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November 6, 2013

What is a Venue in a Notary Certificate?

Filed under: Notary Acts & Certificates — Tags: , , , , , , — admin @ 7:44 am

What is a Venue in a Notary Certificate?

Venue is a word more commonly used in England or India. The only situation I hear it used commonly in an American context is in the Notary world. The venue is a section of any type of notary certificate. Notary certificates might include Notary Acknowledgment Certificates, Notary Jurat Certificates, and there are a few other less common or antiquated types of certificates as well.

Here is a sample Venue:

State of California
County of _____________

The name of the county is typically left blank, and up to the notary to fill in. Some lenders pre-fill the name of the county. That can sometimes be a problem if the notary is not going to sign in that particular county. Sometimes signings are moved to alternate locations in other counties.

One bizarre and interesting case happened to me many years ago, where the notary certificate represented a husband and wife signing the same document, on the same day (you can’t use the same certificate if they signed on different days), a few hours apart, but in neighboring counties. I got the husband’s signature, drove an hour, got the wife’s signature, and then made my way to Fedex-Kinkos to drop off the package.

A venue simply means a place, or more specifically, a place where an event is to take place, such as a party, a meeting, or a notary act! To my knowledge, a venue be printed on all notary certificates in all states. The only types of notary acts that don’t use a venue would include Oaths and Affirmations (if done as separate notary acts) since they don’t have any paperwork (unless they are part of a Jurat, or swearing in witnesses, etc.)

You might also like:

One signing; Two venues?
http://blog.123notary.com/?p=17047

Venues explained in the 30 point course
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Index of posts about certificates
http://blog.123notary.com/?p=20268

Are you practicing law by drawing a signature line?
http://blog.123notary.com/?p=21033

What is a Jurat?
http://blog.123notary.com/?p=6937

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November 4, 2013

Notary Journals from A to Z

Filed under: Comprehensive Guides,Journals,Technical & Legal — Tags: , , , , — admin @ 2:44 am

Not all states require a notary public to keep a notary journal. However, we recommend keeping one for all notary acts simply because it is your only evidence if subpoenaed to court or investigated. The purpose of a notary public is to identify signers and deter fraud. If you don’t keep proper records of notary transactions, several years after the fact, you will have no way to investigate whether the transaction was fraudulent or not. A prudent notary keeps a bound and sequential notary journal and keeps all transactions logged in chronological order.

Information recorded in a journal entry:
Date & Time — i.e. 12:04pm
Type of Notarization — i.e. Acknowledgment, Jurat, Oath, etc.
Document Date
Name & Address of the Signer
Identification of the Signer — i.e. type of identification or credible witnesses
Additional Notes
Signature of the Signer
Notary Fees
Thumbprint of the Signer

Q&A
Q. If I am doing a notarization near midnight, what date do I put on the transaction?
A. Date the transaction based on when the signer signed the journal which happens at a point in time rather than a range of twenty minutes which is how long a notary transaction could take in its entirety.

Q. What do I put in the additional notes section?
A. If you are pulled into court several years after the fact, good notes in your journal might help to remind you about the notarization. You could describe the building, or unusual features of the signers or their behavior.

Q. If I’m doing a loan signing for a fixed fee, how do I document the notary fees?
A. Most notary jobs involve one or two notarized documents and there is a fee per document. If doing a package deal, try to divide the fee for each notary done, or just indicate the total fee for the signing. The important thing is to keep accurate documentation.

Q. Is it important to take journal thumbprints?
A. Yes. Identification documents can be falsified, but you cannot falsify a thumbprint before a notary. You should ideally take a flat impression from the signer’s right thumb for your journal thumbprint. Additionally, I have never heard of a falsified thumbprint ever being used. A thumbprint can keep you out of court as it proves the identity of the signer. I was once investigated and the investigation ended two seconds after I mentioned that I had a journal thumbprint of the signer.

Q. How do I store my journal?
A. You current journal should be kept under lock and key when not in use. Some states require this by law, but it is recommended for all states. Keep fully used journals in a safe storage spot somewhere.

Q. How long do I keep my journal?
Keep your journal until the end of your notary commission. Some states want you to submit your journals to the secretary of state’s office or county recorder when your term is done if you don’t renew. Each state has their own rules, so please ask your state’s notary division.

You might also like:

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

Index of posts about Notary journals
http://blog.123notary.com/?p=20272

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November 3, 2013

Notary Seal Information from A to Z

Filed under: Become a Notary,Comprehensive Guides — admin @ 1:43 am

Notary Seal Information

Some states require a commissioned notary public to have a notary seal / notary stamp while other states do not. Each state has rigid requirements for the exact dimensions of the seal, the color of ink, the border of the seal, as well as what wording is on the seal.

The notary name on the seal
Typically, the name of the notary as it appears on their notary commission should be identical to the name on the seal. Some notaries have nicknames or name variations. Female notaries often get married and change their names as well. This is a source of confusion. If you change your name, you might be required to get a new notary commission and seal in many states. Please contact your state’s notary division if you are planning on changing your name.

Information on the seal
Most states require the notary’s name, the words Notary Public, the words State of ____, the Notary commission number, and the commission expiration date.

Embosser or regular seal?
Some states allow the use of an embosser which looks like a metal clamp. Some embossers are used without ink as a secondary seal (allowed in many states — ask your notary division for details)

Storage of your notary seal
Rules vary from state to state, but it is required in some states that your current journal and notary seal be kept under lock and key.

Types of seal borders
Seals might have a serrated or milled edge border. Some states might allow a rectangle made of four straight lines to be the border.

Seal Maintenance
Be careful with your notary seal as they can be damaged from misuse. Keep replacement ink in stock just in case your seal needs to be re-inked. It is common for an active notary to add replacement ink to their seal once a year or so. Many states require the destruction of a notary seal at the end of a notary’s term so that it will not be used fraudulently.

Seal Impressions
The notary public should take care to leave a clear seal impression when doing notary work. If the seal is too light, smudgy, or has missing corners, the notarization could be rejected by a county recorder, bank, lender, or other agency.

Do all notary acts require a seal?
Most notary acts do, such as Acknowledgments and Jurats. But, sometimes you will need to do an Oath with no accompanying paperwork. Make a note in your journal that you are administering an Oath. Have the Affiant (Oath-Taker) sign your journal, and administer the Oath. There is no seal required for an Oath by itsself. However, if the Oath is part of some other notary procedure such as a Jurat, or swearing in credible witnesses, then the notary paperwork being used would need to be stamped.

States that require a notary seal
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

States that do not require a notary seal
Kentucky, Louisiana, Maine, Massachusetts, Michigan., New Jersey, New York, Rhode Island, Vermont These states have specific requirements if you choose to use a seal anyway.

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October 17, 2013

Jurat Wording Step by Step

Filed under: Notary Acts & Certificates — Tags: , , , , , — admin @ 2:49 am

Jurat Wording

Wording for Jurat Notarizations can vary from state to state. The main thing to understand in Jurat wording is that it must state that the signer appeared before the notary, signed the document before the notary, and swore under oath before the notary.

Additionally, Jurat wording or Jurat verbiage will indicate the date of the notarial act or transaction as well as a venue which constitutes the state and county where the notarial act took place!

You can typically use out of state Jurat verbiage so long as the wording is not substantially different from the Jurat wording in your state. Check with your state’s notary law handbook to verify this point.

A Jurat form could have room for a hand written statement which the signer swears to under Oath. Or, you can attach a Jurat certificate to a document which is being notarized and stamp the certificate instead of the actual document.

Signers are typically asked to raise their right hand and swear under oath during a Jurat notarization. The notary will ask an Oath question using his/her/its own choice of wording. The signer is asked to give a clear oral affirmation to that question. Most Notaries are not well practiced in the art of administering Oaths and it is recommended that they practice giving Oaths before going out in the real world notarizing for people.

Jurats are the 2nd most common type of Notary act, Acknowledgments being the 1st most common.

You might also like:

Jurat definition and a string of other Jurat related posts
http://blog.123notary.com/?s=jurat

Notarizing Children
http://blog.123notary.com/?p=6947

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September 2, 2013

Notary Perjury and Oaths

Filed under: Legal Issues,Notary Acts & Certificates — Tags: , , , , , , — admin @ 3:08 am

Notary Perjury

What is Notary perjury? Is that when a notary lies under Oath or when an Affiant lies under Oath to a Notary Public or other state official? In real life there is no such thing as Notary perjury — there is only regular perjury. Don’t get caught lying under Oath — tell the truth!

Penalty of perjury
If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. Lying under Oath is a Felony and Federal crime punishable by jail time of up to five years. The problem is that Notary Oaths are not always very clear. The Notary might have you swear to a document, but what are you actually swearing to? Are you swearing that the document is true, or that you will follow the terms in the document, or both?

What types of things do people lie about?
People might lie about what their legal name is. Sometimes people want to use an alias. Sometimes the name a person has on the Title of a property might not exactly match the name on their identification document which could cause a lot of confusion and legal issues. Another common lie that I might have been told for years (no evidence either way) is on the Occupancy Affidavit. Borrowers can get a discounted interest rate if they claim to live in the building (house) they are borrowing on. The Occupancy Affidavit makes that borrowers swear that they are residing in the property as their primary residence. But, it is common for borrowers to lie and be using the property as an investment property or second home — an example of “Notary perjury”.

People don’t always take the Oath seriously
My biggest objection to being a notary was that people didn’t take Oaths seriously. I sometimes had to ask people multiple times to raise their right hand all the way up — no, not two inches up — all the way up. Mumbling an inaudible “yes” just doesn’t cut it with me. I think that as a Notary Public, you should remind your Affiants of how serious and formal the Oath actually is. I would also tend to think that your Oath takers will be more likely to tell the truth if they are aware of how serious an Oath is and if they are aware of how they could be subject to penalties of perjury should they lie. I have never heard of anyone being punished for lying under Oath to a notary. I have only heard of people getting in trouble for fraud. But, keep people honest in any case! Being a Notary Public is a serious profession that protects the integrity of signatures and society!

You might also like:

Can a Notary get in trouble?
http://blog.123notary.com/?p=21429

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

When are you required by law to give Oaths as a Notary?
http://blog.123notary.com/?p=21017

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August 21, 2013

What is a Jurat?

Filed under: Notary Acts & Certificates,Popular on Twitter 2013,Popular Overall — Tags: , , , — admin @ 8:49 am

Many people do not fully understand what a Jurat is. The term Jurat is loosely (and incorrectly) used to describe any notarial form. “Just mail me a Jurat” is a common request (that happens to be illegal). Never mail loose certificates. A Jurat is one of many types of notarial acts. Common notary acts include: Acknowledgments, Jurats, Oaths, Affirmations, Protests, and some states allow witnessing, safety box opening, Proofs of Execution and other notary acts. Notary acts and laws differ from state to state.

A Jurat is a Notary Act that typically requires the signer to be identified, although laws in the past in many states did not require the signer to be identified (believe it or not).

The distinguishing characteristic of a Jurat is that it has an accompanying Oath — AND the signer must sign the document before the Notary Public. An Acknowledged signature may be signed hours, days or years before it is notarized! The wording for the Oath is up to the notary. Unfortunately, many notaries are not very good at administering Oaths and some skip the procedure altogether (which is illegal).

You can attach Jurat wording to a document. Or, just write a quick statement that you intend to swear to on a Jurat form. But, if you need an Acknowledgment certificate, don’t ask for “A Jurat”. It is not the same thing legally. Also, please note that the notary is legally forbidden from deciding what type of notarization you need. So, if your Attorney or document custodian doesn’t tell you what type of notarization you need, please ask them before the notary shows up! Good luck!

Tweets:
(1) The term Jurat is loosely (and incorrectly) used to describe any notarial form.
(2) “Just mail me a Jurat,” is a common, but illegal request!
(3) A #Jurat is a notary act requiring the signer 2sign before the notary, swear & be identified.

You might also like:

Basic Notary Acts – Notary Public 101
http://blog.123notary.com/?p=19500

Jurat Definition
http://blog.123notary.com/?p=21342

Jurat wording step by step
http://blog.123notary.com/?p=7875

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July 5, 2013

Notarizing a Name Affidavit

Filed under: Affidavits,Notary Acts & Certificates — Tags: , , , , — admin @ 8:57 am

Most loan document packages include a name affidavit which could also be called a Signature Affidavit and AKA Statement. There are many variations for what this document is called.

Or, should I say that there are many NAME variations for what this document is called?

In any case, this document is notarized the same way that any other notarized document is notarized, EXCEPT, that the signer is signing more than once.

In the notary verbiage, there will be the word name(s) and signature(s) — typically, for a notarization of a single individual, the (s) will be crossed on in both cases. But, on the Signature Affidavit and AKA Statement, the (s)’s should NOT be crossed out as a single person will have multiple name variations, and multiple signatures — one signature per name.

If the signer is a jazz musician, then the Signature Affidavit and AKA Statement might get really long with all of the name variations.

Here is a sample of some of the interior notary verbiage in a California Notary Acknowledgment Certificate Form..

….. On _________ before me, ________________________________________,
(name of notary public )
personally appeared _____________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument….

You might also like:

Index of information about notarized documents
http://blog.123notary.com/?p=20258

30 Point Course Signature Affidavit
http://blog.123notary.com/?p=14356

The signature name affidavit – what it is an its purpose
http://blog.123notary.com/?p=22541

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July 2, 2013

Find a notary public at the last minute on 123notary.com

Filed under: Find a Notary — Tags: , , , , , , — admin @ 8:28 am

Do you ever need to find a notary public at the last minute? You might need to find a notary office, or even find a mobile notary public who will travel to you. It seems like a difficult thing to do. You ask around. You ask where you can find a great notary public. You might assume that you will have to stand in line at some bank or office and fill out a lot of forms.

It is easier than that. Just visit www.123notary.com and click on the FIND A NOTARY page. Find 7000 mobile notaries throughout the United States. We have notaries in every state by the boatload. We even have notaries in remote parts of Montana, Hawaii, and Delaware.

Notaries on our site who have our certification icon are a lot better trained than those who don’t. So, even if your notarization is an easy one, it pays off to have someone who knows what they are doing. We have Notaries who speak many foreign languages as well and sometimes have other unique skills like being a wedding officiate, knowing how to do Apostilles, or having intimate knowledge of many types of loan packages.

Good luck finding a great notary on 123notary.com!

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How do you let people know you are a notary?
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Common notary acts from A to Z
http://blog.123notary.com/?p=2392

Power of Attorney Signings
http://blog.123notary.com/?p=1627

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May 9, 2013

What is a notary public?

Filed under: Popular on Twitter 2013,Popular Overall,Public Interest — Tags: , , , , , , , , , — admin @ 5:17 am

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

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You might also like:

Notary Public Information 2018 Edition
http://blog.123notary.com/?p=20075

Notary Public 101 Real Life Scenarios
http://blog.123notary.com/?p=19681

Notary Public 101 Quick Review Pointers
http://blog.123notary.com/?p=19679

10 Risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

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April 20, 2013

Types of witnesses in the notary profession

Filed under: Witnessing — Tags: , , , , , , , , , , — admin @ 10:25 pm

Types of Witnesses in the Notary Profession

All the names of witnesses in the notary profession can be confusing if you don’t know your terminology. I am going to write a brief tutorial of various types of witnesses.

Witness
Anyone who witnesses a signature can be a witness. In general you should be 18 years of age or older to serve as a witness. A witness could engage in the act of witnessing a signature.

Credible Witness
Most states allow the use of Credible Witnesses to identify a signer. Some states will allow two Credible Witnesses who know the signer, but do NOT know the notary. Some states will allow one Credible Witness who knows the signer as well as the notary. Some states will allow one or two Credible Witnesses. Consult your state’s notary handbook for details.

Credible Identifying Witness
A more legal or technical term for a Credible Witness

Executing Witness
Also known as a Subscribing Witness that would be used in a Proof of Execution signing. Don’t make a mistake on this type of notarization or the joke is that you will be executed!

Subscribing Witness
A witness who watches someone else sign their name. The word “sign” can sometimes be synonomous with the word “subscribe”.

Subscribing Witness for a Signature by X signing
A Subscribing Witness is also the term for someone who watches and assists in a Signature by Mark or Signature by X signing.

Witness to a Jurat Signature
Notaries are required by law to witness signatures that correspond to Jurat notarizations. Signatures that are to be acknowledged on the other hand, do NOT need to be witnessed, and can be signed before (even years before) the signature is acknolwedged.

Witness to a Will
Being a witness to a Will is similar to any other type of witnessing, except for the fact that the witness might need to (or probably should) document the fact that they witnessed a will signing on the signature page of the Will. Wills are by definition, orten much more serious than any other type of document.

They are often more important even than Power of Attorney documents or Grant Deeds. Another reason why witnessing signatures on Wills is so critical is because the signer will probably be dead if and when the document is disputed. It is too late to drag someone into court to testify if they are deceased!

You might also like:

Compilation of posts about credible witnesses
http://blog.123notary.com/?p=20414

Can a notary witness a Will or notarize one?
http://blog.123notary.com/?p=1525

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

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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