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September 2, 2015

Can a California Notary Notarize an I-9 Form?

Filed under: Other Guest Bloggers,Popular on Linked In,Technical & Legal — Tags: , — admin @ 8:26 pm

CAN A CALIFORNIA NOTARY NOTARIZE AN I-9 FORM?
The straight, simple and clear answer is “NO”.
Why then are notaries in California regularly notarizing I-9 forms?
There is a lot of confusion surrounding the notarization of I-9 forms, because the Secretary of State is silent in the handbook about NOT notarizing I-9s. Instead the handbook only addresses documents that can be notarized. The confusion is further compounded when the I-9 is accompanied by official notification from the Federal government or employer that the I-9 needs to be notarized in accordance with their guidelines.

This is not the first instance where the federal laws conflict with the state laws that govern notaries. As duly licensed notaries in the State of California, we are primarily governed by the laws and rules established by the Secretary of State and therefore should not notarize I-9 forms. It begs the question, whether $10/- that you receive is worth the “civil penalty not to exceed $100,000 for each violation of the Business and Professions Code §22445 that you will be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the attorney general, a district attorney or city attorney”.
Who can notarize an I-9?

California Notaries who are qualified and bonded as an Immigration consultant under the Business and Professions Code Sections 22440-22449 are the only people who can lawfully complete the verification of an I-9. Furthermore, when the Immigration consultant verifies the I-9 documents, he is only doing it in the capacity of an Immigration Consultant and NOT as a Notary. The SOS considers I-9 to be an Immigration form and therefore there is that requirement to be a duly licensed Immigration Consultant. A California Notary who notarizes an I-9 is in violation of Government Code Section 8223 ©
Refer those who come to you for notarizing an I-9 to an Immigration Consultant (recommended by the NNA and SOS), save yourself from exorbitant penalties and possible jail time and simply stick to knitting as it were.

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You might also like:

Form I-9 According to Ken
http://blog.123notary.com/?p=15489

Notarizing an I-9 employment verification document
http://blog.123notary.com/?p=4668

Documenting your personal experience in your notes
http://blog.123notary.com/?p=19052

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

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August 26, 2015

Do you use a Notary embosser?

Filed under: Technical & Legal — Tags: , , — admin @ 11:07 am

I read a discussion on Linked In about using an embosser for Notary work. I realize that I used to write about this a lot long time ago. Perhaps it has been since 2010 or 2011 since I have written about using an embosser. Here is what you need to know.

(1) Each state has its own rules about using seals and embossers. Some states don’t even require using a Notary Seal. I personally feel that it is not professional for a notary not to use a Seal and a Journal for all transactions regardless of what their state’s standards are. I have not heard of a state prohibiting the use of seals and or journals, although many make it optional. If you need to query a critical record for a Deed for a million dollar property, that will be impossible if you don’t keep a sequential journal!

Some states allow the use of a secondary non-inked embosser. Ask your state notary division if your state allows this. California allowed the use of an inked seal, and supplemental use of a non-inked embosser when I was a California Notary Public. As a general rule, if you are allowed to use an embosser as a primary seal, it must be inked. However, I recommend using it as a secondary seal because it doesn’t fit in small places, the text is round and hence harder to read, etc.

(2) Embossers help to deter fraud.
The correct use of an embosser as a secondary notary seal is to emboss each page of every document you notarize. That way frauds will think twice about switching pages after the fact which is a common crime.

(3) Embossers help to identify fraud
If someone is stupid and decides to commit fraud by Xeroxing a notarized document, the embosser’s three dimensional raised impression will not show up in the photocopy. Additionally, if a page is swapped, you can easily identify that page by its lack of an embossed impression

(4) Embossers don’t deter fraud unless you use them on every page of every document you notarize. If you get an embosser later in your career, make a notation in your journal of the date when you started using it, and keep notes in subsequent journals of when you started using it. The notes go in the COVER of the journal where you can’t miss it. That way, if any of your notarizations are investigated, you will have easy to query records of when you were using an embosser and when you weren’t. And remember, if you only use it on some documents, if a fraud is committed, you won’t remember if you used your embosser or not, so use it on every document and on all pages, no matter how many pages.

(5) Some people like to put the embosser through all the pages of a document all at once at a particular part of the document. This technique would make it obvious if someone used a forged embosser after the fact. The location and nature of the impression of the embosser would be different and lighter on each page that it went through. I didn’t use this technique because the impression would not be legible if it went through more than several pages. I did each page separately. Some notaries even put the embosser at the edge of the paperwork so only half of the embosser’s seal goes through the paper and the other half goes through air.

(6) The NNA and other notary supply companies can help you purchase an embosser. They cost around $30 when I was a Notary. They might be more now. You might need a letter of authorization from your state notary division to purchase one. Good luck!

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You might also like:

Can a notary go to jail for notary fraud?
http://blog.123notary.com/?p=21353

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

My stolen identity and the fraudulent notary seal
http://blog.123notary.com/?p=20753

Do a half fast embossing
http://blog.123notary.com/?p=19981

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August 18, 2015

Notary – Your Signature – Needs Work

Filed under: Ken Edelstein — Tags: , , — admin @ 10:34 am

No, I’m not referring to that strange squiggle you have on file with your notary commission. I’m talking about your “other” signature. It’s the one that your email program adds at the end of virtually every email that you send. Jeremy hoots and hollers about having a good “notes section” in your profile on 123notary.com. Well, I’m willing to bet that at least a hundred times more people see your “email signature” than see your notes section. So, why is your email signature, either non-existent, or, to put it bluntly: junky?

The automatically generated “signature” is a great source of advertising. In addition to complete contact information, you should have a graphic; and a bit about the services you provide. This is totally free advertising, and it makes it much easier for people to call you. They don’t have to hunt thru several of your emails to find contact information – it’s in each and every one you send.

And, they can do much more than call. Your signature should have a link to your web site! A real “click here” (without those tacky words, of course). Mine informs recipients that I am available for: Mobile Notary Public, Apostille Processing, Embassy/Consulate Legalization & Fingerprinting. It’s the simplest thing to use, once set up. Just click “reply” to an incoming email and your signature is generated at the bottom – there’s nothing to it. MS Word allows for at least two different ones; one for a new outgoing email, one for a reply. Depending on your email program, the signature can contain various fonts, text, pictures, logos, and links. A goldmine!

Your email signature probably “needs work” and it will be a bit of work for you to configure the signature if you never accessed that part of your email program. Read the related help section, there are probably examples and/or step by step instructions. It’s also possible to get “fancy” and have a variety of signature files and select the appropriate one for each specific email. One processing tip, for users of MS Word: I found it easier to use the full “word facilities” to create the signature, then to just copy and paste it into the signature entry facility.

While most people will just click “reply” to your email, it’s a good idea to specifically put your email address in your signature. That helps people to edit copy, edit paste your email address when forwarding email if they did not add you to their address book. A further step is to include Filename extension .vcf, .vcard. Internet media type, text/vcard … vCard is a file format standard for electronic business cards. The .vcf allows instant addition of your information to the recipient address book. You can personalize the entry with your picture, logo or a graphic.

You only get one chance to make a first impression. That’s true in person, telephone or via email. When you include an informative email signature you literally “display” both enhanced technical ability and your desire to be easy to contact. If you also take the second and more complex step, the .vef; you stand a good chance of being added (permanently?) to your client’s address book.

It’s also common to include, as the last line of the signature, a thought provoking quote; with proper credit to the author. It should represent your beliefs and philosophy, select your quote wisely. I chose a classic by Joseph Joubert: He who has imagination without learning, has wings and no feet.

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You might also like:

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

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

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August 17, 2015

$40 for a signing 72 miles away?

Filed under: Marketing Articles,Popular on Linked In,Popular Overall — Tags: , , — admin @ 10:18 am

I read the notary forums regularly. Not every day, but I go through them thoroughly every so often. One notary was offered $40 for a signing 72 miles away. I think I have heard everything now. Don’t these signing companies bother to use mapquest or Google directions to see how far a signing is before making an offer? Do they expect notaries to drive all over kingdom come for free?

They know that notaries are desperate.
Perhaps they are counting on the fact that business is really slow and that there are many desperate notaries out there. But, as desperate as you might be, your car expenses to do a 144 mile round trip are not for free. You use your tires, breaks, motor, gas, oil, and more. Your car won’t last forever, and you need to charge for mileage. How much is up to you unless your state restricts this (and nine states do even though I feel that is not constitutional.)

Stop Bothering Notaries!
Putting aside how unfair the offer is, I think that the bigger issue is that signing companies bother notaries with these petty offers. Notary forums are filled with complaints of this sort. It is a waste of the notary’s time and patience.

Minimum Wage for Notaries?
Perhaps the notary industry should have some type of minimum wage. No matter how new or unskilled the notary is, they get 50 cents per mile traveled plus 25 cents per page fax back and at least a certain amount for signings with under 100 pages per set of documents. I don’t know what a fair minimum is. If you set the minimum too high, then newbies will simply not get used unless the signing company is desperate.

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You might also like:

VA signings for $85 with 200 pages?
http://blog.123notary.com/?p=15879

$30 loan signings. Is it worth it even in the best of circumstances?
http://blog.123notary.com/?p=10456

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August 10, 2015

Many notaries who previously wouldn’t leave the house for <$125 are working for peanuts.

Filed under: Notary Fees & Pricing,Popular on Facebook (A little),Popular on Facebook (comments),Popular on Facebook (shares),Popular on Linked In,Popular on Twitter 2014 & 2015 — Tags: , — admin @ 10:15 am

Even some of our most seasoned notaries have gotten so desperate that they are forced to work for less than they feel they deserve in terms of Notary wages or fees. We’ve had notaries who had strict policies of working for no less than $125 or $100 forced to do Notary jobs for $60. Some take this emotionally, while others realize that we all have to eat, and that a notary’s gotta do what a notary’s gotta do. On a brighter note, the price of gas went down by more than a dollar, so your expenses are a lot less now!

Notaries make the mistake of trying to figure out what they “should” get paid or what is “fair.” In the world of business there is no should and there is no fair. In foreign countries people doing the exact same job you are doing might only make $5 or $10 per day, so is that fair? As people living in America, you have it better than any other country, even Canada. Of course a well off person in a foreign country is likely to be better off than you, but someone doing the same Notary job you are is probably a lot worse off. The point I am trying to make is that fairness can only be viewed in perspective. But, even if you can figure out a very equilateral viewpoint of fairness, it won’t do you any good. The universe gives you what it gives you. It decides how much it is going to give you and you just have to work with what is given to you. Forget about fair, and just do the best you can.

Do you see people working at gas stations shaking their head saying, “It just doesn’t seem fair that we have to sell gas at $2.40 per gallon now. We’re doing the same work we were doing when it was $4.00 but getting paid close to half for the same work.” No, they just go about their business and do the best they can which is what you should be doing. Try and do as well as you can as a notary regardless of what the external conditions are. If things get too slow, you can try to supplement your income with other tasks or jobs. In the worst case scenario, if it is really slow, it might be time to get a full time job and moonlight at night doing notary work.

In my opinion, the market for notaries and Notary jobs will bounce back eventually. I’m not sure when. It really depends on a variety of standards. If it has been many years since people could refinance, they will get more and more anxious to do so, even if the percentage of equity they can borrow upon is low. If housing values go up, or interest rates go up, and then down, there could be more refinances. Or, if banks simply lower their standards for who can borrow money, we might see more loans going through. We live in a changing world, and markets go up and down.

Look on the bright side, maybe North Korea will get rich and start buying up property in your area. That will drive the price up, and then there will be more refinances. On the other hand you might have more competition from “Un Notary service” if Kim John Un becomes a notary! Picture him being your neighbor!

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You might also like:

My interpretation of how the Notary industry went South
http://blog.123notary.com/?p=16500

VA signings for $85 with 200 pages?
http://blog.123notary.com/?p=15879

Notary Marketing 102 – Table of Contents
http://blog.123notary.com/?p=19774

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July 26, 2015

10 tight points on Loose certificates

Filed under: Comprehensive Guides,Notary Acts & Certificates,Popular on Linked In,Popular Overall — Tags: , , , — admin @ 10:31 pm

I have not written about this topic for a long time because I take for granted that Notaries are experts on the topic. In real life, it is possible that many Notaries do not know how what to do with a loose certificate. So, here are the correct steps to take.

(1) Purchase Certificate Pads from the NNA
Why the NNA? In my experience, they are the best source of 1-stop shopping for Notary supplies. They have great journals and pads. You cannot attach a loose certificate if you don’t have one, so keep them in stock and guard them with your life. Your career as a Notary rests on having the correct forms. You need Acknowledgment Forms, Jurat forms, and perhaps Copy Certificate by Document Custodian forms. Make sure the wording is acceptable according to the current laws of your state!

(2) Keep the Pads in your Notary Bag
Having the right forms is no good if you don’t keep them with you. Clients don’t want to hear the old, “I left it at home” routine. It sounds like your dog ate it. We are not in junior high anymore! Keep your law primers, journal, pads, seal, and anything else you need on you at all times and remember to keep your journal and seal under lock and key when not in use!

(3) When to use Loose Acknowledgments
If you need to notarize a document and the document doesn’t have notorial wording, it is time to use a loose certificate! If a document has incorrect notary wording for your state, you need to consult your state laws to see if they will allow out of state wording. Most states will allow out of state wording providing that the wording isn’t substantially different. If the venue or the name of the signer(s) is wrong or has an extra signer, or leaves the name of a signer out — you might want to attach a loose form.

Also See: Do you Notarize loose certificates as a Notary?

(4) Fill Out the Form
Filling out forms is not rocket science, but more than 50% of notaries omit crossing out the he/she/they and the capacity(ies), etc. If Joe signed the document, then cross out the she/they unless you know more about Joe than we do. You might cross ou the (ies) too. Don’t forget to fill out the venue, stamp, and sign the form. If your state doesn’t require a stamp, consider moving to a better state!

(5) If the Glove Don’t Match, you Must Attach!
Certificate forms must be attached to corresponding documents by law in many states. This means by staple, otherwise it will most likely be detached which could lead to a lot of confusion and potentially to law suits. You should also indicate the document name, date and length on the certificate as well as any other pertinent and identifying information about the document just in case the certificate gets separated. Many Title companies detach certificates which is completely illegal, but they don’t care because they are above the law — or think they are — or never got caught — yet…

(6) NEVER Send a Loose Jurat in the Mail
You can go to jail and lose your commission if you send a loose certificate in the mail. Lenders often ask you to just send a loose “Jurat” in the mail if the one you sent is not acceptable for one reason or another. You can request that the original document is sent back to you. That way you can destroy the original Acknowledgment or Jurat and add another one and staple it to the document. If you send a loose one, it could be attached to a different document and used for fraud, and you might end up in court.

(7) Some People Create Their Own
Some notaries who are penny foolish create their own Acknowledgment pads. You could put company branding on it to gain attention for your company. Just make sure you don’t goof as this is a legal document.

(8) Thumbprints?
Most Notaries only put thumbprints in their journals if they thumbprint at all. But, the NNA’s certificates have, or used to have (I’ve been out of the loop for a while) room for thumbprints. It looks more official for really critical documents if you get that extra thumbprint. For documents going overseas, I recommend this as foreigners think you are the best Notary in town if you give thumbprints — and embossing looks really official too!

(9) Two Certificates?
Sometimes you might need to attach multiple certificates for a single document. This is fine. One for his, and one for hers. They might even be notarized at different times. The custodian or recipient of the document might or might not like that, but it is all perfectly legal! You might have a lot of staples if you attach them at different times, but that is how the Notary business works.

(10) Jurats with Oaths
Sometimes if you are administering an Oath on a short statement, you can write the statement right on the Jurat form. In this case, you don’t need to staple the form to a document as the form includes the contents of the document as well as the Notarization. Don’t forget to have them raise their right hands and swear under Oath!

You might also like:

2014 excerpts from great notes sections
http://blog.123notary.com/?p=13613

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

What goes where in your notes section?
http://blog.123notary.com/?p=1076

What is so critical about crossing out he/she/they?
http://blog.123notary.com/?p=22223

Can a notary sign on a different day?
http://blog.123notary.com/?p=22084

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July 20, 2015

Getting on board with signing & title companies

Filed under: Marketing Articles,Popular on Facebook (A little),Popular on Twitter 2014 & 2015 — Tags: , , , , , — admin @ 11:27 pm

At 123notary.com we come into contact with a lot of newer notaries. Unfortunately, few of them ask for advice, and few of them do the right things. Most are just either confused or not that interested in really making their notary career work. So, what should new signing agents do?

Get on board! But, with whom?

(1) Advertise…
First of all, you need to be seen. Advertise on the major notary directories like 123notary, Notary Rotary, Notary Cafe, and Signingagent.com
If people can’t find you, they can’t use you

(2) Pass at least three certification tests.
We lecture people all the time about this, but few budge an inch. Get certified by ALL companies who you intend to advertise with in the long run. Notary2Pro also offers notary training although they do not have a notary directory as far as I know, and their training is one of the best. Don’t be afraid to get certified three or four times. You learn more each time you study and test. You also prove yourself more. If you want people to respect your knowledge, stop fighting it and just pass everyone’s test. For a professional notary, this shouldn’t be a big deal and it doesn’t cost that much either.

(3) Get on board with signing companies.
Most beginner notaries want to make big bucks working for high paying Title companies. Unfortunately, it doesn’t work like this. Title companies like to hire seasoned pros. You are an unseasoned non-pro unless you are from Southern Louisiana in which case you might be seasoned (Cajun perhaps.) But, that’s the wrong kind of seasoned in the Notary business. Work for low-ball signing companies. Work for the companies that everyone is complaining about on the boards. Make sure they pay their notaries, but work for the annoying ones. We compiled a list of signing companies who will hire beginners. I strongly recommend getting on board with them as they can jump start your career and get your phone ringing.

You can also look at our list of signing companies and start contacting them one by one. Not all of them specialize in hiring beginners, but you can talk to them. Most of them will have some sort of a contract you will have to sign. They might want you to fill out forms, submit your E&O, Bond, and some other information too. Don’t send this to us. Notaries mistake us for a signign company daily, and we throw out all of the useless information they send us. We don’t want your E&O, we just want your money… (and your address, hours of operation, county, additional counties, two or more paragraphs of notes about your service, # of loans signed, # of RAM of your laserprinter, etc.)

As a new notary, if you follow these three easy steps, your business will get jump started. You will go from zero jobs per month to dozens overnight. Yes, it might take four months to get on a 50-100 signing company databases, and it might take some bugging them to get your first job. But, do it. People who listen to 123notary tend to do a lot better than those who are either too lazy, or too argumentative to listen. Follow our proven path to success and reap the benefits! You won’t get rich, but at least you’ll be making a huge supplement to your income!

You might also like

Signing Companies That Hire Beginners
http://blog.123notary.com/?p=7059

Low Ball Signing Companies
http://blog.123notary.com/?p=745

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July 17, 2015

Honey, You Can Kiss my App!

Filed under: Best Humorous Posts,Humorous Posts,Popular on Linked In — Tags: , , , , — admin @ 9:48 am

GPS: You will be approaching the Deed of Trust in 3 seconds… You have arrived at your destination.

MARCY: Well, I’m a new notary, so what do I do now?

GPS: What do you think is next, do you want me to tell you to wash your hair and then repeat?

MARCY: I’m sorry, could you repeat that?

GPS: Never mind. Have the borrower initial all of the pages of the Deed of Trust in the small horizontal line in the bottom corner.

MARCY: But, this has 15 pages!

GPS: You heard me girl.

MARCY: Okay, we are going to sign the Note now, and then these other documents…. Okay, we finished signing the HUD-1.

GPS: You go girl! Okay, now let’s take a look at that Flood Affidavit.

MARCY: Gee, the app says you can explain this to me in Chinese, but I don’t speak Chinese. Hmm, I wonder what happens if.

GPS: Qing ni zai qian ge ming zai zui hou de ye.

MARCY: Yet another thing that was made in China. I better switch it back to Chantelle.

GPS: Do you realize what you just did?

MARCY: Yeah, I switched you to Li-Wen for 30 seconds. I didn’t know what that button did.

GPS: Well, you should be more careful. That app doesn’t exactly steer you towards the nearest Chinese restaurant, and if it did, it would steer you to the type of restaurants with dishes that the owner says, “you no like.”

MARCY: I think you’re right. I went to one of those restaurants. I ordered something called “zhu chang” and the owner said, “You no like.” I asked what it was and he said, “Pig intestine with ox brain.” And I said, you’re right, I no like! And then he said, “you think you no like? how you think ox felt?” And then I said, “You’ve got a point. Let’s stick to kung pao!”

GPS: Yeah, and if you had kept on with Li-Wen, should wouldn’t direct you to the fork in the road. She would have directed you to the chopsticks in the road. Then, you’d really be in trouble!

MARCY: Yeah, because I don’t know how to use chopsticks.

GPS: Yeah, but Li-Wen could probably hook you up with some training sticks.

SIGNER: Less talk, more signing please.

GPS: I saw that in a fortune cookie once.

SIGNER: Gee, Chantelle, you do seem to know a lot about China for a GPS. Have you been to China?

GPS: Honey, I was born in China. My parents were nine year old kids who didn’t get decent child labor laws for Christmas.

SIGNER: So, you grew up in Peking, not Pittsburg.

MARCY: Gee, I never thought of you as Chinese.

GPS: Well, think again! I grew up in the basement of a electronics chop shop in An-Hui province. I got plenty of love, but my parents were mad at me for not being a boy.

MARCY: Well, couldn’t they have made you into a boy?

GPS: Don’t think they didn’t try! They didn’t have the voice overs to do that, so they were stuck with what they had. And they had to keep me due to the one-child policy.

SIGNER: Well you seem very polite.

GPS: I had to be. My parents said that if I acted up, they would export me.

MARCY: It’s fun talking to you, but honestly, the way you explain the documents isn’t thorough enough. The app literature claimed that you would be a lot more detailed in your instructions.

GPS: Well if you don’t like it, then you can kiss my app!

MARCY: Well, I’m new at this, so I need a little more mentoring.

GPS: Fine. Have it your way. I’m auto-switching you to Charles. You’ll be sorry now.

CHARLES: (British Accent) Hello, this is Charles.

MARCY: Oh, you sound Brittish. So, what’s the next step in this signing?

CHARLES: Well, if you were Queen Latifah, I would courtsey.

MARCY: No, the signing. We just signed the Flood Disclosure.

CHARLES: Well, just sign the other documents and be done with it.

MARCY: Don’t you understand loan signing?

CHARLES: Well, there’s nothing to know actually. You just sign as your name is printed, and that is that!

SIGNER: I don’t know why Marcy opened her big mouth, but we were much better off with Chantel.

CHARLES: This was the way I was programmed.

MARCY: Well, we need more than this, and the app we bought was guaranteed to be thorough in its descriptions of documents.

CHARLES: Well if that’s the way you feel then Cherio. I’m switching you to Li-Wen.

LI-WEN: Ni hao, wo jiao li-wen. Wo zen-me ke-yi bang zhu ni?

MARCY: Do you speak English?

LI-WEN: Sorry, no English.

MARCY: The app said that the voices would be in English.

LI-WEN: Not all of them. 1.3 billion people speak Chinese these day.

MARCY: Well this is not going to work.

LI-WEN: If you no like, then — Honey, you can kiss my app!

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You might also like:

Affiant: A social media site for Notaries
http://blog.123notary.com/?p=6410

Apps that Notaries never heard of that could change your life
http://blog.123notary.com/?p=16311

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July 10, 2015

Jane the Virgin Notary

Filed under: Best Humorous Posts,Humorous Posts,Popular on Facebook (A little),Popular on Linked In,Popular on Twitter 2014 & 2015 — Tags: , , , — admin @ 9:47 am

Disclaimer: This post may not be appropriate for those of you who have lost their virginity, or their sense of humor!

Jane goes to her first signing for the Owens. They are going to sign a Refinance and get a better rate.

Mr. OWENS: Welcome Jane. So, you are going be our Notary tonight.

JANE: This is my first time.

Mr. OWENS: Gee that’s interesting. When the last Notary showed up, I asked, “Are you experienced?”

JANE: Wow, you have quite a record collection over there. I bet you have a lot of Hendrix.

Mrs. OWENS: Just make sure he doesn’t call you foxy lady.

JANE: So, I’ve never done this before.

Mr. OWENS: Oh, it’s nothing to be ashamed of. I’ll be gentle.

JANE: Okay, so here’s the Deed of Trust. Just initial here, and sign here.

Mr. OWENS: So you haven’t done the Deed or the dirty Deed yet.

JANE: I can attest to the fact that I haven’t, and bear witness to the fact that I’ve never been with a bare witness.

Mrs. OWENS: But, he’s not bare!

Mr. OWENS: Is that the naked truth?

JANE: I’m going to affix my seal now. Brace yourselves.

Mr. OWENS: Oh, that looks very therapeutic, just like… well, you know…

JANE: Well, I wouldn’t know. I’m not only a virgin as a signing agent, but I’m also still a virgin in real life.

Mrs. OWENS: Well knock us over with a feather. If you dropped any more hints, I would have gotten out my chastity belt. Can we affix you up with someone? I know a nice Notary who lives not far from here. He’ll understand all of that mumbo jumbo you folks talk about at signings that confuses us like scilicit which is an archaic Latin term.

JANE: Oh, I thought you were talking about soliciting which I’ve never done because I’m a … well, you know.

Mr. OWENS: If you did that with another Notary whose term hasn’t expired, you’d be doing it in the commissionary position.

JANE: I don’t even know what that is.

Mr. OWENS: Don’t worry honey, after a few more signings, you’ll really be on top of things… unless of course you prefer to have the signers on top.

Mrs. OWENS: So, what comes next?

JANE: I thought you’ve done this before. We just need to sign these last three documents, and then we’re done.

Mrs. OWENS: Okay, we’re done. That felt good.

Mr. OWENS: Was it good for you?

Mrs. OWENS: I think this was our best signing honey. I really liked how you signed the HUD. Wow Jane, you look completely different. Look George, she’s glowing!

JANE: Wow, I feel completely different now.

Mr. OWENS: Does it bother anyone if I smoke?

Mrs. OWENS: Since when do you smoke?

Mr. OWENS: I always smoke after a signing, or after a book burning if the book is 50 shades of gray.

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July 7, 2015

Signing of the Absurd

Filed under: Ken Edelstein,Popular on Facebook (A little),Technical & Legal — Tags: — admin @ 9:58 am

Signing of the Absurd (by Notary)
No, I’m not referring to the contents of a document that you are about to notarize. You don’t have to read (except for the notary section) when you notarize the signature of the affiant. It’s their responsibility to determine if they agree with the content, not yours. Actually, I will be discussing documents that you, the notary, sign – and sign alone. Yup, you are signing “as a notary” but nobody else is present for you to check their ID or give them the oath.

What I am referring to are those incredibly one sided “sign up” packages that border on being Power of Attorney documents. You are relinquishing virtually all of your rights. One minor example: You grant “fee deduction” if “they” find a “cause”. Naturally you dress in proper attire for your visits. But if they ask the borrower if you were impeccably spotless, was there the slightest bit of lint on your coat, a smudge on your shoe, etc. Then they can claim the borrower was “horrified” by your slovenly appearance and cut the fee at their whim, by your agreement.

I am holding a rather large “sign up” package. The only aspect common among the multitude of rules and regulations is that your fee will be reduced. Remember you have signed to agree to: Be sure that the proper paper size is used depending on the specific document. How? Most of us have dual bin LaserJet’s and print the PDF letting the PDF choose paper size. We are often asked to follow conflicting instructions. The confirmation says blue ink, the cover page on the docs says to use black – and nobody is available on the other end.

A favorite: do not leave the borrower’s home if they stop signing. I have had this a few times. An irate borrower spots something and asks me to leave. I suggest a phone call to resolve the issue, the borrower demands I leave immediately. It’s trespassing if I refuse to leave. Almost as silly, I am asked to “be absolutely sure” that the required witnesses will be present. I informed the borrower of the requirement, received assurance they will be available. But, one had a personal issue and failed to show. “It’s your fault Notary, you were required to have them both”….

This particular set of rubbish, and many similar refer to a “trip/print fee” for refusal to sign and also for cancellation during the three day period. The amount is never stated; but it is, when greater than zero; about 15 dollars. Keep in mind you signed approving this .

Let me not forget to mention the Application and “required documents” – Lots of information flowing one way. Do you know “anything” about the entity you are sending all of your personal and professional information? I doubt it. All you have is an un-proven name as the sender of the email and (usually) a “working name” for the company. What’s a “working name” it’s the name they use to “deal with you” but is not the real registered corporation or business name. In other words you tell all, and receive nothing.

Of course you give much of the same information when opening a brokerage account or applying for a credit card. The difference is that you are dealing with “name” entities, not a “puffer fish” that presents a big corporate façade, but has their only office on the kitchen table. They require you to perform “information security” with the documents to a very high standard. Sadly lacking is their assurance as to how they handle your confidential information. Think before you submit.

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