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November 4, 2013

How much can a California Notary Public Charge?

Notary Public California: What does a California Notary Cost?

Looking for notary service in California? The price for notary work in California is based on state government set maximum notary fees. The exact fee might depend on the particular act. Please remember that a California Notary Public charges you for each notarized signature. If you have one document where you are being notarized twice, then you pay two notary fees. Additionally, many California Notaries are in the mobile notary business and might offer you the convenience of coming to your office, hospital, home, or jail cell for an additional travel fee on top of the California notary fees.

You can visit
http://www.123notary.com/california_notary/
For detailed information about California Notary Fees as well as California Notary Public search functions.

CA Notary — maximum notary fees
Acknowledgments – $10
Oath or Affirmation for a Jurat – $10
Certified copy of a Power of Attorney – $10
Proof of Execution – $10
Administering an Oath for a Witness – $5
Taking a Deposition – $20
Protest – $10, plus $5 for recording it
Apostilles & Authentications – $20

Please note that a notary is not required to charge the maximum allowed notary fees. They are welcome to notarize your signature for free, or for a nominal fee if they like. Find a great California mobile notary on 123notary.com!

(1) A California Notary can charge $10 per signature for Acknowledgments & Jurats. But, what about other acts?

You might also like:

Find a California Notary in Fresno
http://www.123notary.com/notary-result.asp?state=CA&n=Fresno&county=127

Find a California Notary Public in Riverside
http://www.123notary.com/notary-result.asp?state=CA&n=Riverside&sub=34

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August 29, 2013

Don’t Do These Things: CA Notaries Who Have Done Wrong

Becoming a notary in California means taking on an awesome responsibility. And, like most awesome responsibilities, this one comes with lots of very strict rules that must be followed exactly. No, really — exactly. There is no wiggle room when it comes to being a notary public in California.

You would think that, with all of that responsibility and all of those extremely strict rules, every California notary would be very closely supervised. Nope! In fact, it is largely the opposite.

As a California notary public, you work almost completely independently of any state-sanctioned watcher type person. It’s understandable, given all that freedom, how someone who is a notary in California might be tempted to let some of the rules slide. Without someone watching your every move, it’s easy to say, “Oh, I’ll take care of that later,” or “Meh, good enough.”

Do not give in to this temptation! If you don’t see to every single detail and follow every letter of the law, you could wind up in huge and terrifying trouble.

For instance:

If you fail to properly identify one of the signers of the contract you are notarizing, you could face a civil conviction and have to pay a fine of up to $10,000. That is not a cumulative $10,000 over the course of your California notary career. That’s up to $10,000 for every time in which you, acting as a notary public in California, fail to identify a signatory to the satisfaction of the rules set forth by the Secretary of State. Yikes!

Let’s say that someone comes in and says they are working on an Intelius removal and need you to notarize some papers verifying the request to have the information removed from the system. The person wants the notary stamp to prove the time and date on which that person submitted their completed forms.

Your California notary public stamp tells a court (should the matter go that far) that you are vouching for the person, that he or she has met every legal requirement he or she needed to meet, and that they performed the deeds they say they did.

Let’s say you had to notarize three signed forms. You charge the person $45 for the service.

Whoops!

It turns out that, as a notary in California, you’re only allowed to charge people up to $10 per signature. You have overcharged the person by $15. Fifteen dollars doesn’t seem like that big a deal, right? You can just refund the over-payment, right?

Maybe. But if the person complains or brings suit against you for overcharging them for the duties you performed as a notary public in California, you’re going to be in trouble. The Secretary of State can suspend your California notary public commission for as long as six months, and you can be fined up to $750 — for every instance in which you overcharged that person!

Becoming a California notary is a huge responsibility, and these fines are steep and really scary. This is why, as part of the process of becoming a notary in California, you have to pay for “insurance.” This usually means paying for a California Notary Public Surety Bond. You can buy these bonds in a variety of increments. It depends on how much coverage you need. If you are sure that you can abide by every detail and follow every law involved with having your own California notary commission, you can go with a smaller bond.

The fact is that being a notary public in California makes you a very important person, and that means you have to take your important responsibilities seriously. Besides, can you really afford to have a criminal record and fines totaling thousands of dollars because you overcharged someone by a few bucks? It’s better to follow all of those annoying rules, don’t you think?

Erin Steiner was an Oregon notary public for one term. She now writes about everything from small business to pop culture topics all over the web.

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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public of

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August 17, 2013

A California Notary Acknowledgment Goes to Taiwan!

A California Notary was asked to notarize a document from Taiwan. The document didn’t have California Notary Acknowledgment Wording or California Notary Acknowledgment Verbiage. So, the notary said, “No problem, I’ll just add a California Acknowledgment Certificate”. That was easy. The notary followed legal procedure for California notarizations. The document was sent to its custodian in Taiwan who rejected the document. The message was that the stamp needs to be on the document.

So, the California Notary Public informed his client that he cannot legally stamp the document without the corresponding Notary Verbiage which must be California Acknowledgment Verbiage or California Acknowledgment Wording. The client said, “Is it really necessary? People do this all the time!” The notary stated that the law was the law and that he wasn’t going to break it for another person’s convenience or why bother having notaries at all?

So, the California Notary emailed the Acknowledgment boiler plate wording template to his client who emailed it to his contact in Taiwan. The document came back with the wording at the bottom of the page. The notary notarized it, and all was well!

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Notary Fines & Notary Penalties (gulp)

People going into the notary business should be aware that there is such a thing as Notary Fines, and Notary Penalties are real! I used to be a California Notary Public and read the California Notary Handbook multiple times. There are all types of penalties that could be imposed on a sloppy notary. I could go one by one and list all of the fines and penalties in the handbook, or just write about some more common types of mistakes that notaries make that could end up in a Notary fine. Please remember, that the types of infractions of notary law we are indicating below may or may not end up in a fine in your particular state. However, to be on the safe side, we encourage you to avoid any type of legal infraction whatsoever so you stay out of trouble.

If you move…
If you change your physical address, and don’t notify your state notary division within 30 days, or however many days your state allows (which is often 30 days), you might end up in a little bit of trouble. You might get fined for this type of neglegence. The Secretary of State or Notary Division in your state wants to know where you are living — that is important to them!

If you change your name…
If you change your legal name, you are required to inform your Notary Division in writing in many states. You might be required to get new notary commission, or just get a new notary seal that reflects your new name. A California notary for instance is required to notify the notary division immediately after a name change!

If you overcharge…
If you charge more than your state’s maximum published rates for a notary act, you could get fined for overcharging. It is doubtful that you would get caught, but to be on the safe side, don’t charge more than the amount your state allows for notary acts. You may charge for travel fee in 41 states, but you need to know what the rules are for travel fees too as there are restrictions in a few states. If you are a California Notary there is no limit to what you can charge as a travel fee.

If you put a wrong date on a notary certificate
If you intentionally put a false date on a notary certificate, you might get a lot more than just a simple notary fine or notary penalty. You might be criminally liable, especially if the notary certificate is on a Deed effecting real property. Don’t backdate! It is illegal and can come back to you!

Application misstatement
A California Notary Public could have their notary commission suspended, revoked, or terminated if they made a misstatement in their application. Tell the truth, or you could get in trouble.

We might write some more blog entries in the future about notary fines and notary penalties. But, for now, we just wanted to refresh your memory to the fact that these types of fines do exist, and let you know about a few specific types of cases where you could be fined.

Have a fine day!

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June 30, 2013

A california notary writes about her Fedex Cut-off

Filed under: Your Notes Section — Tags: , , — admin @ 8:27 am

I was browsing through notary notes sections on a Monday night. It was late, and I had arrived home after meditation. My regular taco truck was not in its regular location, so I had to get my tacos at my other favorite place — the place with the three chili hot sauce. It isn’t really that hot, but very flavorful.

So, I perused dozens of listings. Most just were fluff, and were very wordy without saying much that anyone would want to use to hire them. Sure you take it seriously, and sure you get the job done professionally. Sure, I believe the Sacramento notary who claimed to have had done 20,000 error-free signings. Fluff. Sure I believe the notary in San Joaquin who claims to be dependable and reliable even though she never answers her phone!

But, then I read a young lady’s notes section. I can’t remember her exact location, but I believe she is from San Jose or Santa Cruz. She was very specific in a few unusual ways. She mentioned that the Fedex cut-off for her local station was 8:30pm. That is a very late cut-off and actually good to know. It was very thoughtful of her to write this.

There is a California notary who is paying attention — this is proof.

Remember — specifics and uniqueness sell. This FedEx statistic she gave is both specific and very unique information considering that nobody else has ever written this.

You might also like

Don’t put the Fedex in the drop box
http://blog.123notary.com/?p=2831

UPS & Fedex drivers — do they KNOCK loud enough?
http://blog.123notary.com/?p=445

California notaries with complaints
http://blog.123notary.com/?p=2485

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June 17, 2013

California Notary laws that you need to know

CA Notary Laws that You Need to Know

There are lots of reasons to want to become a California notary. The fact that it is a resume booster is just one of them.

Notary Public California: Basics

By now you know just how easy it is to become a California notary public. Because the process (though lengthy) is so easy, a lot of notary hopefuls believe that the job itself is going to be easy. For the most part this is actually true…provided, of course, that you follow the letter of the law. The laws surrounding California notaries are strict, and it is important that you know them inside and out.

California Notary Laws

Here are just some of the laws that you need to follow when you are a notary in California.

Proper Identification Required

It used to be that if you personally knew the person whose documents you were notarizing, that person wouldn’t have to present any ID. That law is gone. Now—even if you’ve known them since preschool, they have to show you ID.

Your Journal Is Important

You know that journal the Secretary of State says you have to keep? You really have to keep it. It must be perfectly updated, and you really do have to know where it is at all times. More importantly, you have to know that it is safe at all times.

If you fail to keep the journal updated, secured, and protected, you could get charged with a misdemeanor!

NOTE: The same rules apply to your seal!

To this end, if anything happens to your journal or notary seal — if you lose them or they get stolen or damaged, you need to notify the Secretary of State immediately. Do not simply hope that it will turn up! You don’t want your seal to be used on fraudulent actions without your knowledge and without the Secretary of State knowing that it was not actually you who performed those actions!

To Thumbprint or Not to Thumbprint

As of January 1st, the state requires every notary in California to get a journal thumbprint for any notarizing involving “real property.” What does that mean? There is a partial list of what constitutes “real property” in the California Notary Law Primer.

Webcams Are a No-No

Notarizing something via webcam is not the same thing as being there in person. This means if someone wants you to perform a notarial action through a webcam, you could get in big trouble if you say yes!

Double-Check the Wording

There are some situations (like jurats) in which the wording in the document must exactly match the wording required by the Secretary of State. Make sure you know which situations require exact wording and which will let a “close enough” slide through.

Every year, the Secretary of State makes changes and tweaks to the laws for what California notaries can do, can’t do, and how they are required to do things. It’s okay to have questions and to feel unsure. When you aren’t sure what you can or can’t do, ask!

The 2013 Notary Public Handbook is available for free online. If you don’t find what you need there, contact someone in the Secretary of State’s office in Sacramento and ask.

Erin Steiner writes full time in Portland, Oregon, and has covered a wide range of topics from gutters to personal finance.

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August 27, 2012

Notarizing Documents for the Elderly

Notarizing for the elderly: Making a difference

Notarizing documents for the elderly can sometimes be a precarious task. At best, it can also be very rewarding, a chance to save senior citizens from poor medical or financial decisions. Some of our notaries have recently done a great service by scrupulously looking out for this fragile population and speaking out in order to protect them.

A California notary tells us, “I was going to a signing, and I really didn’t have any information about the borrower. The caregiver for the elderly man answered the door, and said ‘Are you aware that Mr. Jones has Alzheimer’s? He thinks you are here to give him $3000. He was cleaning the house all night to impress you.’ Apparently, someone had called him from an Internet company and had gotten him to do the loan. The care attendant said she would have to call the man’s son. I left the loan documents with the man, and immediately called the loan officer. I said, ‘This man’s son has a power of attorney. If I hear of this man signing these documents himself, I will turn you in.’ I never heard from them again,” sighs the California notary, who knows to this day she provided an unanticipated service for Mr. Jones.

Another California notary from Oakland tells a similar story: he came to notarize a refinance, but the woman who owned the home did not want to sign. It turned out that the ‘relative’ who was claiming to have a valid power of attorney was not even related to the homeowner…but had somehow persuaded the lender that she had a POA–and was planning to drain $20,000 from the home and then put the woman in a nursing home. The notary got a bad feeling about all this when he first called to confirm the signing. The old woman confided in the notary her unwillingness to sign, and the notary, on a hunch, called the authorities. They arrested the “relative”…and an actual relative was called upon to assist. Luckily, the equity in the home remained intact, and our notary was very pleased. “It was just lucky that I realized what was going on,” he says, “and made the call. Some people might say it wasn’t any of my business. A notary actually is taken quite seriously as a ‘reporter’ in cases like this. I was glad I did what I did,” says our California notary.

“One man thought he was getting back $400 more on his loan than he actually did. When we went over the paperwork, he actually started crying. I was able to explain things to him, but he chose to call the lender and delay the closing…although he did end up closing that week. The lender did something for him, made some deal with him that made him feel better. Many elderly people feel they are being taken advantage of, and many are in a position of weakness. I see a lot of happy, wealthy elderly, some who own several houses in several parts of the country. I also see a lot of poor people who are elderly and who never recovered from 2008,” says one Hawaii notary with relatives in California. “We are trying to do more to protect them.”

A Hawaii notary in Honolulu who does a lot of notary work with the elderly tells us, “Sometimes at a hospital signing I have to determine whether or not the person knows what he or she is signing. I ask the person’s name and I keep asking questions. If the person does not know what he or she is signing, I leave.” Our astute young Hawaii notary adds, “There are lots of times there is a doubt as to the competence of the person, and you really have to be very sure. Your have to protect their interests. That is why it is good that California, for instance, just passed a new law regarding notarizing a power of attorney.” [see blog June 3 2012 “A New California Notary Law”]

Tweets:
(1) Notarizing documents for the elderly can sometimes be a precarious task; at best very rewarding
(2) “Are you aware that Mr. Jones (the signer) has Alzeimers? He thinks ur here to give him $3000!”
(3) Many elderly signers feel they are being taken advantage of, and that they have a weakness.

You might also like:

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

Dragging the person’s arm: A signing for an elderly woman
http://blog.123notary.com/?p=610

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June 3, 2012

A New California Notary Law

A New California Notary Law

A new law regarding California notaries went into effect on January 1, 2012. One of three main changes to California notary law in 2012 is that a subscribing witness may not sign a Power of Attorney in California in a case where a signer is too frail or unwell to appear before a notary. In other words, it is now clearly mandated that a person giving someone else Power of Attorney in California must be well enough to appear personally before a California notary. There are situations in which an actual signer can’t appear before the notary and a subscribing witness may be used, but this is not as strong as having a California notary take an acknowledgement, and ought not to be allowed in most situations. In matters involving finance and property, California previously made clear that important documents such as mortgages and securities may not be signed by a subscribing witness; instead, the acknowledgment must be taken by the notary with the proper signer present. In 2012, California has now wisely added POA to the list of documents that may not be signed by a subscribing witness.

The second of the changes to California notary law in 2012 setsforth the rule that only California notaries who work for the financial institution concerned may demand payment or accept payment on “foreign bills of exchange” for the institution –and only these California notaries may protest for nonpayment. The third change in the law makes clear that these notaries who work for financial institutions will of course no longer be paid a fee for such services—as an independent notary would have been. The world of banking has its own notaries for all occasions, California notary law reminds us.

Tweets:
(1) A new 2012 California notary law – subscribing witnesses may no longer sign Power of Attorney in certain cases.
(2) Important documents such as Mortgages & Securities may not be signed by subscribing witnesses.

You might also like:

California notary issues
http://blog.123notary.com/?p=3528

California Acknowledgment and Jurat Information
http://blog.123notary.com/?p=1786

Power of Attorney Signings
http://blog.123notary.com/?p=1627

Find a notary in Fremont, CA
http://www.123notary.com/notary-result.asp?state=CA&super=&county=162&sub=3&n=Fremont%20City&cc=1&

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May 29, 2012

Are webcam notarizations legal in my state?

Are webcam notarizations legal in my state 

As of 2011 & 2012, webcam notarizations are not legal in any state.  The California Secretary of State even went so far as to make an official posting on their California notary division website to specifically state that it is illegal to do webcam notarizations in California and that there was a company who engaged in this illegal notarization practice.  This illegal notarization technique was used for signings in New Jersey by the company in question.  I have not heard if those individuals doign these webcam notarizations have been arrested or what.  We actually advertise them on our website, but post information stating that their webcam notarizations are illegal in California and other states.
 
As a customer for notary services, it is your responsibility to have some basic idea about notary law, and you need to know what is illegal in this business.  Any notary job that lacks personal appearance from the signer is an illegal notarization except for a proof of execution.
 
If you want to look up your state’s notary laws, each state has a notary division website where you can look up specific notary laws particular to your state. It might be hard to sort through and the legalese is not easy to read, but you can learn a lot in a short amount of time by reading through state notary division websites. 
 
You might also like:
 
Contact information for state notary divisions

Do you accept credit cards?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3135

Being asked to backdate
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3155

e-docs — worth it or not
http://www.123notary.com/forum/topic.asp?TOPIC_ID=632

Accepting verses bidding on a job
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2306

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