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March 1, 2012

Sample Affidavits & Sample Oaths

Filed under: Notary Acts & Certificates,Ultra-Popular — Tags: , , , , — admin @ 3:02 am

Notaries have to perform Oaths as part of their job.  But, many have no idea how to do this. If you are notarizing an Affidavit, you generally use a Jurat form, and you need an accompanying Oath. It is an infraction of notary law to omit the Oath, so don’t forget!
 
How do you word an Oath? 

Let’s say, that you have an Affidavit about some business arrangement in front of you.  You watch the signer sign the document in front of you as is required.  Then, it is Oath time… 
 
Oaths generally begin with:
“Please raise your right hand!”
“Do you solemnly swear…”  You could begin with, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?”
 
But, what is the purpose of the Oath about the Affidavit?  You need to have the signer swear that they understand the document, agree to the document, and will abide by the terms of the document which is usually some sort of contract.
 
When I was doing this job, my standard Oath verbiage was:
“Please raise your right hand… Do you solemnly swear that the contents of this document are true and correct, that you agree to it, and will abide by the terms in this document?”
 
The answer that I accept is a clear, “I do”.  I never accept grunts, or uhs, or ahs. People don’t always take Oaths seriously, but I do, or should I say, “I do!”.
 
If you are notarizing five affidavits for an individual, do one separate Oath for each notarized document or signature.
 
Good luck!

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

Affidavit of Support
http://blog.123notary.com/?p=17528

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

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

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February 21, 2012

All you need to know about notary work

Filed under: Public Interest — Tags: , , , , — admin @ 7:56 am

All you need to know about notary work 

There is a lot to know about notary work.  You should visit your state’s notary division website to learn what they want you to know about your state’s notary laws. Regardless of what state you are in, you need to know:
 
Who can become a notary?
Generally state residents who are 18 or older who don’t have a felony conviction or misdemeanor involving dishonesty.  Some states allow residents of neighboring states to apply to be a notary as well.
 
What is the application process to become a notary?
Some states have online applications, while others require you to mail it in. Each state has a different application fee. Check your state’s notary division website for more information
 
What is the procedure to get my official notary seal (notary stamp)?
Most states require the use of a notarial seal, but some states have authorization forms to get your seal.
 
How do I get my notary commission paperwork?
Most states will mail this to you.  Many states require you to file an Oath and Bond at a county recorder’s office, or some other government office in your area.

 Do I need to be bonded to be a notary?
Refer to your state’s notary division website for information
 
What notary acts do I need to know about?
Most states allow notaries to perform notarial acts such as:Acknowledgments, Jurats, Affirmations, Oaths, and Protests.  Some states allow copy certifications for particular documents, and there are other types of notary acts as well that are particular to certain states. Please read your state’s notary division website to learn the details.

 Do I need to keep a journal of notarial acts?
Most states require a journal, but even if they don’t, you should keep a journal for your records in case you are called into court.  A well maintained journal is evidence that can be used in court, or keep you out of court.  You will not remember someone you notarized five years ago, so keep good notes in your journal if something strange happens at the notarization.
 
How do I identify signers?
Generally, a current drivers’s license, state identification card, or password will do.  The ID should be a current government issued photo-ID with a physical description, signature, serial number, and expiration date.  Other forms of identification might be allowed, so please visit your state’s notary division website to learn the details of your state’s rules
 
Attaching certificates.
Notary acts such as Jurats and Acknowledgments require notarial paperwork to accompany the act.  Oaths often do not require a certificate though. Notary certificates come in pads, and you simply fill out the certificate with information about the document and the signer, the date you notarized the document and a few other pieces of information — then you stamp the certificate paper, and staple it to the document.  The document itself might have the certificate on it which means that you do not have to attach a loose certificate.
 
What else do I need to know?
You could learn about how to use credible witnesses, signature by mark, and other types of notary procedures.  You should learn how to take journal thumbprints for your security in identifying potential frauds.  Become an expert on your state notary handbook (if your state has one).  You are responsible for all laws pertaining to notaries in your state.
 
Can a notary notarize outside of their state?
There are some weird exceptions in two states, but as a general rule, you are not authorized to perform notary acts outside of your state boundaries.  If you live near a border, consider getting commissioned in the neighboring state if that state will allow it.
 
How long is a notary term?
Notary terms can range from three years to life, however, the majority of states have a four or five year notary commission term.
 
How do I make money as a notary?
Become a mobile notary, get a loan signing course from 123notary.com, and advertise on our site to get business as a loan signer and mobile notary if your state allows loan signing!

You might also like:

Notary Public 101
http://blog.123notary.com/?p=19493

Penalties for Notary misdeeds & misconduct
http://blog.123notary.com/?p=2067

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Where do credible witnesses sign the notary journal?
http://blog.123notary.com/?p=2508

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

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January 31, 2012

What is Signature by X or by Mark?

Filed under: Credible Witnesses,Notary Acts & Certificates,Technical & Legal — Tags: , , , , — admin @ 9:26 am

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

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January 4, 2012

How to complain about a notary public

Filed under: Public Interest — Tags: , , , — admin @ 12:33 am

How to make a complaint about a notary public
If a notary public in your state did something wrong, then you should complain about this notary.  But, who do you complain to about a particular notary public?  If it is a petty complaint, then you can keep it to yourself, or visit the BBB site. However, if there was a criminal act committed by the notary involving fraud, or some other serious issue, then please contact the notary division in your particular state.

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Notary fined $385 for botching a notarization
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Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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

Common complaints we get about Notaries
http://blog.123notary.com/?p=19399

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January 3, 2012

Finding a notary for adoption papers

Filed under: Find a Notary,SEO — Tags: , , , , , , — admin @ 12:30 am

Notary for Adoption 

If you need a notary for an adoption, keep in mind that there might be many documents to be notarized.  However, the notary is not free to give advice about any of these documents. The notary public just makes sure that you signed the documents and notarizes your signature(s). That is it.  You (the signer) will be required to sign the notary journal once for each signature that is being notarized. If you need advice about the notary procedures for an adoption, please consult an attorney.  The notary’s purpose is only to notarize documents and NOT to give advice…

Adoption paperwork packages tend to be long and cumbersome, so please allow ample time to read and sign the long stack of documents.

Please use 123notary.com to find a notary that can help you with your unique needs!

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Notarizing for an adoption
http://blog.123notary.com/?p=3267

Where can I find a Notary to sign adoption paperwork? (2016)
http://blog.123notary.com/?p=18793

Tips for notarizing international adoption documents
https://www.nationalnotary.org/notary-bulletin/blog/2015/07/tips-notarizing-international-adoption-documents

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December 16, 2011

Notary FAQ based on recent search queries

Filed under: Public Interest — Tags: , , , , — admin @ 12:17 am

Here are some interesting and random FAQ type questions based on search queries made to our blog.
 
Q. How do I know if the notary can be trusted?
A. Notaries are screened by their respective states.  Screening in California is more rigorous and involved live scan fingerprints, and checks with the FBI and DOJ, while many states are more lackidasical. Some notaries are crooked in what they do, but I have never heard of a notary engaging in an act of fraud against their client.  Keep in mind that notaries do not keep possession of documents that they notarize, so after a client is gone, there is not much fraud that they could engage in against a client.  More common frauds involve helping a client falsify a date on a document or notary certificate.  A less common but very serious fraudulent act might include notarizing a forged signature on a deed effecting real property.  If you are so paranoid, what do you think this notary is going to do to you?
 
Carelessness and incompetence is 50x as likely to harm you than fraud
The real danger with notaries is more likely to do with carelessness and poor training more than issues to deal with trust.  More than 50% of notaries just simply don’t know what they are doing  and don’t know their state notary laws well enough to handle even the simplest types of notarizations.
 
If you want to check up on a notary, you can ask them for references and try to find out how much notary work they do, which is still not much of an indication of competency.  Also, check the notary’s ID to make sure they are the same person whose name is on the notary seal!
 
Q. Can I make a living being a notary?
A. Being a notary is at best a part time activity which you squeeze in to all of the other things which you are hopefully busy doing.  A store owner can notarize for clients, as can a real estate broker.  Mobile notaries go and do loan signings, but usually have other on call jobs (or full time day jobs) that they do.
 
Q. Can you amend a notarized document after it has been notarized.
A.  I have three answers for this question:  (1) No (2) Never (3) No way, buddy.  If you need to change or amend the document, then draft it how you want it, sign it, and have it notarized all over again. Yes, that will cost you more, but that is the only legal way to do what you want to do.
 
Q.  How do you know if someone is a fake notary?
A.  Check their identification to see if it matches the name on the notary seal.  It is a common fraud for people in offices to illegally “borrow” their colleagues notary seal. Usually they do this to save time, and no harm is mean, but they could go to jail for this as it is illegal!   Also, make sure their notary seal hasn’t expired.  If you really think that the notary is fake, then contact the Secretary of State’s (Department of State, Secretary of Commonwealth) Notary Division and ask if that “fake notary” is a real notary!

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I make mistakes too! – A notary certificate that needed amending
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How much does a Notary cost in 2019?
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Background Screening for Notaries
http://blog.123notary.com/?p=2418

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

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December 9, 2011

Affidavit of Citizenship

Filed under: Public Interest — Tags: , , , — admin @ 2:45 pm

Affidavit of Citizenship 

This is a commonly notarized document.  Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well.  The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary.  It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document.  In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice.  Below is wording that I typically used when I helped people draft these types of documents.
 
Sample wording for Affidavit of Citizenship
 
I  (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.
 
 
—————————–
Signature of affiant
 
(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)
 
If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question.  What do you want this document to say? For example, “I solemnly swear that… what?…”.   Then they will give their answer.  Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”. 
 
You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary.  Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.

Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.

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Affidavit of Citizenship on Modern Family
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Affidavit of Support & Direct Communication w/the Signer
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Affidavit of Citizenship 2016 Edition
http://blog.123notary.com/?p=18847

Notarized Affidavit Information
http://blog.123notary.com/?p=1963

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December 7, 2011

Has anyone failed the notary exam?

Filed under: Become a Notary,SEO — Tags: , , — admin @ 10:01 pm

Has anyone failed the notary exam? 

Each different state has a different notary application and different standards for who can become a notary. Generally you need to be a legal resident of the state in question, or at least working in that state.  You need to be 18 years of age or older as well, and not be a felon.  But, testing standards vary state to state. But, you might ask, “What do I do if I fail the notary exam?”
 
Louisiana notary exam…
Louisiana has a tough test, and weird commission standards. You are commissioned for life there, but you can only work in one Parish, unless you have a special commission that allows you to work in several reciprocal Parishes (how complicated).  Most states allow statewide jurisdiction.
 
California notary exam… 
The California test used to be reasonably passable, but in recent years, it has become tougher and tougher and the result is that fewer people are becoming notaries.  There is a proctored examination and it is timed as well. Good luck and make sure to take the six hour required course from a state approved vendor
 
New York notary exam..
New York also has a notary exam.  I have heard that it is not as hard as California’s, but you should study hard in any case.
 
Failing the test?
If you fail your state’s notary exam, each state has different rules for when you can take it again.  BTW, many states don’t have a notary exam to begin with, but they should, because there is a lot to know about this line of work, and the states should make sure that people know what they are doing.  Even people who pass the test still don’t have a clue how to deal with many daily and practical situations.  Most states will allow you to take the exam again.  The main point is to study hard and review a lot before attempting the test.  Also, take a seminar, even if you have to take it twice.  You will absorb what you were taught there, and need that knowledge for the life of your commission. 
 
Is there a fee for taking the exam again?
Most if not all states will want to charge you and make you fill out more paperwork to take the notary exam another time.  So, find out how they want you to make your check out, and where to go.

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Why notaries don’t last
http://blog.123notary.com/?p=4087

Notaries who failed the California notary exam
http://blog.123notary.com/?p=21433

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December 3, 2011

Notarized Affidavits Information

Filed under: Affidavits,Public Interest — Tags: , , , , , — admin @ 3:28 am

Notarized Affidavits

There are many types of Affidavits that show up before notaries throughout the country. Commonly notarized Affidavits include: Affidavits of Citizenship, Affidavits of Support, Business Affidavits, Affidavit of Occupancy, Signature Affidavits, and Affidavit of Financial Status. The main thing to understand about Affidavits, is that they are normally notarized using a Jurat certificate. However, the notary is not allowed to choose or recommend a particular type of certificate for the signer or client. However, it is not a crime to say that people “usually” use a Jurat when doing this type of notarization as long as you clarify that you are not advising them. Affidavits normally contain sworn statements In any case, affidavits usually contain a sworn statement or a Jurat certificate which by definition contains a sworn statement.

The signer is supposed to sign in the presence of a notary, and then raise his/her/their right hand and swear under oath that they consider the contents of the document to be true and correct, and that they will abide by the conditions in the affidavit (if there are any). I am generalizing what the oath should be about. It is up to the notary to make up an Oath, so make something up that makes sense under the circumstances. What is an affiant? An affiant is the person who swears under oath to the contents of an Affidavit. Administer an Oath Just for the record, a notary is a person who is in charge of various notary acts including administering an Oath. You might also use the word “give” in association with giving an oath, although it is more normal to use the term “administer”.

Sample Oath for a Notarized Affidavit
Q. Do you solemnly swear that the contents of this document are true and correct, and that you agree to abide by the terms in this Affidavit?
A. I do.

Where can I find a notary to notarize an affidavit?
Just visit the advanced search page of www.123notary.com and you can find many choices of notaries in your area anywhere in the United States.

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See our string on Affidavits
http://blog.123notary.com/?s=affidavit

Oaths — how Notaries completely screw them up
http://blog.123notary.com/?p=19369

Affidavit of Support
http://blog.123notary.com/?p=17528

The Signature Name Affidavit
http://blog.123notary.com/?p=13190

Airline Meals vs. Oaths & Affirmations
http://blog.123notary.com/?p=19549

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Filed under: Notary Acts & Certificates,Popular Overall 2011,Ultra-Popular — Tags: , , , , , , , , , — admin @ 1:28 am

Notary Certificates,  Notary Verbiage & Notary Wording

Notary terminology is sometimes confusing, so there are a few things to remember.  There are different types of common notarizations.  Acknowledgments and Jurats require certificate wording (notary wording), and Oaths and Affirmations could be purely verbal.  A Jurat requires that an Oath or Affirmation accompany the signing and certificate wording (notary wording, notary verbiage).  An Acknowledgment is purely paperwork in most cases, however, I have seen even an Acknowledged signature have an accompanying Oath.  80% of notarizations are Acknowledged signatures, while roughly 19% are Jurats, and the remaining 1% would be a mixture of other types of less common notary acts.
 
Acknowledged Signatures
The 2011 & 2012 notary certificate for an acknowledged signature includes a venue (documentation of county & state), the name of the notary, the name of the signer, the fact that the signer appeared before the notary and acknowledged signing a particular document.  The current notary verbiage on this form should include the date of the signing, and the signature and official seal of the notary as well.  The actual notary verbiage differs from state to state.  California notary verbiage is a bit different than Ohio notary verbiage.  Also, Ohio has different types of acknowledgments such as corporate acknowledgments and an attorney in fact acknowledgment.  You should ideally research your state’s notary verbiage to see what it is.  If you visit our find a notary page, there are links to states, and on the state pages, you can find a lot of information about acknowledgments and jurats in those states.  We have detailed information for Florida, Illinois, Michigan, California, Arizona, Ohio, and a few other states as well.
 
Jurat Signatures
The notary certificate for a jurat signature / oath has changed in many states. It is/was normal to have a venue, and then say, “Subscribed and sworn to before me (name of notary) by (name of signer) on (date).”  Then there would be a signature of the notary, and a place for the official notary seal.  Jurat verbiage also can differ from state to state so please look it up on google. 
 
Certificate forms.
Notary certificates can be notary wording / notary verbiage that is embedded on the last page of a document, or sometimes within a document if there are intermediary signatures.  If the notarial wording is NOT included, you must add a loose certificate and attach it to the document (by stapling). 
 
Filling out the forms.
Many notaries don’t understand how to fill out notary wording on certificate forms.  Let’s say a guy named Paul Solomon is the signer.  If the form says,
 
(note: this is not real Florida notary wording — I am making it up for educational purposes)
In real life, the Florida notary certificate is much simpler than this, but in other states there are cross outs that the notary needs to make. 
 
State of Florida
County of Brevard
On 8-11-2010 before me John Doe, notary public, the foregoing document was acknowledged before me by Paul Solomon, who acknowledges signing the document in his/her/their capacity(ies).
 
(notary seal)
 
In this example, it is the notary’s job to cross out the “her” and “their”, and the “ies” in capacities.  More than half of notarizations that I have seen were done by notaries who omitted to do the cross-outs.

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Notary boiler plate wording
http://blog.123notary.com/?p=2432

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

Notary Verbiage & Notary Wording
http://blog.123notary.com/?p=18854

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