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December 27, 2016

The Care and Feeding of Mentors

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: — admin @ 11:01 pm

The Care and Feeding of Mentors
Jeremy published an excellent article on finding a Mentor – http://blog.123notary.com/?p=16793 OK, you followed the advice and found one willing to work with you. Now what? That is the essence of this post.
“I’m in a hurry, I don’t have much time in my schedule to devote to study or research; the bottom line is this: I want to know specifically, using my Notary License, exactly what you can do to make me rich”.

Believe it or not, that is essentially what several Mentor requesting notaries have asked me. A common theme is that they want the “fast path” to the Big Bucks. They perceive their Notary status as having the deed to a gold mine, if only they could find the exact location of their mine, to pick up the nuggets lying about for the taking. In a similar manner, when I go to the NY State Dept. offices (which administer Notary and Real Estate Broker license tests) I often hear the prospective Brokers discussing the “killing” they plan to make by selling the Empire State Building – “that commission alone will set me for life”.

There is nothing wrong with having high aspiration, but it’s real life that it also requires a large amount of perspiration to “get there”. Delusional can be defined as a false or mistaken belief or idea about something. I don’t use that word to be critical, but rather to stress the point. A Mentor devotes their time, and shares their skills and knowledge; generally without compensation. That is not always the case. I had a request to teach how to process some rather complex documents – it took a full “hands on” day; and I was paid accordingly. However, that is a rare exception.

Most requests for me to Mentor come via email and start with a liberal dose of flattery. OK, it makes sense to say something nice to someone you want to do you a favor. As covered in the above mentioned blog; I really don’t want to create competition “across the street”. So far, that has not been the case. It’s a heavy lift to train someone to be a Signing Agent from “scratch”. So I usually suggest they take a course on the subject and really learn the material. There are several sources for “basic training”. It’s just too time consuming to cover the Venue, ID requirements, Oath, and such. When I was learning to fly an airplane, initially I read about theory, and then flew simulation on my PC, graduating to renting a plane and an instructor. Getting in the plane with instructor and not knowing anything would be inefficient.

The following scenario has repeated itself several times over the past decade. I receive the request, with flattery, to help someone who wants to grow their business. Rarely is there a specific question included, just the general goal of self improvement (scores intent points) and, of course, the desire for more money. That’s fine with me – they are, in my mind, a “contender” wanting to better themselves. So, with my very first email reply I want to determine if they are willing to really WORK for their goals.

I give a “homework assignment” – it’s always the same. I ask that they read my last dozen, or more if they wish; blog entries. Then, citing which blog they are referring to: ask 12 detailed questions that relate to an issue or concept in that blog that is unclear or should be expanded upon. Why? If I’m to spend time being a true Mentor, I have to “know” the person I am working for (yes it’s working for). They have to show me that they really will put “skin in the game” and work for their own benefit. I also want to see their writing skills and get a sense of what they consider important to learn. This dispels the myth that I have a bucket of knowledge that I can simply pour in their direction. As Jeremy mentioned, there is a vast wealth in the blogs, of which my stuff makes a minor, but often useful contribution.

Sad to say: to date not a single “student” submitted their homework – not one! My intent was never to “chase them away” – If I wanted to do that I would simply reply that I was too busy. Beginners: let your prospective Mentor know that you are willing and able to WORK hard “with” them, for your gains.

.

You might also like:

How to find a Notary mentor
http://blog.123notary.com/?p=16793

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

Notary information for beginners – best posts
http://blog.123notary.com/?p=10472

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December 4, 2016

Power of Attorney – Notary Processing Mistakes

Filed under: Ken Edelstein,Popular on Facebook (comments),Popular on Linked In — Tags: , — admin @ 9:20 pm

Playing Lawyer

You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.

Fuzzy Job Specifications

I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?

Accepting Risk

You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.

Not Sharing your Knowledge

Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.

It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.

Disorderly Processing

In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.

The Introduction to the Power of Attorney, New York Statutory Short Form

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you

Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?

.

You might also like:

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

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November 20, 2016

Power Of Attorney Documents – Submitted as a double credit document

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: — admin @ 9:22 pm

Power of Attorney vs a Will
There are many types of Power of Attorney documents. However, the general theme is that someone is granting authority to someone else. A Will contains the maker’s words, directives and decisions. The executor of a Will is not a decider of asset allocation, rather a facilitator of the deceased’s allocation desires. In contrast to a Will, the Agent of the Principal (of a Power of Attorney) “may” have the authority to “call the shots” – or, the Agent may be severely constrained. Usually the Agent has “some” authority to sign for the Principal. In almost all cases, the authority granted by a Power of Attorney ceases upon the Principal’s death. The Principal granting power to the Agent may revoke such power at any time unless incapacitated. A Will can also be revoked, until Probate…..

Lifespan of the Power of Attorney
The Durable Power of Attorney – (General or Limited) remains in effect when the Principal becomes incapacitated. If the Power of Attorney is not Durable, the authority of the Agent does not exist if the Principal is in no condition to revoke the authority.

The Springing Power of Attorney – Similar to the Durable, the Springing only “comes into effect” when the Principal is incapacitated. As the definition of incapacitation can vary, the specific definition of the “trigger” should be specified in detail in the document itself.

Scope of the Power of Attorney

The General Power of Attorney – This allows the Agent to sign the name of the Principal unless it’s illegal for them to do so. One example: you can’t grant power for someone to sign your notary signature. If the word Durable is included, the power remains unless revoked or death of the Principal.

The Limited Power of Attorney – (sometimes called a Special Power of Attorney) grants from Principal to Agent authority to perform specific actions. Often this format contains an expiration date. Commonly used with loan documents, authority is granted for the Agent to sign various paperwork related to obtaining real estate.

Entitlement of Agent to Receive Payment

Unrelated to the “Gift Rider”; when the Agent manages (in some jurisdictions) property, they have a statutory right to be paid. Amounts vary, but a very rough guideline (unless otherwise specified) is:
3% of money received by the attorney,
3% of money paid out by the attorney on your behalf, and
3/5 of 1% of the average annual value of the assets covered under your power of attorney.

In personal transactions, the Agent has no right to be paid unless specified by the Principal. In some cases, the Agent applies to the Court to allow payment for Agent Services. In the vast majority of what we will see as Notary Publics, payment is rarely a concern or specified. When a payment arrangement exists, it will usually be part of a separate contract and not contained in the distributed Power of Attorney.

How the Agent uses their Authority

Assume Lock is giving Key an Agent relationship. Key would probable use one of the following formats:
Lock by Key as Attorney-In-Fact
Key as Attorney-In-Fact for Lock
Opinions vary, I prefer the first example because Lock is written first matching the “under the line”.

Considerations for the Notary

ID – Follow your jurisdiction requirements – To The Letter. Power of Attorney documents can easily be litigated in a court. Look very closely at the ID, if it’s a 35 year ago picture does it look like the affiant?

Capability – a tough one, but I like to ask why they are signing, what does this document do?

Initials – Almost never required, but let’s think about it a bit. Initials are mainly used to acknowledge seeing a page. But, I submit they also “mark” a specific page as having been accepted. While I don’t suggest affiants to initial each page (Principal, Agent(s), Monitor(s) and Successor Agent(s)) – I would insist upon it if I was the Principal and not the Notary.

Blank Lines – The Principal should consider a N/A in each not-applicable area. For example: there is usually an area for the “second agent”. If this was subsequently completed, and a “loose ack” added to the document – it might appear that the second agent was approved by the Principal.

Oath – I know, many do not bother to administer an oath. On Power of Attorney documents ya better!

Suggest More, Earn More – Under most jurisdictions, a photocopy of a notarized document – is Not a notarized document. One copy will suffice for a task specific use, as in a Signing. However, a general care giver might need many copies. It is likely that a financial institution will require an original for them to permit the Agent to use their power(s). Your client might not know this, often they assume a photo copy will work the same as an original that was “wet signed” and embossed. A few dollars for each extra copy is a value to your client and might add up to some Sesame Chicken for you.

Witnesses – rare for Power of Attorney but does occur. I feel the witnesses should also be notarized whenever possible. The California “Long Form” Acknowledgement is perfect for this as it has specific areas to associate the “loose ack” to witnessing the document.

Closing Thoughts

I receive many calls for processing Power of Attorney documents. Often the caller is somewhat angry about their recent notary experience. They relate that the notary at the bank refused to notarize a totally legal to process document, it’s bank policy – they relate. The bank does not want their “deep pockets” as part of litigation. These are much more likely to be contested than an application for a passport.

It’s not often, but sometimes someone wants me to notarize their self written Power of Attorney. Of course I can do that, but I caution them that, in the majority of my experience – the document is not in a state specific standard form. Furthermore, your document might not be accepted as you intend. I am willing to proceed, but you have been cautioned that it might not suffice. They can make an informed decision.

Sometimes for a Power of Attorney signing I receive a copy (photocopy or via email) of the relevant Power of Attorney. They send it so I can “verify” and “accept” the Agent signing for the Principal. It is my opinion that I have no requirement to see that document. First, I am not an Attorney, and “technically” am not qualified to judge, read, or take any action; even if the original “wet signed” was submitted. Nor would I be in a position to know if the authority had been revoked, or if the Principal is deceased. When I notarize “Lock by Key as Attorney-in-Fact” – I am notarizing Key – only. Key is stating explicitly, and under oath (I think – it gets a bit fuzzy here, I’m not an attorney) that Key currently has AIF authority.

At the start of this blog entry I mentioned Lifespan and Scope and covered the more commonly used documents. Note that their characteristics can be combined in multiple ways. I think there could be, of the ones covered Four Factorial permutations: 4 * 3 * 2 *1 = 24 variations! This is one document that I never want to have to read and explain (with liability!) to those I will notarize.

.

You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Preparing to sign a last will and testament
http://blog.123notary.com/?p=19967

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November 14, 2016

Trump caught on mike with a Notary

Filed under: Andy Cowan,Popular on Facebook (A little) — admin @ 11:10 pm

Trump Caught on Hot Mike with a Notary!

We’ve all heard the scandalous 2005 tape by now of Trump with Billy Bush talking about how he can grope women with reckless abandon, simply because he’s a star and can get away with anything. Well now 123notary has unearthed an exclusive tape from 2006 of Trump talking to a notary between takes on season 3 of The Apprentice!

Trump: Did you see that babe’s signature? That thing had more curves on it than she does. I give it a ten.

Notary: Of course I saw it. I’m a notary. Although I prefer the professional “witness” over “see”. I also prefer that other signature over there.

Trump: That’s a flat signature. A flat signature can’t be a ten. Speaking of curves, I’d like to grade her on a curve. I give her a nine. Put it this way: I wouldn’t kick her out of bed. And I can get her into bed, because I’m a star. Now, if I was grading Rosie O’Donnell on a curve, she’d be a negative three. Imagine how low she’d be if I wasn’t grading her on a curve?

Notary: Mr. Trump, why are you groping my seal?

Trump: I’m a star. I can grope anything I want to. I like how it’s not flat. Do you remember that contestant who made fun of my hair?

Notary: The one you said “you’re fired” to?

Trump: I’m suing her. I want you to notarize a demand letter.

Notary: Are you demanding I do that?

Trump: Notarize two demand letters.

Trump notices curvy contestant coming his way.

Trump: Ooh-la-la. I better down these Tic Tacs. Not that my breath isn’t the best breath that anyone ever had.

Notary: Better than a baby’s breath?

Trump: Please. My breath has it all over a baby’s breath. I like the formula for obscene wealth. Not the formula you suck on when you’re not busy sucking on… Hello, my darling!

Curvy contestant: Hi, Mr. Trump.

Trump: Good thing I’m between wives, but hey, if I can cheat on my taxes, I can cheat on wives, am I right? Don’t answer that question, I’m always right. I did have that threesome once when I was literally between wives.

Curvy contestant: I like your hair.

Notary: (Re: not having to sue her.) At least it’s not three demand letters.

Trump: Want to touch it?

Curvy contestant touches it.

Trump: It’s real. As real as what I’m staring at right now.

Curvy contestant: They’re fake.

Trump: Make that…

Notary: Three demand letters. (to curvy contestant) You just implied his hair is fake.

Curvy contestant: Would you sign my breasts?

Trump: I’d be happy to. Cancel the demand letter.

Notary: Would you like me to witness that?

Curvy contestant: Pervert.

Notary: No, I’m a notary. I can help make his signature on your breasts official.

Trump: Even if your rack isn’t “official,” am I right? Don’t answer that, I’m always right. Let’s see, where’s my Trump pen? Unbelievable pen. Every Trump University graduate gets one.

Trump signs away. A little too hard. In a beat, we hear… PHTTTTTTTTTTT. At this deflated moment, Trump responds…

Trump: Your nine just became a one.

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October 21, 2016

Building a Wall Around Signing Companies

Filed under: Andy Cowan,Popular on Facebook (comments),Popular on Facebook (shares),Popular on Facebook (some) — Tags: , , , , , , , — admin @ 12:05 pm

BUILDING A WALL AROUND SIGNING COMPANIES

Signing companies are invading our territory. They’re lowering rates for signings, not paying people, and micromanaging the people doing signings.

We will build a wall around these signing companies. And let the signing companies not paying people on time pay for it. The good notaries will make good people sign their legible signatures on the wall. The bad notaries will turn to petty crime and write illegible graffiti on the wall.

In addition to the signing companies, too many new notaries are invading our territory, willing to do twenty dollar signings. They’re killers… of the marketplace by working for cheap. Others are executors… of documents that have something wrong with them. . Others are improperly backdating… Or allowing clients to sign incorrectly… They’re misidentifying people… They’re not administering oaths properly…

We will make notaries great again. They’ll become certified on 123notary.com. They’ll start winning again. Believe me, they’ll get so tired of winning, they’ll start losing their minds just to remember what losing feels like!

We’ll impose a temporary ban on all lousy notaries until we can figure out what the hell is going on. We’ll deport the notaries who aren’t doing their jobs back to where they came from, unless they’re already citizens, in which case we’ll export them to countries we’re not that crazy about. We’ll let them come back legally – by letting a competent notary make them swear they won’t screw things up the next time around.

And when that’s finished, we’ll build a wall around my mouth.

In answer to Bernie Sanders and Pink Floyd… We don’t need no (free) education! All in all it’s just another brick in the wall!

You might also like:

Notary Happy Days goes to China!
http://blog.123notary.com/?p=16536

Alice in Notary wonderland
http://blog.123notary.com/?p=16140

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September 27, 2016

The Nose Best Notary

Filed under: Ken Edelstein,Popular on Linked In — Tags: , , , , , , — admin @ 11:53 am

OK, I’ll admit it – I cheated. Of course the title should use the word “knows”. But, there seems to be a problem in the notary community. A disproportionate percentage of notaries feel they are a “cut above” the rest of the field. Not a tiny cut, but by a wide margin – knowledge wise. Many of us seem to consider ourselves the best – not “one of the best” but “the ultimate notary”, why?

I’ll venture a guess. It’s that the vast majority work for themselves. They answer to no one. Thus, they do their own “self evaluations” and, surprise – bask with pride at their reflected image. Wake up; you have a lot to learn. The world, security wise, is changing rapidly. The old TIL and HUD have been usurped by a CD. Are you hoping I will define that – sorry – I will not – you are supposed to know what a CD is. OK, you aced it – but how aware are you of its components?

The problem is manifested in more than knowledge of esoteric loan package forms. It goes to the heart of being a responsible public official. The county sheriff would not be in office long if they could not recognize one of the 10 Most Wanted if they passed them on the street. Similarly, you need to keep up on changing components that affect your working environment. A good start would be to review the Current Edition of your governing regulations. Things have changed since you took your notary exam. You swore to uphold those rules, and must maintain your knowledge.

Take participation in the http://123notary.com forum. Many are the posts that offer their own opinion – believing that theirs is the only right path. Few are the posts that acknowledge that someone with a superior understanding offered the right approach to the situation. It’s an interesting exercise to explore the web sites of those self proclaimed luminaries. I have done precisely that. What I found was gushing self praise and absurd proclamations. We can be at your location in 10 minutes. We know every doorman in the city. Our notarizations are much better than any other. Blah, blah, blah.

How do you throttle back your ego? One good method is to submit to standardized testing. This site offers a few varieties, as to some others. Of course there is your state notary manual, do you understand every word. Not each sentence by rote – but each concept by its essence. Did you ever call upon your licensing authority to explain a “fuzzy” concept? Or, did you just assume “I don’t need to know that. Here in NY State notaries must view “Adequate Proof”. The term is not further defined in the Notary manual. I spoke at length to them to derive their intended meaning.

Nobody is the knows best notary. Some think they are. The ones that come close are open minded and willing to learn. The foundation is, of course, your governing laws. But, it is in the application of those parameters that we exhibit our judgment; and our “wisdom”. For your business to be viable, you need to meet your clients’ needs and desires. Sometimes creative approaches, based entirely on what is completely proper are required. Given a complex situation there are those who will claim the request illegal; usually a safe choice. But, others with a greater breadth of knowledge can derive a totally legal and possible innovative solution. It is those whose clients feel that their notary “is the best notary”.

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September 20, 2016

Their Signature

Filed under: Ken Edelstein — Tags: , , , , , , — admin @ 11:27 am

Their Signature

Let’s use, as a working definition of Their Signature; “somebody’s name written by him or her in a characteristic way”. Long ago, about a decade, I was often asked to provide “legible” signatures that matched the name signing. I tried that a few times, mostly with dismal failure. More often than not, the signature was totally illegible – more like artwork than written script handwriting.

Now let’s go back a lot further in the past, about two thousand years. Commercial transactions were common then as they are now. Most did not read or write, they made their mark. It was the seal of the Notary, who knew the affiant that validated the “mark”. Nothing has really changed. It is still the Notary who is supporting the validity of the signature.

They can sign many ways, with a pen, with a brush (artsy?), using their hands, feet, knees or mouth to hold the instrument of signing. Keep in mind the Americans with Disabilities Act. We must make reasonable accommodation to all who qualify for our seal. The signature does not have to be the same as, or even similar to the one on their ie: driver license. A lost limb or even both arms does not preclude notarization. Pen held in mouth is fine, the signature will be vastly different – but that really does not matter. Many elderly people have hands that shake, but their minds remain crystal clear.

Their “signature”, however written is the second aspect of accepting the Notary Oath. The first part is communicating a “yes” to the Oath; the signature is the written agreement. As mentioned – often the signature does not match the ID. Of course the picture must. There is one signature that (at least in NY State) must match – and that one is mine. My signature is recorded with the county clerk and for it to be authenticated; my signature on the document must be the same as my officially recorded one. Thus my signature cannot change.

To me what really counts is their printed name somewhere to indicate exactly who is being notarized. If it’s in my “loose ack” – I get to print the name. Sometimes it’s not that clear on the document, that is when I ask them to print their name under their signature. Notaries must take care to delimit their notarization to those actually given the oath and ID checked. When there are “other” places for signature, I often add “by affiant name” to the “sworn to and subscribed”.

Signatures vary greatly. I have seen perfectly formed cursive handwriting, squiggles and minor works of art with flourishes. Many bear no relation whatsoever to the name. Sometimes the same thing is on the ID, sometimes not. It’s my job to determine who they are, not to critique how they write their name. It would be so much more “absolute” if a DNA sample were to be added. Some think a thumbprint would be best; but not everyone has a thumb.

So, I am not a handwriting nanny. When the instructions mandate “clearly written” I tell the affiant what they “require” – and accept what they do. Usually I ask for their routine, standard signature “the way you would sign a check”. In my experience people object to being told “how to sign”. The signature, stamp and seal of the Notary makes whatever it is “Kosher”.

You might also like:

Your signature needs work
http://blog.123notary.com/?p=15051

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

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

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September 18, 2016

He, She, or They?

Filed under: Ken Edelstein — Tags: , , , , , , , — admin @ 12:35 am

He She or They

Jeremy and others have often mentioned the “requirement” (in quotes because the laws regarding this issue probably vary by state) to cross out the irrelevant sections in a notary section. They reason that the notary is responsible to redact entries that do not “match” the person being notarized. I disagree.

In the thousands of notary sections that have my signature and seal, over a decade of doing this; not a single one has had the redactions. Not one. And, I have never been “called to task” for not completing the section properly. There is no mention in New York State law requiring such action. The model for the Acknowledgement that I use has both “he she they” and “his her their”; and is taken directly from the handbook for NY notaries. My Jurat is even simpler: Sworn to and subscribed before me by _____.

Long before “gender identity” was a news topic I concluded that I was not the person to determine the gender of affiants. If I am not the one, who is? Well, the best answer is probably the affiant. However, some may consider a medical doctor more appropriate. It could also be a Judge. I do not see it as my function, in MY statement, to declare the gender of the affiant. Now the gender identity issue has become a hot topic in the media. To me it’s a personal issue, one for the affiant to declare or not declare as they see fit. Whatever gender identity THEY say, outside of the notary section; is fine with me.

My sharp eyed critics, and they are legion; will have noticed I included “they and their” as items that I do not redact. They are thinking “surely you should delimit the notary section to one individual when multiple names are not being notarized”. Perhaps, but I offer two defenses to leaving it as is. First, the sole name, when there is only one affiant signing, is clearly entered in the notarization. Secondly, and admittedly this is a bit of a “reach” – the affiant might identify as being of dual identity. One ID, but they consider themselves two persons. Possibly one gender sometimes, different other times. Technically it’s proper for me to enter two names in the notary section when only one person is before me and taking the oath. This comes directly from the NY County Clerk office. If the affiant has two passports with a different name on each document – they have “proved” both names and “they” have the option of having each name entered on the notary section.

With the rampant rise of identity theft and similar crimes; the role of the notary has become more, not less, important in commerce. More important yes, but not of greater scope in our basic function. Many are the “notary signature only” documents I have seen included with the packages. Fortunately for me it is illegal in NY as a notary; to make statements of fact. The most common being for me to state that I have determined the identity of the affiant(s) to an absolute certainty. The State standard is to view “adequate proof” – not absolute proof. These statements by the notary will only admit you to the litigation chain if, in fact, you were conned by a good looking forgery of the ID.

But, let’s get back to the gender issue. A person is a person, nobody will refute that. We notarize people, they come in a wide variety – and it’s our job to accommodate all of them; within the bounds of our respective state codes. I leave my notarizations “open” to be all inclusive. It’s for others to decide issues of gender. It’s so easy to make false assumptions. I have asked the Sister of the affiant to sign on the Spouse line. Ouch, that was awkward for a moment. Clearly including the name, as taken from the ID is what works for me. Of course care should be taken to not provide an “open ended” notarization to which some additional name(s) can be added at a later date. As the County Clerk told me: “You notarize the name as on the ID, nothing else”. Thus, I make no determination as to he, she, or they, and leave the form alone.

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September 13, 2016

The Self Nanny-ing Notary

Filed under: Ken Edelstein — Tags: , , , — admin @ 11:24 am

The Self Nanny-ing Notary

We all hate to be micro-managed by others. But, we really do micro-manage ourselves. We make thousands of little decisions every day. That decision making does not trouble us; it’s a natural part of our daily lives. It’s the intrusive and disruptive that we perceive as being obnoxious. Well, there is a good lesson to be learned from those “newbie” shops that recruit fledgling notaries. They, if one is open to learning from them; provide an excellent tutorial on notary/client communications. That’s an area many of us have room for improvement.

In addition to the baseline of providing a perfectly executed set of documents, you will be judged by your attention to communications. This is one area when “too much” is way better than “to little”. Some examples: I have confirmed the date, time and location with the affiant. I received the documents via email. I printed two sets, some went to letter size, and some went to legal. I have the airbill. I am leaving for the assignment (tells them that you can no longer receive an updated document). I have arrived and am with the affiant. We have completed signing. I am taking the package to the shipper. The package has been scanned and is trackable. I am sending you my W9 and Invoice. Thank you for selecting me, I appreciate your business.

All of that, every time? Of course not – but, as those are typical of the nanny shops; they show information that is meaningful to your employer. If you have a reputation, have done many jobs for them, perhaps only 2 or 3 of the above are necessary. But, if you wish to make a great start with a new client; keeping them informed is really the right thing to do. Not sure if they want a minute by minute email – ask them; let them tell you the level of communications wanted.

Most, but not all, of the example I routinely do. It’s easy with a properly set up cell phone’s email software. Result? Many comment that they like the communications. Keep in mind that even though we receive a modest fee; others are depending on us to earn their substantially larger commissions. And, they do want to know that things are proceeding smoothly. Your updates let them know that no problems have developed; otherwise you would have mentioned them. As mentioned, ask if they would prefer frequent progress updates, or just the final “signed & shipped”.

Today I had a client frantic about a package that had not been delivered on time. Fortunately, it is my custom to either scan or cell camera photograph the drop off receipt and email that with my “signed and shipped” statement. Of course when they supply the airbill they have access to the drop off location and time. However, my email with the client name (the initial “work order” that they sent to me) and the drop off image makes it much easier for them. That email from me ties the client name to a tracking number. It also puts me “out of the loop” at I can prove the drop off was punctual in relation to the signing completion time.

While I don’t permit others to micro-manage me with frequent calls, I have no problem providing very frequent status updates via email. Incoming calls are intrusive, they busy my line; possibly costing me a new assignment. Sending updates via email, short and to the point is the way to go.

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September 10, 2016

The Big Con

Filed under: Ken Edelstein,Popular on Facebook (comments),Popular on Facebook (shares),Popular on Linked In — Tags: , , , , , — admin @ 12:31 am

The Big Con

First, the “sense of urgency”.
Are you available right now, I mean immediately? I have a situation that demands instant resolution. My documents must be notarized and faxed within the hour. The attorneys are, as we speak, waiting for the notarized documents. Very big money is at stake and I will pay for you to cancel any conflicting other jobs. I cannot go into great detail, time is of the essence. How long will it take you to get to my location, only three notary stamps are required. You can also triple your routine fee. You must agree, the situation is extremely urgent and demands your instantaneous response, at any cost.

Second, a smokescreen about details.
I ask the usual what, where and when, what ID he has; and does his ID match the name on the documents. We can go over all of that when you arrive. I need you to depart now to meet me at the FedEx (location given). Instinctively I perceive a nightmare not a dream assignment. I’m not going anywhere until I have more details. I press on for the details. Mixed in with exhortations about instant departure, some details are reluctantly provided. The job is for a deed and related documents. He only mentions that he has “positive ID”, and the notarized documents were drawn by his attorney and has his name.

Third, an odd New York Requirement
My caller mentions arriving in New York solely for getting the documents notarized. Arrival from Boston was only an hour ago. I am told a story that the document can only be notarized in New York City. Now my BS sensor is full scale. Unless I can be convinced that assertion is truthful, I have been told a lie. So, I ask why only in New York City. I am told it is a requirement of the seller of the Boston property. This makes no sense whatsoever. Still intrigued by the caller’s BS, I ask specifically what ID will be shown.

Finally, the big Con is Exposed
I know you are not going to be comfortable with this but the only ID I have with me is a photocopy of my passport! Just a second, I also have my credit card. I ask: am I to understand that you just flew in from Boston, passed airport security with a photocopy of a passport and credit card? Yes, I showed them the documents, and “due to the amounts involved” they accepted my passport copy at Boston airport. My credit card paid for the flight and that was enough for them. They were more sympathetic than you seem to be about my forgetting to bring my wallet with me when I went to the airport.

Well, I now fully understand the situation. It is totally unacceptable to notarize without the original government issued photo ID. Now for some hostility, though still speaking politely. What kind of a notary are you to refuse an urgent request? Not wanting to inflame my caller, I again stress that notaries are subject to regulations; the same as police and taxi drivers – “It would be illegal for me to proceed”.

That ended my involvement with what I perceived to be a Con. Two of the most “powerful” documents that we routinely handle are POAs and Deeds. But, I submit even the most humble of notarized items require full application of all requirements. A “low level” document is a letter of recommendation for the babysitter. Really? I think not. How would you feel being drawn into a situation where your notary work assisted a “monster” obtaining access to a child; and doing something improper? Terrible, of course. Thus, it follows that each time you sign and stamp there is a risk, but that risk can be managed. Wiser heads than mine have established regulations and guidelines for us to adhere to, without exception. It’s never trivial, each notary act is serious, has potential consequences; and must follow the law, to the letter.

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