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February 18, 2019

Notary Oath of Office Information

Filed under: Technical & Legal — Tags: , — admin @ 10:40 am

Some states require a Notary Public to take an Oath of Office. The verbiage of the Oath changes from state to state. What you need to know is that you have to swear under Oath to a statement in front of a Notary Public. This is normally done in the county clerk’s office. Then you file your Oath which is in the form of a document that has been signed, sworn to and notarized — you file that with your county clerk and pay a small fee for their service.

The oath and bond must be filed with the county clerk within 30 days of the beginning of your commission in California.

Here is some sample wording for a general Oath of Office

State of California
County of Los angeles
I, (name), do solmenly swear (or affirm) that I will support and defend the constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear the faith and allegiance to the Constitution of the United States and the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to ender and during such tim as I hold the office of (name of office).

Signature _______________

Subscribed and sworn to before me (name of notary) by (name of affiant) this ___ date of month, year.

You might also like:

Filing your Oath & Bond in California
http://www.sos.ca.gov/notary/checklist/bond/

Notary Public Oath of Office information 2012 edition
http://blog.123notary.com/?p=2545

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February 15, 2019

Notaries who fail the California Notary exam

Failing the California Notary Exam
Did you fail your California Notary Exam? I passed it many years ago. I studied about 30 hours to make sure I passed the first time. I was nervous and so afraid that I would forget something. We were instructed to bring a see through plastic bag and put particular objects in that bag such as a pencil and a few other things.

The California notary exam is a a lot harder now than in 1997 and 2001 when I took it. The questions are harder, and the multiple choice questions are close variations of each other making it hard to spot the correct answer unless you know your stuff intimately. So study hard. You need to study from the California Notary Handbook but also there are updates on the newsletter from the California Notary Division.

The state carefully hides their questions so you won’t know what is coming unless you know someone who wants to share answers with you. You need to know your notary acts, fees, procedures and application process inside out or you will fail. I believe they allow seven wrong out of thirty, but the questions are so hard that is still not easy.

There are a lot of notaries failing the test and there are fewer Notaries in the state of California as a result. On a more pleasant note, the quality of Notaries in California is far superior to all other states. I know because I test people by phone on notary procedure since I run a notary directory.

You might also like:

Has anyone failed the notary exam?
http://blog.123notary.com/?p=1999

NNA certified signers who failed our test
http://blog.123notary.com/?p=892

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February 10, 2019

Proof of Execution

Filed under: Notary Acts & Certificates — Tags: , — admin @ 10:48 am

What is a Proof of execution? This is an unusual Notary act that few Notaries have ever done. Yet it is allowed in roughly 45 of the 50 states. A Proof of Execution is an act where a Principal signer signs a document in the presence of a Subscribing Witness. The Subscribing Witness then soon after swears under Oath before a Notary Public that the principal signer signed the document in their presence. This type of notary act is prohibited for Deeds and Powers of Attorney, but for less critical documents is allowed.

You might also like:

Proof of Execution and basic notary acts in Notary Public 101
http://blog.123notary.com/?p=19500

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

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Glossary Proof of Execution
http://www.123notary.com/glossary/?proof-of-execution

Glossary Power of Attorney
http://www.123notary.com/glossary/?power-of-attorney

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February 4, 2019

Compilation – Best blog posts from 2010

Filed under: Compilations — admin @ 6:10 am

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TOP

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

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MARKETING

Stories of Notaries who fail and what they did wrong
http://blog.123notary.com/?p=143

Bilingual Notaries – how often are they needed?
http://blog.123notary.com/?p=238

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

Notary etiquette from A to Z
http://blog.123notary.com/?p=300

2010 version – everything you need to know about notary advertising
http://blog.123notary.com/?p=30

Getting Paid the ins and outs
http://blog.123notary.com/?p=27

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SOCIAL

Welcome to the 123notary Blog
http://blog.123notary.com/?p=1

Social Media – what we are doing
http://blog.123notary.com/?p=3

Funniest things that happen to signing agents
http://blog.123notary.com/?p=55

TECHNICAL

Confirming the signing
http://blog.123notary.com/?p=19

Just say no Article 3
http://blog.123notary.com/?p=376

Hospital Notary jobs from A to Z
http://blog.123notary.com/?p=76

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

Signature by X
http://blog.123notary.com/?p=203

911 and California Law Changes
http://blog.123notary.com/?p=212

New laws for Notaries in Illinois
http://blog.123notary.com/?p=198

Jail Notary jobs from A to Z
http://blog.123notary.com/?p=151

Credible Witnesses – When ID and docs have different names
http://blog.123notary.com/?p=230

Typical Things Notaries do Wrong
http://blog.123notary.com/?p=58

Meeting clients at a jail
http://blog.123notary.com/?p=274

12 points on eNotarizations
http://blog.123notary.com/?p=228

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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

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

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

Can a notary act as a witness?
http://blog.123notary.com/?p=21359

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Keywords:
Credible Witness Notary
California Notary Credible Witness
Credible Witness for Notary
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Credible witness acknowledgment
Credible witness affidavit for California
2 Credible Witnesses
Affidavit of identity by credible witness
CA credible witness requirements
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California credible witness Notary
California notary how to acknowledge two credible witnesses
California swearing in a witness
California Notary credible witness form
California Notary Oath of credible witness

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January 29, 2019

Can a Notary go to jail for Notary fraud?

Can a Notary go to jail for Notary fraud?
Can a Notary go to prison for Notary fraud?

Notaries very rarely end up in jail. There are many illegal things that Notaries to almost daily. However, the law seems to rarely catch up with them unless a crime is committed where there are damages. Additionally, if the crime was committed with intent to steal, embezzle, or harm someone, the Notary would be in a lot worse trouble.

Notaries typically do not administer Oaths for Jurats. Those that do, typically administer an Oath in my opinion incorrectly. I test Notaries regularly and this is how I know. It is illegal to sign a Jurat that makes you claim that you supervised an Oath when in fact you did not. That might be considered perjury, although I am not an Attorney and cannot say with any certainty. However, Notaries very rarely get in trouble for omissions in their duty.

The only time I have heard of a Notary going to jail was one who assisted in fraud involving real property. The Notary falsified paperwork, probably Deeds of some sort and helped someone steal someone else’s property. That Notary got put away for a long time.

However, Notaries end up in court regularly for things that signers did fraudulently. Some signers alter documents after they were notarized. Other signers committed identity fraud. Once in a while, someone will forge a notary seal and pretend to be a particular Notary. It is common those these acts of fraud to result in a Notary being supoenaed to court or at least being investigated.

So, unless a Notary does something intentionally to cause financial harm to another person, it is unlikely that they will end up in jail — but, then.. who knows…

You might also like:

All mortgage fraud is investigated by the FBI
http://blog.123notary.com/?p=20995

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

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January 28, 2019

Can a Notary Act as a Witness?

Can a Notary act as a witness? Yes.
Can a notary be a witness? Yes.

However, there are many types if witnessing that a Notary could engage in.

1. Witnessing an Acknowledged signature
A notary could witness a signature as part of an Acknowledgment in certain states. Most states do not require the Notary to watch the signer sign for an Acknowledged signature, but six states do.

2. Witnessing as an official notary act
Witnessing is an official notarial act in a handful of states. Notaries can get paid a fixed maximum state mandated notary fee for witnessing a signature. Delaware Notary statutes allow this as an official act, other states do not.

3. Witnessing in their individual capacity
Witnessing a document signing as an unofficial act can be done by any person in sound mind who is eighteen years of age or older. However, many prefer to hire a Notary Public to do this in their capacity as an individual simply because people prefer to have a Notary deal with issues relating to signing documents. How much can a notary charge for being a witness? There is no set charge except perhaps in Delaware.

4. Witnessing a Will
Wills can be notarized, however, most Notaries are advised that it is not proper to notarize a will without written instructions from an Attorney. Living Wills are a different story as those function more similarly to a specialized medical power of attorney. Many people like to have a Notary be one of the two witnesses to a will signing. In Vermont I heard that they require three witnesses. For mafia signings regardless of what state it takes place in, they normally prefer — “no witnesses.”

5. Credible Witnesses / Credible Identifying Witnesses
A Notary cannot act as a credible witness if they are notarizing a document for someone. However, they can use the testimonies of one or two credible witnesses depending on the situation in most states. You can learn more about credible witnesses on our blog.

6. What is a subscribing witness?
Notaries typically use subscribing witnesses for Proof of Execution signings and Signature by X or Signature by Mark signings where the signer cannot sign their name. Subscribing means signing, so a subscribing witness is one who witnesses a person signing their name.

7. Which Notary act requires witnessing?
A Jurat requires the signer to sign in the physical presence of the Notary Public as well as swearing or affirming under Oath to the truthfulness of the content of the document in the presence of the Notary. The Notary Public should be watching when the signature is made.

8. Witnessing crimes
It is possible that a Notary might witness a crime during their work hours. It is possible they might observe someone being forced to sign under duress, or even someone being kidnapped. Notaries are often asked to go to jails to notarize criminals, but the criminal would not be in the act of a crime in jail — probably. Signers might ask the notary to falsify a date, and asking the notary to engage in fraud is a crime in itself in many states.

You might also like:

Credible Witnesses — the ins and outs
http://blog.123notary.com/?p=19634

Subscribing witnesses explained
http://blog.123notary.com/?p=16707

Witnessing the intake forms in Notary Heaven
http://blog.123notary.com/?p=8832

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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January 23, 2019

What are Mobile Notary Fees?

The states decide what a Notary can charge for Notary services, but few states have rules for what a Mobile Notary or Traveling Notary can charge for mobile services and waiting time.

Notaries in most states (NV & MD have restrictions I’ve heard) can charge whatever they want for Mobile Notary Fees. There are many factors that determine a Notary’s fees. I will list these factors below. Rates generally range from $20 to $50 for mobile fees plus notary fees which differ by the state.

Experience
Notaries with experience typically set their rates higher. The fee depends on how desperate or arrogant they are. Rates can really vary, so shop around. But, realize that getting the best rate is not always the best idea because knowledge and experience count. Also note, that years of experience rarely translate into knowledge. Most Notaries are show offs and typically brag about how many years they have been doing this job. But, when you drill them on knowledge, you might find out they have about the same knowledge as someone doing this for two years who reads Notary tutorials and handbooks regularly. A word to the wise!

Distance
Notaries charge for distance. Some calculate distance based on miles, while others focus more on how long it will take. Others charge by what county you are in or what particular area you are in. It will save you money if you find someone close.

Time of Day
If you hire a Notary during the day, there are more Notaries operating, and the price is lower. If you want a Notary to go to a hospital at 3am, you might be looking at paying double or triple the normal fee. Sometimes the Notaries who offer 24 hour service will yell at you and ask, “Why are you calling me so late? Do you have any idea what time it is?”

Type of Job
If the job is a document signing or loan signing the price will be more of a standard price. Most Notaries do loan signings for $70 to $110 unless they consider themselves to be fancy in which case the price would be $125 to $175. Hospital and Jail jobs cost more because there is more involved, more legal risk, more waiting time, and the clients are normally more difficult. Additionally, since fewer Notaries will do hospital and jail signings, the price by default goes up.

Printing
If the Notary needs to print or fax anything the price goes up.

Waiting Time
If you keep an experienced Notary waiting, they will normally want to get some sort of compensation for their time. Some have a set rate while others have a very foggy idea of what to do if you keep them waiting. Try to be prepared so you don’t keep anyone waiting.

Legal Advice
Please do not ask a Notary for legal advice. They are not authorized to give any, and you will not get good information from a notary about legal matters anyway unless they are an Attorney Notary. Ask an Attorney who is competent and specializes in whatever your question is.

Document Drafting
Ask an Attorney where to get your document drafted and what terms to put in it. Notaries should not help in drafting documents unless they are legally authorized to do so which is rare.

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You might also like:

A comprehensive guide to Notary pricing
http://blog.123notary.com/?p=16504

How much does a Notary charge in 2019?
http://blog.123notary.com/?p=21308

Best humorous Notary Posts
http://blog.123notary.com/?cat=3241

If you overcharge — notary fines and penalties
http://blog.123notary.com/?p=6903

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January 19, 2019

Notary Etiquette 104 – Contents

Filed under: Etiquette — Tags: , — admin @ 1:26 pm

Doing well in the Mobile Notary business involves more than just stamping documents. You have to be on time, develop contacts, do more than claim to know what you are doing, and use proper etiquette. 123notary has written many articles on Notary etiquette before, but this one is a course with multiple sections that is intended to be a well organized reference guide.

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CONTENTS

1. Phone Etiquette for initial calls – http://blog.123notary.com/?p=21134

2. Confirming the signing & At the signing – http://blog.123notary.com/?p=21136

3. General Etiquette Tips – http://blog.123notary.com/?p=21197

4. Answering questions the way they were asked – http://blog.123notary.com/?p=21138

5. Miscellaneous – http://blog.123notary.com/?p=21142

6. A humorous guide to Notary etiquette – http://blog.123notary.com/?p=21208

7. Relevant links about etiquette – http://blog.123notary.com/?p=20505

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January 18, 2019

Notary Etiquette 104 — Miscellaneous

Filed under: Etiquette — Tags: — admin @ 10:32 pm

MISCELLANEOUS NOTARY ETIQUETTE TIPS
Return to Table of Contents for – Notary Etiquette 104

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1. Don’t sell people’s signatures or personal information.
It is bad manners and possibly illegal, and definitely unethical to sell or distribute anyone’s private information.

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2. Don’t second guess family relationships.
I once thought the wife was the guy’s mother. Oops!

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3. Handling criticism
Notaries can get very rude or defensive if criticized. The psychology of a Notary is one who claims they know everything when in reality they typically know about 30% of what they need to know and manage to get by with this sub-minimal knowledge. If you make a mistake and someone calls you out on it, don’t argue, just try to understand what you did wrong or allegedly did wrong and learn from that experience. I sometimes quiz Notaries by phone and they get very hostile when I tell them they made a mistake. You won’t learn to be smarter or impress your clients by getting belligerent when criticized — treat it like a learning experience and it might just better you.

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4. When to call the Lender
Some Notaries will call the lender if they don’t know if they should sneeze or not. Calling the lender can end up in a forty minute phone call. You will have trouble getting out of the house where the signing takes place if you call the lender. So, only call if you absolutely have to. In the 30 point course on our blog we have a chapter all about when to call the lender and when not to.

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5. Is it rude to ask for a thumbprint?
This is a topic of debate and even hostility with the Notaries. For your safety you need to take thumbprints. But, many Notaries think that it is not only unnecessary but bad to take a thumbprint because what if you offend someone? I am more concerned with what happens if an imposter drains the equity in someone’s house, the Notary ends up in court for two months without pay, and someone goes to jail. To me that scenario weights a lot more heavily than if someone is offended because you ask them for a journal thumbprint. If the FBI is investigating you because you notarized an identity thief, the falsified information, fake name, fake ID, and fake serial number from the ID will lead the FBI nowhere and they can name you as a suspect in a conspiracy and you could end up in huge trouble. A thumbprint could save your life, so take it seriously.

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6. The document is not in English
You need to refer to your state’s notary laws. Many states will allow you to notarize a document in a foreign language providing the signer understands what they are signing. If you are going to upset someone by saying no to a transaction, make sure you have the right to turn down the transaction before you ruin their day.

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7. Notarizing the elderly
If you are notarizing people who are very old, or in a hospital, ask them some polite questions about current events. Make sure they know who they are, what the document means, and if they know who is in the White House these days. Some people are out of it, so find a nice way to drill them a little bit.

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8. Rude posts on social media
If you think that nobody is reading your social media posts, think again. There are a lot of very hostile and psychotic Notaries out there who are bashing all types of Notary companies including our own. This is rude and belligerent behavior. Many title companies will not hire Notaries who are involved in this type of behavior.

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9. Being obstinate about answering questions.
When companies ask Notaries Notary questions, many Notaries do not want to answer. They feel they are professionals and therefore should not be questioned. The sad reality is that most Notaries do not have a solid notary knowledge and that is why those questions are a necessity. So, be polite and just answer a few questions without trying to wiggle out of it.

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10. Answer emails and phone messages fast.
Keeping people waiting is very rude. Try to get back to people as soon as possible.

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