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March 9, 2019

Why You Shouldn’t Use an Online Notary

Here we cover six important reasons for NOT using an online notary public.

We’re living in an era driven by technological advancements. Today, people are willing to use YouTube as a babysitter and tablets as their kids’ companions. Be it engaging games, interactive tools for education or workflow productivity, technology always lends a helping hand but this gives rise to a few questions: Does technology really help us? Does technology need to disrupt everything? How deep into our personal affairs should we let technology creep?

Here we cover six important reasons for NOT using an online notary public:

Far Less Secure than In-Person
Lack of personal appearance defeats the purpose of notarization. Period. How can a notary properly identify someone in the world of AI when they appear on a computer screen? Audio/Video can be made from anywhere through any means. As I write this article, I did a simple Google search for “video overlay app” and about 152 Million results popped up with detailed instructions.

Huge Potential for Fraud
Here’s the dirty secret that online notaries don’t want you to know. Online notary companies require you to upload a copy of your documents so that they can place their seal on them, you then download your “notarized” documents and print them out. But guess what? A copy of your most important legal documents are now somewhere on the online notary’s datacenter just waiting for a hacker to harvest them. And we all hear the same news story almost weekly, “XYC Company has had their data breached and millions of users data was compromised.” What if you were named the beneficiary in your late relatives estate documents that were notarized by an online notary, but all of a sudden, someone else shows up in court with a copy of those same documents but with their name on them as the beneficiary?!?!

Huge Potential for Identity Theft
Internet security is another big one. If you don’t have huge secure data servers processing the data you’re uploading to the online notary, your personal information (ie. your ID credentials and documents) are being thrown out onto the World Wide Web without recourse. Once that data is internet bound, there is no coming back from a potential cyber attack.

It Costs More
In the State of California, notaries may charge a fee of $15 per signature notarized. Online notaries charge almost twice that at $25 per signature notarized. If you have multiple documents with multiple signers, you’re going to spend a whole lot more with an online notary than with a local notary whom you actually get to meet in person and shake hands with. “Shop Local” also applies to notaries.

You Might Need a Do-Over
The receiving party may not accept an out of state notary seal. A little known fact is that it’s up to the receiving party to decide if they will accept the notarization or not. Online notaries only exist in VA, TX and NV at the moment and the receiving party doesn’t have to accept an out of state seal, particularly if the receiving party is a state government agency. You’ll then need to spend more money getting your document re-notarized by a local notary in your home state.

Unemployment
How are local notaries supposed to make a living? Currently there are approximately 164,000 notaries in California. Now, we have a huge corporate company coming into CA (with the infrastructure already in place) and swallowing up notary jobs leaving thousands out of work. Imagine how hard it will be to find a notary if notaries have been replaced by an app but you can’t get an internet connection!

Conclusion
Technology has brought radical changes to our lives. But, we will end up having more disadvantages than advantages if our society overuses technology. What’s your take on this? We would love to hear your thoughts in the comments section.

Author: Matt G Miller
Contributing Writer: Kyle Eisenberg
I was given permission to publish this article by Matt Miller although it looks like it had already been published on his personal blog.

You might also like:

How Notary work is similar to online dating
http://blog.123notary.com/?p=15763

eNotary – electronic notarizations
http://blog.123notary.com/?p=21344

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January 18, 2019

Notary Etiquette 104 — Miscellaneous

Filed under: Etiquette — Tags: — admin @ 10:32 pm

MISCELLANEOUS NOTARY ETIQUETTE TIPS
Return to Table of Contents for – Notary Etiquette 104

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1. Don’t sell people’s signatures or personal information.
It is bad manners and possibly illegal, and definitely unethical to sell or distribute anyone’s private information.

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2. Don’t second guess family relationships.
I once thought the wife was the guy’s mother. Oops!

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3. Handling criticism
Notaries can get very rude or defensive if criticized. The psychology of a Notary is one who claims they know everything when in reality they typically know about 30% of what they need to know and manage to get by with this sub-minimal knowledge. If you make a mistake and someone calls you out on it, don’t argue, just try to understand what you did wrong or allegedly did wrong and learn from that experience. I sometimes quiz Notaries by phone and they get very hostile when I tell them they made a mistake. You won’t learn to be smarter or impress your clients by getting belligerent when criticized — treat it like a learning experience and it might just better you.

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4. When to call the Lender
Some Notaries will call the lender if they don’t know if they should sneeze or not. Calling the lender can end up in a forty minute phone call. You will have trouble getting out of the house where the signing takes place if you call the lender. So, only call if you absolutely have to. In the 30 point course on our blog we have a chapter all about when to call the lender and when not to.

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5. Is it rude to ask for a thumbprint?
This is a topic of debate and even hostility with the Notaries. For your safety you need to take thumbprints. But, many Notaries think that it is not only unnecessary but bad to take a thumbprint because what if you offend someone? I am more concerned with what happens if an imposter drains the equity in someone’s house, the Notary ends up in court for two months without pay, and someone goes to jail. To me that scenario weights a lot more heavily than if someone is offended because you ask them for a journal thumbprint. If the FBI is investigating you because you notarized an identity thief, the falsified information, fake name, fake ID, and fake serial number from the ID will lead the FBI nowhere and they can name you as a suspect in a conspiracy and you could end up in huge trouble. A thumbprint could save your life, so take it seriously.

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6. The document is not in English
You need to refer to your state’s notary laws. Many states will allow you to notarize a document in a foreign language providing the signer understands what they are signing. If you are going to upset someone by saying no to a transaction, make sure you have the right to turn down the transaction before you ruin their day.

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7. Notarizing the elderly
If you are notarizing people who are very old, or in a hospital, ask them some polite questions about current events. Make sure they know who they are, what the document means, and if they know who is in the White House these days. Some people are out of it, so find a nice way to drill them a little bit.

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8. Rude posts on social media
If you think that nobody is reading your social media posts, think again. There are a lot of very hostile and psychotic Notaries out there who are bashing all types of Notary companies including our own. This is rude and belligerent behavior. Many title companies will not hire Notaries who are involved in this type of behavior.

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9. Being obstinate about answering questions.
When companies ask Notaries Notary questions, many Notaries do not want to answer. They feel they are professionals and therefore should not be questioned. The sad reality is that most Notaries do not have a solid notary knowledge and that is why those questions are a necessity. So, be polite and just answer a few questions without trying to wiggle out of it.

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10. Answer emails and phone messages fast.
Keeping people waiting is very rude. Try to get back to people as soon as possible.

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January 15, 2019

Notary Etiquette 104 — Confirming the Signing & At the Signing

CONFIRMING THE SIGNING & AT THE SIGNING
Return to Table of Contents for – Notary Etiquette 104

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1. Call to confirm the signing.
First introduce yourself on the confirmation call. Then go over all pertinent points. Make sure the ID proves the name on the documents and that all the signers will be there. You should also verify that there is a clean table to sign on. You should go over how long the signing should take, if there is anything going back to the document custodian and if they have used morphine or Jack Daniels within several hours of the signing. Nothing beats a sober signer or a well-organized Notary Public.

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2. Introduce yourself at the door.
It is good to mention that you are Joe the signing agent and that it is your job to facilitate the signing. Mention that they can address all of your questions to you, but that you cannot answer specific questions about their loan, but only general questions about loan documents and Notary procedure.

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3. Small talk is good.
People like a friendly Notary who can talk about small talk. But, avoid any topics that could be controversial such as gender issues, sex, guns, and how born-again Christians should have a second birth certificate for when they were born the second time.

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4. Don’t discuss guns and religion.
Unless you are notarizing the Obamas, don’t bring up Joe the plumber, or religion. But, if you are notarizing the head of the NRA then you might reconsider guns. If you ask him to shoot you an email, don’t be surprised if he asks what you want him to shoot it with! Yee-haw!!!

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5. Don’t park in the driveway.
The driveway is for the residents to park in, not you. You are their humble servant who parks on the street (sorry).

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6. Call if you’re going to be late.
If you are going to be late, call and let them know ahead of time rather than keeping people hanging.

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7. Don’t rush the borrowers.
On the other hand, if you have another appointment to go to, let them know when you have to depart. If you are under a time crunch, you can discuss their right to rescind if applicable and remind them that they have borrower copies.

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8. No drinks on the table
Drinks can spill, so unless you want your Deed of Trust drenched, keep the drinks on a chair or a separate table — no exceptions.

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9. Know when to call the Lender.
If the borrower asks questions, you need to know in advance which questions you can answer and which questions to refer to the Lender. You should have the phone numbers for Title, the lender, and any other relevant party. You can answer questions about what information is where in the documents as well as Notary questions. You should not answer questions specific to their loan.

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10. Middle initials
If the signer doesn’t want to sign with their middle initial, politely tell them that they need to sign the way their name reads on title otherwise their loan might not fund.

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11. How long to wait for return calls
If you try to reach one of the contact people for the loan such as Title, Loan Officer, Lender, etc., and they do not answer, try to give them a reasonable amount of time to respond. Twenty minutes to an hour seems reasonable.

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12. Dress for success.
People get very put off if you do not dress like a business professional. Business casual or business formal is fine. Avoid jeans and definitely don’t wear flip flops, shorts, bathing suits, heavy makeup, short skirts, or night club apparel. Signers get in trouble all the time for not dressing for success.

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13. Don’t bring your kids.
Believe it or not, some Notaries will bring their family to the signing. This is very intrusive and rude. Either keep your family at home, or in the car, but don’t bring them to the signing.

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14. Don’t complain.
Don’t tell the customers how bad certain signing companies are or who didn’t pay you. Keep your personal business personal. It makes a terrible impression if you talk about this stuff.

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15. Don’t give opinions about the loan.
The worst thing a Notary can do is to give an opinion, especially a negative opinion about a loan. You can get fired, blacklisted or even sued because of this. Some borrowers might cancel their loan because you told them they were getting ripped off.

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16. Following instructions
If you were asked to sign in blue, then sign in blue. If you were asked to start at page four, just do it, don’t explain or make excuses, just follow instructions. If you are asked to fax back page 1 to 28, don’t complain, just do it.

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17. If you make a mistake
If you make a mistake as a Notary, you might have to go back out there and fix the mistake. So, don’t keep people waiting. Go back out there and clean up after yourself.

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18. The grace period
As a Notary, you might be asked to answer emails after a job is done. There might be a problem, error, or just an inquiry. If you don’t answer your email or phone because you are on vacation or just don’t feel like it, that can cause a big problem.

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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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September 4, 2018

Find a Notary who can notarize an inmate at Men’s Central, Twin Towers, Century Regional. Pitches Detention Center

Do you need a Notary who can do prison notarizations? 123notary has many Notaries who offer mobile service to jails, prisons, correctional facilities, penitentiaries, and detention centers. Here are some issues involved:

1. Someone needs to meet the Notary at the jail. That person can be an Attorney, family member, friend, or paid assistant.

2. The inmate must have identification that is satisfactory to the state where the notarization takes place. It is ideal if the person meeting the Notary has a current ID for the inmate such as a valid and current driver license, ID card, passport, etc. However, if the inmate has a wristband or jail ID card that is acceptable to the state where the notarization is taking place.

3. A California Notary may accept an inmate identification card issues by the state Department of Correction and Rehabilitation.

4. Florida allows Notaries to accept inmate ID cards issued by the U.S. Department of Justice or Bureau of Federal Prisons.

5. Credible witnesses are allowed in most states. A credible witness is a person who can vouch for the identity of a signer who does not have ID. Typically the credible witness must swear under Oath as to the identity of the signer (exact procedure depends on state laws) and must be identified by the notary and sign the journal in the additional information section. Some states allow one credible witness who knows both the Notary and inmate while others allow two who both know the signer, but don’t necessarily know the Notary. Other states allow one or two, while some states do not allow identification via credible identifying witnesses.

6. In states that require a journal, you must find a way to get the journal to the other side of the glass. Normally a warden will be happy to assist you with this task, however wardens might keep you waiting for five or ten minutes in my experience.

7. Lock downs happen in jails. If a lock down happens, you might be asked to leave, or might be taken virtually hostage until the lock down is over.

8. The Notary must have full vision of the signer and the signer must appear before the Notary. It is okay if the signer is on the other side of a glass provided that direct communication is possible. In my opinion, the signers should be within about five feet of the Notary otherwise you cannot fulfill the “personal appearance” requirement of most Notary acts.

9. Power of Attorney documents are common documents to be notarize in a correctional facility. That document normally requires an Acknowledgment which is a common Notary act which just requires the signer to sign the document, and then sign a Notary journal (most states but not all states). The Notary would need to check whatever ID the inmate has available and enter that information into the journal.

10. You can find a Notary on 123notary.com to do your jail signing. It is best to bring cash, and pay the travel fee up front. Then pay waiting time and whatever fee there is per signature after the work is done. Each Notary has their own fee and method of collecting their fee. Paying in two stages makes it easier for the Notary as some people try to get out of paying the Notary at all if there is any type of problem getting the inmate to come to the visiting room or sign, or be identified.

You might also like:

See our Jail Notary string
http://blog.123notary.com/?tag=jail-notary

A guide to notarizing for prison inmates
https://www.nationalnotary.org/notary-bulletin/blog/2016/07/guide-notarizing-for-prison-inmates

Jail notarizations forum string
http://www.notaryrotary.com/archive/forum/2009/March/Jail_Notarizations.html

Jail signing information
https://www.linkedin.com/pulse/notary-jail-signing-information-susana-landa

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An inmate needs to be notarized
An inmate needs a notary
An inmate needs a notarized document
An inmate needs a notarized power of attorney
An incarcerated person needs to be notarized
An incarcerated person needs a notary
An incarcerated person needs a power of attorney notarized
Find a Notary who can notarize an inmate
Find a Notary who can travel to a jail.
Find a Notary who can notarize at a jail.
Find a Notary who can travel to a prison.
Find a Notary who can notarize at a prison.
Find a Notary who can notarize at a detention center.
Find a Notary who can travel to a detention center.
Find a Notary who can travel to a penitentiary
Find a Notary who can notarize at a penitentiary
Find a Notary who can travel to a correctional facility
Find a Notary who can notarize at a correctional facility

Find a Notary who can travel to a Los Angeles County prison facility
Find a Notary who can notarize at a Los Angeles County prison facility
Find a notary who can travel to Twin Towers Los Angeles
Find a Notary who can travel to Men’s Central Los Angeles
Find a Notary who can travel to Century Regional Los Angeles
Find a Notary who can travel to Pitches Detention Center, Valencia, CA
Find a Notary who can travel to North County Correctional Facility
Prison power of attorney notary
Prison power of attorney notarized
Detention center power of attorney notary
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Correctional Facility power of attorney notary
Correctional Facility power of attorney notarized
Penitentiary power of attorney notary
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Jail Notary
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Prison Notary
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Detention Center Notary
Detention Center Notarization
Correctional Facility Notary
Correctional Facility Notarization
Penitentiary notary
Penitentiary notarization

How can I obtain a valid government issued ID from prison?
Is a state prison ID government issued?
Notary goes to prison
Can a notary go to jail?
Do jails provide a notary?
Can you go to jail for notarizing a family member in Florida?

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August 3, 2018

Notary Public 101 — Scenarios: Hospital signing issues

Filed under: Technical & Legal — Tags: — admin @ 6:48 am

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 for people to not remember what they signed and for people to try to take advantage, so be cautious.

As a Notary you need to be able to gauge the situation over the phone before you commit to coming, and once again gauge the situation once you are in front of the signers. The person who calls you to come to the hospital is almost never the signer, but usually a family member, Attorney, or scam artist.

Confirming the appointment.
Have your contact person read the name as it appears on the ID, and the expiration date (the expiration date of the card, or the patient, whichever comes first). Then, have the contact person read how the name appears on the document. Not only are you checking if names match, but if they even have an ID, know where it is, and have their document all ready. Confirm that they will not be medicated before you come and make sure the nurses know that the notary job is off if they medicate at all.

Once at the appointment.
Get travel fees at the door. Otherwise you will have a beneficial interest (in my opinion) in having the document signed. When you meet the signer, you can ask them questions about the document being signed. Don’t ask yes/no questions. Ask questions that make them explain the document to you. You can also make small talk about how you love what President Clinton did yesterday. If they are on the ball, they will know that President Clinton is no longer in office. You need effective ways to screen out people on morphine and those who have lost their mind. You should also ask if they have been medicated in the last twelve hours.

Comments
It is not your job to decide who gets morphine and when. However, if a signer does get medicated, let the contact person know that you will walk off with their travel fee as you do not dare notarize a medicated person who is not fully conscious, especially on a Power of Attorney.

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You might also like:

A tale of four notaries in hospitals
http://blog.123notary.com/?p=463

Putting jails & hospitals in your profile’s notes section
http://blog.123notary.com/?p=19266

Power of Attorney in a nursing home
http://blog.123notary.com/?p=2305

Do you like your job? A story of being kept waiting forever at a hospital.
http://blog.123notary.com/?p=617

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April 11, 2018

Letter to Donald Trump about the State of the Notary Industry.

Filed under: General Articles — admin @ 10:21 am

Dear President Donald Trump,
You have initiated this wonderful idea of draining swamps. I will inform you that the state of the Notary industry in forty-nine of the fifty states in the nation is a big swamp, except in Florida where it is more of a glade(s).

A well thought out political system should had a network of checks and balances. The minute an organization is not checked, it can run wild and get away with endless mischief or negligence. This is how I believe the Notary industry is at this point. The Notary divisions are generally not watching their Notaries, and the Feds are not watching the Notary divisions at all. The result is rampant ignorance, fraud and criminal activity on the part of Notaries generally done out of negligence. But, why should you or anyone else be especially concerned? In short:

Notary Agencies need to be regulated by the Feds to reduce the incidence of very damaging fraud, perjury, and general ignorance.

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1. Journals and Property Fraud
If someone impersonated a Notary, the impersonator could sell one of your $300,000,000 properties without your consent and get the Deed recorded. Since in NY State, a notary is not required to keep a journal, the fraudulent sale would not have any particular paper trail back to the notary’s journal who was impersonated. Such an instance would cause immeasurable grief to you and all involved which is why it behooves Federal Law to include statues about keeping journals that all states must abide by or be fined, etc. Journals are very good record keeping tools for notaries, because the name of the individual signing, the name of the document date, time, etc., can be notated. But, a thumbprint can also be taken which can help find someone who gave a fake ID to a Notary. Fake ID’s do not surface more than 1/5000 notary appointments in my experience. But, if a serious act of fraud is done using one, you need a paper trail that can help investigators find the perpetrators. The journal can help prove who did what and when and help prove if a document was falsely notarized.

2. Perjury and Felonies
It is considered by some to be a felony if the Notary claims in writing to have given an Oath to an affiant when in fact they did not. Many Notaries fail to administer Oaths when legally required on a daily basis which means they could be considered a serial felon. A felony is a serious offence, and felons are generally barred from becoming notaries in all states. The fact is that none of the states bother to quiz their notaries on whether or not they administer Oaths, and whether or not those Oaths are relevant, or worded appropriately (or logically.) In my experience, 70% of notaries do not administer Oaths and the other 30% very rarely administer correct Oaths.

3. Mandatory Journal Thumbprints for Deeds
For Deeds affecting real property and Power of Attorney documents, a journal thumbprint can safeguard the transaction from serious fraud. Journal thumbprints are discouraged in Texas and Florida because the governments do not trust Notaries to be custodians of such information. It is feared that the notaries will engage in the unlawful distribution of these biometric data for fraudulent purposes. My opinion is that Notaries should be trusted as much as police, Attorneys, military personal and Judges. If not, then the notary should not be commissioned as a notary to begin with. Few states require thumbprints, but in my opinion all states should

4. Mandatory training and quizzing
Few Notaries know what they are doing (I quiz them which is how I know). Therefor, a simple solution would be for all states to have a Notary class, written test and hands on test. Some states have a day long class. However, I believe that to attain mastery of the Notary profession, between two to four days of class are necessary and should go over theoretical knowledge as well as hands on training. Mastery of what to do when an unusual situation comes up is also critical as Notaries are often asked to do unlawful things and should become experts at saying no to illegal requests. Notaries should also be able to discern between an unusual request and an illegal request because many notaries illegally decline acceptable requests which is a moderate problem. Additionally, Notary divisions should audit notaries from time to time when the Notaries are not expecting it just to keep everyone honest.

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My request is that you require the Notary divisions to verify that:

1. All Notaries commissioned in their state keep a journal with thumbprints (will require changes to statutes).

2. All Notaries know how to administer Oaths and Affirmations

3. All Notaries know how to correctly fill out notarial forms completed

4. All Notaries know which types of typical requests are legal and which are not.

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Since there are so many thousands of notaries in each state, this might be time consuming, but it is very necessary. Additionally, it would be beneficial to the industry to have:

1. A minimum fee of $25 per Notary appointment to ensure more applicants feel an incentive to apply for a Notary commission.

2. Fewer Notaries per state so that the states can pick those applicants with higher test scores to keep the average quality high

3. Official minimum fees of at least $25 for travel and $20 waiting time (if at a hospital or situation that merits more than ten minutes waiting time) that must be paid up front at the door to ensure that Notaries will not have their arm twisted to do illegal acts under the duress of not getting paid their travel fee (a very real issue which happens a lot.)

Thank you for your consideration.
Sincerely,
Jeremy Belmont
123notary manager

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You might also like:

Letter to Trump about the sad condition of American Notaries
http://blog.123notary.com/?p=19403

If Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

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August 24, 2017

Letter to Donald Trump about the sad condition of American Notaries

Filed under: General Articles — admin @ 12:56 am

Dear Donald Trump,
I run a nationwide Notary Public directory called 123notary.com and have some sad commentary about the general state of affiairs in the Notary industry. The most pressing is the dismal quality of the knowledge of general Notaries about their rights and responsibilities as well as the poor level of screening that the state notary divisions engage in.

Since you have entered office, my personality has changed. According to feng-shui principles the members of an organization tend to take after the leader of the organization in some subtle or not so subtle ways. Since April, I have been preverbially draining the swamp of “fake notaries.” Some people with absolutely no Notary knowledge whatsoever are commissioned by states run by idiots who will commission anyone — sad! What the states don’t realize is that bad Notaries are a danger to society by empowering and facilitating identity thieves. An improper notarization or improper bookkeeping at a notarization done by a shoddy Notary can make it easy for an identity thief to drain a person’s equity from their property, steal their property, or defraud people in other ways.

In a nutshell, the real problem is that the states do not screen their applicants, do not educate applicants in all aspects of Notary education and do not have sensible testing either. California’s screening is far better than any other state, but still falls short of the mark as our local California Notaries do not always know how to explain notary acts, keep proper records, or which acts are legal versus illegal to do.

My solution is to suggest some Federal guidelines with Federal enforcement. Since the states don’t enforce proper notary procedure with the exception of California who audits journals (but, not anything else), it is necessary for the Feds to step in and add another thin, but intelligent layer of regulation to the industry. Here are my ideas.

1. Standardized Notary Education and Enforcement.
Many states have differing Notary Acts, and that is not a bad thing. However, if there would be a core of universal Notary Acts used in all states, territories, and military bases, that would make education and enforcement easier on a national level. The most critical elements to teach would include:

(a) Proper identification of signers
(b) Proper journal record keeping
(c) Oath giving (Notaries are required to do this but more often then not don’t know how or don’t bother)
(d) General understanding of Notary law, acts and procedures.

2. Reduction in the quantity of Notaries, with an increase in quality.
Judging the quality of Notaries might be hard for you to do, but I do it daily and have the art refined in certain ways. I will vouch for what I condsider the characteristics of a good Notary verses a bad one.

(a) An IQ of 100-120.
Being a Notary requires a certain amount of intelligence as a rudimentary knowledge of law, and applying the laws relating to Notary Public are required to perform the duties of Notary Public and faithfully discharge your duties lawfully while accepting lawful requests and declining illegal requests. Most Notaries do not correctly distinguish between what they are allowed to do and what is illegal and prefer to rely on what they feel comfortable with which is neither here nor there. Those unlawful Notaries need to be weeded out. Notaries that are too smart tend to leave the industry early and are not a detriment, but will not be likely to stick around.

(b) Attorney Notaries are not generally good Notaries.
Many states like the idea of having Attorneys do certain Notary functions such as loan signings. In my experience, Attorneys are over-priced, the least likely to be available, and also are the bottom of the bottom of the barrel in the legal world and are so incompetent that their average stupidity exceeds that of our average non-Attorney Notaries. I am not against Attorney Notaries providing they can pass a tough Notary test to prove their basic knowledge. Attorneys should also be declined any special privileges in the Notary world. In New York, I heard an Attorney can become a notary without a test at all which I feel is a mistake.

(c) A clerical background is desireable.
If someone has a background doing clerical work in a capacity which requires being picky and attentive to detail, that would be a good background for being a Notary Public. Notaries fill out certificates and journals and being nit-picky and anal precedes you as a good Notary. On the other hand a clerical background filled with clerical errors that have gone unnoticed for years would be a disaster.

(d) Being meticulous and having integrity.
Those who dot their i’s and cross their t’s are the types I would like to see as Notaries. Those who are ethical and care about safeguarding society are also idea. Having a generally good attitude matters too.

(e) Willingness to study and learn.
My biggest complaint about Notaires Public is that so few of them read their state’s Notary Handbook. If you aren’t willing to read your state’s laws and Notary rules, how on earth can you possibly enforce them?

3. Regular auditing of Notaries
Notaries need to know someone is watching them as few uphold the law. If Notaries are audited by a mystery person who appears to be a client, that client can ask them to do something seemingly illegal to trick them into incriminating themselves. This is the only reliable way to catch large quantities of bad Notaries. Having Notaries come to the county clerk for a pop quiz once a year is another highly recommended idea. The quiz should be hands on Notary work in addition to multiple choice questions. To audit all Notaries twice a year requires there to be less Notaries to audit.

4. Higher pay for Notaries
To attract good Notaries, there needs to be a good minimum wage for Notaries. I suggest $40 per appointment minimum on the East and West coasts and $30 in the interior states. Additionally, many Notaries travel and states should have minimum travel fees of $40 for appointments that are 30-60 minutes away plus waiting time. Travel fees should be paid in cash at the door or by paypal to eliminate what I call “Beneficial Interest” which is a term that depicts a person who is named in a document who stands to benefit from the document being signed in financial ways or by gaining privileges. By being a Notary whose travel fee is contingent on a document being signed, the Notary will be swayed to accept non-matching identification or comply with illegal requests so they will get their measely travel fee so they can pay their rent. Notaries who are poor are likely to bend the rules to ensure they get paid. Having travel fees paid up front as a matter of law will safeguard the public from Notaries having any semblence of beneficial or financial interest in a document or set of documents being signed.

5. Universal Notary Acts
Most states have Acknowledgments, Jurats, Oaths, Affirmations, and perhaps a few other acts such as Copy Certificaiton Safety Box Opening, Attestations, Witnessing, etc. The problem is that the rules for these acts are not always consistent across state lines which causes a lot of confusion especially to those of us who run nationwide Notary directories. I suggest these as universal acts.

WITNESSING
Some Notary acts require rigid identification rules. It would be nice for those who don’t have identification or don’t have identification with the correct name variation on it to be able to get notarized on informal documents in any case. Having a witness notarization with optional identification would be convenient without being a risk for identity fraud since the documents being witnesses would not concern large sums of money by definition.

A signer could:

(a) sign in the presence of the Notary in a witness notarization.
(b) Identification could be a choice of a thumbprint, an ID with a non-matching name, or an ID with a matching name.
(c) The description of the ID should ideally be documented on the Notary certificate for this act as well as the Official Journal of Notarial acts.

Some states already have an official notarial witnessing act. But, having universal and flexible standards would be wonderful.

ACKNOWLEDGMENTS
Formal documents such as Deeds, Powers of Attorney and contracts normally use an Acknowledgment. Acknowledgments in most states require:

(a) The signer to be identified by the Notary using state approved types of ID cards such as passports, drivers licenses, etc.
(b) The signer has to acknowledge having signed the document in the physical presence of the Notary in a non-verbal way by presenting the document to the Notary with the request for it to be notarized.
(c) California requires the signer to be named in the document
(d) There is an Acknowledgment certificate which must be embedded in the document in question or added as a loose piece of paper and then stapled to the subject document.

The first issue with Acknowledgements on a national level is that there are six states which specifically require an Acknowledged signature to be signed in the presence of the Notary Public while the act intrinsically does not require this. The second issue is that Notaries in states that do NOT require the Acknowledged signature to be signed in the presence of the Notary typically require the document to be signed in their presence because they feel uncomfortable with the alternative. Notaries let their petty comfort related concerns supercede the law which is a problem that needs to be dealt with and enforced. This constitutes the denial of a legal request which by definition is not legal as Notaries Public must provide the public with Notary work for all legal requests unless (in particular states) there is some legitimate reason why the Notary feels that it would not be safe to notarize the person. Standardizing the rules of Acknowledgments makes a lot of senses as that single act constitutes 80% of Notary work nationwide. For those signatures that must be signed in the presence of a Notary, there are other acts such as Jurats and Witness notarizations that require that.

JURATS
Jurats are notarial acts where the signers must sign in the presence of the Notary Public and swear under Oath to the document in some way shape or form. Whether they swear to the truthfulness of the document, or whether or not they signed the document using their own free will, or whether they agree to the terms of the document could all reasonably be sworn to. Most Notaries omit the Oath or give an Oath which makes no sense under the circumstances which is unacceptable.

OATHS & AFFIRMATIONS
Most if not all states have these acts. However, some states (such as Florida) require a certificate for an Oath. If a certificate is to be required, it should indicate the nature of the Oath. Florida’s documentation of Oaths does not require any indication of what the Oath was about. There is no point in keeping paperwork if the paperwork has no pertinent information on it. As a former Notary, I will vouch for the importance of issuing certificates as it is a record for the customer to keep of what happend. The more critical information the merrier (without going overboard.) Notaries need to be taught how to administer good and relevant Oaths and Affirmations as 90% do not know the difference. Oaths use the word swear and normally mention God while Affirmations use the word Affirm or state and leave God out of it which is something that ultra-religious and athiests both agree upon.

6. Thumbprinting
Journal thumbprints are a matter of contention. California is the only state to require it for Deeds affecting real property and Powers of Attorney. Several of the Notaries listed with us were able to provide critical pieces of information to the FBI which helped nail identity thieves, ponzi schemers and other fraudulent menaces to society. Many companies and individuals object to being thumbprinted which creates pressure for the Notary to not thumbprint unless required to by law. Therefor, the only way to safeguard the equity in your real property from being syphened by identity thieves is to require journal thumbprints nationwide.

Since journals are NOT required in all states, it would be necessary to require journals in order to require journal thumbprinting. I recommend a thumbprint requirement for all notarizations of Deeds, Living Trusts, Powers of Attorney, Subordination Agreements, or notarizations where the identification did not completely match the signature on the document.

7. Proper Journal Entries
Most Notaries who I deal with keep a journal, but do not keep it correctly according to what I consider best practices to be. It is common for Notaries to enter multiple documents on a single journal entry which is signed once by the customer / signer. This is a bad practice because it would be possible for the Notary or someone else to add extra document names to the journal entry AFTER the signing was over which would constitute fraud. It would also be possible for someone to accuse the Notary of fraud when he/she did not engage in fraud with such shoddy bookkeeping practices. Therefor, it should be necessary by law to have one journal entry per signer per documents which would be six entries if you had two signers each signing three notarized documents at a particular appointment. The primary purpose of a journal is not to please the state where the notary is commissioned. The primary purpose is to please judges and investigators who use the journal as perhaps the primary or only piece of evidence in an identity fraud court case or investigation. The journal is the only evidence a Notary Public has of what Notary work they have done, so it behooves society to ensure that journals are filled out prudently, completely and correctly.

.

You might also like:

Letter to Donald Trump about the State of the Notary industry
http://blog.123notary.com/?p=19908

Is Trump to blame for a Notary slowdown?
http://blog.123notary.com/?p=19138

If Trump hired you as a Notary, would you get fired?
http://blog.123notary.com/?p=19120

Letter to California Notary Division
http://blog.123notary.com/?p=19939

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March 7, 2017

When you really don’t wanna take the job

When You Really Don’t Wanna – Jackpot !!
Most of the time, like you, I look forward to the phone ringing with an assignment. But, not all the time. Today I had some reserved theatre tickets and really wanted to see the show. I had intended to shut off the cell phone, but reconsidered as I was hoping to hear from someone regarding personal matters. The tickets were for early afternoon, and the show was relatively close by.

Ring, Ring. We have an emergency, the assigned notary did not show, and our client is furious, can you be at their location within the hour? The CD is with the client. Please help us. OK, I say, I understand. But, I have theatre tickets for today and did not plan to work today. If I accept your assignment I will miss the show. This is a very high priority client – forget about the show – we need you!
They offer an amount at the high end of the normal edoc range. I tell them their offer is fair but I would have to add an additional xxx$ for the lost use of my tickets. If you have not been to a NYC Broadway show – tickets are much more than an edoc fee. Any edoc fee. Somewhat stunned, I get the “we will have to get back to you”.

About ten minutes later another call for a structured settlement. Again the “urgent” routine – and, much to my surprise – another story of a notary “no show”. The conversation goes exactly the same way as the edoc discussion. Fortunately, they want a time slot toward the end of the show. The same fee discussion takes place – again with a gasp about the high cost of NYC Broadway shows. But, this one was different – they wanted to close the deal immediately. I told them the fee was in advance and once paid I would only then be committed to their assignment. Within five minutes the fee was in my account, bye bye Broadway. They email me the slim package immediately and I confirm that the documents were printed. Previously, as with the edoc job, the ID requirements were discussed and guaranteed.

Ring, Ring. It’s the edoc job calling back to accept the way greater than normal fee. Hmmm, both jobs are now paying for my “not to be used tickets”. And again, as per my requirement; the fee is in my PayPal account. It’s good that the edoc and the structured settlement times did not conflict; and there would be adequate time to go from the edoc to the other.

This is getting really weird. Will there be a third “emergency – notary no show” in the same day – with the caller having Very Deep Pockets? Nope, that did not happen. But, two did, much to my astonishment. The tickets I had in hand went to some very nice neighbors, who were delighted to change their plans for the same day. They would see the show for free, and so would I; as I was being paid twice for the same tickets!

So, what’s the “take away” from my rantings? Well, my message is that if you “can” do the job – but, for some reason – “don’t wanna” – let the caller know your situation. Tell them honestly and frankly that logistically you are able – but have a specific reason to not want the assignment. Of course some reasons cannot be bought for any amount of money. Family commitments, medical plans, and similar obligations are not for sale. But, the tickets were going to be available again; it was not a “now or never”.

Sure – I got lucky. Rare is the windfall that creates a high dollar “double dip” fee expansion. But the concept of being “flexible” is my theme message. I know, our clients use that word to, in lieu of more pay, compliment us for waiting 5 hours for the docs to be ready. Stranger still is their inability to, in New York City of all places; not to find a base fee notary. Perhaps because it was a “go away” Friday of a holiday weekend?

Whatever their reasons, nothing would have happened if I brushed them off with a “Sorry, I’m booked”. That was not the case. I had something that I “wanted” to do; but did not “have to do”. Letting the caller know, frankly and honestly your situation (within reasonable limits) – allows them the option to bail out or to “work with you”. It was obvious to the callers that a routine fee would not work. Though very extreme, both were willing to cause me to change my plans, without incurring a severe financial hardship. A week later I will see the show, have earned two fees; and have enough left over to purchase a pair of tickets for a different show!

.

You might also like:

When to refuse a Notarization – a comprehensive guide
http://blog.123notary.com/?p=18974

Are you a Yes-tary or a No-tary?
http://blog.123notary.com/?p=16626

$300 in 13 minutes. How Carmen cleans up in the Notary business
http://blog.123notary.com/?p=19284

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December 4, 2016

Power of Attorney – Notary Processing Mistakes

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

.

You might also like:

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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