer!”. Vampire #1 brought a small bottle of sangria, he glanced at the couple’s Anderson Valley Syrah and said, “You are drinking the WRONG type of wine!”.

So, all four of them enjoyed a two ounce sip of Sangria (the Italian word for BLOOD) from their little chalices. After that, the vampires were about to part ways with this young couple. The lady said to the man, “They seemed nice, but that was a little strange”.

Right before the vampires walked out the front door, Vampire #1 whipped out a purple light. The couple saw what these guys looked like in the light, and their eyes turned a very disconcerting color, and their teeth turned color too, emphasizing their fangs.

“Oh my god”, screamed the wife.

“Fare well”, retorted the vampires… and left, with the door making a medium-loud clunk as it closed.

The next day, the couple woke up. Everything seemed normal. The husband brushed his teeth. The wife took her shower. They enjoyed a slow breakfast with all of the usual items. Then, it was time for a kiss before going to work. But, the wife noticed something.

“Fred, What are those strange marks on your neck?”

Tweets:
(1) The company’s motto was: “We are part vampire; We provide 24 hour service”
(2) 2 seemingly normal men in their 30’s were at the door. It was raining, so maybe they needed trenchcoats, right?
(3) Wife: “The next thing you will ask for is a blood sample.”
Vampire Notary: “Funny you should mention that.”
(4) Vampire Notary: “I like your ID picture. You have nice rosy cheeks, you must have good circulation, do you work out?”
(5) After the signing w/Vampire Notary, the 4 of them enjoyed a sip of Sangria (the Italian word for BLOOD)
(6) The day after the signing w/the Vampire Notaries the wife asked: “Fred, what are those strange marks on your neck?”
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http://blog.123notary.com/?p=3946

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http://blog.123notary.com/?p=20948

The 24 hour icon and what means
http://blog.123notary.com/?p=19455

Notary with Tourettes Symdrome
http://blog.123notary.com/?p=18999

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January 24, 2022

Notary Happy Days Goes to China!

Filed under: Virtual Comedy Themes — Tags: , , — admin @ 10:29 pm

This was originally published many years ago.

Intro Joke:
A New Yorker was in the middle of downtown Shanghai with his wife and
kid. They walk into a restaurant where everybody in sight is Chinese
and nobody speaks a word of English.

The wife asks, “Where’s the bathroom?”
His kid asks, “Do you have egg rolls?”
And the guy asks, “Is the food authentic?”

I grew up watching Happy Days. I loved Richie, Potsie, Chachi, and
the gang. But, a Notary recently had to fly to Shanghai to do a
notarization for the Chinese version of Happy Days called “Yu-Kuai
Tian” which loosely translated means cheerful or happy day(s).

A Notary was called in to do a notarization for the staff of Yu-Kuai
Tian. He thought the notarization would be for a screenplay or a
writer’s contract. Boy, was he wrong.

NOTARY: Hi, I’m here for the notarization.

MANAGER: Solly no Yingrish! You wait!

ASSISTANT: Oh yes, we have been expecting you.

NOTARY: So, who am I signing for? One of the managers or the writers?

ASSISTANT: Oh, they didn’t tell you? You’re signing for the Chinese
Henry Winkler — “The Fong.” He’s late today because he was out last
night with one of his lady friends. One of his classier girlfiends who
doesn’t slurp when she eats her shark fin delight of three soup.

NOTARY: Sounds like an Ayy! One gal.

ASSISTANT: He’s out in back finishing repairing the transmission in a
rickshaw. He won’t be ready for you until 3pm. You can try one of our local restaurants.
They are quite good.

NOTARY: Yeah, that’s a good idea. I’ll try the one with the green
sign. I’ll just hope for the best.

ASSISTANT: But, before you go, please meet Mr. Yu and his guys. We
call them Yu’s guys!

NOTARY: Okay, how Yu’s guys doin’? This is how we talk in New York by the way.

(At the restaurant with the green sign. All of the staff are Chinese
and speak almost no English and all of the customers without exception
are Chinese as it is in downtown Shanghai.)

WAITER: Hello, I your waiter. My name Cha-Chee Wang.

NOTARY: You’re kidding. Cha-chee, like in Yu-Kuai Tian?

WAITER: Yes, I work there on my off day as wing man for The Fong. With my husband, Jo-Nee.
Jo-Nee love Cha-Chee.

NOTARY: I don’t care what I eat, but there is one thing that matters to me.

WAITER: You like dish called Potsie Sticker. It kind of dumpling.

NOTARY: Well, what I wanted to know is — is the food authentic?

WAITER: Yeah, food authentic all right. Half hour after you eat, you hungry to breathe
Oxygen. We in China after all. No Americanized food here. We don’t even know what that mean.
But, today long day. Potsie also work here. He having worst day in life. He so
out of it, it take him half hour to make “minute fried rice.”

NOTARY: Well maybe you should have Joannie come and help him.

WAITER: We try, but Joannie Chan busy. Anyway, one order of Potsie
Sticker coming up. By the way, last week was Chinese New Year – year
of the monkey, but sorry, we not serve monkey here. Try down street.
Delicacy — very expensive.

NOTARY: Thanks, but when I said authentic, maybe I had no idea what I
was getting myself into.

(30 minutes later)

NOTARY: Thanks for the great meal. Let me give you 40 ren-min-bi,
that should cover it. Back to the set.

THE FONG: Heyyyyyy!!!!! (with two sexy Chinese girls: one on each
side of him in cheerleader outfits.)

NOTARY: Wow, I get to meet the Chinese Fonzie in the flesh.

THE FONG: No, don’t touch the leather. Just got it restored at Wing’s
leather repair down street. And don’t touch the hair either.

NOTARY: Okay, I promise not to.

GIRLS: We promise not to either! hee-hee-hee…

THE FONG: Eyyyy!!!!! (puts two thumbs up.)

NOTARY: Good thing we’re not doing thumbprints.

THE FONG: If we did, you not need ink, plenty of grease already on
thumbs from mechanic work not to mention coconut oil on hair for good
look.

NOTARY: Okay, I’ll need to see some ID.

THE FONG: Okay, legal name Fong Xiao-Leng, similar to Bruce Lee’s
Chinese name. But, people call me The Fong!

NOTARY: In real life I am not allowed to notarize outside of the State
of New Jersey where I am legally commissioned as a Notary Public, but
since this is a fictional comedy blog, I will take some liberties and
illegally use my stamp here in Shanghai.

THE FONG: Okay, so where do The Fong sign?

NOTARY: Right here

(The Fong signs in the wrong place and Notary scolds him)

NOTARY: No not there. You signed in the wrong place!

THE FONG: Wait second. You say The Fong… w-w-w-w-wong? The Fong NEVER wong!!!

NOTARY: Yeah, you were supposed to sign right here, and you signed
down there where the signature of the Notary is supposed to be.

THE FONG: Nobody say The Fong w-w-w-w-w-rong…. Not even The Fong’s mother.

NOTARY: Just admit it… You were wrong.

THE FONG: I can’t say it. I was w-w-w-w-w-w-… I just can’t.

NOTARY: Try one more time. Never mind. We’ll sign this fresh duplicate
I brought. Be more careful this time.

THE FONG: Okay. (scribbles The Fong on document)

NOTARY: No, that’s wrong. Your legal name is Fong Xiao-Leng, not The
Fong. The Fong is your nickname. You can’t legally be notarized using
that name.

THE FONG: Hey, this is blog entry. I do what I want. But, you say I
w-w-w-w-wrong again? We take this outside! NOBODY say The Fong wrong.

(The Fong grabs the Notary and takes him outside behind the garage)

THE FONG: You want on chin? Hurt more — show less. Or on gut? Hurt
more, nobody see.

NOTARY: What are you talking about?

THE FONG: You say The Fong wrong. Nobody say The Fong wrong and live
to tell about it. I punch you hard. You choose place.

NOTARY: Go for the gut. My dumplings weren’t that good anyway. I
think I prefer Americanized Chinese food come to think of it. But, I
have one condition. You can only punch me if you admit that you were
wrong.

THE FONG: Deal… (punch)

NOTARY: Oh my God… What are you, a Shao-Lin monk? That really hurt.
Ouch. I’ll spend the rest of the day bent over. Now it’s your turn.
You have to keep your end of the bargain and admit that you were
wrong. Fair is fair.

THE FONG: Okay. I keep bargain. I was w-w-w-w-w-w-w….

NOTARY: Yes, this is a Deed for the sale of one of the rick-shaws you repaired.

THE FONG: Do you notarize auto-sale paperwork?

NOTARY: I notarize any documents about anything that starts with a key
and goes vroom vroom!

THE FONG: Eyyyy!!!! That sound like something The Fong would say.
Anyway… I was w-w-w-w-w-w-w-w-w.

NOTARY: You can do it. Good thing I ate lightly.

THE FONG: I was wr-r-r-r-r… It so hard. I was w-w-w-w…. WONG! I was wong!

GIRLS: I can’t believe he said it. The Fong was wrong!

NOTARY: Okay, now sign this 3rd copy I made as Fong Xiao-Leng and
we’ll be all done and I’ll take the next flight back to America.

.

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http://blog.123notary.com/?p=16038

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http://blog.123notary.com/?p=15842

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January 16, 2022

Quiz: You know you’re a good Notary when you…

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In,Popular Overall — Tags: , , , , — admin @ 9:54 am

What type of Notary are you? A good one or a bad one? I’m not sure who created the questions for, “You know you’re a redneck if you…”
So, I’ll create my own version of this satirical banter, and come up with my own version for Notaries that will have some technical merit.

You know you’re a bad Notary when you…

(1) Do you fail to call the borrower to confirm the appointment that signing company set, and just show up?
If you don’t call and make sure that all parties involved (watch out for spousal signatures) will be there and on time, with a current ID with matching names — you might be in for some wasted time. If you don’t get the documents signed, you might not get paid. You might waste two hours for nothing because you don’t think you “need” to call the borrowers, or because you were asked not to. It is your appointment and your responsibility!

(2) Do you send loose certificates in the mail?
Lenders and Title companies are notorious for asking notaries to break the law and send loose certiifcates. In some states it is a Misdemeanor if you ask a Notary to do something illegal. Report all illegal requests to your State Notary Division immediately. No second chances!

(3) Do you fail to get certified by all agencies that you purchase “effective” advertising from? Or do you say, I don’t “need” your certification because I’m already “certified” without even disclosing the name of the organization who certified you? There is no such thing as just being “certified” as notary certification is not regulated by any government.

(4) Do you say, “I have my Notary” when you really mean you have your Notary Commission?

(5) Do you fail to use a Notary Journal or Seal simply because your state doesn’t require it? What happens if an investigator asks about a potentially fraudulent transaction you were involved in and you have no evidence for the court? The court case might be really long and you might get in really big trouble.

(6) Do you fail to keep thumbprints of signers in your journal because your state doesn’t require it?
Guess what? You might end up in court if you don’t take thumbprints, especially on transactions affecting high dollar figures such as properties.

(7) Do you fail to administer Oaths to credible witnesses or for Jurats because you are not well enough trained to know how, or even to know that you are required? Or, perhaps you don’t even know what a credible witness even is. Better look this up in your state Notary handbook.

You know you’re a good Notary when…

(1) The hair on your neck stand up straight when you see someone try to sign with a middle initial that doesn’t exist on their identification.

(2) You use an inked seal and an embosser with a raised non-inked seal to make it detectable if pages are swapped or photocopied.

(3) You take copious notes in your journal about the signers, what went on in the signing, and the building / neighborhood where the signing took place to job your memory should you ever be summoned into court.

(4) You sell your car, and buy a few top spots on 123notary.com!

There are many other technical points and best practices that we could address, but for this hopefully entertaining blog entry — that’s all folks!

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August 14, 2021

Being a notary vs. waiting on table

Filed under: Humorous Posts — admin @ 8:00 am

When I have new notaries on board, I normally give them a welcome call. I asked one guy what his professional background was. He told me he was a Notary for a month. I told him that a month doesn’t constitute a professional background, but that a 20 year teaching background would. Then he said that he was a Real Estate intern for half a year. Finally, I asked him, “Are you young?” I forget that young people don’t have a professional background or necessarily know what one is. But, if they keep having a boring and dull life going into the office, they will attain one in 10 short years. But, what about being a waiter?

WAITER: Welcome to Mel’s Diner, can we interest you in a drink?

CUSTOMER: I’ll have the jackhammer.

WAITER: Can I see some ID?

CUSTOMER: I’ll sign the journal, but I won’t thumbprint.

WAITER: Hmmm. So, what’s your sign?

CUSTOMER: I’m a Leo.

WAITER: So, you were born, July 28th, 1997.

CUSTOMER: You are trying to trick me. I was born the 29th.

WAITER: I wasn’t trying to trick you. I have bad eyesight. And I don’t use a journal because my state doesn’t require waiters to use a journal.

NOTARY: You sound like a Notary in one of those states that doesn’t require journals. But, when you get busted by the FBI and the journal is your only evidence that you weren’t involved in a serious act of fraud, you could get put in jail or end up in court forever.

WAITER: Good point. What if someone orders an illegal drink with a fake ID, I don’t keep a record of it, and he gets in his car, runs someone over, and I get blamed. That “journal of official waitorial acts” could be my only defense.

CUSTOMER: I never thought of that. You know, you CAN thumbprint me. I even brought my NNA thumbprinter.

NOTARY: Are you a Notary too?

CUSTOMER: Not yet, but I’m going to become one, and I’m learning something right here about being a Notary. It can be a dangerous job if something goes wrong.

NOTARY: It’s like driving. It’s safe 99.9% of the time, and then something unusual happens and then only your seatbelt can help.

WAITER: Many people don’t like precautions unless they sound like Covid-19 precautions — then they like endless restrictions and precautions.

CUSTOMER: If I were running this joint I would say — you can have that jackhammer, BUT ONLY if you sign this journal. But, you can’t sign the journal unless you wash your hands three times and say hail Mary, and then walk around in a circle counter clockwise, use a sanitized pen, and then sign it wearing an N-95 facemask.

NOTARY: How about sound effects. If someone orders a jackhammer, shouldn’t that come with sound effects. Maybe get some sampling?

WAITER: How about this? “Chu chuh chuh chuh chuh…… HEY SULLY, we’re that pipe you brought ovuh? chuh chuh chuh chuh …. WHAT? I CAN”T HEAR YOU. I got my ear plugs on.”

CUSTOMER: Wow, that changed the whole customer experience in an even better way than those meaningless restrictions.

WAITER: Sully says he likes the part about the hail Mary as you go around three times.

NOTARY: Is Sully a real person?

WAITER: He’s real to me! So, let me guess. Would you like to try a virgin Notarita?

NOTARY: Sounds great, but the drink sounds underaged. I don’t want to get in trouble.

CUSTOMER: It’s okay, the drink has been aged 21 years. We just need to make sure that you are of proper age and sound of mind.

NOTARY: Here’s my ID. Wow, this is like life in reverse.

WAITER: So you could notarize that drink because it’s old enough.

NOTARY: It’s age is passing, but it doesn’t have an ID.

WAITER: But, it does have a signature — in fact it’s our signature drink.

NOTARY: In that case, that makes it okay. So, honestly, are all of your clients as interesting as us?

WAITER: Some are a lot more interesting. But, it’s hit and miss, especially the ones who forgot their ID.

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June 10, 2021

Comments on good journal entry procedure

Filed under: Journals — admin @ 3:09 am

I have written thorough information on journal keeping in other articles. But, here is a summary of some of the more critical points.

1. KEEP A JOURNAL – or else. Even if your state does not require you to keep a journal, it is your only evidence if investigated by the FBI or if summoned to appear before a Judge. This happens more than you think to Notaries so be prepared and keep records in a journal.

2. Don’t forget to enter the type of NOTARY ACT that you are performing in the journal. This is generally a Jurat, Acknowledgment, Oath or Affirmation. Copy Certification might be considered a Jurat in some states, but you could put both names to be thorough.

3. Obviously enter the ID INFORMATION in your journal unless you live in a state that forbids that. Otherwise you have no evidence that you looked at their ID. Make sure the photo looks like them and that the signature on the ID matches the one in the journal and the document. If you want to get cute, ask them their sign and see if it matches their birthday.

4. THUMBPRINTS are almost foolproof. ID’s can be faked, but all thumbprints in the planet are unique to a particular individual. To deter fraud and help the FBI catch very very bad people (and yes we have stories from 123notary members about exactly this.) then keep a thumbprint for all notarized documents in your journal. NNA sells a nice journal with room for thumbprints and you need an inkless thumbprint pad too which is not expensive.

5. DOCUMENT DATES
Most people don’t know what a document date is or what it means. It is an arbitrary date inscribed within the document which normally corresponds to the date the document was drafted or signed. It is yet another indication of which document you are dealing with, just in case you notarize two documents from the same signer with the same document name.

6. SIGNATURES
Signers must sign all journal entries that pertain to documents that they are being notarized on.

7. PRICES. The price you are charging the signers should be indicated in the journal. If you are charging a travel fee, or a flat fee for a mobile signing, indicate this somehow in your records, perhaps on the top entry of a particular signing.

8. ADDITIONAL NOTES? The NNA journal has a section for additional notes. If you have credible witnesses, they sign there. If you notice anything unusual about the signing, write it down as that could jog your memory when you are in court several years after the fact. It is hard to remember all of your signings and roughly 15% of our full-time Notaries who have been around for several years have been to court due to Notary related reasons.

9. STORAGE. Keep your used journals in a safe and dry place. You might get a query for an old journal entry and you need to be able to find them. Your Notary division might want your journals if you quit your commission or you expire, so keep them where you can find them where nobody will steal them.

That’s all for today!

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