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August 23, 2014

Signing with invisible ink?

Filed under: Humorous Posts — Tags: , , , — admin @ 7:31 am

Signer: Can I sign with invisible ink?”
Notary: “Sure, if you don’t mind me using an invisible stamp”

Commentary:
It is not illegal to notarize using invisible ink, providing that the document is also invisible!
By the way, this invisible type of notarization is only “legal” if you also have an accompanying invisible #document

Ghost: Let’s get physical, physical, let’s get physical.
Notary: You want to be physical?
Ghost: Sure
Notary: Your singing sucks. Now, I get to say BOOOOO…

Ghost: You look like you’ve seen a ghost.
Notary: Newsflash, you are a ghost, and I’m looking at you.
Ghost: One ghost said to the other ghost, you look like you’ve seen a ghost
Notary: What are you, a comedian?
Ghost: No, but I do a little ghost writing.
Notary: I’ll pay you with invisible money.

Notary: I bet you can read the invisible ink under this blue light.
Ghost: The funny thing is — to ghosts, the invisible ink is readable clear as day, like glow in the dark. “I can read it just fiiiiiiiiiiiiinnnnnne.”

Tweets:
(1) Q. Can you sign a doc w/invisible ink?
A. If you notarize with an invisible notary seal
(2) Q. Can you sign a doc w/invisible ink?
A. Is the document & notary seal invisible too?

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December 17, 2011

Penalties for notary misdeeds & misconduct!

Penalties for notary misconduct, crimes, and misdeeds 

I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases.  I have only heard of one notary that engaged in a serious crime, and he went to jail.  This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.  However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
 
Asking a notary to do an improper notarization.
This is a misdemeanor.  If it involves real property, then it is much more serious.  Clients might ask you to notarize them using a different name variation that is not documented, or put a false date.  This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door.  So, legally, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen.  If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.
 
Issuing a false certificate
A notary who issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor.  A false Acknowledgment certificate constitutes FORGERY.   Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
 
Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.
 
Failure to get a thumbprint!!!
This is my favorite.  Thumbprints are critical for identifying a signer if fraud is suspected.  Powers of Attorney and Deeds require a journal thumbprint in California.  A fine of up to $2500 per incident would be the penalty.
 
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
 
Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place.  If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!
 
Professional Misconduct
This refers to dishonesty in your professional activities.  The penalty would once again be suspension, revocation, or refusal to grant a notary commission.
 
Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization.  However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client.  The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.
 
Falsely Acting as a Notary
This is a misdemeanor
 
Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY.  This is the most serious type of fraud possible in the notary profession.
 
False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for California notaries is $1500 per incident.  Additionally, such a notary’s commission could be suspended, revoked, or there could be a refusal to issue a commission.  Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising. 
 
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well.  Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public.  Once again, your application could be denied, or your commission could be suspended or revoked for such a crime.
 
Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct
 
Here are some other crimes… I will just list them here, but may or may  not describe the penalties.
 
Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted
 
There are a few others laws that I am not going to mention, but these were the interesting ones…

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April 7, 2011

Notary Now Revisited!

Notarynow Revisited
 
Introductions
This company in Orange County, California has gotten a bunch of complaints recently about a serious situation.  123notary is not going to act as the notary police and remove this listing at the current time.  The above named company has made it a practice to notarize signers over the internet without personal appearance.  One complaint reads that this is dangerous to the public because they will be led to believe that they had had a legal notarization.   Many say that 123notary shouldn’t allow this company to be listed with us and promote fraud. 
 
We are not promoting fraud 
But, I have no hard evidence what this company is doing, or what the various state laws are in the various states that this company notarizes for.  Rather, we publish the complaints about this company, and the customers and browsers can protect themselves by reading the information provided using our review system.
 
New Jersey Notary Laws
A more specific complaint does mention specific notary laws in New Jersey, and how Notarynow didn’t follow these basic minimal requirements of personal appearance which is required in New Jersey for e-notarizations per http://www.state.nj.us/treasury/revenue/dcr/geninfo/notarymanual.htm.
 
The company replies:
We recognize that there is some misinformation about us online about us being some kind of fraud. This includes many people forming erroneous conclusions about what we are actually doing and/or making up elements of the law. We are a company with very long term aspirations, and have several things planned over the next weeks and months to ease these concerns. We respect and encourage professional dialogue, and always welcome feedback on how to make our service better. Go to http://notarynow.com and click support to reach out.
 
My issue
There were many accusations against this company, and the company defended themselves many times when I started asking questions.  However, it took me a month of badgering many people to get a single accusation based on a statute.  The NJ related complaint was that complaint.  So far, Notarynow has not shown me a single statute for a single state including California proving that what they are doing is legal.  I only get vague arguments about how the people accusing them are not attorneys and don’t understand the law.  It looks like Notarynow doesn’t understand the law either, or doesn’t care about the law.  Penalties for illegal notarizations can result in jail time in the worst case scenario.  Fines can be in excess of $1000 per illegal notary act.  For a company doing illegal acts on a daily basis, their bill for fines could be in the millions.

Leaving it to the authorities
Although there have been complaints about this company, none of the complaints have been from customers of the company.  I have not heard from the California Secretary of State either.   Unless I get a complaint from an actual person damaged by this company, I have no evidence of what they are actually doing. I’m going to wait to hear if the government will ask me to stop listing them.  So far I have not heard anything.
 
 Alerts:
The California Secretary of State issued this alert about this online notarization situation
http://www.sos.ca.gov/business/notary/customer-alert.htm

 
Here is some more information
http://www.ripoffreport.com/notary/notarynow/notarynow-illegal-notarizatio-4cd93.htm

http://www.law.upenn.edu/bll/archives/ulc/ulona/2010feb26_standards.pdf
 
http://www.americanbankingnews.com/2011/01/12/notarynow-offers-worlds-first-online-notarization-service/

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