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February 13, 2012

Certified Signing Agent – what does it mean?

There are different signing certifications out there.  There are NNA certified signers, 123notary certified signing agents, and many other agencies have a similar type of test and certification.  But, what does it all mean? 
 
NNA certification is famous, and people think that they are a government agency.  You can learn a lot from the NNA certification process. It is a good use of your time.  My personal opinion is that the test covers much more information than you will ever be able or authorized to use, and that it lacks focus as a result.  I feel it is better to focus on what you will be using daily and to be good at it which is a daunting task for most notaries — believe it or not!
 
123notary’s certified signing agent process
Most NNA certified signers do not want to take another test, and they don’t take ours seriously.  What they fail to realize is that they should not take the test because they like our test.  They should take our test because the visitors to 123notary WILL NOT HIRE THEM as a first choice unless they are certified by us.  Our test is short, not expensive, and to the point.  It is also timed which makes it less popular with the notaries.  A timed test is harder to pass, and that means that you really have to know your stuff and be able to function under pressure.  Most of us can not function under regular circumstances and fall apart under pressure. This is how we separate the ladies from the girls, etc.
 
History of the 123notary certification test
We used to give the test over the phone.  We didn’t have money or technology in those days.  Notaries would say, “Ummmm, ahmmm, I know this”, and think for two minutes when we asked them simple questions about what information is where.  If you have to spend long amounts of time thinking in front of a borrower, they will think that you are an unprofessional idiot, and they will be right.  If you can pass our timed test, that proves that you are motivated, smart, can think under pressure, have a little bit of money, and know your basics.  Passing our test doesn’t mean that you know the subtleties of the profession, but most notaries have enough trouble with the basics which is why we place very little emphasis on the more sophisticated points.
 
Whose test do I take?
Want to be a loan signing agent?  You need marketing.  If you want to advertise with the NNA, then pass their test. If you want to advertise with 123notary, then pass our test.  Get certified by whichever agency you plan to be with — on their jurisdiction (their site).  It is similar to different state laws.  If you are in Ohio, get commissioned by the Ohio notary division, and if you are in Montana, then get commissioned by the Montana notary division.  Don’t tell the Montana notary department that you are ALREADY certified by Ohio, because they don’t want to hear that.

 123notary certified loan signing agents get 3x the business
We tell our clients that they will get 3x the business if they get certified by us.  Our statistics demonstrate this fact.  The smarter notaries get with the program and just do what is necessary, but we get a bunch of arguers who want to spend two hours convincing me that they don’t need the test.  Don’t tell me — tell the hundreds of visitors to our site who refused to call you because you don’t have the certification icon next to your name!

You might also like:

123notary certification gets you more clicks
http://blog.123notary.com/?p=22496

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

Compilation of certification posts
http://blog.123notary.com/?p=16264
 

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February 10, 2012

Power of Attorney at a nursing home

Power of Attorney signing at a Nursing Home
 
This was a signing that was doomed from the beginning. I was a relatively new notary, and hadn’t been burned enough to have any sense.  I was like the cat who hadn’t learned to be wary of crossing the road. On the other hand, during my childhood, we had a cat who regularly sat right on the yellow line in the middle of the road.  Let’s just say that she had a good sense of timing.  My timing unfortunately wasn’t so good this time, and neither was my judgement.
 
A call from a convalescent home
It was a call from a lady in her late fifties.  She seemed like a very normal person.  She was taking care of an elderly lady who had nobody.  Of course, when I got the call, I didn’t have the sense to ask who was going to pay me or how they were going to pay me. This job was so bizarre, that even the most experienced notary has probably never seen anything like it.  So, I went to the nursing home and went in the door.  This place was horrible.  People were screaming and moaning all the time.  Plus the stench was horrible. The nurses didn’t want to open the windows because they didn’t want bacteria coming in.  My news for them is that there would be more bacteria going out than in if they opened the window. 
 
A walk down the hallway.
“Help me…. help me…. will you help me?”.  An old bedridden lady wanted to be turned over. I am not skilled at pampering the elderly, and the nurses were ignoring these helpless victems.  A crazy old man tried to make conversation with me walking down the hall.  This hallway should be called the hall of desperation. I got to the correct room number finally. If only I had brought an oxygen tank so I wouldn’t have had to breath in there. The lady in her 50’s wanted me to have the elderly lady sign a power of attorney document. Neither one of them had a clue how these documents worked. They needed my help filling it out and I told them that I don’t offer legal advice.  So, I had to wait while these crazy ladies took thirty minutes to do what they should have had prepared long before they called me. I neglected to ask them if their document was complete by the way.
 
The finished power of attorney
They kept asking me what to do. I kept saying, “you need to talk to an attorney”. I asked them why they had me come all the way down there when they were not ready to sign a completed document.  I had to teach them what a grantor and grantee was.  I told them that in this other place, they should write what the powers the grantor is assigning to the attorney in fact (grantee).  That helped get them through this daunting task.   Finally, the document was done.  The old lady could hardly sit up, let alone write anything.  She wrote some chicken scratch which was not even ledgable. I had to do a signature by X with two subscribing witnesses with her.   Finally, we were done.

 The payment
The attorney in fact got out a checkbook and proceeded to pay me.  I said, that the check didn’t belong to her, but to the old lady.  The lady in her 50’s said that she had been granted the power to do financial transactions for the older lady and would use the old lady’s check book to write me a check.  I didn’t like this idea. I said that I wanted to be paid in cash please. Neither ladies had a dime on them. So, I took the check, and needless to say it bounced. 
 
Insist on cash
If you do a jail or hospital signing, you will be dealing with very unreliable people a very high percentage of the time. Get your travel fee upon walking in the door before you even meet the signer.  If for any reason you can not complete the signing, you at least have some cash in your pocket.  Knowing how to do a signing by X is a valuable skill that experienced notary publics use if you work with the elderly.

You might also like:

12 questions to ask at hospital notarizations
http://blog.123notary.com/?p=20519

Rules for notarizing a bedridden person

Do you like your job? A major headache of a hospital job.

Dragging the person’s arm

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February 9, 2012

Notary Business Names

Notaries often ask me, should I use a business name?  Do notaries need to register as a business?  Does a notary public have to get a business license? The answer is yes.  Any business, including a home-based notary business needs a business license, otherwise, you might be operating illegally. For a notary to get a business license is not hard, just contact your county clerk’s county recorder office and ask them what the procedure is.  It is generally under $200 and the paperwork is not difficult.  Getting a fictitious business name for your notary business can also be the prerequisite to getting a bank account with your company name on it!
 
But, what to name your notary business? Too many notary businesses have similar sounding names, and they all become one big blur.  We wrote a blog entry all about signing company names which sound similar which is a fun blog entry to read.
 
Yellow Page Names
It is common for notaries advertising in the yellow pages to want to show up at the beginning of their section.  Names like A1 Notary, AAA Mobile Notary, AAAA Traveling Notary, and Aardvark Notary are common. Unfortunately, your clueless customers will get mad when you are not the auto club and tell you to change your name!!!  It happened to me, I know.
 
Glamour Names
Then, there are those who want the glamourous names like Royal Notary, Elite Notary, On Time Notary, and other vanity names.  You could capitize on a character trait such as Integrity Notary, Rapid Notary, or Honest Notary.

 Geographic Names
Geographic names are very good for website optimization.  If your business name is Glendora Mobile Notary Service, then your website will show up very well for local keywords. 
 
 
Personal Names
We have one client who’s business name is Ellen the Notary.  That is easy to remember and very personable too!  Johnson’s Traveling Notary is another example of a personal type of a notary business name. Sam’s Meandering Notary is yet another.

 Unique Names
But, what about more unique sounding names?  I generally recommend either geographically recognizable business names or unique ones. A confusion between your business and some other business with a bad reputation can be crippling!  If it were me, I would really put a few weeks of brainstorming and asking your friends to find that perfect name for your notary business. After you have narrowed it down to a few names, reflect carefully to select the ideal name as you will be stuck with it for a very long time!
 
You might also like:

Compilation of posts about Notary business names
http://blog.123notary.com/?p=21760

Comedic slogans for Notaries listed on our site
http://blog.123notary.com/?p=20410
 
Deceptive identities – Signing Companies with Similar Names

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Business cards for mobile notaries
http://blog.123notary.com/?p=36

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February 8, 2012

Can a notary notarize a birth certificate?

Can a notary notarize a copy of a birth certificate? 

Notaries are advised to stay away from notarizing copies of vital records including birth certificates, marriage certificates, and death certificates.  The state and/or county clerks are in charge of vital records.  Just politely decline when asked to notarize a signature on a birth certificate.  These types of vital records must be certified by the county clerk in the corresponding county.
 
No place to sign!
Additionally, there is no place for a signer to sign on a birth certificate, so how can you notarize a document without a signature?  Conceivably, you could draw up an Affidavit that claims that the copy is a true and complete copy of the original birth certificate.  The signer could sign that affidavit, and you could notarize the signature on the affidavit and give them a quick oath. But, this is not legal in many states in conjunction with a birth certificate.

 What should a notary do?
As a notary, you should know the name of the document that is to be notarized BEFORE you get in your car.  Imagine driving 45 minutes in traffic only to find out that you are going to be asked to notarize a birth certificate. Have fun getting your travel fee in that case when you tell the client, “no can do”. 
 
Fetal Death Certificates?
I never knew this existed until I read someone’s reply to a forum post about notarizing (or not notarizing) birth certificates.  I never knew there was such thing as a fetal death certificate.  How can you give a certificate to someone who has not yet been named?  Do souls have an SKU number?  Was the fetus mature enough to have been infused with a soul yet?  When you study spirituality, you start asking questions like this!  On a brighter note, the fetus will be reincarnated, and won’t suffer much according to a colleague who specializes in past life regression!
 
Refer them to an Attorney
When asked to do questionable or illegal acts, just refer your client to an Attorney so that they can get a professional answer.
 
 
You might also like:
 
Can I notarize a birth certificate – forum discussion http://www.123notary.com/forum/topic.asp?TOPIC_ID=3924

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

The chicken & egg: Birth Certificate problem solved
http://blog.123notary.com/?p=3474

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February 6, 2012

Fraud & Forgery related to the notary profession

Fraud and Forgery in the notary business 

There are many types of fraud that a notary might run into in their notarial career, forgery being one of the more common types of fraud. But, let’s take a closer look at what specific types of things could happen.
 
(1) Someone could forge your seal and pretend to be you.  It happened to me.  Unfortunately for them, they didn’t forge my signature very well, and didn’t copy my style of embossing every page either.  Putting technicalities aside, I bet they were not able to forge my quirky sense of humor either.  Notary seal forgery is not common. In my case, I think they used a really good photocopier.  BTW, a photocopier can NOT copy the RAISED impression of an inkless embossed seal which is why I used it on all of my notarizations.
 
(2) Page swapping — the old bait and switch routine.  I got called to notarize many multi-page documents. I put my embossing seal through all of the pages leaving a raised impression on each page.  I usually did these individually. Sometimes it is better to do all pages together so the seal goes through the same location in each page.  However, the seal comes out more clearly if you go page by page.  In any case, if you see a ten page document where all of the pages EXCEPT for page four are embossed, that would raise my eyebrows.  I have had many situations, where the signer wants me to give them another acknowledgment certificate for a new page they are adding to the document. I tell them that I have to notarize their signature ALL OVER AGAIN, and that is the law no matter how many times you say, “Oh, come on”.  With that attitude you might as well notarize your own signature as a non-notary!
 
(3) Title companies have a common practice of initialing for the borrower if the borrower misses an initial. It is “easier” than sending the documents back to the borrower.  Whether it is signature forgery to forge initials is a matter for an attorney to decide, but it seems pretty illegal to me to engage in initial forgery. I don’t think that anyone audits loan documents to see if anyone is engaging in initial forgery, but perhaps they should — many Title companies might get busted or investigated at a minimum.
 
(4) Refusal to be thumbprinted?  You must be up to something if you don’t want your thumbprint recorded. Maybe you have a fake identification card, right?  You can fake an ID, but you can not fake a thumbprint.
 
(5) Signature forgery.  If someone forged a signature on a document, they will have to have a fake ID and forge the same signature on the ID and in your journal. It would be a tough crime to pull off. I think that nobody in their right mind would attempt this.  Normally, people try to do crimes of fraud in private, and wouldn’t be willing to let other parties see what they are doing, no matter what!
 
(6) Notarizing out of state?  If you don’t have a commission in a particular state, you can not notarize there, with a few exceptions. Military notaries have special rules. A Virginia notary public may notarize out of the state of Virginia, but only for documents that are to be recorded within the state of Virginia. In any case, from time to time we will hear rumors that a notary public is operating illegally in a bordering state where they are not commissioned, and people want us to enforce the rule. I tell them to report the individual to the state notary division where the Notary in question is commissioned.
 
(7) Charging more than the state maximum notary fees is illegal, and charging more travel fee than your state allows (roughly eight states have restrictions for travel fees) can get you in trouble too.
 
(8) Filling out an Acknowledgment or Jurat form when you never saw the signer and never had the signer sign your journal is a really serious act of notarial misconduct.  You can lose your commission and get fined or jailed for this.

You might also like:

Backdating from A to Z
http://blog.123notary.com/?p=2424

Notarizing multi-page documents
http://blog.123notary.com/?p=21423

Penalties for notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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February 3, 2012

Must a thumbprint accompany a notarized document?

Filed under: Legal Issues,SEO,Technical & Legal — Tags: , — admin @ 9:38 am

Must a thumbprint accompany a notarized document? 

To deter fraud in notarizing, thumbprints are sometimes required by law in certain states, but are always a good idea.  California notary law stipulates that the notary must take a journal thumbprint when notarizing signatures on powers of attorney or deeds effecting real property such as Grant Deeds, Quit Claim Deeds, Mortgages, Subordination Agreements, etc.   Other states have their own rules.  Texas has some rules restricting the use of thumbprints, but I don’t know enough about those restrictions to comment.
 
Prevent fraud
As a general rule, if the notary public you use takes a journal thumbprint (many do not bother with this or even own a thumbprinting pad), you have more security.  The thumbprint is proof that nobody faked an ID and pretended to be you, or forged your signature.
 
Serious documents should have a thumbprint
If you are having a serious document notarized, you might ask ahead of time if the notary carries a thumbprinting pad.  They are two inches in diameter and weigh about half an ounce, so it is not a burden to the notary, assuming he/she is prudent about notarizing (that is assuming a lot).
 
Does the thumbprint go on the actual document?
I have never heard of a procedure which requires a thumbprint on an actual document, but it is not a bad idea. You could neatly put it to the right of a signature and document which thumb was used from which individual.  If you are missing a thumb, you can use the other thumb or a finger, just document it somewhere.

You might also like:

Notary Public 101 – identification
http://blog.123notary.com/?p=19507

Notice to title companies about thumbprinting
http://blog.123notary.com/?p=19453

Identification and thumbprint requirements for notarizations
http://blog.123notary.com/?p=4299

Signing agent best practices
http://blog.123notary.com/?p=4315

Notary thumbprints can save your neck
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4939

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February 1, 2012

Do I notarize every page of a document?

Do I notarize every page of a document? 

As a notary public, you notarize signatures on documents.  Generally, signatures are on the last page of a document, and there is some notary certificate wording below the signature section. If there is no notary certificate verbiage when you are notarizing, then you can attach a loose notary certificate with the official notary wording from your state.
 
What if the signature is in the middle of a multipage document?
With longer documents such as affidavits of support, living trusts, and other long documents, you are likely to see a signature in one of the internal pages of the document, and maybe another signature at the end of it, but not necessarily on the very last page.  Where do you attach a loose certificate if a signature is in one of the middle pages of a document?  It is normal to add notary certificates at the end of the document.  It is prudent to indicate on the certificate the page number of the document that has the signature you are notarizing with that particular certificate form.  Other notaries might use one certificate form to notarize all signatures in the document.  Which way is correct?  That is hard to say, but it is cleaner, if you have a separate notarization for each signature on a document that requires multiple signatures from the same person.  There might be separate agreements inside the same long document, making them more like separate documents that have been connected.
 
You can not notarize every page of a document.  However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.  This is a very prudent practice and I recommend it.

You might also like:

Notarizing multi-page documents
http://blog.123notary.com/?p=1706

Can I sign on a different day?
http://blog.123notary.com/?p=2457

Can a notary help draft documents?
http://blog.123notary.com/?p=2047

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

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January 31, 2012

What is Signature by X or by Mark?

What is a signature by X — What is a Signature by mark?
 
Please check your state notary rules to see what is allowed in your state.  Many states allow for people to sign by x, or sign by mark. This procedure is generally only for very frail and elderly people who are bedridden.  We have a number of posts about this topic, and we invite you to view these posts to learn about the details regarding how to get a notary for a bedridden signer, and what the procedure is.
 
Please see these posts for details:
 
Signature by X from A to Z – http://blog.123notary.com/?p=203
 
Dragging the person’s arm – http://blog.123notary.com/?p=610
 
A tale of four notaries in hospitals – http://blog.123notary.com/?p=463
 
Hospital notary jobs from A to Z – http://blog.123notary.com/?p=76
 
 
 
Please note that you need 2 subscribing witnesses for a signature by mark.  Also, the signer of the X needs to be able to sign the X without someone moving their arm for them which is sometimes a challenge.  This type of signing normally happens in a hospital room or nursing home where the signer is bedridden.

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January 28, 2012

Information about various notary procedures

This blog entry will contain links to information about various notary procedures.

Credible witness notary procedure
Credible Witnesses from A to Z
 
General notary public procedure
There are various types of notary acts which are common such as Jurats, Acknowledgments, Oaths, and Affidavits.  Please click on the link of the notary act you are interested in.
 
Jail signing Procedures
Jail signings are not that different from other signings except for the fact that inmates typically do not have identification that is acceptable to notaries.  The next difference is that the person who coordinates the jail signing and meets the notary at the jail is generally a relative, girlfriend, or attorney for the inmate, where most notary jobs are booked by the signer themselves.  It is possible that inmates could be moved from jail to jail which is another issue. Please read out blog about jail signings.
 
Notarized Affidavit Procedure
An affidavit is a document like any other, and it is generally notarized using a Jurat which requires the signer to sign in the presence of the notary, and for the signer to swear under oath that the contents of the statement / document are true and correct and perhaps that they will abide by the terms in the agreement. Please read our entry about Notarized Affidavits
 

Notary Witness Procedure
Notaries can act as witnesses in their capacity as individuals.  Please see our blog entry entitled,”can a notary be a witness“.  Notaries can notarize signatures of witnesses, and can also use credible witnesses to identify a signer in many states. In addition, there is such a thing as subscribing witnesses for proofs of execution and for signing by x.
 
Procedure for notary by mark
Please see our blog entry about signing by x
 
Procedure for Affidavit of Support
Please see our blog entry about Affidavits of Support. In short this is notarized like any other affidavit and uses a Jurat which requires the signer to sign in the presence of the notary and take an Oath regarding the truthfulness of the document and their willingness to abide by the terms stipulated in the document.

You might also like:

Notary Procedure for Affidavit of Support Documents
http://blog.123notary.com/?p=1421

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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January 21, 2012

Rules for notarizing a bedridden person

Rules for notarizing a bedridden person
 
I have written a lot on this topic, and posts relating to this topic are in the hospital category on the right.  There are no special notary laws for notarizing a bedridden signer. However, there are a few important things to know that are common when notarizing hospitalized or bedridden or elderly signers.
 
The identification must be current
A few states allow an ID to have been issued five years before the date of the notarization, when the ID technically expires four years after it was issued.  However, elderly signers will commonly have an ID that was used between Christopher Columbus’ time and the French Revolution.  If you do a signing for an elderly person (or anyone else), make sure their identification is current before you drive to that location (if you are a mobile notary). 
 
The patient / bedridden person must be coherent and sober
It is common for nurses to drug a patient right before the notary arrives.  Unfortunately, it is not legal to notarize someone who is so out of it that they can’t think or function.  So, if you want that notarization to happen, put the morphine on hold for now! Keep the valium in it’s syringe for now!  Additionally, if the signer can not move their arm to sign, you have a problem. If the signer can not talk enough to acknowledge that they understand the document, you are in trouble too. 
 
Elderly people get scammed regularly – notaries beware!

Elderly people fall prey to all types of scams, and the “nice” people who you assume are the signer’s children could be scam artists who are conning the drugged patient into signing their assets away.  The notary will (could) end up in court if someone gets scammed, so beware, and make sure the signer knows what is going on — or you (the notary) will be very sorry when the justice system hijacks you for two weeks without pay a few months or years down the road. It is not worth it!

You might also like:

Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

What is Signature by X or Signature by Mark?
http://blog.123notary.com/?p=2278

A tale of four Notaries at hospitals
http://blog.123notary.com/?p=463

30 Point course – hospital signings
http://blog.123notary.com/?p=14492

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