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January 17, 2019

Notary Etiquette 104 — General Tips

Filed under: Etiquette — Tags: — admin @ 3:19 pm

GENERAL TIPS
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1. Dress for success.
Business casual is great. People get complaints more for dressing poorly than for being a horrible Notary. So, go to Men’s Wearhouse first, and then buy that Notary course you were thinking of. And remember — it’s not what you know — it’s how you look! Notaries who show up in shorts and flip-flops get some serious complaints and even a bad review on their profile. In short, don’t dress like me.

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2. Forms you should carry
Carry loose Acknowledgment, Jurat and other certificates in your Notary Carry All Bag that you purchased from the NNA. Carry a thumb printer, wipes, and pens with you. Nothing is worse than a Notary that doesn’t have pens except one who wears flip-flops. Having good professional equipment makes you look like you know what you are doing even more than actually knowing what you are doing.

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3. Arrive on time
Nothing is worse than a late notary other than one who wears flip-flops.

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4. Follow up punctually
If you have to get the FedEx back, do so immediately. Do not wait to drop a package unless you are waiting for a callback. If you wait 90 minutes or more for a callback, consider that title needs their docs back and it might make sense to just drop it. That is a judgment call, so think carefully about it. If you get emails, answer them asap.

You have to be available after signings for up to the rescission date and sometimes later. If you become unreachable after the signing, you will get very serious complaints. The worst complaints we get about notaries are that they were rude, or unresponsive after they had completed work.

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5. Don’t be rude
If someone is rude to you, don’t reciprocate. Your reputation is on the line. You can get penalized for being rude even if the other person deserves it. So, watch yourself!

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6. Animals
If you are uncomfortable with animals in the room with the signing, you can politely ask if the animal can be put behind a firmly closed door. Dog owners assume that since they enjoy Fido jumping over them that it’s okay that Fido jumps all over you — after all, it’s okay because Fido’s a nice doggy.

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7. Where to sit
You are the facilitator of the signing, and you call the shots where people sit at the signing. It is often easier if you sit at the head of the table with husband and wife sitting next to each other. That way when person #1 signs and turns over the document, the second person can turn it over and sign it assembly line fashion.

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8. Tips for Jurats
In a Jurat, the signer has a choice of doing an Oath or Affirmation. Many Notaries today are very politically correct to the point where they assume that the borrower will be offended by an Oath and by default only do an Affirmation. This is offensive to those who want an Oath and also not legal. It is up to the borrower to choose which type of Notary act to choose, so just say,

“To execute a Jurat, we will need a statement made under the penalty of perjury as to the truthfulness of the document… would you prefer to swear under Oath under God or affirm on your honor?”

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9. Leaving a business card
At the end of the signing it is not bad manners to give them a business card. You never know when they will need another notarization.

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10. Do you answer the phone during a signing?
It is generally a bad idea to have phone calls during the signing. Some signing companies forbid this altogether. However, you might not be able to get your next job unless you answer your phone. So, if the phone rings, give the caller a minute before you cut them off. It is rude to answer the phone only to tell someone you can’t talk, and it is rude to the borrowers to have a long conversation with someone unrelated to the loan. This is a judgment call. However, it is sometimes hard to get a chance to talk to a Notary due to the fact they are always busy, because they are either at a signing, between signings, eating, or at church — with notaries this busy there is no good time to talk to them… ever!

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Please Also Read:

Best marketing resources for Notaries. This entry goes over active vs. passive marketing in detail
http://blog.123notary.com/?p=16322

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

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Notary Etiquette 104 — Humorous Edition

Filed under: Etiquette — Tags: , — admin @ 10:11 am

Here is a humorous version of our etiquette course for your laughing pleasure.
Return to Table of Contents for – Notary Etiquette 104

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1. Dress for success
Wearing a smile on your face, but if you are also wearing a polyester jacket from the 70’s with super wide lapels, you might be the only one smiling.

Ladies, if you’re dressed in such a way that on the way to the signing cars pull up to you and ask how much you charge and you say, “$50 for a signing and an extra $25 if it includes eDocuments. I don’t do oral Notary acts like Affirmations though.” — you might need a new wardrobe.

If you wear flip-flips to the signing, you might be able to flip through a lot of documents, but your business will eventually flop.

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2. Arrive on time
It’s okay to be fashionably late if you are going to a cocktail party, but not to a signing.

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3. Animals at the signing
If there is a parrot in the room that says, “Stop forging his signature — bock!” you might want to get out of there. You should avoid doing Oaths for dogs, they prefer to receive Affirmations (or wuffermations). Cats prefer to take a nap on the documents.

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4. Leaving a business card.
When you give clients your business card, if you crossed out the phone number and wrote in a new number in handwriting — it’s time to print out some newly designed cards. If the email address on your business card ends in “aol.com” it might be time to consider retiring.

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5. Answering the phone during a signing
Its’ a bad idea to have phone calls during the signing. It’s an even worse idea to have them hear your heavy breathing. It’s even worse if the phone call is from your borrower’s ex-girlfriend or mistress.

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6. Don’t discuss religion at the signing.
If you start the signing with, “Those damn Quakers, they’re not as friendly as they claim to be, and grey went ou in the 70’s.” — you might be in the wrong profession and should probably convert from Quakerism to Catholicism.

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7. If your signer’s mother tongue isn’t English
It is generally a bad idea to mimic your signer’s accent at a signing. Wait until after the signing. Unless you have a document that is going to the Russian Consulate… then read it with thick Russian accent comrade!

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8. Confirming the signing
When confirming the signing it is a good idea to ask, “Are you high? Are you going to be high at the signing? Can I have some, man?” But, only do that if you are in a state where marijuana is legal otherwise you might be sorry. If you are going over their ID over the phone ask, “Do you look high in your ID photo?”

9. Middle initials
If the signer doesn’t want to sign with their middle initial, give them the finger… the middle finger! Just kidding. Just explain why they need to sign with their middle initial, and then after you are leaving the house, then give them the finger. There is a proper order to these things.

10. Don’t give opinions about the loan.
When you are at a signing, don’t comment about their interest rate such as, “Wow man, that’s a great rate… My brother just got a loan and his rate was way higher than yours. I’m so bummed out about that. I wish we could have gotten 4.5%. I’m going to call my brother right now and tell him what a loser he is.” It’s also not a good idea to say, “Wow, look at those terms, you’re getting ripped off dude, totally ripped off.”

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January 16, 2019

Notary Etiquette 104 — Answering Questions the Way They Were Asked

Filed under: Etiquette — Tags: — admin @ 1:30 pm

ANSWERING QUESTIONS THE WAY THEY WERE ASKED
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I often have to make over one hundred welcome calls per day to Notaries who cannot give straight answers to questions. I have to ask each Notary five questions, but because they give roundabout answers, I have to ask each question sometimes two or three times which leads to 1500 questions for 100 calls when no questions would be necessary at all if they had filled in their listing properly. People who hire Notaries are seriously annoyed with all of the nonsense they have to put up with. So, make their life easy and just answer questions the way they were asked. Below are some examples.

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1. How many loans have you signed?
“Oh, gosh… hmm, let me think for half an hour, well I did one yesterday, and I’m on my way to one now…”

This is inconsequential banter and a real waste of the other person’s time. Just try to give them a number. You were asked for a number, so don’t tell them how many years you have been doing it or how you are NNA certified, just say how many loans you have signed.

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2. What counties do you cover?
“Well, it depends on what you are paying…” or “I go to Van Zandt for my normal fee and then Smith for a little extra, where is the assignment?”

There is no assignment. We are a directory and need to put you in the counties that you cover. If you can just tell me the names of the counties without the other rambling and questions, I would be able to fill that information in a lot more easily.

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3. The names do not match.
If the ID says John Smith and the name on the document says John W Smith, would it be prudent under the circumstances to notarize the signature?
“I would just ask for another ID.”

Obviously you would ask for another ID, but the question is a yes/no answer and you gave a “what would you do” answer instead. You will be marked wrong because once again, you did not answer the question as it was asked.

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4. What hours do you answer the phone?
“I’m flexible.”

That answer is really not helpful, and “all day long” is not either. If someone asks for hours, tell them hours.

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5. Do you have a dual tray laser printer?
“Well gee, I have a single tray printer but I have the software so that it can print letter and legal and my printer is very fast and …”

This answer does not answer the question. The answer is, “No.” You are bending the person’s ear with all of this rhetoric.

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6. What types of loans do you know how to sign?
“I have signed most of them before.”

This is a useless answer. Just list the types of loans and financial packages you have signed before such as: Refinances, Helocs, Purchases, 1st, 2nds, Reverse, Reverse Applications, Construction, etc.

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You might also like:

Vague communication is unacceptable
http://blog.123notary.com/?p=19048

Clarifying vague claims in your notes section
http://blog.123notary.com/?p=4675

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January 15, 2019

Notary Etiquette 104 — Confirming the Signing & At the Signing

CONFIRMING THE SIGNING & AT THE SIGNING
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1. Call to confirm the signing.
First introduce yourself on the confirmation call. Then go over all pertinent points. Make sure the ID proves the name on the documents and that all the signers will be there. You should also verify that there is a clean table to sign on. You should go over how long the signing should take, if there is anything going back to the document custodian and if they have used morphine or Jack Daniels within several hours of the signing. Nothing beats a sober signer or a well-organized Notary Public.

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2. Introduce yourself at the door.
It is good to mention that you are Joe the signing agent and that it is your job to facilitate the signing. Mention that they can address all of your questions to you, but that you cannot answer specific questions about their loan, but only general questions about loan documents and Notary procedure.

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3. Small talk is good.
People like a friendly Notary who can talk about small talk. But, avoid any topics that could be controversial such as gender issues, sex, guns, and how born-again Christians should have a second birth certificate for when they were born the second time.

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4. Don’t discuss guns and religion.
Unless you are notarizing the Obamas, don’t bring up Joe the plumber, or religion. But, if you are notarizing the head of the NRA then you might reconsider guns. If you ask him to shoot you an email, don’t be surprised if he asks what you want him to shoot it with! Yee-haw!!!

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5. Don’t park in the driveway.
The driveway is for the residents to park in, not you. You are their humble servant who parks on the street (sorry).

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6. Call if you’re going to be late.
If you are going to be late, call and let them know ahead of time rather than keeping people hanging.

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7. Don’t rush the borrowers.
On the other hand, if you have another appointment to go to, let them know when you have to depart. If you are under a time crunch, you can discuss their right to rescind if applicable and remind them that they have borrower copies.

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8. No drinks on the table
Drinks can spill, so unless you want your Deed of Trust drenched, keep the drinks on a chair or a separate table — no exceptions.

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9. Know when to call the Lender.
If the borrower asks questions, you need to know in advance which questions you can answer and which questions to refer to the Lender. You should have the phone numbers for Title, the lender, and any other relevant party. You can answer questions about what information is where in the documents as well as Notary questions. You should not answer questions specific to their loan.

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10. Middle initials
If the signer doesn’t want to sign with their middle initial, politely tell them that they need to sign the way their name reads on title otherwise their loan might not fund.

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11. How long to wait for return calls
If you try to reach one of the contact people for the loan such as Title, Loan Officer, Lender, etc., and they do not answer, try to give them a reasonable amount of time to respond. Twenty minutes to an hour seems reasonable.

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12. Dress for success.
People get very put off if you do not dress like a business professional. Business casual or business formal is fine. Avoid jeans and definitely don’t wear flip flops, shorts, bathing suits, heavy makeup, short skirts, or night club apparel. Signers get in trouble all the time for not dressing for success.

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13. Don’t bring your kids.
Believe it or not, some Notaries will bring their family to the signing. This is very intrusive and rude. Either keep your family at home, or in the car, but don’t bring them to the signing.

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14. Don’t complain.
Don’t tell the customers how bad certain signing companies are or who didn’t pay you. Keep your personal business personal. It makes a terrible impression if you talk about this stuff.

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15. Don’t give opinions about the loan.
The worst thing a Notary can do is to give an opinion, especially a negative opinion about a loan. You can get fired, blacklisted or even sued because of this. Some borrowers might cancel their loan because you told them they were getting ripped off.

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16. Following instructions
If you were asked to sign in blue, then sign in blue. If you were asked to start at page four, just do it, don’t explain or make excuses, just follow instructions. If you are asked to fax back page 1 to 28, don’t complain, just do it.

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17. If you make a mistake
If you make a mistake as a Notary, you might have to go back out there and fix the mistake. So, don’t keep people waiting. Go back out there and clean up after yourself.

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18. The grace period
As a Notary, you might be asked to answer emails after a job is done. There might be a problem, error, or just an inquiry. If you don’t answer your email or phone because you are on vacation or just don’t feel like it, that can cause a big problem.

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Notary Etiquette 104 — The initial call

Filed under: Etiquette — Tags: — admin @ 11:27 am

Return to Table of Contents for – Notary Etiquette 104

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1. Introduce yourself
Introduce yourself properly by phone when you answer the initial call to hire you. “This is June of June’s Notary Service” is a lot better than, “Hullo?” High-brow clients will judge you by how you answer the phone, so answer like a professional if you want to be treated like one.

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2. Answer questions the way they were asked.
If someone asks what your hours are, tell them your beginning and ending times. Don’t say “it depends” and don’t be vague. Give them a clear picture of your availability without making them ask again. If someone asks how many loans you have signed, don’t give them a summary of your professional background, just give them a quick number. If someone asks if you are still in business, don’t tell them you are eating dinner or on vacation, just tell them that you are still in business. Just answer the question.

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3. No background noise
Screaming children, televisions, or people talking in the background sound unprofessional. You need to turn the TV off, go into the next room where there is no noise, and apologize if there is any noise. That is called being professional. If you are in a restaurant, there might not be much you can do, so at least let the caller know where you are and that you cannot do anything about the noise at least for the time being.

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4. Don’t scramble information
Asking people to repeat endlessly is horrible. If your phone is horrible, get a new one rather than accuse the other person of breaking up. If someone asks if you can do a notarization for two signers on three documents, don’t repeat it back to them as, “Okay, three signers on how many documents?” That is called scrambling information and sounds ignorant.

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5. Don’t brag
Notary Signing Agents have the desire to overprove themselves. The secret is to make a good impression by being helpful and not shoving your credentials down someone’s throat. It also makes a good impression to ask a few relevant questions about the type of signing or document. Asking a few pertinent questions looks professional. Show the world how good you are without trying. Just politely and calmly answer people’s questions and they will get the impression you are a seasoned pro and not an overanxious newbie.

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6. Act calm
Acting calm and helpful is a lot better than acting anxious and overly helpful or overly unhelpful. People get put off by desperate or unfriendly behavior. Seasoned signers normally act calm. Signers that are over-seasoned are too calm because they don’t care if they get the job because they want to retire, so don’t be too nonchalant either.

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7. Speak clearly and listen
There is nothing worse than a Notary who mumbles or speaks unclearly. With such Notaries you have to keep asking for clarification as to what they said. And what’s worse, when southerners say the word “bell” it sounds like “bail” and you have to ask them if they meant b.e.l.l. or b.a.i.l… Why can’t we all just be Yankees? Then, there are the Notaries who aren’t paying attention who have to ask you to repeat half of what you say. They are very unpleasant to work with, so please listen carefully when talking to clients.

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8. Confirmation calls
During the confirmation call, it is practical to ask the borrower to prepare for the signing by having a clean dining room table, have animals out of reach, children taken care of, and no noise. Make sure all parties will be there early, have identification, and have any documents or checks going back to the lender or title. It is better if the borrower leaves their outside light on so the Notary can find the house more easily.

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9. Answering machines
Your answering machine should not have unprofessional sounding music. I cannot say what unprofessional music sounds like. Some people have Vivaldi that is just too loud while others have hip hop music. Just be sensitive to how this music would sound to a hiring party and use your judgment.

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10. Grammar
Do you use bad grammar? It don’t matter. Well, actually it does. People judge you in all sorts of ways, so try to use proper grammar as that is part of etiquette.

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January 5, 2019

A forged Notary seal ends someone up with a prison sentence

A man from Glendale, CA earned himself a ten year prison sentence by forging a Notary seal in an attempted to conduct a 5.4 million dollar Mortgage fraud scheme. There were two co-conspirators who each served sentences themselves. One was for 6.5 years and the other for 4. years.

The fact that the criminal had altered an “authentication feature,” made the sentencing longer according to federal guidelines. The criminal used falsified documents using his false seal to fool county recorders.

Crimes like this involving Notaries engaging in fraud relating to real property (such as houses, etc.) are the worst crimes that a Notary can commit and normally end up in jail time. There are other things Notaries typically do wrong like falsifying dates on certificates which can also get you in a lot of trouble. Notaries typically do not administer Oaths correctly, or at all which can result in your commission being revoked. As a Notary, you really need to consider the fact that if you fool around with your commission, it can be taken away from you.

There was another case where a Sacramento Notary was involved in a 19 million dollar fraud scheme by impersonating NNA’s 2007 Notary of the Year. The perpetrator fled to Lebanon and was arrested upon re-entering the United States. Sampson, the Notary whose name was fraudulently used protected herself by showing her journal to prove that she had not performed those notarizations.

Let this be a lesson to those who say, and often in a whiny voice, “My state doesn’t require journals.” Without that journal, you could be accused of conspiracy in a 19 million dollar fraud scheme or identity fraud, or worse…

You might also like:

See our string of posts about Notary fraud
http://blog.123notary.com/?s=notary+fraud

California man pleads guilty in stolen Notary ID case.
https://www.nationalnotary.org/notary-bulletin/blog/2012/01/california-guilty-notary-id-case

What is the burden of proof for Notary fraud?
https://www.avvo.com/legal-answers/what-is-a-burden-of-proof-for-a-notary-fraud-in-ca-2629309.html

Notary Public Seal
http://blog.123notary.com/?p=21411

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What is the penalty for notary fraud?
Notary Fraud California
Notary Fraud New York
Notary Fraud Florida
Can a Notary be sued for fraud?
Fraudulent Notarization Pennsylvania
Fraudulent Notarization California
Fraudulent Notarization New York
What is the legal charge for witness and notary for fraudulent signatures
What is the punishment for an attorney notarizing a fraudulent document?
What to do about a fraudulent notary signature

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January 1, 2019

eNotary — Electronic Notary & Electronic Notarizations

Can I get an electronic notarization? Can I get an eSignature notarized?

The answer to this question is that it depends on what type of document you are having notarized. Additionally, the notary needs to be able to identify you.

A Notary must apply for a special and separate eNotary commission that is above and beyond their regular notary commission. This is only allowed in specific states as well.

To become an eNotary, just become a regular Notary and then say, “Vanna, can I buy a vowel?” Just kidding. Please ask your secretary of state’s notary division how to apply to be an eNotary.

Many of the states that allow eNotarizations require the physical appearance of the signer before the notary public for all transactions. I heard that in Virginia, an eNotary can notarize people remotely in any part of the world. Please read this FAQ page to read the details of remote notarizations.

Remove Notarizations allowed for Virginia eNotaries
https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary-faq/

Colorado eNotary
Personal appearance is also required in Colorado.
https://www.sos.state.co.us/pubs/notary/eNotary.html

West Virginia eNotary — West Virginia Electronic Notary
This state requires physical presence of the signer for eNotarizations alghough the signature can be digital.
https://sos.wv.gov/business-licensing/notaries/Pages/ElectronicNotarization.aspx

Texas eNotary — Texas Electronic Notary
https://www.sos.state.tx.us/statdoc/gettingstarted.shtml

Virginia eNotary — Virginia Electronic Notary
https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary/

The Pros and Cons of eNotarizations
http://blog.123notary.com/?p=3672

12 points on e-notarizations (old)
http://blog.123notary.com/?p=228

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December 30, 2018

When are you required by law to do Oaths?

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

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

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

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

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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December 22, 2018

Do you take control at a signing?

Filed under: Best Practices — admin @ 12:43 pm

Many Notaries just get kicked around in this business. They don’t bother to learn their technical information or document information. But, more important, they don’t know how to manage a signing. I just talked to someone in title. He doesn’t care if you are certified or know a lot. He wants someone who will make sure the signing gets finished and documents sent back fast.

So, if the Lender asks you to start the signing at page four, and the borrower doesn’t want to do this, how do you react? Most Notaries will be wishy washy and try to explain why they should start at page four. This invites a debate, insubordinance, and perhaps a no sign. Carmen’s advice is to just place page four in front of them. Have them read it and sign it. Keep the other docs on your side of the table under your control. If the signer protests, inform them that this is what you were asked to do. This is called following directions and maintaining control.

Getting the job done on time means confirming the signing thoroughly, introducing yourself, introducing the documents and staying in control in a polite way.

Some Notaries even dictate who is going to sit where. This can be for the Notary’s safety, or to facility the fast signing of documents especially if you have a husband and wife – they can sit next to each other on the long side of the table to do an assembly line signing of a long package and get it done in minutes.

Those Notaries who let the signing just happen will not do well in this industry. Learn to be polite and firm and take control — and get the job done.

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You might also like:

Following directions is more important than you think.
http://blog.123notary.com/?p=19608

Following directions, what’s the big deal?
http://blog.123notary.com/?p=19600

Following directions in the 30 point course
http://blog.123notary.com/?p=14379

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

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December 21, 2018

Beginner Notaries 103 — Contents

Filed under: Technical & Legal — admin @ 12:48 pm

As a beginner Notary, you want to get work, gain contacts, and learn to be a professional at handling all situations. But, how do you learn all this and where do you turn to? We have written many articles on how beginners can get knowledge and work. But, this is a short course on the topic.

Table of Contents

1. What beginner Notaries need to know – http://blog.123notary.com/?p=21108

2. Gaining Knowledge as a Signing Agent – http://blog.123notary.com/?p=21110

3. Marketing your services – http://blog.123notary.com/?p=21114

4. Getting work – http://blog.123notary.com/?p=21116
(signing companies that hire new signers.)

5. Gaining industry knowledge – http://blog.123notary.com/?p=21118
(discuss forums and mentors)

6. Additional reading list – http://blog.123notary.com/?p=21120

7. Advertising on 123notary – http://blog.123notary.com/?p=21127

8. Notary Etiquette – http://blog.123notary.com/?p=21129

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