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May 13, 2021

Video from Mark Wills – how to do a loan signing

Filed under: Business Tips — admin @ 12:22 pm

Mark from Loan Signing Systems (LSS) does a thorough job on this one. Clear and detailed. He goes over all of the nitpicky fees and specifications too.

https://www.youtube.com/watch?v=g1kwzjeD_T0

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July 28, 2023

High Demand for Notaries: Fact or Fiction?

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

Are notaries in high demand? It is a question that both new and experienced practitioners of the notary business must face. While many view notaries as essential components of businesses, legal processes, and other services, there are still questions about whether or not being a notary is profitable or beneficial to those who sign up for the job. In this post, we will look at cold hard facts from reliable sources to see if being a notary is in high demand or just media hype.

The Evolution of Notary Services

Before exploring the present scenario, it’s essential to understand the historical significance of notaries. Throughout history, notaries have played a vital role in ensuring the authenticity and legality of various documents, from wills and contracts to affidavits and deeds. Traditionally, notaries would physically witness the signing of documents, putting their official seal and signature to attest to the event’s legitimacy. With the rise of digital transformation, some may have speculated that traditional notaries would become obsolete. Still, this assumption overlooks the resilience and adaptability of the profession.

Current Demand for Notaries

Contrary to the notion that notaries are fading into obscurity, the demand for their services remains robust in various industries and sectors. Are notaries in high demand? As transactions have increasingly globalized, the need for authenticated documents across borders has surged, putting notaries in high demand. Moreover, certain industries, such as real estate, finance, and legal services, heavily rely on notaries to certify the validity of agreements and contracts.

Real Estate Sector

The real estate industry relies heavily on notaries to authenticate property deeds, mortgage agreements, and other critical documents. Whether it’s a residential property purchase or a commercial real estate deal, notaries are essential in ensuring the smooth transfer of ownership and protecting the interests of all parties involved.

Financial Services

Banking and financial institutions often require notarized documents to facilitate various transactions, such as loan agreements, refinancing, and estate planning. The assurance provided by a notary’s signature and seal adds an extra layer of security to these crucial financial transactions.

Legal Profession

Within the legal sector, notaries are essential for witnessing affidavits, power of attorney documents, and statutory declarations. Courts and legal institutions require notarized documents as evidence in many cases, making the services of notaries a constant necessity in legal proceedings.

Adapting to the Digital Age

Recognizing the potential of technology to streamline processes and enhance accessibility, notaries have adapted to the digital age. Remote online notarization (RON) has emerged as a game-changer, enabling notaries to officiate documents virtually. Notaries can witness and authenticate signatures remotely through secure online platforms, making it convenient for clients and expanding their reach beyond geographical boundaries.

This technology integration has not only sustained the relevance of notaries but has also opened up new opportunities. RON has significantly increased efficiency in the notary process, reducing the need for physical appointments and paperwork, thus saving time and resources for both notaries and clients.

The Global Perspective

The demand for notaries is wider than in any specific region. As international trade and cross-border transactions flourish, the requirement for notarized documents has escalated globally. For instance, businesses engaging in foreign partnerships often need notarized documents to ensure the validity of agreements in different jurisdictions. Additionally, individuals immigrating to other countries or seeking dual citizenship must provide notarized documentation for legal and identity verification purposes.

Notaries In High Demand—Act Now For Success!

In conclusion, notaries are in high demand. More and more people and businesses require their services to approve various documents. Becoming a notary is a great way to earn extra income while helping to ensure that essential agreements and contracts are properly validated. Furthermore, recognizing the increasing reliance on technology can open up even more excellent opportunities for smart notaries to obtain greater success by developing the necessary technical skills and expanding into new business areas. Notaries represent an invaluable role in our society, and with the right resources, they can leverage their services for maximum success in today’s ever-evolving digital world. So if you’re looking for a reliable career option that offers diverse growth opportunities, becoming a notary could be just right for you.are notaries in high demand

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February 23, 2023

Businesses That Need Notaries

Filed under: (6) Marketing,Advertising — Tags: , — Tom Wilkins @ 5:38 pm

Are you wondering which types of organizations to target when spreading the word about your notary business? After all, there are plenty of businesses that need notaries on a regular basis, but others that might be less interested.

Essentially, any company that deals with legal transactions or documents of any kind will need notary services every now and then. Here are a few types of businesses most likely to require your services.

Real Estate Agencies

There are a great many legal documents involved in real estate transactions. This is true, especially if the buyer is taking out a mortgage. That’s good news for you as a notary—in most states, your services will be required by law.

In a real estate transaction, you’ll serve as an impartial witness. It will also be your responsibility to check and affirm the signatures of all the parties involved. The duties may vary from state to state, so ensure you know what’s expected of you in these cases.

Law Firms

It goes without saying that many legal documents require notarization. Paperwork granting power of attorney, trust documents, and wills are a few examples.

Many lawyers try to hire paralegals who are already commissioned notaries. That way, the employee can add notarization duties to their list of regular tasks. But if no one in-house can do it, the attorneys must commission notary services.

Banks, Mortgage Lenders, and Other Financial Institutions

As we pointed out, loan and mortgage documents require signature verification. The same goes for other financial agreements as well. That means financial institutions will need notary services on a regular basis.

It was common for banks to employ on-staff notaries to provide free services to their customers (sometimes even walk-ins). However, with the rise of online banking, this practice is rare. This works out well if there are a lot of banks in your area constantly seeking outside help when notarizing documents.

Healthcare Providers

You might not think of medical offices as businesses that need notaries. But the truth is, any business that deals with legal documents needs to have a notary on call.

In addition to power of attorney documents, certain medical consent forms must also be certified. Otherwise, it would be difficult to prove whether or not the patient consented to the transfer of power—or the medical procedure itself.

Government Agencies

Here’s a partial list of government documents that might require notarization:

  1. Immigration forms
  2. Oaths
  3. Affadavits

It’s always important to avoid the pitfalls of a forged signature notarized document, but you must be careful when dealing with government documents. Always ensure the person signing the document has the proper identification, and check all the dates and sections of the forms carefully before notarizing.

Employment Agencies

Some employers require drug tests and background checks before they make an official job offer. In these cases, the employment agency might enlist a notary to verify those documents to cover all their legal bases.

Small Businesses

Just because a company is small doesn’t mean it’s entirely self-sufficient. Many businesses that need notaries are very small, like mom-and-pops. Even the smallest businesses have contracts and other agreements that require notarizations occasionally. So get out there and spread the word about your notary business today!

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January 18, 2021

Detailed analysis of Opportunities in inspections (video)

Filed under: Marketing Articles — admin @ 1:17 pm

Here is a great video for Notaries from the NNA

https://www.youtube.com/watch?v=CChtuxuHefs“>https://www.youtube.com/watch?v=CChtuxuHefs

Another video — Mark Wills of LSS interviews a very successful newbie making $12000 in a month? Is that even humanly possible? Apparently so!
https://www.youtube.com/watch?v=4j6yt62a2lE

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December 27, 2020

New Year’s Resolutions for Notaries for 2021

Filed under: Business Tips — admin @ 4:06 am

Every year I come back to this topic. Sometimes I address it in a humorous way, and other times in a serious way. Notaries often procrastinate some of their responsibilities. Your business will do better if you are a little more proactive in certain ways. Here are my tips for 2021.

Supplies
Stock up on supplies like paper, toner, ink, get that new GPS system if it will help you, pens, stamps, Fedex envelopes, and whatever else you need.

Snacks
Notaries have to eat on the road and that is not always healthy unless you live near a Whole Foods or a Jamba Juice. But, you can have packages of nuts and dried fruits in the car, and then bring fresh fruit on a daily basis. Dried fruits have a lot of nutrition. Apricots, dates, plums, dried mangos, raisins, and other dried fruits are packed with many micronutrients, minerals, vitamins, iron, and more!

Education
The newer Notaries seem to take education a lot more seriously. I noticed a change in collective attitude about six months ago. It seems that Mark Wills at LSS is a force of motivation and enthusiasm to be reckoned with. His students seem to be popular on our site too. His course seems to be oriented towards practical issues like dealing with some of the types of signings that became popular in the last few years (that were not popular during my day sonny.)

123notary has a paid certification course with a hard test. Our testing standards are the hardest in the industry and those who use our site are aware of that. We also have a very interesting FREE course on the blog which people love called Notary Public 101 and we test people who completed that test and sometimes certify them. Most people don’t study enough, but you can make that your New Year’s resolution and it will benefit you for the rest of your career.

Notes
Your Notary profile has a notes section. I just reviewed several hundred of our most prominent notes sections on the site. I am sorry to say that few did a bang up job writing about themselves. I think that putting in a lot of effort to try and figure out what to say about yourself will really pay off. Those who use our site want to read what you have to say about yourself, so if you say very little, they are less likely to call you first. It might take a few hours to read our section on the blog called, “Your notes section” while taking notes. It might take a few more hours to write a great notes section. But, that is what successful notaries so, so if you want to be successful, invest some time in it, especially during the holidays.

Reviews
It is the same suggestion every year. Our notaries seem to have less reviews than a few years ago. The very experienced Notaries got old or died off. Most of our Notaries are new which is refreshing, but they need to have reviews too. Anyone who compliments you on your work – ask them for a review and send them a link to your review page. The link is above your name on your profile.

Company Names
It pays off to have a good company name and register it with your county. We have written many articles on the topic. Please read those articles. It takes hours of brainstorming and conversations with others to pick a great name for your company. It is worth the effort in the long run.

Review your state notary laws
Some people look to Notary agencies for advice, but to know your local laws, please refer to your notary division’s website. Most states have a notary division under their Secretary of State, but some have it under another state office. Review those laws, because you might have a quandry one day if you are not rock solid on Notary laws and procedures.

Summary
I think I better think up my resolutions for this year. I want to be better at time management, lose lots of weight and learn Chinese better. Never mind becoming a millionaire — I’ll save that for 2022.

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October 29, 2020

What documents can I notarize?

Filed under: Other Guest Bloggers — admin @ 8:52 am

What documents should I NOT notarize? (better idea for a title)

This is written about frequently but it does require repetition given the penalties associated with it and the # of requests received for unauthorized notarizations.

WILLS – Unless prepared or directed by an attorney, wills are generally witnessed by two disinterested independent third parties.

VITAL DOCUMENTS – Birth and Death Certificates and Marriage Certificates. The Secretary of State has specific laws preventing public Notaries from notarizing vital documents primarily because the Notary cannot verify the validity or authenticity of such a document. In cases such as this, the Notary needs to refer the client over to the agency who issued the document which in many cases is the County Recorder.

INCOMPLETE DOCUMENTS – A notary should not complete any documents that are fully completed at the time of notarization.

DOCUMENTS WHERE NOTARY IS AWARE THERE IS FALSE INFORMATION IN THE DOCUMENT – If you overhear conversation between people talking about the false information contained in the document they are signing, don’t notarize it. If you suspect that the person signing appears to be overly nervous or if it looks like someone else with a beneficial interest is forcing the person to sign the document, don’t notarize it. Always remember that the signer must sign the document willingly and present proper identification and must be able to communicate with the notary.

PERSON SIGNING CANNOT UNDERSTAND THE LANGUAGE IN WHICH THE NOTARY IS SPEAKING. You cannot use an interpreter because you don’t know what is being translated and if the translator has an interest in the transaction. Do not confuse this with notarizing a document in a Foreign Language. You can always notarize a foreign language document and don’t need to speak that language as long as the person signing can communicate with you in English or another common language in which both the notary and the signer can communicate.

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April 13, 2020

Loan Signing Systems G/B/U?

Filed under: Popular on Facebook (A little),Signing Company Gossip — admin @ 9:14 am

Recently, I have seen that there are a lot more people getting certified by LSS or Loan Signing Systems run by Mark Wills. In the last few months, there seem to be many more graduates than ever before. In the old days, NNA used to be the only popular game for certification. Then the serious people came to 123notary from around 2005 to 2010. After that, Carol Ray at Notary2Pro became the most popular teacher / program for the serious students. Now, it seems that although National Notary Association sells the most courses, the more serious people seem to be following Mark.

So, what do they like about Mark? People say he is high energy, very helpful, and fast on the draw responding to questions. That is always good. At 123notary, we do not have a hotline as part of our program, but Carmen seems to do a lot of mentoring to our students. It seems to be that 1% of our customers monopolize Carmen’s time while the others don’t seek her help at all. Such a disbalance! 123notary is also there to help even though it isn’t formally part of any of our programs.

But, I wanted to see how an LSS certification affects your click average on 123notary. Would it help, hurt, or do nothing at all? I did a quick survey on several dozen listings of the same placement level and newness. Basically I found that based on my quick math, LSS graduates get about 3 or 4% more clicks from their 123notary than those in similar placements and experience without it. 123notary certification gets people more like 30% more clicks on our site at least. NNA certification neither helps nor hurts if you mention it in your notes.

So, we welcome LSS graduates to study from Notary Public 101 on our blog. It is free. Study hard and try to pass my over the phone test. I would like to see how you do.

Let me know your thoughts in the comments.

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January 28, 2019

Can a Notary Act as a Witness?

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

Credible Witnesses — the ins and outs
http://blog.123notary.com/?p=19634

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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October 16, 2018

A guide to notarizing documents with blanks or multiple signatures

Filed under: Technical & Legal — admin @ 1:04 am

Don’t notarize documents with blanks!!!
That’s the end to the guide!

Dealing with Blanks
However, the main thing to understand is that as a Notary, you have many responsibilities. You have to identify people, keep a journal, staple things together, give Oaths, fill out certificates. You are so busy, that you might not have time to scan a document for blanks. But, you need to scan every single page.

If you spot a blank, you can put a diagonal or horizontal line through it. The main thing is to make sure that no new information is added to the document after the notarization.

You can also refuse to notarize and make the signer or document custodian complete the document before submitting it to the Notary.

Notarizing Individual Pages (or not)
Additionally you cannot notarize particular pages of a document separate from the document. Sometimes a particular page needs to be fixed or changed in a document and you might get a request to notarize just that page. You simply notarize the entire document as a whole.

Multiple Signatures
However, sometimes you get a document such as a health directive which has multiple notarizations within a very long document. I have seen health directives or living wills with fifty or more pages. Sometimes at a notarization you are notarizing signatures in the middle of the document as well as at the end of the document when the certificate is at the end of the document. I have also seen cases where there are multiple signatures in the middle of a document and a certificate in the middle of the document. This is confusing. Affidavit of Support forms have Jurats in the middle of the form too, and not enough room for your stamp (dumb government workers.)

The 1003 is a great example of a document with an entire page intentionally left blank. But, that is a signed document, not a notarized document.

The main point of this quick article is to remind you that you have to scan documents for blanks.

You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Affirmations – pleasing the politically correct while offending all others
http://blog.123notary.com/?p=19606

Five things a Notary must do
http://blog.123notary.com/?p=19583

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June 22, 2018

How do you get a Power of Attorney Document?

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

.

You might also like:

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

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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