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January 21, 2012

Rules for notarizing a bedridden person

Rules for notarizing a bedridden person
 
I have written a lot on this topic, and posts relating to this topic are in the hospital category on the right.  There are no special notary laws for notarizing a bedridden signer. However, there are a few important things to know that are common when notarizing hospitalized or bedridden or elderly signers.
 
The identification must be current
A few states allow an ID to have been issued five years before the date of the notarization, when the ID technically expires four years after it was issued.  However, elderly signers will commonly have an ID that was used between Christopher Columbus’ time and the French Revolution.  If you do a signing for an elderly person (or anyone else), make sure their identification is current before you drive to that location (if you are a mobile notary). 
 
The patient / bedridden person must be coherent and sober
It is common for nurses to drug a patient right before the notary arrives.  Unfortunately, it is not legal to notarize someone who is so out of it that they can’t think or function.  So, if you want that notarization to happen, put the morphine on hold for now! Keep the valium in it’s syringe for now!  Additionally, if the signer can not move their arm to sign, you have a problem. If the signer can not talk enough to acknowledge that they understand the document, you are in trouble too. 
 
Elderly people get scammed regularly – notaries beware!

Elderly people fall prey to all types of scams, and the “nice” people who you assume are the signer’s children could be scam artists who are conning the drugged patient into signing their assets away.  The notary will (could) end up in court if someone gets scammed, so beware, and make sure the signer knows what is going on — or you (the notary) will be very sorry when the justice system hijacks you for two weeks without pay a few months or years down the road. It is not worth it!

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Power of Attorney at a nursing home
http://blog.123notary.com/?p=2305

What is Signature by X or Signature by Mark?
http://blog.123notary.com/?p=2278

A tale of four Notaries at hospitals
http://blog.123notary.com/?p=463

30 Point course – hospital signings
http://blog.123notary.com/?p=14492

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January 13, 2012

Borrowers and their filthy homes

The notary who was very ill
A while back I had tried to reach one of our notaries (and she has become a dear friend as well) for some time but with no response I started to worry. When I did finally reach her she shared a horrifying story with me. She confided in me that she had been quite ill. In fact she expressed to me that she was very near death.  I could hardly believe my ears what she had begun to tell me.

Coming down with a flu
She had had a busy week with notary work and she became ill with what she thought was the flu/cold. She did not quite know what was wrong but knew that her body was telling her something was not quite right. This was more than a cold. She eventually ended up in the hospital and with her stay her body continued to slowly shut down. She was literally dying right before the doctors and staff’s eyes. They ran test after test and could not come up with anything.

But, what was her illness?
They were baffled. What they did know for sure is if they didn’t do something and do something fast she would surely die.  They were clueless, was this an infection or was airborne or contagious?? They continued with the tests but nothing. They were afraid to give her any medication for fear that it would kill her. If they didn’t know what was wrong how could they treat her. So they quarantined her and everyone that tended to her wore masks, gloves, etc. They were stumped/baffled to say the least.

A test for Legionnaires disease
Now, If it weren’t for what she would call her ‘angel’ she would not have lived to tell this story. There  just so happened that there was a young intern at the hospital (who’s sex it still unknown to her to this date; not that it makes any difference) suggested for them to  run the test for Legionnaires Disease. Why he or she suggested or thought to test for this is still unclear but as far as our notary and I are concerned, it was our heavenly father above. The doctors ordered the test and what a shocker those results were, positive-BINGO-that is exactly what she had. Now you may ask what exactly is Legionnaires Disease?? I have posted a summary below.

Legionellosis is a potentially fatal infectious disease caused by gram negative, aerobic bacteria belonging to the genus Legionella.[1][2] Over 90% of legionellosis cases are caused by Legionella pneumophila, a ubiquitous aquatic organism that thrives in temperatures between 25 and 45 °C (77 and 113 °F), with an optimum temperature of 35 °C (95 °F).[3]

Legionellosis takes two distinct forms:
Legionnaires’ disease, also known as “Legion Fever”,[4] is the more severe form of the infection and produces high fever and pneumonia.[5][6]

The disease was traced to a borrower’s home
If it sounds scary well it is…When the notaries test came back positive the CDC was called in.  Can you believe it! Haz-mats and all. And they wanted to know EVERY place she had been., Every detail.  Being barely able to communicate she let them know all of the places she had been. They traced her steps, they checked her home and all the places that she had been after she had became ill and low and behold the LD was ultimately traced to a BORROWERS home that she had closed a loan for. It seems the borrower had never cleaned/serviced their air conditioning unit and whenever it was warm and they turned it on it was blowing the LD bacteria into the air and our unfortunately notary had breathed this deadly bacteria in while she was there closing her loan. Our notary let me know that the house itself was filthy and she says now with her near death experience she will never enter a filthy home again.

No more dirty homes
She says that if she arrives to a house  that is not clean for notary work, she will not set foot in it. She immediately (but kindly) offers to take them for coffee and they sign the paperwork at the coffee shop. No exception! She told me that she had to learn allot of things all over things that we just do naturally and take for granted, like eating walking, etc. The disease had essential destroyed her immune system and left her weak…so she felt that no signing job was worth what she had been through..so NO more dirty houses.

The borrowers were immune
What got me is that the people that lived in the house never got sick…the CCD said that because it was their filth they were immune to the bacteria. But any friend, worker, etc that entered that house and stayed any length of time on a hot day with that uncleaned air-conditioning running would get deathly sick. So next time a house is really filthy you may want to think twice about entering it.
Until the next time. Be safe!

.

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Some folks feel more comfortable with a strange female in their house
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http://blog.123notary.com/?p=15896

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January 5, 2012

Can a notary sign an out of state Quit Claim Deed?

Can a notary sign an out of state Quit Claim Deed? 

One of the search terms we found in our blog stats was as follows:
Can a NY notary sign a Florida Quit Claim Deed?
 
Any notary in the United States can notarize a signature on a Quit Claim Deed from any state.  However, there is a catch!  Quit Claim Deeds have always used Acknowledgment verbiage / Acknowledgment wording in my experience.  Acknowledgment verbiage might differ from state to state.  So, the important point to remember is that the notary wording or notary verbiage should match the state where the document is going to be RECORDED.  If the document will be recorded in Florida, please make sure to use Florida notary verbiage.  If the document is going to be recorded in Texas, then use Texas notary verbiage. 
 
Another small point is that notary verbiage sometimes gets changed over time, so you need to make sure you are using 2011 or 2012 notary verbiage for the state where the document is to be recorded.  County recorders are the office that typically records deeds of various kinds.  They can sometimes be very picky.  Make sure your notary seals are very clear and not smudgy if you are submitting notarized documents to the county recorder!
 
Summary:
(1) Notary verbiage must match the state where the document is going to be recorded
(2) Any notary in the United States can notarize a Quit Claim Deed, Grant Deed, Warranty Deed, or any type of Deed for any state

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Quit Claim Deed
http://blog.123notary.com/?p=18905

Good Deed Bad Deed — Ken’s guide to every type of Deed
http://blog.123notary.com/?p=16285

Can a Georgia notary notarize a Florida property document?
http://blog.123notary.com/?p=1912

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

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

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January 3, 2012

Finding a notary for adoption papers

Notary for Adoption 

If you need a notary for an adoption, keep in mind that there might be many documents to be notarized.  However, the notary is not free to give advice about any of these documents. The notary public just makes sure that you signed the documents and notarizes your signature(s). That is it.  You (the signer) will be required to sign the notary journal once for each signature that is being notarized. If you need advice about the notary procedures for an adoption, please consult an attorney.  The notary’s purpose is only to notarize documents and NOT to give advice…

Adoption paperwork packages tend to be long and cumbersome, so please allow ample time to read and sign the long stack of documents.

Please use 123notary.com to find a notary that can help you with your unique needs!

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Notarizing for an adoption
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Where can I find a Notary to sign adoption paperwork? (2016)
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Tips for notarizing international adoption documents
https://www.nationalnotary.org/notary-bulletin/blog/2015/07/tips-notarizing-international-adoption-documents

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December 17, 2011

Penalties for notary misdeeds & misconduct!

Penalties for notary misconduct, crimes, and misdeeds 

I very rarely hear about notaries engaging in any type of illegal activity or illegal notarizations. The normal problem with notaries is lack of skill, neglegence, or bad tempers in a few cases.  I have only heard of one notary that engaged in a serious crime, and he went to jail.  This blog entry will discuss various types of notary misconduct and types of penalties for this misconduct in California. Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.  However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different. The information here is time sensitive and could change at any time. These are listed in the order of which I feel they are important to mobile notaries.
 
Asking a notary to do an improper notarization.
This is a misdemeanor.  If it involves real property, then it is much more serious.  Clients might ask you to notarize them using a different name variation that is not documented, or put a false date.  This is illegal. They are guilty for asking you to do this, and you will be guilty if you give in to their pressure. If you have driven thirty minutes to a job, you have a beneficial interest in notarizing their document unless you have gotten your travel fee up front when you walk in the door.  So, legally, you MUST get your travel fee BEFORE you see the document, or are informed who the signers are, or see their ID, because a conflict of interest can easily happen.  If someone asks you to do something illegal, you can threaten to report them to the Secretary of State’s office. This is a serious crime and you should treat it as such.
 
Issuing a false certificate
A notary who issues false certificates, and this could include backdated certificates would be guilty of a misdemeanor.  A false Acknowledgment certificate constitutes FORGERY.   Additionaly, the notary could have their commission revoked if found guilty of this crime, with an additional fine of $1500 per incident.
 
Failure to Identify a Credible Witness
A fine of $10,000 per incident could occur if a notary fails to check a credible witness’s identification documents and see that they have acceptable identification.
 
Failure to get a thumbprint!!!
This is my favorite.  Thumbprints are critical for identifying a signer if fraud is suspected.  Powers of Attorney and Deeds require a journal thumbprint in California.  A fine of up to $2500 per incident would be the penalty.
 
Failure to administer an Oath
A fine of $750 per incident could be incurred, not to mention revocation, or suspention of a notary commission, or refusal to grant a commission.
 
Felony Convictions
If you have a felony conviction or have been convicted of a crime involving dishonesty or moral turpitude, you will most likely not be allowed to get a notary commission in the first place.  If you already had a notary commission, it would be suspended or revoked the minute your state’s ntoary division finds out about it!
 
Professional Misconduct
This refers to dishonesty in your professional activities.  The penalty would once again be suspension, revocation, or refusal to grant a notary commission.
 
Failure of Duty
This means that you refuse to serve a member of the public who has a legitimate request for a notarization.  However, if the signer doesn’t have proper identification, or doesn’t have a properly filled out document, or seems very questionable, you have the right to refuse service to such a client.  The penalty would be refusal to grant a notary commission, suspension, or revocation of a notary commission. Additionally a fine of $750 could be imposed on the California notary public.
 
Falsely Acting as a Notary
This is a misdemeanor
 
Making false statements to a notary
Anyone who induces a notary to make an improper notarization with regards to real property can be found guilty of a FELONY.  This is the most serious type of fraud possible in the notary profession.
 
False or misleading notary advertising
Making false statements in notary advertising is illegal, and the penalty for California notaries is $1500 per incident.  Additionally, such a notary’s commission could be suspended, revoked, or there could be a refusal to issue a commission.  Claiming to be an immigration expert, or be able to give legal advice could be a serious example of false advertising. 
 
Selling personal information
If the notary sells or misuses personal information of those he/she has notarized, that is illegal as well.  Remember to keep your journals locked up, so that nobody can have access to that information. When making copies of journal entries, make sure that the neighboring journal entries are covered, so that their information is not shared with the public.  Once again, your application could be denied, or your commission could be suspended or revoked for such a crime.
 
Misstatements on a notary application (Application misstatement)
Your notary commission could be suspended, revoked, or refused if you are guilty of this misconduct
 
Here are some other crimes… I will just list them here, but may or may  not describe the penalties.
 
Failure to deliver a journal to the county clerk at the end of your commission. – misdemeanor
Failure to safeguard seal and journal – revoke/suspend/refuse
Failure to report a lost or damaged seal – $1500 fine
Nonpayment of judgement / Refusal to pay child support – refusal to issue a commission
Failure to keep a journal – such notaries will be prosecuted
 
There are a few others laws that I am not going to mention, but these were the interesting ones…

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Penalties for notary misconduct and fraud (2018 version)
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December 7, 2011

Has anyone failed the notary exam?

Has anyone failed the notary exam? 

Each different state has a different notary application and different standards for who can become a notary. Generally you need to be a legal resident of the state in question, or at least working in that state.  You need to be 18 years of age or older as well, and not be a felon.  But, testing standards vary state to state. But, you might ask, “What do I do if I fail the notary exam?”
 
Louisiana notary exam
Louisiana has a tough test, and weird commission standards. You are commissioned for life there, but you can only work in one Parish, unless you have a special commission that allows you to work in several reciprocal Parishes (how complicated).  Most states allow statewide jurisdiction.
 
California notary exam… 

The California test used to be reasonably passable, but in recent years, it has become tougher and tougher and the result is that fewer people are becoming notaries.  There is a proctored examination and it is timed as well. Good luck and make sure to take the six hour required course from a state approved vendor
 
New York notary exam..
New York
also has a notary exam.  I have heard that it is not as hard as California’s, but you should study hard in any case.
 
Failing the test?
If you fail your state’s notary exam, each state has different rules for when you can take it again.  BTW, many states don’t have a notary exam to begin with, but they should, because there is a lot to know about this line of work, and the states should make sure that people know what they are doing.  Even people who pass the test still don’t have a clue how to deal with many daily and practical situations.  Most states will allow you to take the exam again.  The main point is to study hard and review a lot before attempting the test.  Also, take a seminar, even if you have to take it twice.  You will absorb what you were taught there, and need that knowledge for the life of your commission. 
 
Is there a fee for taking the exam again?
Most if not all states will want to charge you and make you fill out more paperwork to take the notary exam another time.  So, find out how they want you to make your check out, and where to go.

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Notaries who failed the California notary exam
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December 2, 2011

How much can a notary charge in 2014 / 2015?

How much can a notary charge for a …

Q. How much can a notary charge for a witness signature?
A. The notary can charge whatever your state’s maximum notary fee is if you are notarizing a signature of a witness. Please visit our find a notary page, and then look up your state.
http://www.123notary.com/find-a-notary-public.asp

Q. How much can a notary charge for travel?
A. Most states allow a notary to charge whatever the client will pay for travel, but a handful of states have travel fee restrictions such as New Hampshire, Arizona, and a few other states. Please visit
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4231

Q. How much can a notary charge for a copy of a journal entry?
A. In California, 30 cents per journal entry. However please visit the state notary division website of the state in question for a state specific answers. This type of notary act does not have a fixed fee in most states by the way! Californians are lucky that they get to capitalize on this rare opportunity!

Q. How much can I charge to notarize for an inmate? How much to charge for notary services in Jail?
A. The actual fee for the notarizations is whatever your state maximum fees are. However, travel fees and waiting time fees are whatever you and your client agree on unless you are in a state that has travel fee restrictions.

Q. How much should a notary charge for swearing in a witness or a signer?
A. Most states have a set fee for administering an Oath… you can charge that fee.

Q. What is the maximum fee a notary can charge for an Acknowledgment in 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum fee a notary can charge for a Jurat in 2013, 2014 or 2015?
A. Please consult our find a notary page and then look up your state

Q. What is the maximum charge for a notary in my state?
A. The fee depends on the notary act, so please look your state up on our find a notary page on 123notary.

Note to readers
This blog entry was written in 2011, but modified in 2013 & 2014. Prices in 2015 & 2016 should be the same as in 2014 in most states. Find a great notary on 123notary!

Tweets
(1) How much can a notary charge for Travel, Copies of journal entries, Witness signatures & more!
(2) How much can a notary charge for an Acknowledgment, Jurat, or notarizing an inmate?

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Q & A about various notary fees in 2013
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Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Read blogs about California Notary issues!
http://blog.123notary.com/?tag=california-notary-public

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December 1, 2011

Can a Georgia notary notarize a Florida property document?

Can a Georgia notary notarize a Florida property document?

Loan signings are common across the United States.  Any notary in any state can notarize almost any document within the confines of their state, but the document can be from out of state, or out of the country.  Notaries should refrain from notarizing copies of vital records, and Wills are generally avoided in many states as well.  Just as long as a Georgia Notary has their two feet in Georgia, it is okay to notarize a Florida document, or a loan signing for a property in Florida. 
 
Non-attorney Georgia Notaries are prohibited from doing loan signings for properties in Georgia, but, I don’t know any restriction for them as far as notarizing loan documents (packages that generally include Deeds of Trust, Mortgages, Grant Deeds, Quit Claim Deeds, Notes, Notice of Right to Cancel, etc.) that are from Florida, or some other state.
 
A Florida notary can also notarize documents that are to be recorded out of state.
 
One critical piece of information is that the county recorder in the state that a document is going to be recorded — have standards.  They might insist on their state’s notary wording to be on the notary certificate.  They can reject a document if the notary wording is not up to their standards, or if there is a smudgy seal, etc.  That is the job of the person who prepares the documents, and not the responsibility of the notary. A Georgia notary public, or any notary for that matter is allowed to make legal decisions for their clients which includes what type of wording to use, document drafting, or choosing the type of notarization to do, i.e. acknowledgment, jurat, protest, etc.

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November 29, 2011

Can a notary perform a wedding or marriage?

Can a notary perform weddings?  Can a notary perform a marriage?
 
There are only three states that allow notaries to perform weddings.  If you are a Florida Notary Public, Maine Notary Public, or a South Carolina Notary Public, you can solemnize a marriage or officiate at a wedding. However, you might need some extra qualifications and authorizations from your state, so please ask your state notary division what you need to do to be able to officiate at weddings. Being a member of the clergy is helpful but not necessarily required to become a wedding officiate.
 
Can an Arizona notary perform a wedding?
No, an Arizona notary may not perform a wedding.
 
Can a California notary perform a wedding?
Sorry, that is not possible. Please find a specialist who is authorized to perform a wedding such as a priest, rabbi, clergy member, magistrate, marriage commissioner, or ask your local county clerk’s office, etc.
 
Can a Florida notary perform a wedding?
Some Florida notaries have the paperwork necessary (and the skill / specialty) to perform marriages.  123notary.com has a handful of Florida notaries who perform marriages as their primary vocation.
 
Can a Maine Notary perform a wedding?
Maine notaries can get licensed to perform marriages.  There are a handful of Maine notaries who perform marriages on a regular basis, and you can find them on the internet.
 
Can  a Maryland Notary perform a wedding?
No, a Maryland Notary may not officiate at a wedding.
 
Can a New Jersey Notary perform a wedding.
No, a New Jersey Notary may not perform a wedding
 
Can a New York Notary perform a wedding?
No, a New York Notary Public may not officiate at a wedding.
 
Can a Pennsylvania Notary perform a wedding?
No, a Pennsylvania notary can not perform a wedding ceremony.
 
Can a South Carolina notary perform a wedding.
With special authorization from the state, a South Carolina notary public may perform marriages.
 
Can a Texas notary peform a wedding?
Sorry, that is not allowed. Please consult a priest, rabbi, clergy member, or your local county clerk’s office.
 
Don’t see your state mentioned?  If you are not in FL, ME, or SC, a notary may not officiate at your wedding!

.

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Notary Certificates,  Notary Verbiage & Notary Wording

Notary terminology is sometimes confusing, so there are a few things to remember.  There are different types of common notarizations.  Acknowledgments and Jurats require certificate wording (notary wording), and Oaths and Affirmations could be purely verbal.  A Jurat requires that an Oath or Affirmation accompany the signing and certificate wording (notary wording, notary verbiage).  An Acknowledgment is purely paperwork in most cases, however, I have seen even an Acknowledged signature have an accompanying Oath.  80% of notarizations are Acknowledged signatures, while roughly 19% are Jurats, and the remaining 1% would be a mixture of other types of less common notary acts.
 
Acknowledged Signatures
The 2011 & 2012 notary certificate for an acknowledged signature includes a venue (documentation of county & state), the name of the notary, the name of the signer, the fact that the signer appeared before the notary and acknowledged signing a particular document.  The current notary verbiage on this form should include the date of the signing, and the signature and official seal of the notary as well.  The actual notary verbiage differs from state to state.  California notary verbiage is a bit different than Ohio notary verbiage.  Also, Ohio has different types of acknowledgments such as corporate acknowledgments and an attorney in fact acknowledgment.  You should ideally research your state’s notary verbiage to see what it is.  If you visit our find a notary page, there are links to states, and on the state pages, you can find a lot of information about acknowledgments and jurats in those states.  We have detailed information for Florida, Illinois, Michigan, California, Arizona, Ohio, and a few other states as well.
 
Jurat Signatures
The notary certificate for a jurat signature / oath has changed in many states. It is/was normal to have a venue, and then say, “Subscribed and sworn to before me (name of notary) by (name of signer) on (date).”  Then there would be a signature of the notary, and a place for the official notary seal.  Jurat verbiage also can differ from state to state so please look it up on google. 
 
Certificate forms.
Notary certificates can be notary wording / notary verbiage that is embedded on the last page of a document, or sometimes within a document if there are intermediary signatures.  If the notarial wording is NOT included, you must add a loose certificate and attach it to the document (by stapling). 
 
Filling out the forms.
Many notaries don’t understand how to fill out notary wording on certificate forms.  Let’s say a guy named Paul Solomon is the signer.  If the form says,
 
(note: this is not real Florida notary wording — I am making it up for educational purposes)
In real life, the Florida notary certificate is much simpler than this, but in other states there are cross outs that the notary needs to make. 
 
State of Florida
County of Brevard
On 8-11-2010 before me John Doe, notary public, the foregoing document was acknowledged before me by Paul Solomon, who acknowledges signing the document in his/her/their capacity(ies).
 
(notary seal)
 
In this example, it is the notary’s job to cross out the “her” and “their”, and the “ies” in capacities.  More than half of notarizations that I have seen were done by notaries who omitted to do the cross-outs.

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