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May 6, 2018

Index of Posts about Power of Attorney

Filed under: Power of Attorney — Tags: , — admin @ 2:08 am

Power of Attorney – types often created
http://blog.123notary.com/?p=6732

How do I get a notarized Power of Attorney?

How do I get a notarized Power of Attorney?

Notary processing mistakes on Powers of Attorney
http://blog.123notary.com/?p=18958

The Power of Attorney was rejected by a bank
http://blog.123notary.com/?p=6368

POA – Proceed on Alert
http://blog.123notary.com/?p=14661

Notarized Power of Attorney
http://blog.123notary.com/?p=9862

Who are the parties involved in a Power of Attorney?
http://blog.123notary.com/?p=6738

Power of Attorney and verifying capacity.
http://blog.123notary.com/?p=2632

The switching durable power of Attorney
http://blog.123notary.com/?p=19294

Submitted as a double credit document
http://blog.123notary.com/?p=18960

I love Lucy, the Power of Attorney
http://blog.123notary.com/?p=10382

Where can I find someone to draft a Power of Attorney?
http://blog.123notary.com/?p=6766

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September 10, 2016

The Big Con

The Big Con

First, the “sense of urgency”.
Are you available right now, I mean immediately? I have a situation that demands instant resolution. My documents must be notarized and faxed within the hour. The attorneys are, as we speak, waiting for the notarized documents. Very big money is at stake and I will pay for you to cancel any conflicting other jobs. I cannot go into great detail, time is of the essence. How long will it take you to get to my location, only three notary stamps are required. You can also triple your routine fee. You must agree, the situation is extremely urgent and demands your instantaneous response, at any cost.

Second, a smokescreen about details.
I ask the usual what, where and when, what ID he has; and does his ID match the name on the documents. We can go over all of that when you arrive. I need you to depart now to meet me at the FedEx (location given). Instinctively I perceive a nightmare not a dream assignment. I’m not going anywhere until I have more details. I press on for the details. Mixed in with exhortations about instant departure, some details are reluctantly provided. The job is for a deed and related documents. He only mentions that he has “positive ID”, and the notarized documents were drawn by his attorney and has his name.

Third, an odd New York Requirement
My caller mentions arriving in New York solely for getting the documents notarized. Arrival from Boston was only an hour ago. I am told a story that the document can only be notarized in New York City. Now my BS sensor is full scale. Unless I can be convinced that assertion is truthful, I have been told a lie. So, I ask why only in New York City. I am told it is a requirement of the seller of the Boston property. This makes no sense whatsoever. Still intrigued by the caller’s BS, I ask specifically what ID will be shown.

Finally, the big Con is Exposed
I know you are not going to be comfortable with this but the only ID I have with me is a photocopy of my passport! Just a second, I also have my credit card. I ask: am I to understand that you just flew in from Boston, passed airport security with a photocopy of a passport and credit card? Yes, I showed them the documents, and “due to the amounts involved” they accepted my passport copy at Boston airport. My credit card paid for the flight and that was enough for them. They were more sympathetic than you seem to be about my forgetting to bring my wallet with me when I went to the airport.

Well, I now fully understand the situation. It is totally unacceptable to notarize without the original government issued photo ID. Now for some hostility, though still speaking politely. What kind of a notary are you to refuse an urgent request? Not wanting to inflame my caller, I again stress that notaries are subject to regulations; the same as police and taxi drivers – “It would be illegal for me to proceed”.

That ended my involvement with what I perceived to be a Con. Two of the most “powerful” documents that we routinely handle are POAs and Deeds. But, I submit even the most humble of notarized items require full application of all requirements. A “low level” document is a letter of recommendation for the babysitter. Really? I think not. How would you feel being drawn into a situation where your notary work assisted a “monster” obtaining access to a child; and doing something improper? Terrible, of course. Thus, it follows that each time you sign and stamp there is a risk, but that risk can be managed. Wiser heads than mine have established regulations and guidelines for us to adhere to, without exception. It’s never trivial, each notary act is serious, has potential consequences; and must follow the law, to the letter.

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Signing agent pitfall avoidance by mindet awareness
http://blog.123notary.com/?p=13665

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December 29, 2015

The Last Notary

The Last Notary
There are very few of us left. The aliens have been very methodical in their extermination campaign against notaries. I doubt if I will be able to hold out much longer. Not many embossers left. The Notary Resistance sent me only a dozen. They taught the remaining notaries how to use the embossers to lure their hunter-killer drones. The bleary electronic eye fixates on an embosser and seeks to destroy it, and its owner. But the drones were not so smart. An embosser in the open next to a fallen notary could lure them to attack. The resistance taught us how to toss our embossers into the intake and bring the drones crashing down. I’m doomed. There are so many drones and I have few embossers. I will break the prime directive today. This notary journal will survive me and I will notarize my own signature on the last page. I can hear their bird like exhaust; soon my journal will be the last notarized document on this planet.

They attacked our, no; make that my planet; as I’m possibly the last notary. First they used their pulse weapons to short circuit our technology. Some of the older devices survived. Tube radios and ancient tractors were immune. But they persisted. Their agenda was to cause the fall of our economic and social structure. We were resilient; the loss of our machines did not crush us. We simply reverted to an earlier, simpler existence. With the loss of our armed forces, followed by the civil authorities; they thought our civilization was defeated. But the spark of commerce did remain. The drones targeted money and it became too dangerous to use. They were gigantic flying metal detectors, tuned to our coinage. Paper money was also easy for them to track, the very features designed to protect from forgery made that possible. But, still we were not defeated, our commerce, what little there was; managed to limp along, just barely.

Long after the initial attacks and destruction, after the pulse bombs and the destruction of money – they learned of us, the notaries public. As in days gone by, hundreds of generations back in time; again, the notaries public facilitated commerce. The invaders, not being familiar with such a concept had ignored us. Now they are on to us. All of the supporting services of our civilization are long gone. No police, fire, or hospitals; they were early targets. Now they are venting their wrath upon the last civil function that supports our way of life. Contracts, deeds, promissory notes, authenticated documents; only few remain. Thus they hunt us. For by eliminating the notaries there will be no more reliable documents; the final step in the fall of our civilization. They are not content to let us just die off; their plan requires us to be eliminated.

As the Trusted Ones we did everything that was to be considered official. We created birth certificates and marriage documents. We wrote wills and even issued the New Money. There was no one else. Our stamp and embossing was the definition of authentic. Of necessity we passed along our craft to others, and issued them notary public credentials. The invaders overlooked us for many years. Now they are wiser, and we are hunted. It is death to possess a notarized document, and, of course; notaries were killed when located.

I think I am the last notary public. All of the notarized documents have long been destroyed. No replacement policy or procedure replaced them. Our way of life is doomed. Somehow, someway the invaders will be defeated and, perhaps my journal will be found. To my reader in that distant future I bequeath the title of Notary Public; go forth and facilitate the return of civilization.

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80% of success in the Notary business is showing up
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Taking an interest: How interested are you in Notary work?
http://blog.123notary.com/?p=16677

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February 24, 2015

Why Notarize?

Why Notarize?
There is no denying that notarization can be inconvenient. Of course you can easily search by zip code to find a nearby mobile notary on 123notary.com that will go to you. But, even if the process is very convenient; the question remains why bother?

Although some “shorty” notary sections contain only “sworn to before me”; one that meets the complete guidelines of the various states contains much more information. Some contracts or documents may be quite legal in one state but prohibited in a different state. A proper notarization contains a Venue that states where the notarization took place. The venue always represents where the oath was given and notary signature was affixed. It has nothing to do with the content of the document; and, at times, may not reflect where you signed the document.

Almost all notary sections contain the date the document was notarized. Consider a hand written IOU that says the payment is due in 90 days, but does not mention the start date. The notary section’s date is always the date that the notary signed. Attorneys may argue many details, but the notarization date is the date that the parties were given the oath. Lacking any other date, the notarization date would usually be considered the effective date of the document.

Squiggle, squiggle; handwriting is often unreadable. A great notary section will mention by name the person(s) who were notarized, generally in clearly printed block letters. Care must be taken by the notary, when there are several affiants; to mention only those that were given the oath.

Speaking of oath, many do not realize that a sworn statement before a notary carries exactly the same legal standing as testimony in a court of law. The Bailiff “swears in” the witness, exactly the same as the notary oath. False statements on notarized documents are equivalent to lies in the witness stand – the crime of perjury. Take notarized documents seriously!

Back to Why have a signature notarized. In addition to recording in a uniform format the above information; the notary determines the identity of the affiant. Not to an absolute certainty, but by inspecting “government issued photo ID”. A good forgery can fool anyone who is not an expert at examining the specific ID. However, notaries inspect IDs closely, and if there is any evidence of tampering – they will reject the ID. It is the chief duty of the notary to inspect and approve the ID presented and record that acceptance by placing a notary seal and signature on the document.

The “humble notary” is actually a sworn officer (we take an oath to follow the notary laws) of the (in New York) Department of State. As a commissioned officer, we have the legal right, and often the legal obligation, to confirm the identity of the person signing the document. Being impartial, our stamp and signature are accepted as substantiation that the named person did indeed sign.

Information is gathered and recorded, IDs are checked and the notary signs and stamps. Notarization does not make a document valid, legal, binding, or truthful. Those aspects of the document are generally issues for litigation. A notarized false statement remains exactly that, the notarization does not have any relationship to the contents of the document. It does allow the document to be entered in evidence in a court. It makes forgery more difficult, but not impossible. Though not always required, it’s unlikely an unnecessary notarization will void a document.

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What is a Notary Public?
http://blog.123notary.com/?p=6498

What makes a mobile notary a mobile notary?
http://blog.123notary.com/?p=8302

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