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October 5, 2018

Index of posts about Notary Acts

Here is my index of posts about various Notary acts including Acknowledgments, Jurats, Oaths, Affirmations, and more.

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GENERALLY BEST ARTICLES

Notary Public 101 — Basic Notary Acts
http://blog.123notary.com/?p=19500

Oaths — how notaries completely screw them up
http://blog.123notary.com/?p=19369

Airline meals versus Oaths & Affirmations (very interesting and informative)
http://blog.123notary.com/?p=19549

How do I get an Apostille or Authentication?
http://blog.123notary.com/?p=1793

Notary Public 101 — quick review pointers (includes notary act info)
http://blog.123notary.com/?p=19679

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AFFIRMATIONS & OATHS

Affirmations — pleasing politically correct people while offending everyone else
http://blog.123notary.com/?p=19606

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Oaths and the art of improvisation
http://blog.123notary.com/?p=19367

Notary perjury and Oaths
http://blog.123notary.com/?p=6917

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ACKNOWLEDGMENTS

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Notary loses $4000 because fraud adds name to Acknowledgment certificate
http://blog.123notary.com/?p=19477

California Acknowledgment Wording explained
http://blog.123notary.com/?p=8459

Optional information on Acknowledgment Certificate
http://blog.123notary.com/?p=4407

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OTHER

Interesting and uncommon Notary acts
http://blog.123notary.com/?p=483

Information about various notary procedures
http://blog.123notary.com/?p=2268

Which Notary act does not require the personal appearance of the signer?
http://blog.123notary.com/?p=19668

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May 23, 2012

Where do credible witnesses sign the notary journal book

Filed under: Credible Witnesses,Journals — Tags: , , , — admin @ 12:26 pm

Where do credible witnesses sign the notary journal (register)(book)? 

Some states require notaries to carry an official journal of notarial acts while others recommend it, but don’t require it. Some states call the journal of notarial acts a journal, while others call it a registry or a book.  The main thing to remember, is that a good notary journal must be bound and sequential. Each entry must be in chronological order.  Different journal manufacturers make journals differently.  I recommend getting one with a thumbprint section and space to write notes. Most states don’t require notaries to take thumbprints, but for your security as a notary, you need thumbprints to keep you out of court if anyone questions whether the signer was a fraud or imposter.  Thumbprints are a better proof of identity than any other means.
 
The credible witness signs the notary journal in the additional notes section!
They do NOT sign in the signature area!!!  Signature areas are for the document signer, and only one document signer can sign in a particular journal entry’s signature area. If there are two signers, then make two journal entries!  The credible witness must sign in the notes section because there is blank space there.  You should document the credible witness’s identification, phone, and address to be thorough.
 
The notary needs to administer an Oath to the credible witness where the credible witness must swear to the identity of the signer. Make sure the credible witness really knows the signer well, otherwise they are not really qualified to identify someone that they know only as “Ralph”, and don’t even know his middle or last name!

You might also like:

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

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March 23, 2012

Notarization Dates, Document Dates & Signature Dates!

Document Dates 

We had this question as a Facebook competition question. It was fun, but we got too many wrong answers which is a little bit disconcerting.  There are different dates you have to be aware of as a notary. Some are more important than others, and each date has its own function.
 
Signature Dates
The date the signer signs the document is the signature date of the particular signature.  There are cases when a husband and wife will sign the same document, but on different days.  People are busy, and two notaries could handle the same paperwork on two separate days with two separate signers.  Those loans are tricky, and are more likely to have to be redrawn.  Just as long as you get paid, don’t stress!
 
Notarization Dates
The date you notarize someone’s signature is the notarization date.  The date corresponds to the signature, not the document.  A document could be signed by more than one party on different dates.  Or an addendum could be added and signed on another date as well.  Its complicated.
 
Document Dates
This is the question that 90% of the notaries got wrong.  I had very few choices of contestants to put in the drawing to win Starbucks!  The document date is NOT necessarily the date the document was drawn up, although it usually is.  It generally should not be dated after the signing to avoid confusion.  It is often dated the day the signing is intended to happen on, and is often dated the day it was drawn, or sometime in between.  There is no rule governing when the document date can be.  The function of this date is to be an identifying mark on the document to distinguish it from other documents.  Of course, if you have ten documents all entitled, “Affidavit“, to be signed by the same two parties, and all having the same document date, it really doesn’t narrow it down.
 
Your Journal
If you live in a state that doesn’t require journals, please don’t read this paragraph.  Actually, do read it, and get a journal anyway.  Your journal of official notarial acts is your record of all notary acts that you have done in your commission. It is evidence if you ever have to go to court, or if you are ever questioned about a particular act. It adds to the integrity of the notarization and safeguards against fraud, especially when you take thumbprints for all documents (optional, but recommended).   If a fraudulent notarization takes place with someone impostering you, without your journal, you will never have proof that you didn’t notarize that person. Journals keep records in sequential order, so you can go back to July 3rd, 2003, and see that you indeed never notarized Shelly Deeds and her Deed.
 
Backdating
In your career, you will most likely eventually be asked to put a fraudulent date on your notarial certificate which is refered to as backdating. This is illegal, and you can lose your commission as a result, if you get caught.  A lender might need you to date the certificate for the 27th, when its the 28th, so that the borrowers can keep their lock. Its their problem, don’t get involved.  Lose the client and keep out of jail! Please see our blog article entitled “Backdating from A to Z

You might also like:

Leave a few spaces open in your journal

The transaction date = the signature date: Feb 2013 Phoninar
http://blog.123notary.com/?p=4054

How do I fill out a journal entry?
http://blog.123notary.com/?p=1725

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February 21, 2012

All you need to know about notary work

All you need to know about notary work 

There is a lot to know about notary work.  You should visit your state’s notary division website to learn what they want you to know about your state’s notary laws. Regardless of what state you are in, you need to know:
 
Who can become a notary?
Generally state residents who are 18 or older who don’t have a felony conviction or misdemeanor involving dishonesty.  Some states allow residents of neighboring states to apply to be a notary as well.
 
What is the application process to become a notary?
Some states have online applications, while others require you to mail it in. Each state has a different application fee. Check your state’s notary division website for more information
 
What is the procedure to get my official notary seal (notary stamp)?
Most states require the use of a notarial seal, but some states have authorization forms to get your seal.
 
How do I get my notary commission paperwork?
Most states will mail this to you.  Many states require you to file an Oath and Bond at a county recorder’s office, or some other government office in your area.

 Do I need to be bonded to be a notary?
Refer to your state’s notary division website for information
 
What notary acts do I need to know about?
Most states allow notaries to perform notarial acts such as:Acknowledgments, Jurats, Affirmations, Oaths, and Protests.  Some states allow copy certifications for particular documents, and there are other types of notary acts as well that are particular to certain states. Please read your state’s notary division website to learn the details.

 Do I need to keep a journal of notarial acts?
Most states require a journal, but even if they don’t, you should keep a journal for your records in case you are called into court.  A well maintained journal is evidence that can be used in court, or keep you out of court.  You will not remember someone you notarized five years ago, so keep good notes in your journal if something strange happens at the notarization.
 
How do I identify signers?
Generally, a current drivers’s license, state identification card, or password will do.  The ID should be a current government issued photo-ID with a physical description, signature, serial number, and expiration date.  Other forms of identification might be allowed, so please visit your state’s notary division website to learn the details of your state’s rules
 
Attaching certificates.
Notary acts such as Jurats and Acknowledgments require notarial paperwork to accompany the act.  Oaths often do not require a certificate though. Notary certificates come in pads, and you simply fill out the certificate with information about the document and the signer, the date you notarized the document and a few other pieces of information — then you stamp the certificate paper, and staple it to the document.  The document itself might have the certificate on it which means that you do not have to attach a loose certificate.
 
What else do I need to know?
You could learn about how to use credible witnesses, signature by mark, and other types of notary procedures.  You should learn how to take journal thumbprints for your security in identifying potential frauds.  Become an expert on your state notary handbook (if your state has one).  You are responsible for all laws pertaining to notaries in your state.
 
Can a notary notarize outside of their state?
There are some weird exceptions in two states, but as a general rule, you are not authorized to perform notary acts outside of your state boundaries.  If you live near a border, consider getting commissioned in the neighboring state if that state will allow it.
 
How long is a notary term?
Notary terms can range from three years to life, however, the majority of states have a four or five year notary commission term.
 
How do I make money as a notary?
Become a mobile notary, get a loan signing course from 123notary.com, and advertise on our site to get business as a loan signer and mobile notary if your state allows loan signing!

You might also like:

Penalties for Notary misdeeds & misconduct
http://blog.123notary.com/?p=2067

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Where do credible witnesses sign the notary journal?
http://blog.123notary.com/?p=2508

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

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