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May 3, 2018

Letter to Florida Notary Division

Filed under: Florida Notary — Tags: — admin @ 10:13 am

Dear Florida Notary Division,
I run 123notary and am constantly made aware of the sloppy behavior of the Notaries that you commission. I will remind you that the purpose in having Notaries Public in the first place is to ensure the integrity of transactions done via signed documents. The Notary makes sure the correct person signed the document, fills out forms, keeps records, administers Oaths, and upholds the law regarding Notary Public. Based on my quiz results for many Florida Notaries: Florida Notaries do not normally keep proper records, rarely administer correct Oaths, and do not have a clear idea of the laws affecting their work in many cases. Below are my comments and suggestions.

1. Journal Thumbprints.
A journal thumbprint is a piece of biometric evidence that Notaries should keep in their journal. The reason is that the FBI can catch identity thieves that steal people’s assets a lot more easily with thumbprints. Florida recommends against Notaries keeping thumbprints which essentially stifles the FBI. Florida is afraid that the Notaries will not be reputable custodians of biometric data and therefore recommends that they do not take the evidence to begin with. This tells me that the following MIGHT be true:

(a) Florida might desperately want to assist identity thieves in having open season in Florida, and wants to make sure that identity thieves not only can defraud hard working citizens, but that the rights to privacy of identity thieves will be honored at the expense of the safety of society, borrowers, signers, and Notaries by recommending against taking journal thumbprints. Ludicrous! The State of Florida might want to make sure that identity thieves will be protected from being caught and wants to deter the justice system from having adequate evidence to book these very dangerous white collar criminals.

(b) Florida commissions Notaries in a position of trust and integrity equivalent to that of police, attorneys, judges and government workers, yet doesn’t trust them to safeguard a thumbprint. Either you trust them or you shouldn’t commission them. Maybe you should spend more time figuring out who is trustworthy and who is not. Since 90% of your Notaries cannot administer an Oath correctly (which is the notarial equivalent of tying your shoes), I would consider weeding your database of the Notaries who refuse to know how to do their job. Or you could resort to actually training your Notaries and screening them a little better.

(c) The State of Florida is confused and doesn’t realize how stupid they are being by safeguarding society’s most dangerous criminals by discouraging Notaries from keeping journals and taking journal thumbprints. Discouraging journal thumb printing is similar in essence to discouraging wearing seat belts or condoms. Notaries might not get Aids, or break their ribs, but they could end up in court or jail as a result of this stupidity.

2. Journals
For the Notary’s safety, their notarial journal is their only hard evidence in court of what they did as a Notary on a particular date, or assignment as well as what they did NOT do should their seal be stolen, copied, or forged. By not requiring a journal for notarial acts you are endangering the public, Notaries, and their clients. There are many types of crimes that can be committed without a paper trail since you don’t require journals. The Notaries you have commissioned are mostly very lazy and negligent people who would prefer to spent an hour arguing with me about how journals aren’t required by their state so that they can save a few minutes each time they commit a Notary act. By not requiring journals you are encouraging people to be reckless. Additionally, one might argue that you as a state and as Notaries for that state are aiding and abetting criminals by not keeping proper records of highly sensitive transactions.

I give these Notaries the lecture about how California requires seat belts where India does not require having or wearing a seat belt in your vehicle. If you get into an accident in India, will you be any less injured since seat belts aren’t legally required? If an identity thief imposters you in Florida and steals the equity out of someones’ apartment complex, will you be in any less in trouble with the FBI in Florida simply because your state is too foolish to require you to keep adequate evidence of all transactions?

The reality is that the FBI has investigated many of the Notaries listed on 123notary.com. Many of the Notaries kept thumbprints in their journal which was a huge boon to the FBI. However, I heard that those without proper evidence are routinely accused of collaborating with frauds. Does the State of Florida really want their Notaries ending up in court or jail simply because they are too stubborn or stupid to require a simple journal? Millions of dollars of assets are on the line in each day of Notary work doing loan signings and you don’t even require a single record of the transactions conducted? Even third world countries are not this foolish.

Summary

My suggestions are as follows:

1. Be more careful appointing Notaries. Give preference to those who have held government jobs or highly responsible jobs in the past.

2. Have an IQ test and a meticulousity test to make sure Notaries are logical enough to make legal distinctions necessary to perform the duties of Notary Public. Many errors Notaries make are due to logic errors and scrambled thinking. Notaries also need to show they are adept at conducting themselves in a step by step manner doing paperwork otherwise they will not do good work filling out their Notary forms. You should test this before you put them through school otherwise you will be wasting their time.

3. Have a two day live seminar with hands on training. One day is not enough in my experience.

4. Test on Notary laws as well as on hands on procedure

5. Require Notarial journals and orthodox journal entry creation which means one entry per person per document notarized and no short cuts.

6. Require Journal thumbprints for Deeds affecting real property, Powers of Attorney, and transactions done with Credible Identifying Witnesses.

7. Check up on your notaries from time to time to make sure they are maintaining proper legal standards for your state.

8. Have a minimum fee of $25 per appointment for Notaries public plus $25 minimum travel fee as well as a minimum waiting fee for hospital, jail and other jobs that require more than ten minutes of waiting. Travel fees should be paid in cash at the door by law to discourage clients from manipulating the notary into committing illegal acts under the duress that the Notary will not be paid his/her travel fee if he/she doesn’t cooperate in some illegal act. Higher fees will give you a higher supply of higher level people which will be helpful when you weed out the incompetent Notaries in your state.

9. If you have fewer Notaries in the state, it will be easier to keep an eye on them. I recommend having roughly 25% of your current number of Notaries to ensure adequate quantity without sacrificing on quality!

Thank you
sincerely,
Jeremy Belmont
123notary manager

You might also like:

A Notary from Florida travels to India
http://blog.123notary.com/?p=19636

An identity fraud case in Florida with 123 defendants
http://blog.123notary.com/?p=19449

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

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November 24, 2017

A Notary from Florida travels to India

Filed under: Best Humorous Posts,Humorous Posts — Tags: , , — admin @ 10:53 am

A customer went to a Notary in Florida.

CUSTOMER: I need to be notarized. Can you notarize me?

FLORIDA NOTARY: Sure I can. I just need a document.

CUSTOMER: Here is the document.

FLORIDA NOTARY: You already signed it. I cannot notarize it.

CUSTOMER: That’s not what the law says. Notaries are required to know their state laws. And anyway, you can verify the signature when I sign your journal.

FLORIDA NOTARY: But my state doesn’t require me to keep a journal.

CUSTOMER: What if I give you a fake ID, steal a million dollars from Fred’s house, and then disappear. You are the one who will be the suspect in court because you have no evidence to defend yourself. You became a Notary to make a few extra bucks and now look what happened.

FLORIDA NOTARY: I don’t think I feel comfortable notarizing you.

CUSTOMER: I don’t think I feel comfortable being notarized BY you.

(one month later)

Mr. FIBBS: My house was compromised and I’m out a million dollars. You were the Notary who notarized the transaction. The FBI is investigating and we need to see your journal.

FLORIDA NOTARY: Oh, I don’t keep a journal because my state doesn’t require me to.

FBI: Mr. Florida Notary, please come with us. You are under arrest for identity fraud conspiracy.

FLORIDA NOTARY: But, I’m not in cahutz with anyone. I just notarized a document.

FBI: Yes, but without the journal and a journal thumbprint, you are covering up incriminating evidence which makes you look very suspicious which is why you are under arrest.

Mr. FIBBS: My life is ruined and all because of that damn Notary and the damn Florida Notary Division which doesn’t require the one thing that would have saved my finances — namely a journal with paw prints. Boo hoo hoo. I’ll be in a mess for at least a year and could end up homeless too.

(two days later after paying bail.)

FLORIDA NOTARY: Oh no, my son needs a new kidney and the only place I can get one is in India. I’ll book our flights today and hope I get back in time for my court appearance as a suspect in an identity fraud ring.

RAHUL: Yes, Ms. Frieda Florida Notary Public. We can have your kidney which you have been on a list for two years come in on Friday. It will be no problem. You will need to show up at that Rajeev Gandhi National Hospital in Bangalore on the 3rd. Will that be okay?

FLORIDA NOTARY: Yes, that will be fine.

TAXI DRIVER: Where are you going?

FLORIDA NOTARY: We are going to the Rajeev Gandhi Hospital in JP Nagar in Bangalore.

TAXI DRIVER: That will be 80 rupees. Meter broken.

(ten minutes later there was a terrible crash.)

FLORIDA NOTARY: Oh no, we’ve been in a deadly car crash since we were dodging that elephant to the right and that ox to the left. My son is dead. And this cab has no seatbelts. You Mr. Taxi Driver are responsible for my son’s death because there are no seatbelts in this vehicle.

TAXI DRIVER: Oh no, you see in India, we are not LEGALLY REQUIRED to have seatbelts. So, you see it is not my fault. Accidents happen, what can you do?

FLORIDA NOTARY: Now my life is ruined because of that damned taxi driver and the damned Indian government for not requiring thumbprints.

(coincidentally, the driver carrying the kidney was in the car that crashed into Florida Notary and was also killed because he too was not wearing a seatbelt, and the kidney went flying out the window and ended up on the back of an elephant.)

TAXI DRIVER: Yes, Mr. pharmacist, I need some holistic remedy to a bug infestation in my house. What do you recommend?

PHARMACIST: There is tea tree oil. It is not expensive and microscopic insects are often killed from it.

(the taxi driver uses the tea tree oil and has a horrible reaction to it that ends him up in the hospital for two days.)

TAXI DRIVER: Hey, that oil you sold me is toxic to humans and you did not warn me.

PHARMACIST: The government of India, and coincidentally America does not regulate this type of products. You buy at your own risk.

(meanwhile Mr. Fibbs and his wife move to India since they lost almost all of their money in the identity theft and get exactly the same taxi driver that the Florida Notary did.)

Mr. FIBBS: Taxi! We are going to the Himalayas to live. We lost almost all our money because of this damn Notary. Can you believe it?”

TAXI DRIVER: Was she about 5’10”, dark hair and really annoying, with a thick Florida accent?

Mr. FIBBS: Yes, that was her. Why. Do you know her?

TAXI DRIVER: Never seen her in my life. No just kidding. She was in our car when a bus came out of nowhere and I had to swerve to the left and there was a terrible accident. This type of thing happens a lot in India. Maybe I’m telling you too much.

Mr. FIBBS: Well that woman deserves to die.

TAXI DRIVER: Funny that you mention that. And by the way, what do you do for a living?

Mr. FIBBS: I give investment advice.

TAXI DRIVER: Oh, I know somebody who needs advice at the pharmacy.

PHARMACIST: Yes, Mr. Fibbs. I am wanting to know, which US stocks are you liking?

Mr. FIBBS: You could pick a good index fund, but my favorite is Cola Cola stock. They have a good business model and solid management. I would put most of my money in that stock if I only bought one stock.

PHARMACIST: You saved my life.

(two weeks later coca-cola stock crashes, Mr. Fibbs and his wife decide it is better to be paupers in America then live in India under any circumstances and our characters all meet again.)

PHARMACIST: Mr. Fibbs. You are back. But, I have lost all my money. Coca-Cola stock crashed. You have given me very bad advice. Very very bad advice. You are a very very bad man.

Mr. FIBBS: First of all, Coca-Cola is a very solid company. But, you can’t buy a stock and sell it on a whim under unfavorable circumstances or you could lose your money with any stock. And second, I am NOT LEGALLY REQUIRED to back my investment advice. It is just an opinion and not an intrinsic truth. I am not a psychic.

PSYCHIC: Did someone call? I can tell you your future. You will be broke and die in misery. 50 rupees please. I need a new turban. This one makes me look fat.

ALL WATCHING: Get lost!!!!

PHARMACIST: You ruined my life. You damned investment advisor and your damn American laws not requiring that you take responsibility for what you tell people.

TAXI DRIVER: Well you almost ended my life with that tea tree oil without a warning.

FLORIDA NOTARY: (who came out of nowhere) well you ended my son’s life because you didn’t bother having seatbelts. It wouldn’t kill you to invest a thousand rupees to save someone’s life.

Mr. FIBBS: Well you ruined my finances by not having a journal. It costs $15 to have a journal and another $16 to get a thumbprinter from the NNA. I know this because I was so upset with you that I decided to become a Notary. But instead of being a shoddy Notary, I decided to become the most thorough Notary in the world besides Jeremy at 123notary.com who by the way is an ex-Notary, but a very thorough ex-Notary.

TAXI DRIVER: I guess we all ruined each others lives. Perhaps it is our karma that we should meet under such unfortunate circumstances.

GURU: I have been observing this entire conversation and situation for the last month and it is in deed very karmically perplexing, complex and yet still deeply interesting. I have only one more thing to say.

TAXI DRIVER: What’s that?

GURU: Tag — you’re it!!!!!

.

You might also like:

I was forced to forge my own signature in India
http://blog.123notary.com/?p=19306

Indian Notaries having an arranged marriage
http://blog.123notary.com/?p=19222

Notary Indian tandoori restaurant
http://blog.123notary.com/?p=16497

30 minute Islamic prayer break at a signing & other stories
http://blog.123notary.com/?p=16185

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June 13, 2012

Florida e-notary rules

Florida e-notary rules
http://notaries.dos.state.fl.us/education/elecnot.html
The information in this link is very hard to follow or understand.  It looks like all Florida notary public applicants must be trained in notary rules as well as e-notarizations before they can be commissioned at all. I didn’t see any restrictions as to who could do e-notarizations, so I will assume (perhaps incorrectly) due to the lack of clarification that any Florida notary with an electronic journal can perform an e-notary act.
 
Here is an interesting excerpt:
“Notarization and Acknowledgment
(a) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized by applicable law to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Neither a rubber stamp nor an impression type seal is required for an electronic notarization.
(b) A first-time applicant for a notary commission must submit proof that the applicant has, within 1 year prior to the application, completed at least 3 hours of interactive or classroom instruction, including electronic notarization, and covering the duties of the notary public. Courses satisfying this section may be offered by any public or private sector person or entity registered with the Executive Office of the Governor and must include a core curriculum approved by that office.”

You might also like:

What can an e-notary do?
http://blog.123notary.com/?p=2706

The pros and cons of eNotarizations
http://blog.123notary.com/?p=3672

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November 28, 2011

Florida notaries with complaints

Notary Public Florida: a complaint story
 
Here is a complaint from soneone who used a particular Florida notary:

This is the first time we have used this Florida notary public for a closing. The Notary made a mistake on the documents where she had the borrower date everything 5/7/2011 instead of 7/5/2011 which was a notary mistake that ended up costing the broker $1000.00. Two weeks after the closing the notary called the title company directly demanding her payment of the full signing fee because she had bills to pay. She threatened to sue everyone involved with the transaction even though we were the company that hired her. This Notary was very unprofessional. The Notary was paid at 30 days by our company.
 
The notary claims that the borrower signed the dates incorrectly and that she asked the borrowers to put the correct date, but they refused.  Then, the Florida notary claimed that the borrower wouldn’t sign where it said borrower, because she considered herself to be the co-borrower. Additionally, the notary claims that the borrower was very rude and condescending to her. The notary claims that she spent two hours at the signing and that the borrower couldn’t read the small print and wouldn’t cooperate. It is hard to know who is right or wrong here.  Was this a notary mistake or just the borrower acting crazy — or both?
 
The bigger issue is that the notary threatened to sue everyone before her payment was even late. It is professional to allow people 45 days to make payment before you start making legal threats.  Also, suing someone for $60 doesn’t really make sense in the real world.
 
Another Florida notary public wrote a complaint about 123notary.
The notary was late confirming her listing, and I called the notary to see if she was still alive and in business.  We have notaries move, quit, and end up in the hospital, and die all the time without even informing us. If I ever die, I will have the consideration to inform everyone within (5) business days. In any case, I called this Florida notary’s phone, and her message stated that she was no longer doing loan signings.   I assumed from this message that she was out of business as a mobile notary — boy was I wrong.  Rather than contacting me and politely informing me that she was still in business, she started slandering us on forums telling the world about the horrible crime that we had commited by temporarily removing her listing.    She created all types of drama over nothing.  I think that her MISLEADING phone message should have stated that she is still doing mobile notary work, but not doing loan signings.  That way, anyone calling her about work would have a clear impression that she was still in business. I hate being blamed for other people’s bad communication skills. People need to take responsibility for their own incompetent actions.  In any case, her listing went right back on the minute she asked me to reinstate her.  Unfortunately for her, I documented her zany behavior in the review section.  I stated that she committed no acts of misconduct, but created an unnecessary drama over nothing!  This case was  a business mistake on her part, not a notary mistake, but it is still ridiculous!

You might also like:

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

I make mistakes too
http://blog.123notary.com/?p=3639

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November 4, 2010

The Florida Notary issues and quirks

Florida Notary Issues and oddities

Understanding a document
A Florida notary public is NOT required to be able to read all documents being notarized by them, but the signer must be able to read the document. The document must either be in English, or a language the signer can read. This is differently worded from many other states. In California, the notary must be able to communicate directly with the signer, but does not need to understand the contents of the document, nor do the contents need to be in English.

Foreign language signers
The notary must be able to communicate directly with the signer without the help of an interpreter in California. So, if the signer brings their children along to help translate, the notary must decline the job unless direct communication is possible. But, in Florida, the statutes do not specify that the notary and signer must be able to directly communicate, but specify that the signer must have the document translated into a language they understand in order to qualify to get their signature acknowledged.

Verifying a VIN #.
Another unusual official act of a Florida notary is to be able to verify a VIN number on a vehicle. The maximum charge for this is $10 per notary act.

Drafting documents
Other states simple forbid notaries from engaging in legal advice, but don’t spell out exactly what legal advice could consist of. A notary public in Florida is expressly forbidden from drafting any type of document for a client — both legal documents and less formal documents. A legal document is often described of one that might be used in court or submitted to a judge or attorney. Additionally, a Florida notary must not fill in blank spaces in documents as that also constitutes unauthorized practice of law or legal advice in FL.

The Florida Notary Manual page 58 states that a Florida Notary should only sell legal forms and type up documents written by their customers.

Disabilities
A notary in Florida may sign on the behalf of a person with a disability if the disabled person requests. Nobody has ever mentioned any rule like this before on any of our forums.

Notarizing for minors
The state of Florida allows notaries to notarize for minors and should ideally document the minor’s age next to their signature.

Incompetency
A notary may not notarize for an individual who doesn’t seem capable of understanding the meaning of the document being notarized.

Marriages – I do!
Florida notaries may solemnize marriages if the couple provides a marriage certificate. ME, NH, and SC, plus one parish in LA are the only other states we have heard of that allow notaries to conduct marriages, but they need a special extra license in NH to the best of our knowledge. The notary may make up their own verbiage for the marriage, and then complete an official certificate for the marriage.

Also Read: Letter to the Florida Notary Division
http://blog.123notary.com/?p=19896

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