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March 22, 2015

Point (12) Cross-Outs; Marcy & The Flood Affidavit

Filed under: Loan Signing 101 — Tags: — admin @ 10:06 am

Our friend Marcy is very flustered by now. Everything she does is just plain wrong. But, she has no other way to make a living, so she just continues to, as her friend puts it, “Go out there!”

MARCY: Hi, I’m Marcy, and I’ll be your Notary tonight.

SALLY: Thanks for coming Marcy. Let’s get this signing started.

MARCY: Sounds like a song the way you say it.

SALLY: I listen to a lot of music. I’ve looked over the documents, and everything looks good except for the Flood Affidavit. I refuse to sign this no matter what.

MARCY: Oh boy. I’ll call the Lender. (ring-ring) Nobody answers. I’ll leave a message. “Hi, this is Marcy the Notary for the Rodriguez Signing. Sally Rodriguez is refusing to sign the Flood Affidavit.

SALLY: And one more thing. I don’t like one of the names in the Name Affidavit.

MARCY: Well, in my first Signing Agent course it teaches us to just cross-out any wrong information. Not sure what my second course says as I am only half-way through reading it.

SALLY: How reassuring. I hope it was not the part that was crossed out. I’ll just cross it out.

MARCY: Great. I’ll send these documents back with a note.

Marcy made several more mistakes here. Her self-esteem must be zero right now. Poor Marcy. But, it is her fault for not studying more! First, she did not put the unsigned flood affidavit on the TOP of the package. It was not found until after it was too late. Sally lost her lock as a result and had to pay an extra half a percent interest which cost her $20,000 over the life of the loan. This is partly Sally’s fault for refusing to sign, but partly Marcy’s fault for not putting the note on the top of the package with the document, so whoever opened the package would know there was a problem right away.

The second mistake Marcy made was allowing a cross-out. As a general rule, you cannot make cross-outs on documents. On Notary Certificates you can cross-out, although recorders don’t like it and might reject a Deed with a cross-out. But, on Legal documents crossing something out is as good as shredding the entire document in most cases. White-out is even worst — never use white-out no matter what.

However, there are times when Notaries can and should use cross-outs, so read the text!

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Point (12) Cross-Outs

Notaries are often too happy to cross-out and initial.
Some signing courses teach notaries to cross-out anything which is wrong and have the borrower initial. There are many Lenders (Provident Title being the most famous) that will not allow any cross-outs on any documents no matter what. You will ruin the loan by crossing anything out. So, ask your contact person for permission to cross anything out. If a contact person is not available, read the LETTER OF INSTRUCTIONS. In any case, cross-outs should be done as a last resort if done at all. If the signer won’t sign the document in any case, and you can not find out if the lender will permit them, maybe it is worth the risk to cross something out, if the signer will at least sign the document.

Wrong Names?
If a signer needs to sign his name differently than typed (with permission of the Lender) do NOT cross anything out. The processor will make the necessary changes, just sign as instructed.

The RTC
If the dates are wrong on the right to cancel and there are no borrowers’ copies with the dates left blank, you can cross-out and have the borrowers initial the change in dates. If the borrower signs where it says, “I wish to cancel” and there is no borrower copy, you might be forced to cross-out and have the borrower initial, and hope for the best as there is no other alternative.

Acknowledgment & Jurat Certificates
If a date or county is wrong in a Notary Certificate, it is better to start with a fresh certificate. But, if it is not possible or permitted by the Lender to use a new certificate, you are forced to cross-out and initial. On certificates it is the Notary, not the borrowers, who does the initialing.

County Recorders
The County Clerk is likely to reject a notarization if there are cross-outs in the notary section. For Deeds, be extra careful not to have any smudgy seals, cross-outs, or anything else wrong. Each County Clerk is different and some are pickier than others. As for those who insist on calling a tomato a fruit, don’t even get me started!

The 1003
Borrowers can usually get away with cross-outs on the 1003 as this is not a final document in the loan process. It is still unadvisable to cross things out as the Lender might reject the loan. Lenders often want to sell loans, and if there is anything wrong, then the 3rd party buyer might decline not only that loan, but all of the loans in the package from that particular Lender. So, try to avoid making a mess.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (13) Call The Lender?
http://blog.123notary.com/?p=14421

Cross-out and initial?
http://blog.123notary.com/?tag=cross-out-initial

Cross-out happy; Not a good idea
http://blog.123notary.com/?p=4449

Common mistakes on 1003 and crossing out, RTC, TIL & APR
http://blog.123notary.com/?p=4553

.

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March 2, 2015

Best Blog Articles for Advanced Notaries

Filed under: Loan Signing 101,Popular on Facebook (A little) — Tags: — admin @ 12:55 pm

A few months ago, we created a post which was a compliation of all of the best posts for beginners. It became very popular on Facebook. We like to write lots of posts here at 123notary. But, on Facebook, we tend to only post a few dozen posts per month, so we prefer to post really helpful or popular content there. So, here are my recommendations for the absolute best posts that any seasoned Notary should read!

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MARKETING

Do you have to be a CSS to get work these days?
As a Signing Agent, you need to know which signing agents are getting the most work and why. What changes do you need to make to be the type of signer who gets the best offers? Find out!
http://blog.123notary.com/?p=8914

What’s the difference between getting 16 clicks/month and 100?
Notaries that optimize their listing get a lot more results than you might think!
http://blog.123notary.com/?p=13185

Poo picking — getting the best notary jobs
Do you settle for less, or do you know how to get the best quality Notary jobs?
http://blog.123notary.com/?p=9273

From 3 jobs per week to 3 jobs per day!
This Notary went from rags to riches by making a few simple changes. Find out what his secret is!
http://blog.123notary.com/?p=3940

5 or 6 reviews doubles your business
Most of our serious notaries understand that it is imperative that they get reviews. But, how do you get them and how many do you really need?
http://blog.123notary.com/?p=8484

A great attitude gets most of the jobs
Skills are one thing, but nothing beats a great attitude!
http://blog.123notary.com/?p=6493

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TECHNICAL

Signing Agent Best Practices — 63 Points
This long article covers technical, marketing, legal issues, and more. Here is a compilation of the most professional tips that any seasoned notary should master.
http://blog.123notary.com/?p=4315

The 30 point course synopsis
This course is FREE and recommended to all Notaries whether experienced or new! It caters to Notary knowledge of all levels. It even includes a free over the phone test that you can take once per year. By taking this course & test, you get a number from 1-30 assigned to you that represents your current skill level. This number will eventually be published on your profile and could attract clients!
http://blog.123notary.com/?p=14233

Protecting yourself with a contract
There are so many critical payment terms to include in contract. Have you ever thought about it?
http://blog.123notary.com/?p=2593

Notarizations Dates, Document Dates & Signature Dates
All of these different types of dates can be confusing. Do you know what a transaction date is for example?
http://blog.123notary.com/?p=2421

Mobile Offices from A to Z
Mobile offices give you the freedom to print on the road which makes it possible to do a lot more jobs per day and make a lot more money as a mobile notary.
http://blog.123notary.com/?p=535

Optional Information in an Acknowledgment Certificate
Filling this information could keep you out of court and prevent fraud!
http://blog.123notary.com/?p=4407

I go over the HUD-1 first
One notary likes to go over the fees before even signing the Deed of Trust. Read her strategy!
http://blog.123notary.com/?p=4819

Industry Standards in the Notary Business
Here is a comprehensive article about standards in the business covering topics such as cross-outs, initialing, unsigned documents, and more…
http://blog.123notary.com/?p=4370

Mistakes Notaries make with Title Companies
Notaries make mistakes that many of us might be completely unaware of that cost you jobs!
http://blog.123notary.com/?p=4412

I’m being sued, and E&O won’t help
E&O covers Notary errors, not other errors. But, what if the Notary gets sued because the Lender made a mistake?
http://blog.123notary.com/?p=3570

How do you explain the APR to a non-borrowing spouse?
Most Notaries are completely unrehearsed at explaining the APR. What about you?
http://blog.123notary.com/?p=4455

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PRACTICAL

Getting Paid, the ins and outs
Most notaries have trouble getting paid, but follow our easy steps and you’ll never have trouble again!
http://blog.123notary.com/?p=27

Interview with Timios Title
Yet another interview with a really popular Title company.
http://blog.123notary.com/?p=6718

Signing Company Gossip
This link is not to a particular post, but to a string of signing company gossip posts. As Notaries, you need to understand the behavior of signing companies. You need to know which ones are reliable, which ones used to be good and went downhill, and which ones are just trouble!
http://blog.123notary.com/?tag=gossip

Notary etiquette from A to Z
Don’t park in the driveway and don’t discuss politics. But, there are many other things Notaries need to know too!
http://blog.123notary.com/?p=300

Interview with Title Source
An interview with one of the best Title companies out there.
http://blog.123notary.com/?p=6553

How to get paid by out of biz signing companies
Yes, it is possible. Just follow our proven system!
http://blog.123notary.com/?p=8646

Choosing a name for your business license
Everyone chooses a business name, but is your business name any good?
http://blog.123notary.com/?p=7103

Notary Information for Beginners — Best Posts
Here are about 20 of the most really useful posts for beginners. Seasoned Notaries might find these posts useful or interesting as well.
http://blog.123notary.com/?p=10472

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February 22, 2015

Point (3) RTC (4) Closing Disclosure; Story: The Starbucks Signing

The Starbucks Signing
Marcy hadn’t completed her certification test yet. After all, why should she. A little test couldn’t be that important, right? But, she was anxious to get started. She completed her notes section on her 123notary profile. She wrote:

I am reliable, prompt, punctual and professional. Call me for any mobile notary job!

She got her first call a few days after signing up. She answered the phone as her infant was screaming. The screaming was so loud that the person on the other end of the line couldn’t hear what she was talking about. The client decided that Marcy wasn’t very professional.

Then, another call came in. She answered it and got the job. She was to notarize a Grant Deed. She had never seen a Grant Deed, but how hard could it be to notarize. She knew how to fill in an Acknowledgment form. Her baby started screaming right when she was leaving. She left the baby with her husband and went out to do her job. She arrived 20 minutes late as a result of her baby having a fit. The customer said, “Your profile claims that you are punctual, but you are 20 minutes late!” Marcy said, “But, I am punctual, it was just this one time!”

Then a third call came in. They needed a loan signing done. Their house was under repair, so they agreed to meet at a local Starbucks. Marcy’s husband wasn’t around, so she decided to take her baby with her. Luckily for her, the signers loved children, particularly infants. The signing started off okay. Marcy had received a FedEx package of the documents. Everything was in order. She put the documents on the table, and kept the borrower copies in the FedEx. She didn’t know how to introduce the documents because she had never studied loan signing. Her course book was sitting on her desk collecting dust. She would soon learn that book knowledge would help her out of a very serious bind that was about to happen. Ooops!

The couple was signing away, when the toddler spilled Marcy’s mocha all over the Right to Cancel. All Marcy could say was, “I’m so sorry, I’m so sorry.” Marcy decided she had the Right to Cancel and obligation to cancel the appointment and have them start all over another day with another notary. She went home feeling mortified and devastated. But, she didn’t have to. Marcy made several simple mistakes. What were they?

(1) No drinks on the table. Drinks spill all the time. If you have drinks on the same table as documents, you are going to have a problem, it is just a matter of time. Drinks go on a separate table or a chair as a matter of policy. If Marcy had obeyed this signing policy, she would not have gotten in trouble.

(2) Don’t bring your three year old to a signing no matter what. It is not reliable or professional to do so, not to mention the trouble they could cause.

(3) The Right to Cancel was damaged, but there was a borrower’s copy of that document in the FedEx which Marcy could have used to substitute for the damaged one. An easy fix to a common problem. It is also common that borrowers sign in the wrong place on the Right to Cancel. You need to swap that document out if that happens as well.

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Point (3) The Right to Cancel

The Right to Cancel (Right to Rescission) gives the borrower in a non-commercial / non-investment refinance three calendar days not including Sundays or Federal holidays to read over the documents and consider their options. If borrowers want to spend three hours reading every page of the document, the Notary is encouraged to inform them that this is a signing appointment, and that they can review their borrower copies over the next three days and cancel within that time period if they have any dissatisfaction with the documents.

Dating: (Chaperone Not Included)
In addition to having the borrowers sign this document, it is often the Notary’s responsibility to make sure it is dated correctly. On the top of the document there should be a section that reads: “The date of the transaction, which is ____________________”. This is where the Signing Agent places the current date; this is known as the “transaction date”. Towards the bottom of the document it states: “no later than midnight of________.” This date is called the “rescission date”, and it states when the Right to Cancel period is finished. In this blank you would write the last day for the borrower to cancel, which is three days past the current date (excluding Sunday and major holidays). If it is Saturday the 20th, and Monday is a holiday, the last day to cancel would be Thursday the 25th.

What if the lender dated the document incorrectly? Cross out the incorrect date, write the new date, and have the borrower(s) initial the change. Never use white-out.

What if the transaction date is correct, but the lender is giving them too many days to cancel? Sometimes lenders are generous and give one or two extra days. Don’t correct that because it’s not an error; it is an act of generosity.

If the borrower carelessly signs where it says, “I wish to cancel”, the best way to remedy this situation is by using the borrower’s copy of the document (by the way, this question is on the exam); doing this will save everyone a great deal of trouble. If that is not possible, cross out the signature and have the borrower initial it. Then have them sign in the correct location.

Cancellation by Fax. The borrower always may cancel their loan by fax with all lenders by law within the (3) day right to cancel period.

Here is a list of all Federal holidays:

New Year’s Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day ( the Friday after is a regular day unless the lender states otherwise )
Christmas Day

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Point (4) The Closing Disclosure (formerly The Truth in Lending)

The Truth in Lending is now antiquated.

Notaries have become moderately familiar with the new Closing Disclosure. I want to stress some important points about this document that you should memorize.

1. The Closing Estimate
Previously there was a document called the Good Faith Estimate whose current replacement would be the Closing Estimate. Although these two documents are not even close to being identical, they go over the estimated costs of the loan among other information.

2. The Truth in Lending
This is now an antiquated document. The Truth in Lending had some bizarre and unhelpful verbiage about the prepayment penalty. It said you, “will, won’t or may” have a prepayment penalty. The Closing Disclosure states if you will or won’t but omits the ambiguous word, “may” from the document.

3. The APR
In addition to going over the APR, there will be a new figure discussed on the Closing disclosure called the TIP which is the total interest percentage.

4. Taxes, Insurance, Escrow Fees
Estimated escrow costs, insurance, taxes, servicing, assumption, and appraisal costs will also be covered in this new and exciting document.

5. The property address
Many loan signing courses claim you should look for the property address on the Deed of Trust or Mortgage. You can, but it is also on the Closing Disclosure on the upper left corner.

6. The Loan Amount & Rate
This is also covered on the upper half of page one.

7. Fees associated with the loan
The Closing Disclosure replaces the TIL and the HUD-1 Settlement Statement. So, items from the Settlement Statement such as fees or costs associated with the loan will be covered on this document.

8. Calculating Cash to Close
This is a very practical section that covers total closing costs, closing costs financeed, down payment, deposit, funds for borrower, seller credits, and adjustments. The bottom line in this section is the cash to close total amount.

9. Summary of Transactions
The sale price of the property, closing costs, HOA dues, deposits, loan amount, sellers credit, rebates, and local taxes are all part of the accounting spreadsheet in this section.

10. The additional information section about the loan
This section covers other specifications about the loan such as whether or not assumption is allowed, if there is a demand feature, negative amortization, late payments, partial payments, escrow accounts, and more…

11. Next, there is a basic loan calculation similar to what the TIL had with the total payments, finance charge, amount financed, APR, and the new figure which is the TIP.

12. There is a section listing other disclosures which will list the appraisal, contract details, liability after foreclosure (keeping it positive), refinance, and tax deductions.

13. And last there is contact information of the Lender, the Real Estate Brokers, and the Settlement Agents.

Sign below.

——————————————— ———-
Applicant Signature Date

Eventually I will create some test questions out of this material. I already have one, but I will derive some others as well.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?p=14233

30 Point Course (5-7) HUD, Occupancy Affidavit & Deeds
http://blog.123notary.com/?p=14546

The Right to Cancel done Wrong!
http://blog.123notary.com/?p=10001

Notary information for beginners: Best Posts
http://blog.123notary.com/?p=10472

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

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February 15, 2015

Signing Stream makes notaries sign a contract that they won’t write anything on forums

Signing Stream is a signing company that is written about from time to time on our forum. On our list of signing companies, the reviews of this company are more negative than they are positive. But, what is unusual is that this company has a contract that forbids the notaries from writing anything electronically about their company. As you know, many notaries enjoy posting on our forum as well as on Notary Rotary’s forum. Posting on forums is how notaries learn critical information about signing companies as well as how they share information with other notaries. It seems like this company wants to tie the notary’s hands and put them in a bind.

One notary told me that they don’t always get documents in time from Signing Stream and don’t always get paid on time. But, she also said that she knows other notaries who are always paid on time by them. So, it looks as if you need to be popular or lucky to get paid on time on a regular basis. I also heard that they don’t want to hear about payment inquiries until the payment is at least sixty days due. I can understand that they don’t want to be badgered and hounded by a bunch of broke notaries, but sixty days? I think that forty-five days is more reasonable. After all, notaries have a legitimate right to know if they will have any food on the table.

My question is: should notaries be willing to work for any company that prohibits them from publishing their opinion on a forum? Such terms seem very unreasonable and very questionable. I think this would be a good Facebook discussion!

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You might also like:

Signing Stream — commentary from Notaries
http://blog.123notary.com/?p=16658

2016 most active signing companies
http://blog.123notary.com/?p=16482

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August 29, 2014

Notary Information for Beginners – Best Posts

————————————
General
————————————

What is a Notary Public?
http://blog.123notary.com/?p=6498

What makes a mobile notary a mobile notary?
http://blog.123notary.com/?p=8302

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

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

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

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

—————————————
Become a Notary
————————————–

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

——————————
Notary Acts
——————————

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

Everything you need to know about Acknowledgments!
http://blog.123notary.com/?p=1199

Optional info on Acknowledgment Certificates
http://blog.123notary.com/?p=4407

Information about various notary procedures
http://blog.123notary.com/?p=2268

Interesting and uncommon notary acts
http://blog.123notary.com/?p=483

———————————
Additional Info
———————————

Industry standards in the notary business
http://blog.123notary.com/?p=4370

Fraud and forgery related to the notary profession
http://blog.123notary.com/?p=2294

Which states allow e-notarizations?
http://blog.123notary.com/?p=2528

Notarizing your foreign language document!
http://blog.123notary.com/?p=2768

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March 4, 2014

Choosing a name for your business license

Many Notaries get business licenses. They choose names for their companies. Often they want to use their property management company’s name on their notary advertisement. I think it is a bad idea. A good Notary business name should have the word “notary” or “signings” in it or at least sound attractive to somebody searching for a Notary Public.

Types of Notary business names to think about

“Polly The Notary”, would be a good business name. It makes it clear who you are and what you do. We have a handful of Notaries on our site who use similar sounding business names such as Ellen The Notary.

“Joseph’s Notary & Apostille”, is good because it lists two of your services and who you are. Apostille service is less common, so it makes it easier to identify that you provide this rare service.

“Sepulveda Signings”, let’s people know that you do notarizations or loan signings (probably) and ties you into a particular geographical location that makes you unique.

“Cranston & Cranston”, is not as good because you sound like an Attorney’s office, and NOT a notary service.

“JP Management”, might be good if you are in the Real Estate business, but not an effective name for a notary service.

“Accurate Signings” is attractive, but other companies already took this name. Some people feel it is good to use an attribute in the name of your company, while others feel that companies that use attributes in their name don’t always deliver the highest quality of service. This is a judgement call on your part!

Think from the perspective of your clients
The name you put on your business license that you get at your county clerk’s office is up to you, but think from the perspective of prospective clients! Choose a name that is pleasant and easy for them to keep in their busy and distracted heads! Registering a business name only takes a few hours, and costs less than $200 in most cases. It involves standing in line in the county clerk’s office, filling out a few forms, paying for a newspaper advertisement to display your new business name. It is not hard. You only have to register your notary service once. Good luck!

Is your name unique enough?
Another factor in choosing your business name is sounding unique and not being confused with one of those other Notary companies that is behind due paying their bills. The fastest way to ruin your reputation is to pick a business name that sounds similar to someone else’s. So, do lots of queries on Google to see what other people are doing before you pick your name.

They change their business name every month!
Ironically, we have a handful of Notaries on 123notary who change their business name on our site every month. One month it is JC Notary, the next it is JC Notary & Apostille, then the “&” becomes an “And,” and it keeps changing. The only thing that crosses my mind is — what is the name on your official business license, and do you even have a business license?

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You might also like:

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Silly names for notary businesses
http://blog.123notary.com/?p=4231

Registering a business license
http://blog.123notary.com/?p=742

Operating without a business license & getting put out of business by the state!
http://blog.123notary.com/?p=2804

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January 12, 2014

I go over the HUD-1 first

I go over the HUD-1 First

Some notaries public start the loan at the beginning and go in the order that the documents are in. Ninja notaries call this following the order of the universe. But, other notaries public start with the HUD-1 Settlement Statement first. It is sometimes helpful to go over the most critical figures in the loan. That way if there is a problem, you will know at the very beginning.

On the other hand, you could call the borrower up before you leave your home and go over the numbers. That way you can stop a bad signing right before it even starts! That is sort of like reading the weather report online before you drive two hours to the beach. After all, do you want to go to the beach while it is raining?

One of our notaries public likes to go over the bottom of the 3rd page of the HUD and get to the really critical information first. To each their own. Just remember — either follow the order of the universe or follow your own inner order (if you have one). Good luck!

Think ahead — go over the HUD-1 Settlement Statement

Tweets:
(1) Some notaries start the loan at the beginning and go in the order the docs are in.
(2) You could call the borrower up before you leave your home & go over the numbers
(3) One of our notaries likes to go over the bottom of the 3rd page of the HUD & get to the critical info 1st.

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January 6, 2014

Can a Notary notarize a Will or Living Will?

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

You might also like:

Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

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

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November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

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October 23, 2013

What makes a mobile notary a mobile notary?

We get calls everyday from notaries around the country who want to be a mobile notary. They always ask, “What do I need to do to become a mobile notary?” I tell them to become commissioned as a notary in their state and then get in you car — then you are a notary, and you are mobile.

But, you should really learn how to be specialized in mobile notary work. Notaries who work in an office notarize simple forms all day long. Mobile notaries have to deal with very different issues. Loan signing is no easy task, and there are many snags, delays, and complications along the way. You should take a loan signing course from 123notary.com to learn the ins and outs of the entire procedure from A to Z as well as how to market your service.

But, non-loan signing mobile notary work is complicated too. There is a lot of work going to places where they can’t drive themselves such as hospitals, convalescent homes, jails, prisons, movie sets, busy offices (too busy to drive), and late night visits to people’s homes for last minute travel or school documents.

Mobile Notaries also need to know what to do if people don’t have the right ID. After you have driven 40 minutes to a job, you are invested in the completion of the job. You need to know how to get your trip fee before you see the signer & documents (takes being pushy and negotiating in advance), you need to negotiate your waiting time, and you need to know how to use credible witnesses to identify a signer if there is no ID. Most states allow credible witnesses, but you can research whether yours does or not.

Have fun becoming a mobile notary public. It is a rewarding profession, and 123notary can help you a lot in your pursuit of a profitable mobile notary business.

Tweets:
(1) You just need a notary commission & a car to be a mobile notary, but signing agent training really helps!
(2) Anybody can become a mobile notary, but to be a good one, you need training!

You might also like:

What is a Notary Public?
http://blog.123notary.com/?p=6498

Compilation of Notary stories
http://blog.123notary.com/?p=21898

He made $35,000 a month his first year!
http://blog.123notary.com/?p=3894

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