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.
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How to become a successful mobile notary from scratch
Anyone can become a successful mobile notary. The field is wide open. On the other hand, since it is so easy to become a mobile notary, many people do it which causes a lot of low priced competition. However, those who are very good at this profession seem to do well with it even in bad times. As of 2014, business is slow, but you can still have a nice part time income doing mobile notary work. Additionally, eventually the industry will pick up, and you might find yourself earning more money than you expected!
Step 1. Become a Notary
If you are not a notary, you can easily become one. It is a bit harder in CA, NY, LA, and FL where there are examinations, but talk to your state notary division about how you can become a notary for your state.
Step 2. Learn the ropes: Jail, Hospital & Mortgage Signings
Being a mobile notary is more than just hauling your stamp around with you in your car. You need to know how to handle typical situations that mobile notaries have to deal with. Mobile notaries who do well typically are experts at jail signings, hospital signings, and loan signings. Notaries who work in an office don’t need to know much about jail signings, because inmates can’t come to you, and neither can those with an IV tube stuck up their arm. But, if you are on the road, these are situations you have to know about. There are many identification and communication issues associated with jail and hospital signings that can get you in trouble if you don’t know. On the other hand, you can make a huge travel fee doing these types of specialized mobile notary tasks that the other notaries don’t know how to do (or want to.)
Mortgage signings
Signing loans can earn you big bucks. Signers make anywhere from $50 to $150 per signing. Fees fluctuate with the market and depend on who you are doing business with and how good you are. If you have a lot of experience and have many loyal contacts, you can set your minimum fee at $100 or $125 per loan signing if you are any good. You will need to know some basic Mortgage terms, and know the basics about 10-20 basic documents. You need to know where to look for the Rate, APR, prepayment penalty, when the first payment is due, where the fees are, and other basic information. You need to know how to handle name variations, initialing and borrower objections to problems in the loan. You need to know who to call when a loan signing is on the rocks. Signing loans is not rocket science, but there are concepts you need to Master.
Take our course!
http://www.123notary.com/loan_signing_courses.html
How can you learn about all of these complicated and scary types of signings? 123notary offers a comprehensive loan signing course that covers all of these issues in detail. Additionally, you can get free detailed information in our blog about all of these topics. Just browse around the categories on the right and read to your heart’s content!
Step 3: Active Marketing
Getting work as a mobile notary is a bit hard at first, but you can do it. Contact a dozen or more signing & title companies each week and get on their list. They will want copies of various types of information and a signed contract, so ask them what they want, and give it to them. You can also give your business card out to local nursing homes, hospitals, Real Estate offices, law offices and anyone else you can think of who might need a mobile notary.
Step 4: Passive Marketing
Advertising on the major directories is a good practice. Notaries often ask on Linked In which directory they should join. My standard answer is to join all of them, but not necessarily to pay for all of them. The strongest players in 2014 are 123notary.com, NotaryRotary, NotaryCafe, and SigningAgent.com lost a lot of steam recently, but is still in the game. If you join other directories, I don’t recommend paying for them as they don’t have a good track record. You can go on Linked In to research what the notaries say are the better notary directories too for an unbiased point of view. Hard copy yellow pages for your local area may or may not get you work — it is worth a try if you are serious though.
Being listed on the big directories is not enough. You need to maintain your listing like a pro. Fortunately for you, I am here to offer you free mentoring by email, so don’t panic! You need a well written notes section, a company name helps, reviews from your satisfied clients, and try to pass as many certifications as you can.
Step 5: Who to get certified by?
My rule is that you get certified by every loan signing directory that you pay to advertise with — even if that means that you get certified five times. I am currently recommending:
(1) NNA’s certification as it is an industry standard
(2) 123notary’s certification if you get paid advertising with us as notaries who get this get 2.5x the work from our directory
(3) notary2pro’s certification (although not an industry standard) is very high quality, they offer hand holding, and the learning you will get from it justifies the cost.
Step 6: Screen companies you work for
Many signing agents drop out because they worked for the wrong companies, didn’t get paid, and suffered financially. Don’t let this happen to you! Use our list of signing companies (which includes reviews) and avoid working for signing companies with a high ratio of negative reviews. Additionally, don’t do too many jobs for a particular company until they have paid you for previous jobs. Decide ahead of time how much credit you are going to give them and don’t let them run up a bill beyond your limit.
Step 7: Become an expert at scheduling and negotiating
You need to be constantly refining your skills to do well in this business. Although there is a lot of competition, few of them have refinement. Scheduling is a hard task, and you need to juggle when the e-Documents are supposed to come, when your signing is, and when the next signing is. e-Documents don’t always come on time, so learn to juggle well. Negotiating good fees is also an art form, so pay attention to our blog articles as from time to time we have articles about how to negotiate.
Step 8: Get a high spot on 123notary
We make our money selling high spots on our directory. We generally discourage people from getting a high spot until they have passed our certification test and have at least a review or two. But, if you are serious and want to get ahead, call us and ask how you can get a high placement in your area. We are often very flexible and offer six month trials to those just starting out. The Title & Escrow companies who use our site know that those who purchase high spots on our directory are serious, and those notaries generally get a lot more quality jobs from our site than those with low spots.
Professional backgrounds that help
If you have a background in Mortgage, Escrow, Loan Origination, or Lending, this can really help you do better in the mobile notary business as you will be working a lot with Mortgage documents. However, don’t fool yourself into thinking you know more than you know. Many Mortgage Brokers assure me that they know their stuff and don’t need my test. When I ask them simple loan signing questions over the phone, they can only answer half of the easy ones. Go back and study and master the art of the signing. Your background does help you, but your over-confident attitude can really ruin your career. Additionally, it is very different being on the Notary side of the table than it is being on the Lender or Broker side of the table. Try to learn this profession from out point of view.
Real Estate backgrounds do not help as much as Real Estate Brokers claim. You are not anywhere near as familiar with the documents as you claim. As a matter of fact, those with Real Estate experience cannot answer simple loan signing questions any better than those with no Mortgage or Real Estate experience. Approach this profession as a beginner and learn the ropes one by one. The people skills you learn from being a Realtor on the other hand, can really help you. General business skills and being businesslike help more than any technical knowledge you may have acquired in your former professional life.
Don’t be afraid to ask if you need help
And as always, 123notary is there to help! If you have questions, don’t be afraid to ask!
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