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September 16, 2018

Index of posts about Journals

Here is our index of posts about Notary journals

Notary Public 101 — Journals
This is a more comprehensive guide to understanding using Notary journals although we do have supplemental reading as well.
http://blog.123notary.com/?p=19511

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Everything you need to know about journals
123notary.com/?p=70

How many journal entries do you create if you have two signers each signing three notarized documents?
http://blog.123notary.com/?p=19391

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

Journals with check boxes
http://blog.123notary.com/?p=19373

Do journals need to be kept under lock and key?
http://blog.123notary.com/?p=2461

What is someone signs the wrong line in my notary book?
http://blog.123notary.com/?p=19324

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

Five things a Notary must do
http://blog.123notary.com/?p=19583

Why keep a journal?
http://blog.123notary.com/?p=19377

NNA is a great place for 1-stop notary shopping especially journals
http://blog.123notary.com/?p=13632

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September 5, 2018

An idea for safeguarding used notary journals

If you are a California Notary, you are required to safeguard your current journal and keep it under lock and key as well as your Notary seal. However, the used journals that stack up in your closet are not required to be locked up. This poses a problem. What if there is a fire, flood, or you lose them, or they get stolen?

I talked to my father, a retired programmer and retired Attorney. He thought the books should be returned to the county clerk. I told him that would be a bad idea because sometimes there are inquiries about journal entries and the county clerk might be sluggish about responding to queries.

Another solution could be to have local lock boxes for Notaries spread out throughout each big county. That way the Notary can keep their journals safe in a lock box exclusive to them, but have access without having to drive more than a few minutes. They could put copy machines in those storage facilities too. It is an expensive idea, but safeguards the integrity of our profession. What do you think?

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March 11, 2018

If you have 2 signers each signing 10 Grant Deeds

Filed under: Loan Signing 101 — Tags: , , — admin @ 11:20 am

If you have two signers each signing ten Grant Deeds, how many journal entries should you create and what should you put in the document section?

Wrong Answer
Just create one journal entry and enter both names of the signers and in the document section put ten Grant Deeds.

Another Wrong Answer
Create one journal entry per signing and put “Ten Grant Deeds” where it says name and description of document. Don’t forget to create a journal thumbprint if you want to safeguard against fake identification.

Correct Answer
Create twenty entries, that is ten per signing. Write the term Grant Deed in the document section as well as some unique identifying information about each Grant Deed such as:

Document date, address of property, APN number, name of grantor, grantee, or anything else that is unique.

Why?
If one of the Grant Deeds you notarized for a particular client ends up in court and your journal is queried, you will need to let the judge know which of your journal entries reflects the one for the particular Grant Deed in question. If you did not keep your journal straight in this respect, there could be a debate as to whether you even notarized that particular Grant Deed or if an impostor did. Your journal is not for fun, but is to safeguard you the Notary, Judges, FBI agents, your clients, and society as a whole.
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You might also like:

Notary Public 101 — Journals
http://blog.123notary.com/?p=19511

Journal abbreviation keys
http://blog.123notary.com/?p=19441

Do you keep a journal to please your state, a judge, the FBI, or 123notary?
http://blog.123notary.com/?p=19483

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December 19, 2017

Do you keep a journal to please your state, a judge, the FBI, or 123notary?

Most Notaries do not keep a journal because their state doesn’t require it. This is a mistake. Your journal is your only evidence in court. Many Notaries who list with us end up in court. However, since most of our Notaries keep some sort of journal records, their time in court is normally just a visit to the judge’s chambers where the judge might dismiss the case due to good evidence provided by the Notary.

Some Notaries keep a journal, but do so in a fashion I call minimal, where they do not keep the book according to NNA best practices and do not record thumbprints. Since their law might not require any journal, the Notaries often figure that they are already doing more than necessary so why do the maximum?

The answer is that your journal thumbprint which most of you refuse to keep is the ONLY way a judge or investigator can figure out who the signer is in the case of a falsified ID given to the Notary. You don’t know if an ID given to you is real, fake or falsified. But, the thumbprint is real. So you accept ID that can be falsified but refuse to take ID which is genuine — stupid! Take both.

The bottom line is that the real reason you should keep a journal is NOT to please your state (although you must uphold the laws of your state.) California is the only state I have ever heard of who audits people’s journals. If you live outside of California, the chance of your state ever seeing your journal is minimal. However, it is very likely that a judge, an investigator, or the DOJ might need to look at your journal in the case of identity theft. So, keep your journal with the intention of making their lives easier AND making sure that they don’t consider you to be a suspect! Keeping inadequate journal records is suspicious, do don’t be shoddy — be thorough!

Additionally, Jeremy (that’s me) at 123notary is sick and tired of Notaries who are shoddy and don’t keep good records. Keeping a journal is not good enough. You must keep one journal entry per person per document and thumbprint for serious documents such as deeds to please Jeremy. Jeremy wants investigators to be able to catch bad guys, so if you deny them the critical piece of evidence (a thumbprint) to catch the bad guys, then in my opinion — YOU are a bad guy! I would personally throw you in a lion’s den for not keeping a thumbprint if I could have it my way. But, I am not in charge of the world — I’m only in charge of my site.

So, if 123notary gives you a little phone quiz and asks you some questions and we find out that you don’t keep your journal correctly we will deduct points from your score. If we find out you make excuses for your abhorrant behavior, you lose even more points. Why act like a disobedient third grader when nothing prevents you from keeping good books! Only you can prevent forest fires and only you can provide the missing link to catching identity thieves — so do a good job otherwise you will get into a little trouble with 123notary. But, your state won’t care because states other than California don’t seem to take the Notary profession at all seriously! Food for thought!

Summary
Don’t keep your journal to please your state. In real life they will never see it unless you live in CA. Keep your journal using the best practices possible to please a judge, jury, the FBI, KGB, the Mossad, and Jeremy from 123notary. I will penalize you if you don’t keep good books as that reflects poorly on my reputation!

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You might also like:

Notary Public 101 – Journals
http://blog.123notary.com/?p=19511

Do you keep a journal? Don’t wait until you get a call from the FBI.
http://blog.123notary.com/?p=19377

How many journal entries do you use for two signers on three documents?
http://blog.123notary.com/?p=19391

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September 5, 2017

Comparing journal entries to fedex signatures

Believe it or not, most Notaries on 123notary do not fill in their journal correctly. It is not rocket science. The rule is:

One entry per person per document.
Two people each signing three documents = SIX journal entries.
But, won’t that take too much time and use too much of your journal? It will only take a few minutes.

Let’s say that Johnny is signing ten documents that are to be Notarized. You put the date, type of notarization(s), document names, document dates, name of signer, address, ID information, notary fee, etc. Next, you draw an ARROW down for the date which remains the same for all ten entries, the name, address, and ID. Then, the signer has to sign for all ten entries. That takes less than a minute. 123notary suggests thumbprinting whether it is required by your state or not as a security measure to help the FBI when they come a knocking. They are bothering one of our Notaires as we speak (or type) and confiscated her journal. So be prepared!

What most Notaries do is one entry per person. Then, they put all the names of the documents in the document section. They have the signer sign once. This is stupid.

If Fedex delivers five packages to you do you sign once? No, you sign once per package and there is a corresponding tracking number next to your signature so you know what you are signing for. If you have a signer sign once in your journal for multiple documents, they could accuse you of having added more documents after the fact and having used them for fraudulent purposes. You would have no way to contest their accusation as the signer did not sign for any particular document.

The bottom line is to have the signer sign once for each document. That way you have proof that your work was authorized and your journal will then be up to standards. And once again, it doesn’t take more than a few mintues and it’s not rocket science.

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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:

An idea for safeguarding used notary journals
http://blog.123notary.com/?p=20098

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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August 26, 2016

Startup Apps that could ruin the Notary business

If you think that technology is changing faster than you can deal with. You are right. But, the worst part is that new technology is putting a lot of Notaries out of business. Snapdocs makes it easy for companies to find low cost competition. 123notary is getting more clicks than it did when Snapdocs came around, but Notaries are complaining about the low cost competition. So, here are some new startups to watch out for.

Notaryz
This company makes it possible to get notarized via web-cam (not legal in many states) or get a Notary to come to you for $30 plus parking. Notaryz doesn’t encourage tipping, but they don’t forbid it either. If you want a Notary who specializes in loan signing, Notaryz will tell you how those Notaries performed on the standardized test they have. Notaryz will also connect you with 3rd rate Attorneys who can’t get a real job who will give you discounted help drafting Powers of Attorney, permission to travel or other documents without you having to leave your desk. Notaryz is doing some brisk business, however is dealing with some tough competition from “PersynallyAppear” — an app that finds you a Notary who will personally appear before you without any digital signatures or web cams.

Roomyz
Are you upset with your roommate and want to pull a prank on them? Well, this new app called Roomyz is for you. They will play a joke on your roommate, send flowers from a nonexistent admirer, or throw water on them while they are leaving the house. Just download a photo of your roommate, use the dropdown menu to select the prank of your choice, or use the text box to indicate a customized prank, and let Roomyz do the rest. You can select from pranksters with reviews and pay them using our “pay once completed” app. Roomyz will take 15% of the proceeds, the rest if for the agent.

PayMyNotary
This app might be a little more popular with Notaries. If Notary can submit proof that a job was assigned to them and the journal entries to prove that the job was done (or somewhat done) then PayMyNotary will go after the signing company who hired you. They will fax, text, call, send threatening demand letters, contact Title, and even go to the Better Business Bureau. PayMyNotary will even contact collection agencies using the new app “Kullect” to get companies to pay.

Kullect
Kullect will let a Notary choose from hundreds of collection agencies to find the best price and best terms to get signing companies to pay them. Just download the information about the Notary jobs done for a particular company, journal entries, and then Kullect will do the rest (unless the server is down in which case you’re on your own.)

NotaryStandUp
This app sends daily jokes to Notaries that they can tell their borrowers. Every day, you get fresh new jokes, so there is no danger of telling the same joke twice. You might get fired by a few signing companies using NotaryStandUp, but you will laugh all the way through the process and your customers will swear that you are a “Stand Up Guy.”

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You might also like:

Apps that Notaries have never heard of that could change your life
http://blog.123notary.com/?p=16311

New Apps for the iPhone7 that you’ve never dreamed of
http://blog.123notary.com/?p=10977

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January 12, 2012

Backdating from A to Z

Backdating from A to Z for Notaries 

Backdating is the act of putting a fraudulent date on a notarial certificate such as an Acknowledgment Certificate or Jurat Certificate, etc. Backdating is illegal and you can lose your commission, and perhaps face fines or even jail time if your crime is serious enough.
 
It is common for Lenders, or people who work in Title offices to have to close a loan by a particular date, or they will lose their lock and lose the interest rate that was agreed upon.  If the loan MUST be signed by the 5th, but there was a delay in getting the paperwork ready, or the notary couldn’t come until the 6th, then the notary might be asked to backdate!  Gulp!  You will feel pressured to do it to keep the client happy. You will/might lose your pay, and the client if you don’t do what they want — but, if you comply, you could get into legal trouble which could ruin your career or life, and perhaps your afterlife as well.  So, what are your priorities?  Do you want to oben the law and lose a client, or risk it all for a bunch of nitwits who don’t have their act together?
 
If a loan is signed on the 6th, and the journal entries for the signatures on notarized documents are on the 6th, then the date that goes in the journal and the 6th, and the date that goes on the notary certificate wording is also the 6th.  If the signing is close to midnight of the 6th, then you might be able to legally date it the 7th if part of the notary procedures went past midnight.  

Please keep in mind that the document date might be the date of the signing or earlier. The document date can be whatever the document drafter chooses, and it serves little purpose other than to identify the document and distinguish it from other similar documents.

You might also like:

Notarization Dates, Document Dates & Signature Dates!
http://blog.123notary.com/?p=2421

Seal Forgery — it happened to me!
http://blog.123notary.com/?p=724

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