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November 18, 2014

HUD-1 The Settlement Statement

Filed under: (4) Documents,Ken Edelstein — Tags: , — admin @ 9:04 pm

“We are waiting for approval of the HUD before we can send you the docs”. I’m sure you have heard that frequently. Arguably the single most informative document in the package. The HUD, along with the Note, Mortgage and TIL (you better know what the letters stand for) comprise the heart of the deal. Although the HUD is usually not notarized, you DO have to take a look at it.

Probably the most important things for you to check are lines 303 and 603 on the first page. But first take a look at items D and E on the top. D & E name the borrower and seller. Generally you will meet either the borrower or the seller; occasionally both. Now you know if you are meeting with the borrower or the seller, and a quick check of 303 and 603 will let you know if there is “Cash (x) From” due. You are expected to notice cash from and to pick up the payment.

Generally the check is made payable to the Settlement Agent. The agent is named in box H at the top of the form. The check(s) are usually made out to the name in box H. On page 2 in the 1100 series of entries there is often a notary fee listed. Sorry, but that is not the amount that you will receive; it’s the amount payable to the Signing Service. If it says $350 and you took the job for $75; you can be sure the Signing Service considers you a hero. As you recall they said they are only getting $125, you might have a slightly different opinion of them.

There is generally a separate signature page. Oddly, the signature page is often not numbered and really has no “tie” to the HUD itself. Take care here; often the signature page requires two signatures. It’s an easy mistake to just obtain the first required signature but not the second. It’s also easy to become a favorite with the settlement company. They need several copies of the HUD and often make them and stamp them with “Certified True Copy” – they are always delighted when the notary prints a few originals, five is a nice quantity; and has original signatures on each.

Sometimes you will receive the entire package minus the HUD; which you are told will follow as soon as it’s approved. Wanna take a chance? If so, go ahead and print the two copies of the docs that you currently have in your inbox. Don’t be too surprised if you are told to shred what you printed. Numbers on the can HUD relate directly to other numbers in the package. If at all possible wait for word that the HUD is “final” prior to printing the package.

As the HUD is the key “money expenses” page; it’s common for the borrower to receive email with “preliminary” numbers. Obsolete HUDs (that are not the “final”) look very similar to the “final” that you brought to the table. Take care that an earlier HUD, printed by the borrower is not mixed in with the documents that you printed. Borrowers will frequently want to compare the one they printed (left hand) to the one you brought (right hand). Be absolutely sure that you return the one sent to you and not the one sent to the borrower.

There is a silver lining to the gray cloud of HUDs. It’s a federal form and almost always the HUD is basically identical and it’s easy to find information. However, I have seen “HUD clones” that do not follow the standardized format. Take care to look closely to determine how these are signed (perhaps also initialed?). Rarely notarized, it’s an easy form to process. Return a few copies of what was sent to you, signed in all the right places.

You might also like:

What are some typical types of affidavits
http://blog.123notary.com/?p=21334

Index of loan documents
http://blog.123notary.com/?p=20258

TRID information courtesy of Carmen
http://blog.123notary.com/?p=18932

The 30 point course – a free loan signing course
http://blog.123notary.com/?p=14233

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November 4, 2014

The Affidavit of Occupancy

An affidavit of occupancy is a simple document (sometimes notarized), that offers the borrower generally three choices. The first option (generally by making initials) is to have the property as a Primary Residence. This option typically requires the borrower to occupy the property, usually within 60 days; for a minimum of one year. The second option is to acquire the property as a second home, while maintaining a primary residence elsewhere. The third major option is to declare the property as Investment Property, not to be occupied by the borrower; but to sell or rent for rental income. It is unlikely that the borrower cannot accurately choose the correct option.

Care should be taken by the borrower to initial the correct choice. The wrong choice can result in financial and even criminal penalties at a later date. If the borrower is buying to live in, there is really no issue. However, when the intent is speculation or rental; it’s accurate disclosure or risk problems. Lower Mortgage Rates are available for owner occupied. This is why the intent to rent or speculate must be disclosed.

Affidavits of occupancy are especially relevant for small-time or independent real estate investors. If a borrower were to select “investment property” then choose to move in permanently – there probably would be no problem. Of course they would be paying a higher mortgage rate, lenders are rarely annoyed by such activity. It is the reverse, claiming to move in; getting a lower mortgage rate, then renting it out that causes problems.

Since affidavits of occupancy are not heavily regulated or governed by formal, industry-wide guidelines, they’re often originated in-house by the mortgage lenders or other real estate professionals. Thus, unlike the standardized HUD, there really is no uniform structure to the Affidavit of Occupancy. Actually it might just as well be called an Occupancy Certification, or similar. The only aspect that seems to appear with regularity is the need for the borrower to specify how they intend to utilize the property. This is generally done by initialing a specific paragraph, but some variations may call for a complete signature.

This form is a redundancy to similar assurances that appear in the Mortgage, namely, how the borrower intends to utilize the property that secures the loan. The occupancy statement contains strong language, 30 years in prison, fine of a million dollars, etc., per Title 18 US code Sec. 1001, and others. They are a separate document that the borrower cannot ignore, often notarized; and help the lender to charge a higher rate for loans that have greater risk. Typically, rental or investment property has greater risk. The difference can be half a percent that will be several thousand dollars or more over the life of the agreement.

They serve as an extra layer of protection against mortgage fraud and provide lenders with a clear chain of evidence that can be used to expose and prosecute such fraud. Whereas a homeowner might be able to make a plausible if unconvincing argument that he or she misunderstood the intent of the “occupancy question” that’s often buried within the structure of a mortgage settlement document, he or she has little chance of avoiding penalties for breaking an affidavit of occupancy. The affiants who “break” these (often) sworn statements risk being charged with mortgage fraud. At the very least the lender can demand full payment of all money due.

In processing this document care should be taken to be sure that all borrowers initial/sign the section that specifies the intended use of the property. Some lenders might require a non-obligor to also sign/initial. It’s probably a safe bet to have any signatory to the document also initial/sign the selection section.

It is the real intent of this document to curb the activities of those who wish to obtain property at a low mortgage rate for speculation or to become “little” landlords. Sometimes it takes years for the housing authorities and the lender to discover the fraud. Those false statements can and do incur harsh civil and criminal penalties. In addition to the mortgage fraud; housing violations are common. The form is simple and easy to understand. There really is nothing for the notary to “explain”. A notarized false statement is exactly that; in addition to being a crime.

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You might also like:

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

Ken’s Guide to Deeds of all types
http://blog.123notary.com/?p=16285

The Compliance Agreement
http://blog.123notary.com/?p=15828

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October 16, 2014

The Right to Cancel done Wrong

The Right to Cancel done Wrong
It’s easy to make errors on the Right to Cancel, also known as the Right of Rescission form. Unfortunately this form must be free of errors prior to funding. There are several ways to make a mess of it. This entry will cover a few of the more common errors; I’m sure some creative notaries out there will comment on the aspects that I neglected to mention.

Perhaps the most blatant error is to have to applicant sign in the “I wish to Cancel” area and not on the “I received two copies” area. Sounds silly? But, it does happen. This is a real show stopper as escrow and lending are faced with a cancellation that they cannot ignore! You cannot just line thru to improper signature (redact/initial) and have them sign in the proper place, the page must be replaced and signed *only* in the proper place.

“Three Business Days” that’s the standard. But, like so many things that sound simple it has some not so obvious gotchas. Those three days, when crossing a Saturday, have different meanings to different lenders. Thus, that “right of rescission” calendar that you carry stands a good chance of being wrong. Some count Saturday as one of the three days, some don’t. Of course if it’s filled in, along with the correct signing date; no problem. But to be sure, when a Saturday is involved you have to ask the proper authority for them to supply the end date of the rescission period. Your calendar “might” be wrong!

Each borrower is supposed to receive two *executed* copies of the RTC. They are not executed by merely being in the borrower document set. It is required that you “fish out” these pages and have the borrower(s) sign as received and the proper dates are on the top portion of the forms. You don’t do that? You have done many packages without a problem. Well, if you want to be a perfectionist, leave the borrower(s) executed copies (2). Often there will be only one RTC per borrower – so go the extra mile and be sure to return two executed per borrower with the docs.

Sometimes the signing gets pushed back a day or so. The RTC must be changed to reflect the new signing date and the correct end of the RTC. If there are preprinted entries they get a thin line thru them and the borrower initials the end of the line, not you! Then, the correct dates are entered, neatly please. The same procedure for the borrower copies. Two borrowers? You need to correct and have signed four forms. It’s a good idea to print a few spare forms…..

On rare occasions I have been asked to have the borrower(s) *only* initial the date areas that will need to be changed, with no dates entered. I do not feel comfortable with this. However, if you do this; be sure to do exactly the same process on the borrower(s) copy.

Often the “checklist” will mention the RTC but it will not be included in the package. It’s only relevant when the security for the loan is the borrower’s primary residence. Thus, if the property in question is for investment or a second home; there will be no applicable RTC forms.

Always pay extra close attention to the RTC, it’s a federally mandated form and must be perfect or you will get a request to visit the borrower again. This is the one case where you cannot swap out the borrower copy page to correct a flaw; as that page too must be perfect.

You might also like:

The 3 days to rescind
http://blog.123notary.com/?p=19102

The 30 point course’s guide to the Right to Rescind
http://blog.123notary.com/?p=14356

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

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July 20, 2014

The Seinfeld Episode About a Notary

George’s parents (of all people, parents who constantly bicker with one another) are renewing their vows. George wants a notary to witness their vows in writing…

The Seinfeld Episode About a Notary aka Sign-Feld

GEORGE: Get this. My parents are renewing their vows.

JERRY: Frank and Estelle? (off George’s nod) The vows to argue with each other till death do they part?

GEORGE: What makes you think death’ll stop them? You think the Grim Reaper’s grim now?
Wait’ll he meets the “ungrateful dead”.

JERRY: Renewing their vows. It’s kinda sweet actually.

GEORGE: Remember that notary Kramer hired to authenticate the picture of Jesus on a piece of toast?

JERRY: The guy who swore it was Johnny Depp.

GEORGE: I still say it was Colin Farrell. I need Kramer to throw me his name. I may hire him.

JERRY: Looked more like Uncle Sam to me.

GEORGE: No way was that Uncle Sam.

JERRY: So why are you hiring a guy who worships Johnny Depp? Wouldn’t it make more sense if you were Johnny Depp?

GEORGE: I want him to authenticate the vows. If he can corroborate…

JERRY: Attest?

GEORGE: That’s right. If he can affirm the vows to be genuine, maybe then the loony birds will have to live by them for a change!

JERRY: Unless their vows are to continue not living by them.

Kramer enters.

KRAMER: Guess who’s the new errors and insurance salesman? You’re lookin’ at him!

JERRY: What makes you an errors and insurance expert? Although I admit your expertise when it comes to ensuring you make errors is second to none.

KRAMER: Remember that notary I hired?

JERRY: The one who saw Johnny Depp in a piece of toast?

KRAMER: It was Jesus, Jerry! Anybody with half a brain could tell you that!

JERRY: You’re right, you just did.

GEORGE: What was his name, Kramer? I need to hire a notary.

JERRY: Why do you want to hire a notary who doesn’t know Jesus from Johnny Depp?

GEORGE: Or Colin Farrell! He got it wrong. Maybe he’s cheaper.

KRAMER: (offering) Here’s his business card. Come on, George. Don’t you think Colin Farrell has better things to do than pop up on a piece of toast?

GEORGE: Jesus doesn’t??

KRAMER: Jesus works in mysterious ways.

GEORGE: Do does Farrell. He doesn’t even do talk shows.

KRAMER: Jesus doesn’t even do Charlie Rose!

JERRY: Will you two knock it off?

KRAMER: I’m suing the guy for affirming it was Depp over Jesus. And now I can also sell him an errors and insurance policy that’ll absorb his liabilities for an honest mistake.

JERRY: If it was an honest mistake, isn’t suing him a little dishonest?

KRAMER: I’m Cosmos, not Jesus.

GEORGE: What kind of liabilities?

KRAMER: The difference between the cost of a certifiable Johnny Depp piece of toast on eBay versus a certifiable Jesus piece of toast on eBay. You do the math!

Elaine enters, munching on a piece of toast.

ELAINE: That’s it. I am done. He’s gettin’ a Dear John text.

JERRY: Who?

ELAINE: The teeth picker.

JERRY: Can’t you at least give him some floss first?

ELAINE: Floss. Toothpicks. Sucking between my teeth. The guy can’t take a hint.

GEORGE: Are you officially breaking up with the teeth picker?

ELAINE: The man is (displaying the last of what she’s munching on) toast.

KRAMER: (Eyeing toast) Is that who I think it is?

JERRY: Here we go.

GEORGE: If he’s so bad at picking up on hints and you want him to get the message you’re dumping him, don’t text him. Write him a Dear John letter on paper that a notary witnesses. So he can corroborate it.

ELAINE: Attest?

GEORGE: Yes! Affirm to be correct, true or genuine.

ELAINE: Since when are you the notary expert?

GEORGE: When I was a kid, I had a dream about being a notary. Other kids were dreaming about naked women. I was dreaming about squeezing embossers. Your own seal. Administering oaths. It’s a very respectable line of work when you think about it.

JERRY: So why didn’t you ever take it up?

GEORGE: Since when am I respectable?

TO BE CONTINUED…

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You might also like:

Seinfeld: George’s parents get a vow renewal
http://blog.123notary.com/?tag=seinfeld

Modern Family: An Affidavit of Citizenship & Affidavit of Domicile Notarized.
http://blog.123notary.com/?tag=modernfamily

Friends: Phoebe’s boyfriend won’t take No-tary for an answer
http://blog.123notary.com/?tag=friends

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June 6, 2014

Poo Picking – getting the best notary jobs

Poo Picking
You are probably much more used to the phrase “cherry picking”. It’s a phrase that pays homage to the selection of the best fruit. Without belaboring the point; there is an analogy to picking the best notary assignments. But what about the rest of the assignments? Clearly there is a broad range. The cherries are close by, easy to do; and pay a high fee. The majority of the assignments offered to us are not cherries; they are average. Average, in that we work hard to earn a fair wage. However, there are also the “Poo” assignments. Difficult, far, time consuming, and with a bunch of special added requirements; often at bottom dollar.

How do you get the cherries and avoid the Poo? As the First Lady said “Just Say No”. It’s very bad business to accept every offer made to you. Some say it’s necessary to take the bad with the good. Why? I take the cherries and the average and reject the Poo. If you have been a mobile notary for any length of time you should have developed a good sense of what is a Poo situation. One classic warning sign is that the situation takes a large amount of your time, prior to actually doing the assignment. Do you have time to spare? Probably not.
Quote by Abraham Lincoln: “A Lawyer’s Time and Advice are His Stock in Trade.”. Swap Lawyer’s for Notary’s and that is reality. You have only so much time to devote. Any task that takes an unreasonable amount of your time needs to be abandoned. Sometimes you have to just “let go” – as what starts time-consuming will probably become more so. There are no exact guidelines for me to give you. If you feel you are descending into a pit, climb out!

Now to the real “meat” of this entry. Your calendar is the single most important time management tool. Do you guard it carefully, aware the entries represent the commitment of a slice of your time; unusable for other matters. Some feel anything is better than nothing. If you accept a “Poo” assignment you will be forced to decline all others. Thus, you are, if you are really managing your business; forced to determine the quality and “worth” of the offer. It is in this aspect of time management that so many fail miserably.

“Shields Up” shouts the First Officer on the Enterprise, the Star Trek Starship. It’s the duty of the First Officer, first to protect the ship; second to protect the Captain. You are the Captain of your business, and your experience and judgment must serve as the first officer. But what of the Starship? That’s your “bottom line” – does your business model protect both yourself (from legal action, danger, etc.) and protect your income flow? Assuming you don’t want to fire the Captain (you) then you might have to rethink how you apply your experience and judgment.

“Let me try to have that fee approved” a/k/a “as soon as I hang up I will be looking for someone cheaper, but if I can’t find one; only then will I call back”. One possible response is “fine, but I cannot make a calendar entry until we have an agreement; the time slot might not be available when you call back”. Some are a bit more “pushy’ – “pencil me in for that time” they ask. Sure, I reply but be aware that the next caller who wants that time will cause me to use the other end of the pencil and erase your entry.

Back to Poo, your time; and now add commitment. Today a Poo caller, this one an Escrow Co. (or so they said); made a solid commitment to having both payment and assignment sheet to me by noon for a 3PM assignment. As I write this it’s now 12:30 – nothing received. What to do? For http://kenneth-a-edelstein.com “it never happened”. No, I’m not going to call them; they were able to call me, and have chosen to just ignore their agreement with me. It’s not worth my time to call them. They never had a calendar entry, so there is nothing to erase. It’s unlikely, but if they suddenly resurrect themselves and call at 1:30; and I am “open” – perhaps I will be able to accommodate them. But it’s my rules that govern.

The key to Poo management is establishing deadlines for events; and mutually understanding what will happen when the deadline passes. Then stick to it. Nobody owns you, or manages you; unless you let them.

Tweets:
(1) Re: Notary Assignments; Do you know how to pick the cherries and leave out the undesirable jobs?
(2) Any task that takes an unreasonable amount of your time needs to be abandoned. Sometimes you have to just “let go”
(3) Nobody owns you or manages you unless you let them! When it comes to the worst notary jobs, “just say no”

You might also like:

$10,000 a month on a bad month
http://blog.123notary.com/?p=3891

Interview with a Title Company
http://blog.123notary.com/?p=3724

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May 20, 2014

Dress British, Think Yiddish

Dress British, Think Yiddish
Long ago, about half a century (honest), I was given those four words as the secret to success in business. The same sage advice applies equally to both sexes; to all races and, well, to everyone. A very compact and easy to remember slogan – its simplicity hides a multiplicity of actions that you should consider. It’s time for me to delve into those four simple words.

Dress British – it does not mean that you need to purchase a wardrobe from the UK. The words acknowledge that the British are well renown for dressing impeccably. Clothes make the (wo)man. You do not need an expensive wardrobe to look like the professional you are. You do need immaculately clean and wrinkle free attire. Are you a fugitive from the barber shop? Is there something about your appearance that, at a glance, is highly memorable? When I was in the corporate environment we often had “dress down” days on Friday. However, management would remind us that “dress down” is not to be confused with “dress clown”.

I’m not going to insult you with a litany of the obvious. I also take offense when receiving a signing assignment that asks me to check if my finger nails are clean. But there are subtleties that are worth mentioning, especially if you aspire to dress British. Your attire should be subdued and somewhat bland, the borrower should be paying attention to what you are saying; not what you are wearing. Your professional “uniform” should be changed out of the moment you return home; replaced by “home attire”. True, you will change clothes often; here is a little tip on how to handle that. My work pants have two cell phone cases on the belt, wallet and billfold in the back pockets, business cards and tiny notary stamp in front left pocket, and my current promotional item in my front right pocket. I just hang the pants “loaded” rather than unloading the items. Thus, the pants are ready loaded to put on and I don’t have to look for items.

Think Yiddish – no you are not being asked by http://kenneth-a-edelstein.com to learn a new language. At the risk of offending some of my Jewish readers; the words translate to “keep an eye on the money”. You are working to make a Profit. Not just to receive revenue. Doing a lowball job that, after your expenses nets “chump change” is not working for Profit. Know your expenses and set a realistic fee for your professional skills, time and efforts. I used the term “nets”, it implies that you actually receive payment. Run your business as a business. The accumulation of toxic accounts receivables is to be actively avoided. Carry a “duds” list of firms that must PayPal (or similar) prior to printing – and within 15 minutes of their call to you. Strictly limit their “I’ll have to get back to you” to protect your calendar. If you later discover their last check was issued when Hoover was President contact them. Send them a screen shot of the bad reviews you found online; with the choice of immediate payment or you must relinquish the assignment. It’s valid to reply to “you took it you must do it” with “I took it prior to learning about your terrible reputation”. Unpleasant yes, but worse is dunning for your cash and being stiffed.

Some other types of assignments should prepay. The objective is to eliminate risk. A prime example is an assignment at a hospital. Make it clear that the payment received is for best efforts within the bounds of legality. If the patient is unconscious or not available; the fee was earned because you made the trip. Nobody, repeat nobody, else is looking out for your “bottom line”. It’s up to you to be wary of situations that might not proceed smoothly – shift the “risk” to your client; but make the rules very clear prior to accepting any money.

Thus, the ancient advice given to me of “Dress British, Think Yiddish” has served me well for a very long time. Few are the long drives only to find nobody home; as they found a cheaper notary and did not bother to call me. It’s interesting how diligent folks become about having government issued photo ID available when they prepaid for my visit. Again, it’s vital that you communicate the “rules of engagement” to your client. Neither giving nor receiving “surprises” makes for a smooth transaction, pleasant to all.

Tweets:
(1) Half a century ago, I was given these words as a secret to success in business! Dress British, Think Yiddish!

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You might also like:

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

Compilation of posts about notary etiquette
http://blog.123notary.com/?p=20505

Would you accept a signing without a confirmation?
http://blog.123notary.com/?p=22588

How to negotiate signing fees like a pro
http://blog.123notary.com/?p=19198

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April 19, 2014

Split PDFs into Letter & Legal Separate PDFs

Filed under: Ken Edelstein — Tags: , , — admin @ 11:12 pm

Today half of my printer died. I have an HP LaserJet 4100, the main part “sits” on base with a second drawer. I keep Letter paper in the lower drawer, and Legal in the top drawer. I figure the longer paper should have a shorter path; but put in either way it works the same. When printing the PDF, I select “Choose paper source by PDF page size”. It works fine, but only if you have both sizes of paper mounted in the printer. Generally, http://kenneth-a-edelstein.com has 2 working trays, but not today!

As mentioned, the bottom half of my printer died. I needed to print a set of edocuments which had interspersed letter and legal. First, a quick check to verify that it would be acceptable to print NOT interspersed; first the legal then all the letter. They agreed.

I needed some software quick. I found http://www.a-pdf.com offering a tool A-PDF Page Size Split which seemed to meet my needs precisely. I downloaded the software from their site using this link: http://www.a-pdf.com/page-size-split/index.htm – being always afraid of downloads the next step was to make (almost) absolutely sure it was malware free. To do this I went to https://www.virustotal.com and uploaded the file for their MANY virus scanner inspections. It passed. Next I virus checked it with my own anti virus software F-Secure (after doing a manual update) and it again passed. Satisfied that it did not contain anything nasty I installed A-PDF Page Size Splitter.

It installed quickly and soon I was splitting an old PDF of loan docs. Its interface was simple. It’s easier to use if you first create a dedicated folder somewhere and put a copy of the input file there. I let it default to split back to the input directory. It displayed the page count of letter and legal and created new files using the input file name and adding the words “letter” and “legal” into the original file name.

A quick look at the new files showed they were indeed properly split and the page count of the two new files added up to the count of the original file. Huuh? What’s this? A bit of a “gotcha”. An advertising watermark had been added to each output page. What I had was the demo version, used to make sure the product will work. My Win 7 64Bit Dell was compatible, as are many prior versions of Windows. But, now it was time to “Register” and pay the $49 to get rid of that watermark. I paid the piper and soon was emailed a code to Register and the subsequent processing was without the watermark. They also give free updates for life to registered users.

Sooooooooo, after splitting the file I printed the Legal, then changed paper to print the Letter. The service people still have the base with the second drawer and it will be returned in a day or so. The software was a bit expensive, but provides me a way to meet my obligation; and to be ready for the next malfunction.

One tip. In the ordering process they automatically add a ten dollar “download protection” that allows you to download at a later date. I find that feature totally useless. Once you have the registration code; you are always able to download the demo version and apply your registration code. Thus, the download protection seems to serve no function. Perhaps, the download protection sends you a file that already has your registration code “built in”. But, I deselected it. Updates are just a reinstall, with no need to do an uninstall prior to the update. They claim an update will “find” that you are registered.

A small side benefit is knowing exactly how many sheets of each type of paper will be required; just in case you are near running out. With the letter pages atop the legal pages it’s off to the borrower for me.

Tweets
(1) Splitting PDF’s into letter & legal: a story of how it all went wrong.

You might also like:

Which dual tray printer do Notaries like?
http://blog.123notary.com/?p=19351

Ken’s list of things Notaries goof
http://blog.123notary.com/?p=19427

Mobile Office — will it void your warranty?
http://blog.123notary.com/?p=6451

Mobile Offices from A to Z
http://blog.123notary.com/?p=535

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August 29, 2013

Don’t Do These Things: CA Notaries Who Have Done Wrong

Becoming a notary in California means taking on an awesome responsibility. And, like most awesome responsibilities, this one comes with lots of very strict rules that must be followed exactly. No, really — exactly. There is no wiggle room when it comes to being a notary public in California.

You would think that, with all of that responsibility and all of those extremely strict rules, every California notary would be very closely supervised. Nope! In fact, it is largely the opposite.

As a California notary public, you work almost completely independently of any state-sanctioned watcher type person. It’s understandable, given all that freedom, how someone who is a notary in California might be tempted to let some of the rules slide. Without someone watching your every move, it’s easy to say, “Oh, I’ll take care of that later,” or “Meh, good enough.”

Do not give in to this temptation! If you don’t see to every single detail and follow every letter of the law, you could wind up in huge and terrifying trouble.

For instance:

If you fail to properly identify one of the signers of the contract you are notarizing, you could face a civil conviction and have to pay a fine of up to $10,000. That is not a cumulative $10,000 over the course of your California notary career. That’s up to $10,000 for every time in which you, acting as a notary public in California, fail to identify a signatory to the satisfaction of the rules set forth by the Secretary of State. Yikes!

Let’s say that someone comes in and says they are working on an Intelius removal and need you to notarize some papers verifying the request to have the information removed from the system. The person wants the notary stamp to prove the time and date on which that person submitted their completed forms.

Your California notary public stamp tells a court (should the matter go that far) that you are vouching for the person, that he or she has met every legal requirement he or she needed to meet, and that they performed the deeds they say they did.

Let’s say you had to notarize three signed forms. You charge the person $45 for the service.

Whoops!

It turns out that, as a notary in California, you’re only allowed to charge people up to $10 per signature. You have overcharged the person by $15. Fifteen dollars doesn’t seem like that big a deal, right? You can just refund the over-payment, right?

Maybe. But if the person complains or brings suit against you for overcharging them for the duties you performed as a notary public in California, you’re going to be in trouble. The Secretary of State can suspend your California notary public commission for as long as six months, and you can be fined up to $750 — for every instance in which you overcharged that person!

Becoming a California notary is a huge responsibility, and these fines are steep and really scary. This is why, as part of the process of becoming a notary in California, you have to pay for “insurance.” This usually means paying for a California Notary Public Surety Bond. You can buy these bonds in a variety of increments. It depends on how much coverage you need. If you are sure that you can abide by every detail and follow every law involved with having your own California notary commission, you can go with a smaller bond.

The fact is that being a notary public in California makes you a very important person, and that means you have to take your important responsibilities seriously. Besides, can you really afford to have a criminal record and fines totaling thousands of dollars because you overcharged someone by a few bucks? It’s better to follow all of those annoying rules, don’t you think?

Erin Steiner was an Oregon notary public for one term. She now writes about everything from small business to pop culture topics all over the web.

You might also like:

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

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

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

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August 26, 2013

California Notaries Who Get Themselves in Trouble

In 1999, a California notary public was fined $750 and had to perform 200 hours of community service after being caught and pleading guilty to forging a notary stamp and using it in a public office within the state of California (and then lying about). SOURCE: http://www.lastwordedits.com/unlawfulnotary.pdf

Since then, the instances of notaries public in California have gone way, way down. So down, in fact, that a Lexis Nexis search turned up only two cases in which a California notary had suits brought against him. In one of those cases, the judge found that the California notary public had done nothing wrong. In the other, the judge ruled that the statute of limitations (six years at that point) on filing a complaint had expired.

Why?

Because the laws and penalties for breaking them are so strict that there is no way any notary public in California is going to break them.

For example, a notary in California has to keep her notary seal under very strict and exclusive control. If she fails to do so, while it has to be proven that she “willfully” disregarded this rule, she is guilty of committing a misdemeanor crime. The Secretary of State (who is the boss of every notary public in California) can also suspend her commission.

It gets worse if she lets people use her seal to perform notary duties under their own name and even worse if they perform them under her name. In addition to having her commission revoked, she can be fined up to $1500 — for every instance (and every individual notarization that someone else performed).

It is also a misdemeanor for a notary public in California to fail to properly maintain his journal. There are very strict rules about which details a California notary must include in his journal. Every single one of those details must be recorded for every notarization performed.

If the California notary public misses even one of those details one time, he has committed a crime. There is a statute of limitations on this rule. After four years, a mistake in the journal can’t be prosecuted. Still, do you want to be prosecuted three years and 364 days later for misspelling a person’s name or leaving out a date on something?

These are just two (of many) instances in which a notary in California can quickly build up a criminal record. It’s important that, should you want to go after your California notary commission, you’re prepared to follow every rule down to the tiniest detail.

Remember, on the surface, being a notary public in California looks more like fun than something responsible, but it is a duty that is incredibly important. When you become a California notary public, you are becoming an officer of the court — and that comes with incredibly high standards to meet.

Erin Steiner is a writer who writes about business, legal, pop culture, and general topics (like waterhog mats) She served as a notary public.

You might also like:

California notaries who have done wrong
http://blog.123notary.com/?p=7043

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

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

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May 1, 2013

We should be setting the fees, not the other way around!

Filed under: Carmen Towles,Popular Overall — Tags: , — admin @ 9:00 am

I was reading on linked-in a thread that was started about a notary wanting to increase her signing agent fees based on gas prices. It was nothing outrageous just a simple $10.00 increase due to the rising fuel costs. This is not unreasonable, or is it?

Unfortunately today, in addition to fuel it seems everything that we use in our profession is rising, from paper, ink, etc., but the signing fees from many signing services are getting lower and lower. And I couldn’t help wonder how this increase or any increase for that matter is going to play out for those of you that choose to raise prices out of shear necessity. I remember back in our heyday when loan signing requests were at there all time high that I personally went to two of my major signing companies and requested ever so humbly that I needed a small fee increase. The response was that although they loved me and my work it was impossible for them to do this. My response was (in a nice but firm tone) that I felt that this was not an unreasonable request and I believed that they could very well increase the travel portion of my notary fee but just did not want to due to to the fact they didn’t want to share the fees any more than they have to. And although I didn’t say it I was thinking that it is was nothing but GREED that was the deciding factor and motivation for them to deny my request. It was at that time I stopped working for signing services at all. And I have never looked back.

So, now unbelievably so, it is 2012 and nothing has changed. From what all of you tell me (and from what I see with my own eyes) things are worse than ever in the fee department. Not to mention they have tacked on more duties that are now required of us, more pages to print, etc. For me it is just so outrageous that we are still allowing these companies to dictate what they will pay us. In my opinion, it should be the other way around. I don’t go in to my doctors office and tell him what I am going to pay for his services. He would definitely think I was nuts and most likely kick my you know what right out of his office. But what is even clearer is that I CAN’T go into anybody’s office requesting services and tell them what I am going to pay them. This is ludicrous. The signing services should take a percentage (lets say 30%) and that it is. After all we DO the bulk of the work. But sadly when working for most signing services we make the least amount of money. How did this come to be and how did it become acceptable to all of us?? When did it become okay for them to set our fees for us? Hell, did anybody ask you if this was ok?… I am positive nobody asked me!

I mean I have never heard of any industry that if independent allows OTHERS to dictate the fee for someones else service. If I have several notaries when calling around marketing or when they get a call requesting service, asking “How much do you pay?? Are you serious? This is UNACCEPTABLE to me! Why are WE asking how much THEY pay!?! We should be getting the details of what will be required and then offering up a price that is inline with the service that we are going to provide. Certainly not the other way around! This needs to stop! And it can stop with each of us doing our part. Stop asking and start telling!

Now, occasionally I read the boards and there will be a thread about price fixing… this is NOT what I am talking about. I mean are the appraisers, plumbers, doctors, private attorneys, etc price fixing when they keep their prices within a ball park of each other?? Certainly, not. It is about getting what you are worth! PERIOD. Until we start sticking together soon and I mean very soon; you WILL be working for free! (we damn near are now) And now, before anybody says it, I realize that they are more often than not the liaison between us and the title/escrow companies but if we all stick together and refuse these low ball fees, our fees WILL come up. And on a side note, if you ask me, it seems that the signing companies are the ones that are guilty of price fixing!!

I’d love to hear some of your feedback on this issue!

Until next time! Be Safe!

You might also like:

Notary Marketing 102 – negotiating fees
http://blog.123notary.com/?p=19784

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

Why are the fees offered to us so low you ask?
http://blog.123notary.com/?p=22293

What are mobile notary fees?
http://blog.123notary.com/?p=21383

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