What if the document was forged.
Imagine that you are a notary public who just got in huge trouble for notarizing a forged document. It is not your responsibility to know that the document was forged. It is only your responsibility to know that the person who was documented as signing the document appeared before you, proved their identity, and signed the document before you notarized it.
Forged Identification
Or what if the ID used for the notarization was forged? You can still take journal thumbprints and that can get you off the legal hook a lot faster if you keep a record of those thumbprints. But, what about a forged notary seal?
E&O won’t help unless you made an error.
Some notaries think that since they have Errors & Omissions insurance that they will be covered. But, does E&O cover legal expenses? The real problem is that E&O will probably say that the notary didn’t make any errors — it was someone else who forged their seal. Therefore it is a criminal matter, and the notary in question is not at fault — providing you can prove that the notary seal indeed was forged.
If your notary seal was forged, how would you prove it?
My notary seal’s impression was copied onto an Acknowledgment form. The notary’s handwriting on the form didn’t match mine at all and they didn’t cross out the his/her/their or the (s) on the certificate either proving that they were not me, and most likely not a notary (at least not a good notary.) If the borders on the seal don’t match yours, that is another clue. If you don’t have a journal entry of the transaction, that might void the notarization entirely in certain states — not sure what the law says about that one. But, it could constitute proof that you didn’t do the notarization in question if there is no journal entry, assuming that you always keep a sequential journal entry of all notarial transactions.
What if you are sued?
Unfortunately, as a notary, if you are sued for fraud, or being involved with fraud, you could lose $20,000 in legal expenses only to be proven innocent. You lose, even if you win. E&O insurance won’t protect you if you are not at fault. So, if you are falsely accused because someone else did fraud including a seal forger, a corrupt Title Officer, or someone else, you can get in big trouble. It is best to try to reason with the plaintiff and prove to them through whatever evidence that you have that you are not one of the parties to be blamed. You can also tell them that you will counter sue for legal expenses and time lost if proven not guilty.
Identifying the fraud
One of the issues in catching a fraudulent impostor notary is that they are hard to catch. The only people who have seen them would be notary customers. Those customers would have found the person’s number online or in the yellow pages or through a referral. Notary clients very rarely check the ID of the notary, so the notary could be an impostor and get away with it for a while without being caught. But, why would an impostor notarize many people. Chances are that the impostor notary would be well acquainted with the individual who forged loan documents, or could be the same person which means that nobody would see him or catch him. If he forged the signature of the borrower as well, then it gets very complicated. Three forgeries in one! If they forge a notary seal, the forged seal might have the name of a real notary on it. In such a case, the real notary would be able to prove through his journal that he never notarized that forged document. Additionally, the forger would have to not only forge the signature of the borrower, but also of that particular notary which would require quite some skill. I always used an embosser that left a raised seal in the document. A fraud would have to be pretty clever to forge my seal and my embosser and use it like I did — and in the one case where my seal was forged, they didn’t have the brains to do it correctly and got caught (but, not necessarily prosecuted – or at least I was not informed of what happened after the fact.)
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Is $75 enough to print 2 sets of docs, notarize & do faxbacks?
In this tough economy, many notaries have simply dropped out. The remaining notaries, as tough or as proud as they portrayed themselves to be have simply had to compromise their standards for what they charge. Many signing agents with ten or more years of experience told Carmen (in confidence) that they were forced to accept $60 signings just to stay afloat. So, we won’t mention any names, but you know who you are. Desperate times call for desperate measures.
Americans complain about what Indians would regard as a luxury!
Notaries complain endlessly about how unfair it is that they only get $75 for so much work with such high expenses. My take on the situation is quite different because I travel. A policeman in India makes $50 per month (not including bribes.) Can you imagine living on $50 per month? How would you rent a place to live? You would be living on top of each other twenty to a room and eating dahl and rice in small quantities once or twice per day if you were lucky. Can you imagine this type of poverty that hard working Indians endure as a matter of standard procedure? And what about the folks in the countryside who work for 20 rupees per day which is about 40 cents. That is about $12 per month. When you get these $75 assignments, just say to yourself, “I made four months of a Bihari farmworker’s salary in two hours! Yippee!”
If you are doing worse than last year, do you get upset?
It is a human tendency to be sad when you are not getting what you want, or what you used to easily get. But, this human tendency needs to be changed. We live in a changing world where what was impossible yesterday might be easy tomorrow, and vice versa. You need to just do the best you can do and not base your life today on whether it is better or worse than last year. Notaries base their fees on 123notary on what they paid last year. If I charge $150 this year, but only $120 last year, they are upset that they are paying more this year than last year. What really matters is not what happened last year, but if your investment is getting you a sufficient return.
Let’s do the math
If you get $75 for a loan signing, how much work and expense is really involved. You might spend 20 minutes on the phone on average including follow up calls, scheduling and making sure the documents arrive through whatever medium is used. You might need to drive thirty to forty-five minutes both ways to the signing. You might go through 350 pages of paper, and some toner or ink printing the documents which is not for free unless you have a gift certificate to office-max.
Your real expenses might be $4 of car expenses including gas, oil changes, and other wear and tear.
If you can purchase paper for a bulk price you might use up $3 in paper, and $2 in ink or toner (just guessing)
You might use up two hours of your time including everything: 1 hour driving; 30 minutes signing; 20 minutes on the phone; 10 minutes doing fax backs. (best case scenario)
After expenses, you get $66 profit and you can deduct your miles at the Federal mileage rate as well!
If you spent two hours total, you got $33 per hour.
On the other hand, if you spent an hour each direction, had to wait four hours for documents, and the signers read every letter of every page and asked a million questions, plus spent an hour on the phone with Fred the lender, then you might have invested seven hours which would leave you with $9 per hour which is still above minimum wage in most states.
$20/hour is not bad for someone who can just walk in off the street.
I would say in all honesty, that the average signing agent probably makes about $20 per hour for their assignments. More seasoned signing agents who command higher rates like $125 or more per signing might make $45 per hour on average. Being a relatively inexperienced signing agent is not a high skilled job like being a nuclear physicist. You do not merit $50 or more per hour unless you are the best 1% of notaries in the business or are an Attorney. All you need to be a notary signing agent is to be a resident of a state (not even a citizen in many states,) fill out an application (most states don’t even have a notary exam,) get bonded, and take a quick class in loan signing; $20 per hour is not bad for someone who can just walk in off the street and start doing loan signings. For a notary with three years of experience, they should be making more like $25-$30 per hour. That is what I made when I was doing signings with that level of experience!
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