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

Notary Public 101 Real Life Scenarios
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Notary Public 101 Quick Review Pointers
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10 Risks to being a Mobile Notary Public
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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 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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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
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General Notary Public Information
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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
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Notarized Affidavit Information
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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
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Affidavit of Support
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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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January 8, 2011

10 reasons why the State Notary divisions should be nationalized.

Filed under: Public Interest — admin @ 1:23 am

Normally I am in favor of state rights. But, as far as Notary Public issues are concerned, the states are not doing a good job except for California for whom I would give a C. Here are some compelling reasons why the notary divisions should be nationalized.

1. Education
Most states either do not have educational programs for Notaries, or don’t have very good educational programs. The state notary handbooks have a variety of laws and practices, but do not generally spell out exactly how to interpret or apply laws or what to do in particular situations that arise regularly that could cause confusion or danger. Some states have too many laws which make it hard to learn them all. While other states have too few laws. If we would have just the right amount of laws, and those laws would be nationalized, and well taught, there would be a higher percent of highly informed Notaries who do their job correctly at all times which is my goal.

2. Testing
Not all states have a Notary Test. Those that do have a Notary test normally have a multiple choice written test. Testing people on nitpicky legal issues is fine and dandy, but if a Notary cannot fill in a journal or forms correctly then what good are they? Hands on testing and testing people to see how they handle curve-balls such as legal requests that seem illegal or illegal requests that seem legal is absolutely necessary in my opinion.

3. Auditing
Notaries get away with all sorts of mischief in all states. Most Notaries not only omit legally required Oaths, but claim not to understand my instructions when I ask them to give me an Oath on a document. Many Notaries do not keep their journal correctly which is a danger to society. If there is identity theft, the journal is the only means to know what happened at a transaction and the journal thumbprint is the only way the FBI can catch the bad guys in many cases. Notaries nationwide need to be checked up upon once or twice a year to make sure they are not doing anything wrong. For the government to have time to check up on everyone, there needs to be fewer Notaries otherwise the job would take too long.

4. Standardization of Notary Acts
There are many variations on Notary Acts from state to state. It can be confusing for interstate transactions and for people who run nationwide Notary associations. It is easier if there are standardized acts nationwide and standardized laws.

5. Thumbprinting
Many Notaries on 123notary helped the FBI catch some awful criminals who did Ponzi schemes, identity theft and more. It was the thumbprint that was the critical piece of evidence that helped catch the bad guys. Most Notaries outside of CA feel they should not have to take thumbprints. Having national laws requiring thumbprints is the only way to safeguard society from cons.

6. Quality Standards
Before a prospective Notary takes a course, they should take a quick IQ test and personality test to see if they are well adjusted to be a Notary Public. Someone with an IQ of 100-120 who is anal, picky, has tremendous integrity, and follows the law to the letter and fills out forms correctly every time would be the ideal candidate to be a Notary. People who have screws loose are dangerous as Notaries because they will accept illegal requests becuase they can’t keep the law straight in their head. I find this out during testing as my over the phone test asks people which situations are acceptable to notarize and more than half of our Notaries decline legal requests while accepting illegal requests. Quality control is easier on a national level to make sure all Notaries know what they are doing to a T.

7. Notary Fees
Most states have ridiculously low Notary Fees. To attract good Notaries, Notary fees need to be at least $20 for the first Notary act and at least $40 for a travel fee for jobs more than 25 minutes away. Notaries in states that pay 50 cents for a Notary act tend not to be very good Notaries. Can you imagine why?

My recommendations

1. Four days of Notary education training that covers laws, processes, identifying people, administering Oaths, form filling, journals, and dealing with legal vs. illegal requests. One day of training is not enough to do a thorough job of covering all the bases here. Additionally, a refresher course for a few hours once or twice a year might help keep knowledge solidly in a Notary’s head as well.

2. A written and hands on test that could be one on one makes sense. What good is knowing the law if you don’t know how to fill in necessary forms?

3. Higher fees to become a Notary. To weed out applicants that are not serious, higher fees and more days of school will weed out people who don’t absolutely want to become a Notary Public.

4. The government should check up on Notaries at least once per year to make sure they are not skimping on responsibilities or accepting illegal requests. An undercover government worker could coerce the Notary to do something illegal to see if the Notary would comply and then fine the Notary if the Notary complied.

5. State websites (taken over by the Feds) should spell out all Notary situations and applications of laws. Identification standards should be the most emphasized as that is a huge area of contention. Names on ID’s do not always exactly match names on documents and formal standards for handling every type of mismatch should be documented on websites.

6. Most states do not make it clear that an Acknowledged signature can be signed (in 44 states) prior to appearing before the Notary Public. Most Notaries are falsely under the impression that they need to witness acknowledged signatures. What good are laws if the laws are not clearly explained? This is the most clear cut example of a law that is misinterpreted more than it is correctly interpreted. Thank God I went to a good Notary school when I became a Notary!

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