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January 7, 2011

Introducing the 2019 Notaries!

Filed under: Andy Cowan — admin @ 7:30 am

Introducing the 2019 Notaries!

Trade in your old worn out notaries, everybody. They’re so last year. The new models are arriving with more exciting options than ever!

Forget driving customers crazy by misinterpreting notary law or explaining options to them versus choosing. The new 2019s are… SELF-driving customers crazy!

The new models don’t give the signer the choice between an oath and an affirmation. They always choose affirmation, to automatically not offend the politically correct.

The new models can notarize in reverse, which is handy if you have a reverse mortgage.

The old models were slow in accelerating but very good at braking. The new models go from zero to sixty signings in 2.3 seconds.
With the 2019s, you can enjoy the luxury of leaving drinks on a table during a signing without leaving those telltale rings that could annoy your client. The new models include cupholders for those drinks!

The old models needed witnesses to observe the execution of a document. All the new models need is Siri.

The 2019s have more horsepower of attorney.

The 2019 notaries automatically brake when the signer slows down.

The 2019s no longer just affix seals to documents. They beam them there.

And fake signature alerts are standard on all ‘19s.

If you want your documents automatically signed, sealed and delivered… you’ll have to wait for the ‘20s!

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Comedic Notary Pricing
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Building a wall around signing companies
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January 6, 2011

Notary Purgatory

Filed under: Andy Cowan,Humorous Posts — Tags: , — admin @ 12:51 am

Notary purgatory

After a notary’s lived a not so exalted life (authenticating less than authentic documents) but not so awful life (remembering to replace his expired commission and milk) he may not be headed for heaven or hell but somewhere in between: Notary purgatory. It’s a temporary way station. The gates of heaven are on one side, gates of hell on the other. The hell of indecision is magnified here, so you’re undecided about which place you want to ultimately wind up in. Maybe you aren’t sure which destination you deserve, and maybe neither is God! You always get paid but never get paid that well. You always get clients but they always micromanage you. You start out writing a blog you think has possibilities and it winds up having zilch. Uh-oh, I’ve entered Notary Hell! In Notary Hell, what you get paid for in signings gets eaten up and then some by the cost of gas to get there.

In Notary Hell, you get bitten by the rabid dogs of clients. In Notary Purgatory, you get bitten by the clients. In Notary Hell, you witness your clients having sex. In Notary Purgatory, you witness your clients’ dogs having sex. In regular hell, you witness your parents having sex, but let’s not go there. In Buddhist Notary Purgatory, you’d witness 31 planes of existence. You’ll find Baskin-Robbins here, but the fact all 31 flavors are melted is more hellish than purgatory-ish.

In Notary Hell, the signers all use invisible ink and you don’t get paid. In Notary Purgatory, you do get paid but you spend it all on lottery tickets.

The only way to move from Notary Purgatory to Notary Heaven is to have a righteous state of mind. This may not apply, however, in the state of New Jersey.

.

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Compilation of Notary comedy articles about heaven & hell
http://blog.123notary.com/?p=16640

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January 4, 2011

Comedy Central Notary Roast

Filed under: Andy Cowan,Virtual Comedy Themes — Tags: , , — admin @ 10:29 pm

JEREMY: Welcome to the first Comedy Central Notary Roast. World class comedians are about to “pay tribute to” our Notary of the hour, Alex!

Welcome an old hand at roasting, and I do mean old, ladies and gentlemen, the mouth that roared, but never bored, Don Rickles.

DON RICKLES: Thank you for that incredible honor. A sign your career is in the dumper – when you’re trashing a notary instead of what you usually do – ignoring one. “Sign”. That’s Alex’s idea of a good time. Dreamt big, huh, Alex? What’s the matter – being a lawn jockey was already taken? But no, without notaries, where would this country be? Beating the Chinese, that’s where we’d be. A lot of help you’ve been, you dumb hocky puck. I kid Alex, but all kidding aside, the next time I need something certified, I’ll be sure to give you a call. Am I allowed to certify that you’re boring, or do I need my seal for that? (BARKING LIKE A SEAL)

JEREMY: Thank you, Don RIckles! That man always makes me laugh. But then again, so does diphtheria. And now, speaking of diseases, please welcome the woman who’s been sanitized for our protection, except when it comes to her mouth… Amy Schumer!

AMY SCHUMER: Thank you! Don, I don’t care how old you are, I’d still do you. Then again, I’d do a banana. So nice to be here honoring Alex. Notaries are so hot! But don’t make me swear to that under penalty of perjury. Then again I &$%!! swear all the time. Alex, show me your seal, and I’ll show you my seal of approval. Oh no, Alex is having a heart attack! I guess the excitement of hearing the first woman in history come on to a notary was too much for him. Oh, never mind. It’s not a heart attack after all. He’s clutching the pen in his pocket protector, not his heart. Alex, let your hair down and leave the work at your office! Your office – that’s your car, right? Oh, it’s his home. Well, at least you can afford a car/home. It’s a rental? Sorry Alex. I’ll stick with the banana.

JEREMY: Thank you, Amy Schumer! You remind me of Times Square on New Year’s Eve… trashy. And now let’s give it up for… Chris Rock!

CHRIS ROCK: I’m not surprised to see that Alex ain’t black. I don’t know too many brothers who are notaries. We’re great at having people sign stuff if it’s graffiti on a honkey’s wall. Whereas Alex here, he’s the real deal. Who was your idol growing up? Mine was Richard Pryor, Johnny Carson, Bill Cosby. Two out of three ain’t bad. Alex’s was the credible witness who provides a way to positively identify a signer who lacks satisfactory identification documents. Alex, you’re livin’ the dream. If you’re lucky, one day, you’ll get to watch paint dry. What do you learn at notary public school anyway? Can you learn how to whup somebody’s ass? If not, what good is it?

JEREMY: Thank you, Chris Rock. And last but not least, let’s welcome him while he isn’t in a car getting coffee… Jerry Seinfeld!

JERRY SEINFELD: Who better than I, Jerry Seinfeld, to close this roast? My show was about nothing. And this man, Alex, is clearly… about nothing. Some parents want their kids to grow up to be doctors… lawyers…entrepreneurs. Alex’s parents wanted him to show him a sign of wanting to grow up to be a doctor… a lawyer… an entrepreneur. And Alex, a man who clearly thinks inside, not outside, of the box, took his parents literally. I’ll show you a sign… Here’s a sign, or signing. There’s a signing. Mom, dad, I want to be a notary public! Of course, his folks said, “Can’t you be a notary private? We’d rather not have the neighbors find out.”

JEREMY: Ladies and gentleman… the notary of the hour… welcome… Alex!

ALEX, THE NOTARY: Wow, this has been unbelievable. Jerry, your signature is the funniest one I’ve ever seen, and I’ve seen a lot of funny signatures. Chris, I know plenty of black notaries. Or maybe they’re white guys covered up with ink. Amy, I’m thrilled you were flirting with me. Then again, no one ever has before, so I don’t actually know what flirting looks like. And Don Rickles, you are my hero. I’m a notary, so that’s not saying much. Thanks everybody… SIGNING off!

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State of the Notary Industry Union Address
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A Notary runs for president
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January 3, 2011

Comedic Notary Pricing from Apo-steal-of-a-deal to Zilch (not getting paid).

Filed under: Andy Cowan,Comprehensive Guides,Humorous Posts — Tags: — admin @ 9:04 pm

Comedic Notary Pricing from Apo-steal-of-a-deal to Zilch (not getting paid).

Getting paid is serious business. But in this blog, we’re going “goofy.”

REVERSE MORTGAGES

Segagtrom. So much for literally reversing “mortgages.” In the reverse mortgage I’ll be referring to here, you get paid before you do the signing. If they don’t pay you ahead of time, charge 150 bucks. If they don’t pay you that, reverse the charges on the UPS. You can also drive in reverse to the signing. Unless you happen to be in a parking lot, in which case backing up causes serious tire damage. I can back that up in a notarized statement.

INSPECTIONS

When you inspect a house by taking photos, if it’s cheesy looking, tell it to smile and say cheese. If there are lines from broken plaster on the wall they don’t want you to shoot, charge them extra to Photoshop the lines out. Charge twenty to thirty dollars for inspection, unless the photos need touchup. When you visit their restroom and inspect their medicine cabinet, charge them a snooping fee.

REFINANCING

When getting signatures for mortgage signings, charge them a
re-re-re-re-re-refinancing fee if the signer stutters.

EDOCS OR DOCUMENTS

Ink is to a printer what cocaine is to a dealer. The first sample is free, and then they have you hooked on a very expensive habit. So be sure to charge accordingly for depleting your ink supply as you type out documents. Make sure they don’t pay you with money they printed out on their printers. Although the ink would probably be worth more than the money.

TRAVEL FEE FOR MOBILE NOTARIES

It’s been years since doctors made house calls. If you’re making a house call to notarize something, you better make sure you’re compensated for such service. Some charge by the mile, some charge by the amount of time to get there. As for the comedic price list, charge them like Dominos Pizza. They’ll get a free signing if you don’t arrive within thirty minutes or less. And when you do arrive, make sure you act extra cheesy. And top it off with an extra signature. If the signing is late at night, charge them a surcharge. If they treat you with disrespect, charge them a you-forgot-to-call-me “sir” charge.

LATE FEES

If they’re not ready for you when you arrive for the signing, charge them a late fee. If they’re not ready for you when you arrive because they’re dead, charge the next-of-kin a late, late fee. If it’s so late that it’s technically the wee hours of the morning, charge them an early fee. If they can’t pay you till tomorrow, charge them a late fee for the early fee. If they can’t pay you till after the both of you sit down and finish watching an old movie on TV, charge them a late, late show late fee for the early fee.

WAITING FEES

The more you wait to be paid, the more you charge them. If you wait till hell freezes over, charge them a waiting/defrosting fee. You’re like a taxi stuck in park with the meter running. If they haven’t reached the destination yet but they’re still your client, that will cost them. That should give you a lift. (Or for the cabbie and Uber haters out there, “Lyft”)

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Protecting yourself with a contract
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January 2, 2011

Threatening for payment?

Filed under: Carmen Towles,Popular on Facebook (A little),Popular on Twitter 2011,Popular Overall 2011,Posts With Many Comments,Ultra-Popular — Tags: , , , — admin @ 7:44 pm

Taking the job
I dont like to do a job and then have to threaten folks to get paid. It goes against my general fiber and overall nature. I excel at what I do and expect to paid accordingly.  I took a job toward the end of the month (May). It was a settlement company. You know the ones that broker the rich and famous insurance polices that are worth 4 or 5 million and they pay out  a fraction of what they are worth, and then wait for them to  die so they can collect the full value of the policy. This is similar to JG Wentworth’s policies.

Agreeing on a fee
Well, we agree on a handsome fee of 150.00. I successfully complete the assignment.  Nothing eventful and everything went well. I was even early..:)  After the completion of the assignment, I completed a W-9 and submitted an invoice and patiently waited. After about 2 weeks I emailed my contact on a Monday and was told that I would have payment toward the  end of the following week.  My eyebrows cautiously started to rise, but, I understand company billing policies, so I let it go. By the following week on Thursday there was no check. I emailed once again, and the reply I got was that they had missed the cut off and I would receive a check at least by the next Friday.

Contacting the signing company’s client for payment?
Now, I am becoming VERY angry. So I wrote back that this sounds very much like the run around to me and it is unacceptable . I also let them know that if forced I will have to take matters into my own hands meaning that if I don’t receive payment ASAP I will be contacting their client for payment. With correspondence sent I waited. The following afternoon I receive a brief response. and I quote  “Carmen, accounting pushed your check and it’s in the mail” And I thought to myself. Great BUT why did I have to be strung along and lied to in the first place. Why didn’t you just cut the check and be done with it.  It has been a month already. Why did I have to threaten you and worse  yet  now our relationship has been strained and severed. I am confident they will never call me again Nor do I want them to. I don’t want to have to put up a fight to get paid. If I perform a job without incident and give it 100% with no error on my part I except to get paid. PERIOD. I have every right to expect this. We have every right to expect this!!!

It is a shame that we have to resort to all sorts of threats, trickery, letters/emails phone calls, etc just to get our money. This is a job in itself and It is very time consuming to keep up with these slow or no pay companies.

In closing, I know the task itself is hard but you have got to stay on top of it. As one of our notaries expressed to me…the longer you wait to try an collect the more likely you never will see a dime…..and this is the sad truth. PLEASE Check out these companies when you can BEFOREHAND.  It is not entirely foolproof but it can help weed out some of the bad ones before it costs you in time and money! Be on top of your billing, comply with all their billing request, such as W-9’s and start the collection process early.

Until next time….(now lets play the waiting game and see if the check actually shows up…lol)

Tweets:
(1) Their excuse was that they missed the cut-off and would pay up next Friday!
(2) She threatened to go to the client if they didn’t pay ASAP & then they paid promptly!

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Does having reviews make it easier to get paid?
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Fingerprinting 101 – What’s Worth Knowing

Filed under: Ken Edelstein — Tags: , , , — admin @ 11:13 am

Fingerprinting 101 – What’s worth Knowing
First, it’s necessary to clear up a bit of nomenclature confusion. Fingerprinting is the recording of the pattern of loops and whorls, typically on a standard FD258 (civilian, non-criminal) card. This is accomplished with either ink or a scanning device. “Fingerprint Kits” on Ebay are most often fingerprint “lifting” kits, essentially very fine powders that are applied to the fingerprint and a “copy” taken (lifted with tape, etc.), physically or they can be photographed.

I choose to not do fingerprint lifting as it would require me to prepare a written report and probably be called to testify in a courtroom. Yecch. Also, such activity is usually done by a Police professional – trained for the task. However, I do a lot of fingerprinting. New York State does not offer a fingerprint license; if they did I would have it. My authority to establish positive ID on the cards comes from being a Notary. I fingerprint people for FBI background checks, various licenses, and many immigration related purposes. There is no “oath” nor is there a need to be able to converse with the applicant, however, a translator is often helpful.

Back to the nuts and bolts. First, there is the “Live Scan” machine. Essentially a scanner hooked to a PC that communicates to a specific destination. All this must be prearranged and “type accepted” by the receiving party. A Live Scan setup is target centric and is generally not able to transmit (over telephone lines) to multiple destinations. This makes sense when many applicants go to a single place, which transmits to a single place. The more common and flexible fingerprinting is done with ink. Ink can be either embedded into a ceramic pad, similar to a common ink pad; or spread on a glass or metal plate with a roller. The latter is more time consuming but gives greater control to the fingerprint technician.

The FD258 fingerprint card is a bit narrower than a standard 8.5 inch wide sheet of paper. Of course the card holders are designed for the card to fit with no wiggle. Therefore a downloaded and printed image of the FD258 card does not fit a standard cardholder. It is possible to fold the edges and create an imprecise fit of the sheet of paper card image. Unfortunately, most computer paper is really not suitable for accepting standard fingerprint ink properly. Bottom line: printouts of the fingerprint card image should be avoided. Much better is to maintain a stock of FD258s. A common variation is the FINRA (used by the brokerage industry) cards. They are the exact same FD258 with the addition of preprinted barcoding, required by FINRA.

Proper finger preparation is essential. I have seen fingerprinting done without even having the applicant wash their hands! Access to hand washing facilities (soap and very warm water) is essential. Once the hands are washed the applicant should touch nothing, not even their ringing cell phone (I have had mixed results with this request!). Next, a mild solution of pepper extract (an “irritant”) is applied to the fingertips to raise the “friction ridges”. The friction ridges are ever so slightly “higher” than the underlying finger flesh; it is the ridges that form the fingerprint. This solution requires a second hand washing to remove prior to applying the ink.

It is critical that the minimum amount of ink be applied, lest the ink pass the friction ridges and collect in the “valleys” between the ridges. Perhaps the most common mistake is over inking. Using the traditional ink and roller allows greater control of ink application compared to the ceramic pad. If the layer of ink on the glass or metal plate is exactly correct; it’s impossible to transfer too much to the fingertip. With the ceramic pad the transfer of ink is directly proportional to the pressure exerted, and the risk of over inking is greater.
There is also a psychological aspect to fingerprinting. Many clients have two issues. Some don’t like to be physically manipulated; a necessity to take the fingerprint impressions. Always use a blank sheet of paper to check how the ink layer reacts to their fingertips. The test prints are good for explaining the procedure on a spare card while demonstrating the procedure. Emphasize that you must be in control and not be “assisted” – your subject must not press down or actively turn their finger. You must, when completed; check their ID and match to the name they printed and signed on the card. Lastly, you sign and date each card; or, if it does not meet the standard of clarity and completeness – break out another card and start over; it must be perfect.

Tweets:
(1) is the recording of the pattern of loops and whorls, typically on a standard FD258 (civilian, non-criminal) card
(2) Proper finger preparation is essential for fingerprinting. Wash each finger one by one!

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How to choose a malpractice lawyer?

Filed under: Other Guest Bloggers — admin @ 8:33 am

How to choose a malpractice lawyer?
Ever wondered that you could run into danger even after hiring a lawyer? Yes, this does happen. Sometimes lawyers make mistakes which have serious repercussions for the clients. This scenario is acknowledged as malpractice. In medical terminologies, malpractice is defined as an issue that is caused by a doctor’s or medical staff’s negligence to the patient. It could be a simple mistake causing great damage to somebody’s brain and even death.

What is legal malpractice?
Legal malpractice is defined as the damage caused to the client in the pursuit of a lawyer lending his/her legal services. A very basic example of a mistake is a lawyer missing out on filing papers in the court. However, malpractice is not just limited to simple mistakes; it could also be inclusive of the breach of contract by the lawyer who has been appointed by the client.

How to choose a malpractice lawyer?
Choosing a malpractice lawyer becomes imperative when major damage has been done. However, it is better if you choose one who has sound reviews. Let’s go through some of the simple steps to locate a malpractice lawyer:

Consult your current lawyer
If you are already working with a lawyer on a different case then always ask for a referral. People who are in this profession will be better in guiding you through the process. In case a friend or a family member has pursued a malpractice case in the past then that’s the best hand for you.

Consult legal sites
Go for registered and verified sites. Search engines do help but can also make one run in trouble in case a fraudulent website is consulted. You can consult Seattle malpractice lawyers for top-notch services in this segment. In case you are skeptical about a website then immediately take it down from your list.

Don’t forget to contact the legal bar association of the state
Instead of hovering over the entire country, look for the legal association in your state. Just as contacting the head office is better than contacting a franchise, registering a call in the official department is wiser instead of contacting many firms in the business. The state department will be able to tell you about the people who are legally registered to help you.

Always look at the portfolio
Don’t make a choice imminently. You already wasted a lot of money in bagging a faulty lawyer in the past. This time it’s important that you go through the work history of the prospective lawyer or the firm. Don’t overlook customer reviews if you’re going through the official website.

Interview the prospective lawyer
You can easily judge your lawyer by having a one to one conversation with him. You can easily judge if he’s here to help or just to looking forward to shredding lots of money from your pocket. Talk about your case and ask the person for previous work experience.

Make an Agreement with the lawyer
Everything written in the note will always be a good reference. Don’t commit anything verbally. You don’t know how time will take to you forward. It is better to write everything down in the agreement. Don’t keep any bit of skepticism in mind and ask everything.

Sign the contract
Be confident and move on. Sign the contract after reading everything that has been typed. Make sure that fee and everything have been jotted down with much clarity.

Lastly!
We hope that you get a suitable malpractice lawyer this time. The only thing is that some wise decisions need to be made in terms of getting back with the legal procedures.

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Commission Impossible…

Filed under: Andy Cowan,Popular on Facebook (A little) — Tags: , , , , — admin @ 5:51 am

COMMISSION IMPOSSIBLE

Your commission, should you choose to accept it, is for an impossible mission that few notaries’ businesses live to tell about… The ones not worth commissioning…

Look out! The signer isn’t present! Right behind you! That document is incomplete! Not a good sign – The signer is the notary’s spouse! Watch out! The signer can’t produce acceptable identification! If their driver’s license picture is Waldo of “Where’s Waldo” fame, beware! Whether you can spot him in a crowd, or not, Waldo doesn’t really exist! Danger! The notary has a financial interest in the transaction! In that case, your interest must be in finding a commission impossible!

Oh no! The document doesn’t have a prepared notary certificate! Prepare yourself for disaster or no commission, whichever comes first! Danger! The notary thinks the signer is being coerced to sign! Coerce yourself out of that situation! What’s that, you say? The notary suspects the transaction is fake or deceptive? That’s as conducive to landing a commission as landing a punch in a fake wrestling match!

Look out!! The signer can’t pay the notary’s fee? Commission impossible! The signer’s a minor? Commission impossible! The signer seems drunk? Face this sober fact – Commission impossible!!

Don’t let the signer intimidate you into notarizing when the law prohibits it! If you use good judgment, you’ll get the commission the right way. Oh, and since this is “Commission Impossible,” at the end you’ll also get the girl, even if you’re not Tom Cruise. If you’re a female notary, you’ll get the guy. Even if he’s not Tom Cruise!

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Deceptive fax backs: the good old bait and switch tactic
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Deceptive identities — companies that change their names
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January 1, 2011

Thank You – Excuse Me – I’m Sorry

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 11:36 pm

Thank You, Excuse Me, I’m Sorry
Now that’s an odd title! But the three are actually related, much more so than you might expect. The first thing that comes to my mind is the term (that applies to each) underused. The second term that seems to apply is overused. Paradox? Of course. My regular readers expect no less from me, and this blog will not disappoint you.

GENUINE Thank You(s) are way too few and far between. When you are leaving the borrower’s home do you take a moment to say “Thank You for your time”? Do you send a Thank You when receiving an assignment? Think back when you were a little kid. Mom often said “What do you say” to prompt you for giving a Thank You to the person who did a kindness to you. Mom stressed that thousands of times to drill it into your little brain so it would become a lifelong part of you. When did you start to forget that Mother Knows Best?

Thank You is just the first two words. They should be followed by “for” and a description of what action the recipient has taken to earn your gratitude. Thank You for your nice compliment about my shoes, is an example. A Thank You without details seems robotic and a bit hollow; kinda like an autonomic mindless reflect statement. Make your Thank You genuine and actually talk with substance and conviction; let them know your words are relevant and genuine.

Excuse Me has some very interesting uses. Recently, it seems to be spoken after deliberate bad manners; to absolve the transgressor for their misbehavior. It does not accomplish that objective. I know one person, basically a nice guy, who has a most annoying habit. He constantly interrupts when I am speaking to him. His interruptions are always prefaced with a loud “EXCUSE ME” followed by whatever he wanted to say. He seems to feel that a formerly used for politeness term can be invoked to permit bad manners. A real Excuse Me is for, typically, an accidental transgression. You are in the supermarket reaching for the last can of tuna that has been marked down. Just as your hand is about to grasp the can, the shopper behind you, moving a bit quicker; snatches the tuna for their shopping cart. You are momentarily stunned by their action. They say “Excuse Me”, Jeremy would not publish what I would say to that shopper.

Lastly, I come to “I’m Sorry”. So very inappropriately used, especially by business entities. As I write this I am waiting for an item to be delivered that should have been here yesterday. I ordered the item at 10AM and paid for 2 day FedEx delivery. I was assured it would be shipped the day ordered and arrive in 2 shipping days. Well, today is the third day and I checked and found the item is “Out for Delivery”, a day late. When it did not arrive yesterday I called the vendor and complained that I paid for 2 day delivery and did not receive the service that was promised and paid for.

“I’m Sorry” about the delay, we did not ship till the day after you placed the order. You did order in plenty of time for us to make the shipment that day, again we are sorry about the situation. My response was direct and probably a bit on the aggressive side: I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children. Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.Kindly refund the price of the shipping. There is a 2 day FedEx rate and a 3 day FedEx rate. Subtract the smaller from the larger and refund it to me. I’m sorry does not “cut it” in commercial transactions. I was fortunate to speak to a senior manager who appreciated the logic of my argument and issued a partial refund.

As a http://newyorkmobilenotarypublic.com I have ample opportunity to say Thank You, Excuse Me, and I’m Sorry. I thank persons who extend me a courtesy, such as selecting me for a notary assignment. I ask that the homeowner excuse me when I forgot to wipe my shoes on their entrance rug prior to entering their spotless house. I have made I’m Sorry but I will be a few minutes late calls; when stuck behind a fire truck on the way to a signing. They are magic terms, when used appropriately. It is the intentional misuse of these phrases, as a perceived exoneration for anti-social behavior that leaves a very bad impression. Sincerity, politeness and honesty will never go out of style.

Tweets
(1) I’m sorry and other apologies are for small children when they deviate from proper behavior. Your business is not operated by small children.
(2) Businesses make “restitution” for their errors and do not “wash them away” with a blithe verbal apology.

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Eyes on the Notary

Filed under: Ken Edelstein — Tags: , , — admin @ 10:37 am

Eyes on the Notary
Actually, they are electronic eyes. The ever present surveillance cameras are everywhere. That footage you watched on the evening news is a prime example. But, let me back up a bit, and first discuss some older technology. Pictures. On a few occasions over the years, I have been asked to permit the borrower to photograph me. I tell them it’s unnecessary, my picture is on my web site. They usually persist, perhaps wanting a photo of me in their house in case the silverware is found to be missing after my departure. Kidding aside, they want to take a picture of the notary. Often I am called the “closer” or similar; I always correct that misunderstanding.

Here in population dense Manhattan, where I live; cameras are everywhere. The police have them on high poles to record traffic infractions and the public in general. Private buildings “log” who enters; they also have cameras in front to monitor (and record) what occurs on the sidewalk. There is nothing anyone can do to avoid being recorded. I venture a guess that my license plate is recorded dozens of times going to and fro even the closest assignment. Many homes with infants have “nanny cameras” that allow mom to see and hear junior; a good use of the technology.

However, it is the surreptitious in a private home that seems to me to be going too far. Some security systems are set to record perpetually. They keep “stuff” for a week or so, and then reuse the disk space for new video. It kinda makes sense, in a home invasion you probably will not have a chance to turn on the camera. I am sure many of my, and your, signings have been recorded. Is that a good thing? My first thought is that, knowing I don’t do bad things, the video would provide to me proof of no misbehavior. But, there is always the possibility to “edit” the recording, and thus make it show a false scenario. Amazing things can be done with video editing.

As in the “arms race” where each new development is superseded by a still newer methodology; I ask if the notary should also record. I know, this is a toxic subject with no possibility of a right solution. I choose to not record signing sessions. There probably are notaries with discreet tiny tape recorders who capture the audio. They probably want to have proof that they did not “cross the line” in performing their duties to the highest standards. Claims that they “pushed” the deal, or were naughty in other respects can be defended. To my knowledge, from various notary sites, this issue has never really been discussed.

We live in a litigious world, and the tools of audio and video recordings show up in TV coverage and in courtrooms. I think the signing agent has a right to know if they are being recorded. But, it would feel awkward to ask “are you recording this signing”. In a similar manner, asking for the borrower’s permission to audio tape is equally weird. Thus, we have an interesting situation. Some homes are recording all activities without notification. And, there has to be some notaries out there who don’t ask, but proceed to record the session, again without notice or approval.

Don’t look to me for solutions, I have none. It’s a privacy issue, a subject that we deal with daily as we preserve the confidentiality of some very sensitive documents. That, we understand and are good at. But, the issue of stealth recording remains, and is rarely if ever discussed. This blog entry is to open the topic for discussion. There has to be a solution or procedure that addresses the issue. I ask for your thoughts and comments. I’m not the brightest bulb in the chandelier, some really smart people are reading this. Please, comment and open a dialogue on this ignored topic.

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