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April 4, 2018

Documents you need to understand for Elite Certification

Filed under: Certification & Communication Skills — admin @ 11:50 am

I published a study guide for our Elite Certification. There are a handful of documents you need to understand and be able to answer questions about. Here they are.

Recorded Documents
How many recorded documents can you name? I can think of a few…

Grant Deeds
Quit Claim Deeds
Warranty Deeds
Deed of Trust / Mortgage
Subordination Agreement
Riders to Deeds
Power of Attorney (not sure about this one)
Deed of Reconveyence
Tax Liens
Wills
Deed in Lieu
Assignments of a Deed of Trust
Declaration of Homestead
Rescission of Notice of Default.
Substitution of Trustee

Riders
How many riders can you name? I can think of these ones
Prepayment Rider
Family Rider
Condominium Rider
Rider to Mortgage
Rider to the Note
Adjustable Rate Riders
Co-op Rider

Subordination Agreement
The subordination agreement creates a pecking order for which lender gets paid first should there be a default.

Owner’s Affidavit
This document discusses many aspects of ownership and often addresses whether the owner will reside in the property as well as whether or not the owner has conducted particular maintenance tasks on the property.

Deed of Reconveyance
The main point we want you to know about this document is that it deals with Trustees, and the Lender is most commonly the one who signs this document as a Trustee, although in theory it could be any party.

Deed of Trust
You need to know the Deed of Trust intimately to pass the Elite Test. Please study this on your own.

CD & HUD-1
You need to be able to recite many particular points about these documents to pass the Elite Test. Please study on your own.

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You might also like:

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

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

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August 27, 2017

How many journal entries do you use for two signers on three documents?

Filed under: Journals — Tags: , — admin @ 11:51 pm

Many states don’t require a journal. However, your journal is your only evidence if you are investigated. As a Notary, for every 3000 Notary appointments (not acts) you do, you will probably be investigated once based on my personal experience. If fraud is involved on anybody’s part and you don’t have a journal entry, you will have no evidence and could be pulled into court for weeks which would result in your loss of income.

Additionally, we recommend the use of thumbprints in your journal for all critical notarizations, especially those involving Power of Attorney documents Living Wills, or Deeds affecting real estate. It only takes a few seconds to thumbprint someone. A thumbprint cannot be faked, but ID can, so you have no reason not to take thumbprints, and plenty of security related reasons to do so. NNA sells inkless thumbprinters for about $15.

If your state doesn’t require journals, use one anyway for your protection.

Back to the question. If there are TWO signers and THREE documents, you will need SIX journal entries. One per document per signer. What some Notaries do is they create one journal entry per signer and then indicate a list of all the notarized documents they signed. This is wrong and perhaps illegal. Not only is it bad to only create one journal entry per signer, but you might forget to add a document, or if there are cross outs after the fact it will look very sketchy.

However, you don’t need to write all of the info for each journal entry. The signer’s name, address, and ID information can be copied by putting a down arrow or “ditto” quotation marks. However, legally, the signer needs to sign for each document that is notarized and the name of the document, date, time, and type of notary act needs to be indicated for each document.

Additionally, there is an “additional notes” section of each journal entry near the right. If the building looks unusual you can take notes about the building. If the signer is acting weird or looks weird or has a tattoo on his neck or anything else unusual, you should write that in your journal to jog your memory if you ever have to go to court.

I did about 7000 Notary appointments and they all became a blurr to me. The only people I remember were Gary, the guy who blew up his apartment while experimenting with explosives (not a good idea) and a Korean lady who had me notarize the sales of her massage parlors (she paid cash). I also remember Dr. Kwak (pronounced Dr. Quack) who was an acupuncturist. I vaguely remember an impatient rich guy who lived in West Hollywood, did business deals in his pajamas, and played golf. And of course Mr. Yee the Attorney who had me do all of the Health Care Directives each with 80 pages of which I embossed every single page every single time to be prudent.

So, the moral of the story is that if you don’t know how to use your journal like a pro, the NNA has tutorials that you can purchase, and they are highly recommended as they could keep you out of court (or jail.) Or both!

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You might also like:

What entities might want to see your journal?
http://blog.123notary.com/?p=20902

NNA – what every notary needs to know about notary journals
https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

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December 22, 2016

How do I get a notarized Power of Attorney?

Filed under: Popular on Facebook (some),Popular Overall,Power of Attorney — Tags: , , — admin @ 12:25 am

How do I get a notarized Power of Attorney?

It is common to need a Notarized Power of Attorney. The issue is that many people don’t know where to go for help. You need to either find a Power of Attorney form, or have a customized one drafted by a law firm. But, be careful. If you have the wrong Power of Attorney form, it might not be acceptable to whomever the custodian of the document is, or to the courts. I am not an Attorney and can’t advise you, but I suggest you first talk to the agency you are submitting the Power of Attorney to and see what their requirements are. After that, talk to an Attorney.

Step 1. Check with the Document Custodian

Many banks want customers to use their own Power of Attorney for Banking document to be used. This Banking Power of Attorney is sometimes not on an 8.5 x 11 piece of paper. I have seen them printed on card stock in such a way where there is not enough room for a Notary seal. Banks often insist that the Notary seal is on the actual document and won’t accept Attorney written documents. So, talk to the entity you are submitting the Power of Attorney for before doing anything else.

Step 2. Draft your Power of Attorney

If necessary, get your Power of Attorney drafted by an Attorney or someone who your Attorney recommends.
If you use a standardized form from an office supply store, make sure you get it all filled out before calling the notary.
You will need to have an Attorney in Fact (Agent or Grantee,) a Grantor, and you need to specify what powers you are granting, and for how long, and under what conditions. It’s complicated and critical, which is why you need an Attorney at $200-$400 per hour!

Step 3. Find a Notary on 123notary.com!
Any notary can notarize a Power of Attorney. They can also notarize a Durable Power of Attorney, or notarize a Health Care Power of Attorney. Certain states even allow the Notary to make certified copies of a Power of Attorney. 123notary offers a wide selection of mobile notaries who can come to your home, office, hospital room, or jail cell and get your Power of Attorney notarized. Make sure you have current photo-ID issued by government agency.

Step 4. Submit your Notarized Power of Attorney
Once your POA is notarized, you might need to submit it to a particular party, or have it registered at some government office. Ask your Attorney what to do. Keep in mind that banks often have their own forms for Banking Power of Attorney which are often very simplified forms on card stock which would be significantly below the standards of an Attorney. But, if it is for their bank, they have the right to request any type of form they like. Just make sure your Attorney doesn’t object too terribly much. It’s complicated! Be prudent and consult the right people and Attorney before making your decision what to do.

Types of Powers of Attorney

Health care Power of Attorney documents which are often called health directives, medical power of attorney forms or living wills. These are normally very long documents written by an Attorney who specializes in these matters. These types of documents often specify what to do if the Grantor becomes mentally incapacitated, or have to be put on life support.

Limited Power of Attorney documents which grant authority to the grantee to perform certain actions on behalf of the Grantor.

Durable Power of Attorney documents which could stay valid even after the Grantor becomes mentally incompetent (ask an Attorney for details.)

General Power of Attorney — gives broad authorizations to the agent

Special Power of Attorney — gives specific and special powers and authorizations to the agent

Final Note
Don’t ask legal questions to Notaries or other non-Attorneys. First of all, Notaries are not trained to answer legal questions. Secondly, they are not allowed by law to answer legal questions. Get your legal questions out of the way with your Attorney before you make your initial call to the notary. Nothing is worse than keeping a notary on hold while you resolve issues that a responsible person would have resolved long before they called in a notary! Also, Notaries are not normally authorized to draft legal documents, so find someone who is legally authorized to draft legal documents which is normally someone who works as an Attorney or perhaps in the legal field.

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You might also like:

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

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

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

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June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

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April 5, 2015

Point (15) Technical Points; Marcy Attaches a Certificate

Filed under: (2) Technical and Legal — Tags: — admin @ 10:57 am

By now, Marcy had decided to really study her text book well. In this last signing, she narrowly avoided two disasters.

MARCY: Hi, I’m Marcy and I’ll be your signing agent this evening.

RUTH: Thanks for coming Marcy. I’m all ready.

MARCY: The Lender asked me to make sure we include a cashier’s check for $2500 in the package. Do you have the check?

RUTH: Oh, he didn’t remind me. But, I have it somewhere.

MARCY: Let’s take care of the check first, otherwise we’ll forget all about it and you’ll lose your lock.

RUTH: That bad?

MARCY: It’s happened before. I read about it in my course and I’m not making any careless mistakes.

RUTH: Here it is.

MARCY: Okay, the course says to staple it to an eight and a half by eleven paper and put it on the top of the stack of documents in the FedEx so the first person to open the package will immediately see it and hand it over to the correct person… Done! I’m putting it in the package, but at a 90 degree angle so I’ll see it. That way I won’t forget to make sure it’s first in line after we add all of the other documents we’re signing tonight.

RUTH: Boy, aren’t you careful?

MARCY: Well, you’d understand if you knew how many mistakes notaries often make in this industry.

(10 minutes later)

RUTH: Okay, I’ve initialed all of the pages of this Deed of Trust. Now, you need to notarize it, right?

MARCY: Correct… (stamps the document) Oooh! That came out smudgy. I better do it again.

RUTH: It looks fine. I wouldn’t worry about it.

MARCY: The Deed of Trust is a recorded document, and that means that it goes to the county clerk’s office. Some of the clerks are picky, and they have the right to reject a smudgy seal which might cause the loan to not go through on time. So, I need to attach a loose certificate and make sure my stamp comes out clearly… Perfect.

RUTH: You certainly dot your i’s and cross your t’s!

MARCY: If I didn’t, you would lose your loan.

(a day later)

LENDER: Marcy, I noticed you crossed out your Notary seal on the Deed of Trust. Why did you do that? That looks very sloppy.

MARCY: Quite to the contrary, the seal was smudged, and the county recorder would be unlikely to record such a document which is why I attached a lose certificate.

LENDER: But, did you have to staple it on? It is very difficult to disconnect — and messy.

MARCY: Legally I am required to attach the certificate. Completing loose certificates that are stamped is illegal because they can easily be used for fraud by being attached to a different document; So by un-stapling my work, you are leaving yourself open to looking very questionable.

LENDER: But, we always do that.

MARCY: Well, you are at liberty to do what you like, but I am not at liberty to break my state Notary laws! If the Lender had the certificate wording on a separate piece of paper without a page number, it would be removable so that nobody would have to see the cross out should there be an error, and once in a while there are stamping errors. Notary seals are not always clear the first time.

LENDER: Isn’t there a better way to do this?

MARCY: If you want your loan to go through, and for it to go through legally, then no — there is no other way to do this.

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Point (15) A handful of technical points
These technical points fall into the category of signing agent knowledge and are generally above and beyond purely Notary knowledge. Being an expert at these points will make you a much more impressive signer.

Checks in Packages
If you are sending a cashier’s check in a package, please note that these get lost much more frequently than you might think and the borrower’s loan will be delayed if this happens. These checks are for high dollar values, so make sure they don’t get lost between all of the many hands that will touch this loan package.

Staple the check to a 8.5 x 11 piece of paper, and put this paper at the front of the loan package so that whomever opens it (generally a secretary) will see it immediately and notify the person in charge of the loan. If you put the check in the middle of the documents, the check will not get seen right away, and there could be a delay. If you don’t staple the check, it will likely get lost in the shuffle.

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County Recorder Rejections
If you make a mistake on a recorded document, the county recorder can reject the document which could slow down the loan processing time. The borrower might even lose their lock which would be very costly. Take extra care when notarizing recorded documents. Which documents are recorded?

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Dates
What is the difference between a Document Date, Signature Date, Transaction Date, Rescission Date and a Notarization Date?
The document date is a random arbitrarily picked date that is often subscribed in the document. It is often the same date the document is signed, or perhaps drafted. The signature date is the date a document is signed. Of course, if there is more than one signer, there would be more than one signature dates. A Notarization date is the date a document was notarized. Legally, a document can be Acknolwedged more than once though! A transaction date is the date that a document is signed. A Rescission date is the last day to rescind. There, you have five dates to remember!

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eDocuments, eSignings, and eNotarizations
eDocuments are documents sent by email to the Notary to be printed out. eSignings are signings done on a laptop with the borrower doing digital signatures on a signature pad — but, with hardcopy regular notarizations using a paper journal. eNotarization are Notarizations where the notarization uses a digital seal and digital journal.

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The Prepayment Penalty
The Prepayment Penalty could be mentioned in any of these four documents, or perhaps even more. The Truth in Lending says you will, won’t or may have a prepayment penalty. The HUD may reference the prepayment penalty as well. But, the two documents that offer the most thorough information on the prepayment penalty are The Note (which every loan has) and the Prepayment Rider which is only included in a handful of loans that have complicated prepenalty agreements.

Most Notaries we talk to do not know the best place to look for thorough information on the prepayment penalty. They usually want to source the TIL, but this is wrong. Try to be a little more familiar with these very basic loan concepts as your borrowers will be more impressed with you if you do.

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Recorded Documents
Here are various types of recorded documents sorted into categories.

Deeds: Deed of Trust, Riders to Deed, Quit Claim Deed, Grant Deed, Inter-spousal Grant Deed, Warrantee Deed

Title Docs: Subordination Agreement, Mortgage

Legal Docs: Affidavit of Trustee, Power of Attorney (sometimes recorded), some states record the Note although most don’t.

Lien Docs:Judgment Liens, Unsecured Tax Liens, Revenue & Recovery Liens

Other:Addendum, Condo Homeowners Approval, Tax Certificate, Affidavit of Continuous Marriage (state specific)

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Commonly Notarized Documents in Loan Packages
Most packages will have certain documents to be notarized such as a Deed of Trust or Mortgage in all loans. It is also common to notarize other documents such as a Signature Affidavit, Occupancy Affidavit, Correction Agreement Limited Power of Attorney, Subordination Agreements, Grant, Warranty or Quitclaim Deeds, certain Riders, Identity Affidavit, and more.

Spousal Signatures
If a spouse is not on the loan, the documents they sign might vary from state to state and lender to lender, but these documents are typical documents that they need to sign:.
(a) The Deed of Trust and accompanying Riders if any.
(b) Grant Deeds and/or Quit Claim Deeds if someone’s name is being removed from Title.
(c) The Right to Cancel if the spouse is residing in the property.

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Trusts
Notarizing Trusts is not brain surgery. However, when people sign with a capacity, it is common to sign their name, a comma, and then their capacity. Al Smith, as Attorney in Fact for Joe the Plumber. You are only notarizing Al Smith, but the additional information is sometimes helpful or critical. As a general rule, unless the document custodian wishes otherwise, You should have trustees sign as trustees: John Doe, as Trustee.

Then, there are Living Trusts which are instructions for what to do if a signer is incapacitated. These are usually long documents drafted by an Attorney that can be more than forty pages long in many cases. Living Trusts are quite different than regular Trust Documents and Wills.

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You might also like:

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

30 Point Course (16) Initialing
http://blog.123notary.com/?p=14463

Don’t put the FedEx in the drop box if there is a check in the package
http://blog.123notary.com/?p=2831

Spousal Signature Requirements
http://www.123notary.com/forum/topic.asp?TOPIC_ID=244

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March 2, 2014

Analytics for TECHNICAL posts… graded!

Filed under: Uncategorized — Tags: — admin @ 11:25 pm

The (A) list:
ID, POA, APPS, SUED, JOBS, TUTORIALS, INTERVIEWS, BEST PRACTICES, POINT & SIGN, OUT OF BIZ, FREE, DIFFERENT DAY, LATE DOCS, PAYMENT, WILLS
CALL: Don’t CALL the Title co, or borrowers
ACCEPTING certifications
PAID: Getting PAID usual or unusual ways.
QUALIFICATIONS (background check & CSS)
JOBS: More jobs, less jobs, taking jobs away, taking bigger cut of money from jobs.

The (B) list:
Consumer financial protection, Loom them up, Stay here until PAID, why use middle INITIAL, Boss PAYS for COMMISSION, Industry STANDARDS, BEGINNERS, what makes a mobile notary, I-9, won’t sign disclosure, following directions, more specific tutorials, JAIL.

TUTORIAL on documents idea.
DOCUMENTS: Late, don’t call until ready, document dates, foreign language docs, witnessing docs, common mistakes w/particular docs, which docs recorded.

=====================================
1003 trouble (F)
1099 too high (C)
ACCEPT certifications (A)
ACKNOWLEDGMENT (D) optional ack cert.
APOSTILLE nightmare (D)
ATTENTION paying (D)
ATTITUDE > JOBS (C)
ATTORNEY GENERAL (F) UR not an attorney (F)
APR (C) to non-borrowing spouse.
BACKGROUND Screening (A)
BAG; carry all (F)
BAR: GA association (F)
BEGINNERS info (B)
Birth Certificate (A)
BLOG she learned more (F)
BOOKS top 5 (F)
BORROWERS at ease (C)
BOSS pays for comm. (B)
BUSINESS NAMES (D+) Biz names (C-) Choosing a name (D+) Grow biz first then register (D-)
CALL (A) don’t call title co;
CERTIFICATION or skill (D); Uncertified not a single all (D) If not certified (D) Just do it (D) Obamacare (F); not cert (F)
CLOSING bank branch (A)
CONTRACT (F)
CREDIT CARD afraid (F)
CROSS-OUT happy (C); story about cross-outs (C); Cross out and initial (F)
CREDIBLE witness (D) what is (F); Charge for (F);
CRIMINALS (B)
DIRECTIONS following (B)
DATES (B) doc, sig, notarization date
DOCS ready (A)
DOCUMENTS ready (A)
DUE: getting what is (A)
E&O (D); Supersize (D)
EATING on road (C)
EMBOSSERS (F)
EXPERIENCE gain (C)
ELITE: does it help? (C) Elite certification (F)
EXPLAIN (C)
ERROR-FREE (C)
FINGERPRINTING (D) difficult
FREE 3rd signing (F)
GETTING more work (A) 3jobs/day
eNOTARY overall score (D) ; which states (A); pros/cons (D); state specific (F); what can enotary do (F); 10yrs garbage (D); AZ (F);
eJOURNAL (B)
ETIQUETTE borrower (D) thanks, sorry (D)
FAMILY (C) Making family leave the room.
FEAR, anger (F)
FIND 24 hour notary (D)
FINES & PENALTIES (C)
FOREIGN lang doc (B)
FREE certification (A)
FUZZY (F)
GUNS borrowers w/ (F)
HIRE other notaries (C)
HOLD HARMLESS (C)
HOSPITAL signings (D)
HUD (C)
IDENTIFICATION (bad) (A)
INTERVIEW (A)
HOURS (F) of operation
IDENTIFICATION (D) 2nd ID requirement
INCOME: (C) Notaries who make more than Attorneys
I-9 Notarizing (B)
iCLOSE (F)
INITIAL middle overall (C); Why use middle initial (B) wouldn’t use middle initial (D)
INSURANCE (F)
INTERVIEW / advice (B) interview w/title (C) Title source (B); timios (A) Advice from AZ; Veteran Notary inteview (C)
JAIL overall (D); Pay at (F); Hubby in jail (B) Notarization at (D) Jail one phone call (F)
JOBS (A)
JOURNALS (D)
LATE docs (A)
LOOK them up (A)
LOWBALLERS (B)
MINIMUM competency (D)
MINORS overall (C); Minors rules (B) Notarizing a minor (D)
MISTAKES w/ Title (C); common mistakes (C) I also make (D) When you goof (D) types of (F)
MOBILE NOTARY (B) what makes?;
MOBILE OFFICE (D) warrantee
MORTGAGE borker (F) sniffing out the right notaries.
NNA (D) NNA-care (F)
NOTARIZED overall (D); w/o sig (C); Notarize 2x (D); Notarized statement (D) How to get (F)
NOTARIES (F) Industrial strength (F) unleaded (F)
NOTES (D) factual or personal? (D); Represent (F)
NOVICE (D)
OBSTACLES creating (C)
OATH (F) of two 2 witneses
OVERSEAS (D)
OUT OF BIZ bank br. (A)
OWL icon (D)
PAGE every page? (C)
PASSPORT (C) Notarizing passport (F) How to notarize copy of passport (A)
PAYMENT responsibility (C) getting what is due (A); Stay until paid (B); How to get paid (D) Fees at door (F)
PERJURY arm twisting (D) Perjury vs. Oaths (D)
PAY: does xyz pay? (F)
PHONE overall (C) ; Who answers? (A); Why answer (D); Phone interaction tutorial (D); Call back can’t talk (D)
PHONE #’s (F)
POA / Nursing home (A)
POINT & SIGN (A)
POLICE enotarization (D)
PREPAYMENT penalty (D)
PROTECTION (A) Consumer Financial protection bureau.
RAMBLE (D)
REAL ESTATE exp. (D) RE prices (F)
RECORDED which docs (D)
RESOLUTIONS (F)
ROCKET SCIENCE (F)
REVIEWS technique (F); signing co. reviews = payment (D+)
SIGN overall (B); Sign on different day (A); Sign disclosure (B); Get them to sign (D);
SIGNATURE BY X (F)
SPAM contacts (D)
STANDARDS: industry (B)
STAMP missing F()
STATES bordering (F)
STRANGE funny haha (D)
SUED: biz lic, e&o (A)
TAMPERING stapler (F)
THUMBPRINT overall (B); Thumbprint necessary (A); Asked NOT to thumbprint (C)
TIPS; overall (C) 12 tips (B); tips for notaries (F)
TOOLS for notary (F)
TRANSLATE (F)
TRENCHES for notaries (D)
TROUBLE (D)
TUTORIAL (B) general (A) other (B) too obscure (C)
VAGUE (F)
Webcam Notarization (B)
WILL notarize a (A)
WITNESSES (B) notary witness (B); expert witness horror (B)
WORK getting more (A) 3jobs/week to 3jobs/day; took biz away (A)
UNIQUENESS (D)
WARRANTEE (D) for mobile office
X on search results (D)
X: Signature by X (-) See Signature by X

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January 6, 2014

Can a Notary notarize a Will or Living Will?

Filed under: Best Practices,Loan Signing 101,Popular on Facebook (some),SEO — Tags: , , , , , — admin @ 12:11 am

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

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Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

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

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July 9, 2013

The Power of Attorney was rejected by a bank

Filed under: Power of Attorney — Tags: , , , , , — admin @ 8:46 am

I was reminded of this situation as I looked through our retweets. Apparantly, our followers like tweets about Powers of Attorney. So, I decided to come up with some real stories about Power of Attorney signings that can inform and inspire notaries everywhere.

It happened many years ago. I remember many of the details. I went to someone’s home to notarize a Power of Attorney for banking. They had a fancy Attorney draw up the document and it looked very professional. Please note: non-Attorney notaries are probably NOT ALLOWED to draft up Power of Attorney documents or other legal documents in most if not all states. I had notarized many types of Power of Attorney documents in the past. Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills, Limited Powers of Attorney, Correction Agreement Power of Attorney, and many others too. Yes, a Living Will is a form of Power of Attorney where it gives someone authority to make medical and other decisions for the principal should they become incapacitated.

In any case, I notarized this Power of Attorney, and the client took it to his bank, and it was rejected. But, why? Nothing was wrong with the document or the notarization. So, what was it? The bank had THEIR OWN form of Power of Attorney. We learned the hard way. After spending hundreds on an Attorney and $50 on me, he now knew what to do. So, I had to meet the client at the bank. I forget which bank it was. One of the big ones. Perhaps Bank of America, Chase, or some other big name. They had a form on card stock that had a carbon copy. There was no room to put my stamp. It was idiotic. They wanted the stamp on the form itself and no Acknowledgment Certificates stapled on. So, I filled out the Acknowledgment wording and notarized the form. Voila — acceptable.

So, the lesson for today is — what the law says is acceptable is very different than what the document custodian (the person receiving and keeping or holding onto the document) might see as acceptable. Sending notarized documents to China, the stamp has to be on the document, but try explaining to them that the California Notary Verbiage needs to be on the document too if they want their stamp. Good luck. Warn your clients of the fact that their bank might not accept the Power of Attorney. The moral of the story is to ask the document custodian what type of power of attorney THEY want.

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You might also like:

The Power of Attorney was rejected 2017
http://blog.123notary.com/?p=18954

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

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May 9, 2013

What is a notary public?

Filed under: Popular on Twitter 2013,Popular Overall,Public Interest — Tags: , , , , , , , , , — admin @ 5:17 am

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

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Notary Public Information 2018 Edition
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Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

10 Risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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April 20, 2013

Types of witnesses in the notary profession

Filed under: Witnessing — Tags: , , , , , , , , , , — admin @ 10:25 pm

Types of Witnesses in the Notary Profession

All the names of witnesses in the notary profession can be confusing if you don’t know your terminology. I am going to write a brief tutorial of various types of witnesses.

Witness
Anyone who witnesses a signature can be a witness. In general you should be 18 years of age or older to serve as a witness. A witness could engage in the act of witnessing a signature.

Credible Witness
Most states allow the use of Credible Witnesses to identify a signer. Some states will allow two Credible Witnesses who know the signer, but do NOT know the notary. Some states will allow one Credible Witness who knows the signer as well as the notary. Some states will allow one or two Credible Witnesses. Consult your state’s notary handbook for details.

Credible Identifying Witness
A more legal or technical term for a Credible Witness

Executing Witness
Also known as a Subscribing Witness that would be used in a Proof of Execution signing. Don’t make a mistake on this type of notarization or the joke is that you will be executed!

Subscribing Witness
A witness who watches someone else sign their name. The word “sign” can sometimes be synonomous with the word “subscribe”.

Subscribing Witness for a Signature by X signing
A Subscribing Witness is also the term for someone who watches and assists in a Signature by Mark or Signature by X signing.

Witness to a Jurat Signature
Notaries are required by law to witness signatures that correspond to Jurat notarizations. Signatures that are to be acknowledged on the other hand, do NOT need to be witnessed, and can be signed before (even years before) the signature is acknolwedged.

Witness to a Will
Being a witness to a Will is similar to any other type of witnessing, except for the fact that the witness might need to (or probably should) document the fact that they witnessed a will signing on the signature page of the Will. Wills are by definition, orten much more serious than any other type of document.

They are often more important even than Power of Attorney documents or Grant Deeds. Another reason why witnessing signatures on Wills is so critical is because the signer will probably be dead if and when the document is disputed. It is too late to drag someone into court to testify if they are deceased!

You might also like:

Compilation of posts about credible witnesses
http://blog.123notary.com/?p=20414

Can a notary witness a Will or notarize one?
http://blog.123notary.com/?p=1525

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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