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November 24, 2011

How do I get an Apostille or Authentication?

Where do I get an Apostille?
Apostilles are usually obtainable from a State Notary Division or a Secretary of State’s Office.  Due to budget cuts, Secretary of State Offices are not always closeby, so it can be labor intensive to get to them.
 
What is an Apostille?
An Apostille CAN BE a document or certificate that is attached to a document notarized by a notary public, that is going to be sent OVERSEAS to a country that are NOT members of the HAGUE Convention. Or it can be an original document such as a Birth Certificate or Marriage Certificate that contains the original seal from the state that it originated from.  In either case, the document is going to be sent overseas to places such as Mexico, Spain, Argentina, or India.
 
Some documents need to be authenticated before you can get an Apostille, while others don’t.
 
How do I get an Apostille?
You might consider contacting an EXPERIENCED notary who has been through the Apostille process many times.  There are many notaries who fit this description, but you need to know how to find them. Or, you could contact your state’s Secretary of State yourself, and drive to them, and go through this process (which is like pulling teeth) yourself.
 
Q. Can you recommend a few notaries who are experts in the Apostille Process?
A.  Yes, below there is list of notaries in various locations who know the process well.
 

San Diego, CA — Joe Ewing

 
Los Angeles, CA — Carmen Towles
 
San Francisco, CA — Glenn Turner


Sergio Musetti — Cotati, CA

 
New York City, NY — Linda Harrison
 

Oradell, NJ — Linda Harrison

 
What is an Authentication?
This certificate accompanies an Apostille.  The Authentication verifies the notary’s official seal and their signature on a notarized certificate section on a document.
 
When do I need an Authentication?
This is a tricky question.  Please contact your local County Clerk’s office, and they will give you a professional answer.

You might also like:

Apostille general information
http://blog.123notary.com/?p=21419

Using the correct notary certificate for an Apostille
http://blog.123notary.com/?p=19902

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November 22, 2011

Make your own notary certificate forms!

All the right words in all the right places
 
Many notaries call us and can’t find good notary forms.  We say, “You’ve been lookin’ for forms in all the wrong places, lookin for supplies in too many faces, searching the internet and looking for traces….”.  Honestly, we send many people to the NNA.  They make / sell excellent notary forms, supplies, journals, acknowledgment pads, jurat pads, bonds, etc.  But, what about the obvious alternative?  Forms are expensive, and acknowledgment pads and jurat pads are space consuming in your little notary bag, right?
 
Make your own
It’s not hard to typeset an acknowledgment form or Jurat form on your computer.  Just put your state notary verbiage or notary wording in the correct order, a venue, a place to sign and seal, or whatever your state requires.  You can photocopy this very cheaply at Kinko’s or wherever.  Make as many as you want.  Copying someone else’s copyrighted form is not legal, and not worth it.  You can’t copyright notary verbiage, and that works to your advantage!

There are other advantages in creating your own Acknowledgment Pads / Jurat Pads / Notary forms with your state notary verbiage too.
 
Branding?
If you create your own notary forms, and make them attractive, you can also put your notary company information and phone number at the bottom.  This is very smart branding.  Then, whenever anyone looks at how beautiful your notary forms are, they will think of you and call you too.  You could even put a company logo at the bottom of the form under the notary verbiage.   Times are tight these days, so you need every edge you can get, and this is not that much work to coordinate.

 How much can you save?
Notary pads of professionally made forms can cost you $9 per notary pad more or less, plus tax and shipping.  It adds up.  If you buy in bulk, then you might get a slightly better price.  There are generally 100 certificates per pad.  How much would it cost to have 100 pieces of paper copied at a discount printing place?  If you did 500, you might be able to get away paying $10-15.  Or just print them out on your laser printer, and print as many as you need, and when you need it.
 
Other forms?
I had a detailed permission to travel form for minors traveling with accompanying adults.  It was easier to do it with a form instead of writing it out for people each time. There is so much content that goes on that form.  BTW, in Florida, notaries should not offer to write documents.  The name of the child, who their parents are, who they are traveling with, when they were going, where they were going, and when they were coming back. I had signature lines for everyone and little places for thumbprints.  The feedback was that the security at the airport appreciated the thoroughness of the forms and my embosser’s impression.  Very professional!  They were probably used to handwritten confused looking letters and sick of it!
 
Designs?
If you have a good designer, you can add designs to the paperwork.  This is for full-time mobile notaries only.  It can get expensive using designers, but you will make a great impression if you have great stationary!  Think of your Jurat pad as a stack of resumes!

Tweets:
(1) You can purchase notary forms from the NNA, but if you make your own you can put your biz name & Phone #.
(2) If you make your own certificate forms, you can put your business name & phone number at the bottom!
(3) I used to make my own permission to travel for minors form with blanks for dates, names & thumbprints!

You might also like:

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Everything you need to know about notary journals

Notary Acknowledgment Information

The signing from hell

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November 19, 2011

How do I fill out a Notary Journal Entry?

How do I fill out a journal entry?
 
Please keep in mind that rules and standards for notary procedures can vary from state to state across the United States.  As a general rule, there are certain areas of confusion that we want to make it a point to clarify.
 
Q. Do I need to have a separate journal entry for each signature that I notarize
A. Yes!  Imagine that you are notarizing signatures on a set of loan documents.  Let’s say that there are four documents to be notarized and both husband and wife need to sign each one — you have eight notarized signatures and eight journal entries. 
One journal entry per notarized signature.
 
Q. Does each journal entry need to be signed?
A. Yes!  The individual whose signature you are notarizing needs to sign the corresponding journal entry.
 
Q.  What about thumbprints? Do I need to take a thumbprint?
A.  Sometimes!  For Deeds and Power of Attorney documents in California, you must take a thumbprint.  For other states, there are different standards, but it is always better to have a journal thumbprint just so you can be 100% sure of the signers identity.  ID’s can be forged, but thumbprints of a live person in front of you can not be forged!
 
Q.  What goes in a notary journal entry?
Date &Time,
Type of notarization (i.e. acknowledgment, jurat, oath, affirmation, protest, etc.)
Name of the document being notarized (i.e. affidavit, deed of trust, occupancy affidavit, etc.)
Document date (documents don’t always have a document date, but if you have 20 documents called “affidavit”, you need to distinguish them somehow and a date might help)
Name and address of signer
Identification of signer
Additional notes
Signature of the signer
Thumbprint of the signer (optional in many states)
 
Q.  What if I’m doing a signing that starts at 11:55pm and ends at 12:05am the next day, what date do I use?
A.  You can use either day, but I would date the notary act at the exact time that the signer signs your journal since that is a definitive POINT in time, rather than a range of time.  Some notary acts allow the signer to sign the document BEFORE they see the notary making the document signing a poor choice for a definitive point in time to date the transaction.
 
Q.  Can I make recommendations for what type of notarizations the signers should get since I know more than them?
A.  No! That is considered giving legal advice  (unauthorized practice of law) in many states. Let them choose on their own, although you can tell them what is “normal” as well as explaining the characteristics of each type of notary act in your state.
 
Q. What if many documents I am notarizing all have the same name?
A. It is good to distinguish documents by other characteristics. If you have 20 Grant Deeds to be notarized by the same signer on the same day, you can note the property addresses indicated on the Grant Deed to distinguish which document you were really notarizing. Otherwise, if you ever go to court, you will not be able to tell the judge if you notarized a particular Grant Deed for that particular signer. Imagine what would happen if he did a 21st Grant Deed after you left and forged your seal on the certificate section and claimed that you notarized it.  If your journal doesn’t describe EXACTLY which documents were notarized, you can get duped by a sophisticated fraud!
 
Q.  Name and address of signer, do I have to write this for each entry?
A.  You can write the name and address of a particular signer, and then draw an arrow down for all documents with that person’s signature being notarized. Each document gets it’s own journal entry per signer.  If you have Joe signing four documents and Sally signing four documents, make sure the journal entries for Joe are all sequential so that they will be consecutive and all in the same place.  Then below those entries you can write Sally’s name and address and a separate entry for all of her documents that she is signing.  Example: Lets say your journal page has eight entries.  Entry 1, 2, 3, and 4 would be for Joe. Joes name and address would be on the first entry along with a particular document name and other information.  For entry 2, 3, and 4, you would see different document names, and an arrow indicating that the signer was still Joe and that his information was the same.  Journal entries 5, 6, 7, 8 would be for Sally and her information would go on entry 5 along with a particular document’s name, and then 6, 7, 8 would have document names and an arrow in the name/address field to indicate that it is still Sally who is the signer.  Make sure Joe signs all four of his entries, and that Sally signs for all four of her entries, otherwise you get in trouble if audited.
 
Q.  How do I identify a signer?
A. Rules are different from state to state.  Some states allow a notary to personally know a signer to constitute being positively identified.  Others allow credible witnesses.  All states allow a signer to be identified through the use of current identity documents such as drivers licenses, passports, state identification cards, etc.  The documents (cards) must have a photo, signature, physical description, name, address, expiration date, and serial number to be acceptable.  Some states allow a card to be used for a grace period after it expires.  If your state allows the card to be used five years after it’s issue date, then you need to be able to read the code on the card to figure out when it was issued.
 
Q. Additional notes — what is that for?
A.  If you use credible witnesses, you document their signatures and other information in the additional notes section.  If you want to document unusual situations, or unusual characteristics of the signers, that is the place to put it.  If you are ever called to court, the information in your journal is the ONLY way you will remember the signing in many cases, especially if you do four signings per day over a course of 12 years.  Example: “The male signer Joe looked like a walrus.Sally had a squeeky voice and seemed nervous.”
 
Q.  Signature area – who signs in the signature area?
A.  The signer of a particular document signs in the signature area (not the notary).  Only one signature per journal entry.  If two people are signing the same document, just create a new journal entry for the second signer with the same document name.  This is not rocket science!
 
Q.  Thumbprint area – do I need to have a thumbprint?
A.  Please educate you on your state law. Some states require thumbprints for particular documents and others don’t.  It is better to have a thumbprint just in case you are called into court.  Your court case might be faster (or not happen at all) if you have proof of the identity of the signer such as a thumbprint.

You might also like:

Index of posts about journals
http://blog.123notary.com/?p=20272

Rude Notaries!

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November 18, 2011

Notarizing multi-page documents

Issues with Notarizing Multipage Documents / Documents with multiple pages
 
Most notaries can barely function doing the simplest of simple notary jobs.  When confronted with anything harder than doing a simple Acknowledgment or Jurat signing where the signer has acceptable identification and can easily sign — will throw most notaries off guard. There are many situations where you need credible witnesses, subscribing witnesses, have a power of attorney signing, attorney in fact signing, or other issue which can become a snag to many notaries.  Multi-page documents (documents with multiple pages) seem easy to notarize, but are they really? There are issues, but is the notary you erroneously hired aware of these issues?
 
Page swapping after the fact
Most notaries think they are there to notarize signatures on documents, and that is it.  The bigger function of a notary is fraud deterance, and to identify the signer.  If a notary does the minimum of what their job description requires, they might be acting within the law, but are they really being helpful to their clients, or to society as a whole?  If a notary notarizes a ten page document or multiple page document, and the document custodian (whomever is in charge of the document after it is signed) decides that page four needs to be edited, then what? 
 
In some circumstances a corrupted signer or document custodian will substitute page four with a newly written page four.  He/she/they will unstaple the document, hopefully as cleanly as possible, remove page four, and add another very similar looking page four, and hope nobody notices.  If there are two signers to the document and both have a copy, then there is evidence of tampering, but what if you don’t have copies, or you lost your copies.  There is no way to prove that the document was tampered with other than the faulty looking stapling job which would make any judge say, “hmmmm” and raise his eyebrows (judges often have bushy eyebrows by the way).  
 
Should you have the notary come back?
One signer asked me to kindly give them a new notary certificate for the new page they were adding to an already notarized document. I told them that documents are notarized as a whole and that if you change even one word, that the whole thing needs to be re-notarized.  They didn’t like that since they had already paid a travel fee. I made them redraw the signature page too, since I wanted fresh signatures which reflected the fact that they were signing in agreement to the whole document.  All of my prudent behavior aroused tremendous resistance, “oh come on’s”, and other complaining. The law is the law.  If you want to screw around, you shouldn’t be hiring a notary in the first place, right?  So, I made them start all over again with a complete redraw despite their complaining, and we notarized everything, and it was kosher.
 
Safeguards against fraud
In the case of multipage documents, the most effective way to safeguard against fraud (page-switching) is to emboss all pages of every document notarize.  If someone protests your embossing, tell them that you don’t have TIME to go to court after they do something fraudulent with their document, therefor, you take precautions against any tampering by embossing every page.  It is hard to forge an embosser, and hard to use it in the same way a notary uses it.  It might be easy to spot a false notarization which is important to get you out of court fast.  Imagine how many hundreds you would lose every day you were hijacked by a court case!
 
Initialing changes?
Initialing is a technology that I don’t like much.  If someone adds a new page to a multipage document, the initials “prove” that all signers agree to it, and safeguard against page-switching after the fact.  But, initials lack the same characteristics as a well established signature.  People don’t initial that much, and it is easy to forge them without detection. I think that initialing is better than nothing, but a poor safeguard against fraud.  I feel that if a signer gives a thumbprint on all pages of a document, that is much harder to forge.  I see no harm in signing all pages of a document. That is better than initialing since a signature is usually consistant (more or less) each time you sign.  Initials might not be, and it is yet another mark with it’s own characteristics.
 
Notarizing multiple pages without initials?
Not all multiple page documents require initials.  It is up to the company who drew the documents if they want initials or not. There is no law requiring that documents have initials, but Deeds of Trusts and Mortgages normally have places for the borrowers to initial at the bottom of all pages.
 
Forging initials
It is common for Title companies to forge someone’s initials on Deeds if the signer forgets to initial.  Forged initials on date changes are common as well.  Illegally forging someone’s initials on a name change happens all the time.  It is very hard to know for sure if an initial is forged, but the people who illegally forge signatures, are usually overworked clerks in large companies who have very little time — and they are sloppy how they forge initials. The forged initials don’t look at all like the real ones.  These workers need to know that they might have to go to jail for a crime like forgery, so they should refuse to do it!

You might also like:

Signing agent best practices
http://blog.123notary.com/?p=4315

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Fraud and Forgery related to the notary profession
http://blog.123notary.com/?p=2294

Loan signing process and pitfalls
http://blog.123notary.com/?p=2780

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November 15, 2011

Where Can I find a Chinese Speaking Notary?

Where can I find a Chinese speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time.  Where can I find Roger Smith, he is a notary in Louisiana?  He notarized a document for me a year ago, and now I can’t find him.  I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state.  I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question.  I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get.  The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard. 
 
Where can I find a Chinese speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Chinese Speaking notaries, however, they are all spread out, and there are dialects too.  Someone who knows Min-Nan-Yu only might not be fluent in Hakka for example.  These are Southern dialects from Guang-Dong and Southern Fu-Jian by the way.  The more common dialects are Mandarin, Cantonese, and Taiwanese in American metros.  You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site.  You can do a search by zip code and then use the language filter on the upper right side of the page.  Try inputting the term Cantonese, and then try Chinese as a second search. See what happens.  I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well. 
 
If you can’t find a Chinese speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary.  You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Chinese speaking notaries, but they might not advertise much as their business might come from word of mouth or (peng-you tui-jian gao-su peng-you) as the case might be.
 
It is common for Chinese people who function mainly in Chinese to pick service providers who also speak their language.  However, this might not be a good idea.  If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice!  “Zhu ni hao yun!”.

You might also like:

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

Can you notarize a signature in Chinese or another alphabet?
http://blog.123notary.com/?p=18784

Power of attorney signings

Can a notary witness a will or notarize one?

Notary procedure for Affidavit of Support Documents

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November 14, 2011

Power of Attorney Signings

Power of Attorney Notary Signings
 
It is common for notaries to get a job notarizing a signature of a grantor on a power of attorney document.  It is also common for a signer who is the attorney in fact to sign documents in their official capacity as an attorney in fact.  The problems is that most notaries haven’t a clue how to handle this type of common, yet critical situation. 
 
Types of powers of attorneys
First of all, as a notary public, you are not required to understand the contents of the document.  For an acknowledged signature, the signer should be named in the document and should sign it.  Other than that, you just need to be sure the signer understands the document, and you shouldn’t have any indication that the document is fraudulent (how would you know anyway?).  Their are banking powers of attorney, durable powers of attorney, health care powers of attorney, and living trusts which are a sort of power of attorney. There are other types too, but these are the most common ones.
 
What does a notary need to know about powers of attorney?
You need to know who a grantor and grantee is.  You need to know who an attorney in fact is (= the grantee).  You need to know how the attorney in fact signs a document.  You need to know that California notaries must take journal thumbprints when notarizing signatures on powers of attorney.
 
 
Is the form I am using acceptable?
Notaries may NOT recommend particular power of attorney forms, nor should they assist in filling them out.  The notary should look for blanks, and refuse to notarize if there are any blanks in the document.  It is not a crime for a notary to have blank standardized power of attorney forms in their briefcase, so long as they make it clear that they are not giving legal advice and not recommending the use of those forms.  You might tell the client that they should check with the document custodian (whomever they are submitting the documents to), to see what type of paperwork they will accept.  What is legal, and what is acceptable to the recipient are often two different things.
 
Banking power of attorney
Most banks have their own power of attorney form which is on card stock and leaves about half an inch to squeeze your two and a half inch wide notary seal (how educated of them!).  If asked to notarize a banking power of attorney, just do what the client asks within the limits of the law, but for your knowledge, you should be aware that the bank may not accept a power of attorney that they didn’t draft and that the client might be advised to check with the bank before doing any business with a notary public. 
 
How does an attorney in fact sign?
The person who has been granted special powers from a power of attorney is the grantee or attorney in fact.  They can sign in two ways that I am aware of.  If the grantor is John Doe, and the attorney in fact is Sally Smith, here is how Sally signs on behalf of John.
(1)  John Doe, by Sally Smith, his attorney in fact
(2) Sally Smith, as attorney in fact for John Doe
 
Power of attorney documents at a loan signing
Whether or not the loan will be accepted is hard to say.  However, many lenders will require a copy of the power of attorney to accompany the documents. 
 
Acknowledgment Forms
Some acknowledgment forms allow the notary to identify the capacity of the signer.  One of the standard check boxes on an acknowledgment certificate form is for attorney in fact, and other corporate offices are sometimes mentioned as well.

You might also like:

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

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

Notarizing Documents for the Elderly
http://blog.123notary.com/?p=3334

Notarized Affidavits Information
http://blog.123notary.com/?p=1963

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

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November 13, 2011

Can a notary witness a will or notarize one?

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
You might also like:
 
Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

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November 10, 2011

Notary Procedure for Affidavit of Support Documents

Affidavit of Support and the Notary Procedure
 
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration.  However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public.  The Affidavit of Support is the most commonly notarized immigration document.  Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
 
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document.  Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat.  This requires a quick oath to be given to the signer by the notary public.  The oath only takes half a minute.  The notary would need to check the identification of the signer (this applies to most states).  The notary public would record the identification document’s information in their journal (most states require a journal). 
 
Identification
The ID could be a current drivers license, passport, state ID card.  The ID should be a current government issued photo ID with a physical description and signature.  Green cards are typically not allowed as identification to be notarized.  Foreign driver’s licenses are generally okay, and passports are acceptable.  Make sure to check with the notary you are going to use to see if your choice of identification will be okay.  Make sure your identification is not expired.  Some notaries will allow the use of credible witnesses as well.
 
The Oath
Have you ever sworn under oath before?  Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too.  They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”.  Just don’t mumble when being given the oath.  Speak clearly please.
 
No English? 
If the signer doesn’t speak English, most states do NOT allow the use of a translator.  The signer must be able to speak directly with the notary public.  So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
 
Immigration Advice
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice.  Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
 
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu.  Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages.  If you want to find a notary office, try your local UPS store. They can be found on google.

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You might also like:

2016 version – Affidavit of Support
http://blog.123notary.com/?p=17528

Affidavit of support and direct communication with the signer
http://blog.123notary.com/?p=7084

Modern Family – An Affidavit of Citizenship & Affidavit of Domicile
http://blog.123notary.com/?p=10989

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October 22, 2011

Can a notary be a witness?

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Q&A for notary witness questions

Many people come to our blog to learn more about witness rules and credible witness requirements in various states.   We can not speak for all 50 states, but we will try to provide some good leads that can help you get your questions answered.
This blog entry will serve as a quick Q&A for some of the more common nationwide and state-specific notary witness questions.

 
How many credible witnesses are necessary?
Roughly 90% of states allow credible witnesses.  Please read:  http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  This forum post to learn the credible witness requirements for your state.  In California and Florida, if the notary knows the witness, then only one is necessary.  However if the notary does not know the credible identifying witness, then two would be necessary. In either case, the credible witness must provide identification, and swear under oath to the identify of the signer. In many cases, the credible identifying witness only knows the signer by some informal name and knows them as a neighbor or co-worker on a very informal basis.

Can a notary act as a witness?  Can a notary be a witness?
Unless your state law indicates otherwise, then yes, a notary can act as a witness. Please keep in mind that certain notary acts require the notary to witness the signature of the signer (jurats), while other notary acts do not (such as acknowledgements).  A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. It is an official notary act to be a witness in Delaware and Washington State as well.  It is common for people to ask a notary to witness signatures, since notaries are trusted state officials who would be a good impartial and responsible witness.
 
How to notarize a document when you have credible witnesses?
The credible witness(es) must sign the notary journal (rules vary state by state), and must produce identification as well.  The credible identifying witnesses must swear under oath as to the identity of the document signer.The credible witnesses do not actually sign any documents, they just sign the journal and help to identify the signers.

 Can a notary notarize with no ID and 2 credible witnesses?
Yes, if the notarization takes place in California, Missouri, Florida, Georgia, or Tennessee.
 
Nevada credible witnesses – is there a special form?
Nevada requires a special acknowledgment form for credible witnesses.
 
Can a notary be a witness to a Will?  Can a notary witness a Will?
Yes, a notary can be a witness to a will.  Some states allow witnessing as an official notary act as well. If it is not an official act, then the notary can charge any fee they like to serve as a witness.  Please keep in mind that notaries are discouraged from notarizing signatures on Wills without written instructions from an attorney.
 
Can a notary sign as a witness in Maryland? Can a notary be a witness in Maryland?
A notary can sign as a witness in Maryland, but it is not an official notary act in that state. 
 
Can a notary sign as a witness in Utah? Can a notary be a witness in Utah?
Yes, a notary can be a witness in Utah.
 
Can a notary be a witness in Texas?
Yes, a notary can be a witness in Texas.
 
Can a notary be a witness in New Jersey?
Yes, a notary can be a witness in New Jersey.
 
Can a notary be a witness in Pennsylvania?
Yes, a notary can be a witness in Pennsylvania, although it is not an official notary act.
 
What are credible witness statutes?
Credible witness statutes and rules vary from state to state. We have a forum post that covers many states rules about how many credible witnesses you need.
 
Doesn’t a notary have to witness you signing in person?
This depends on the type of notary act.  For Jurats — yes… for Acknowledgments — no.  In either case, the signer must sign the notary journal or notary record book if that is required in your state.
 
If you live on the border of 2 states, are you permitted to witness signings in both states?
Since witnessing is not an official notary act except in Delaware and in New Hampshire (as far as we know), a notary can be a witness anywhere, in any state or country.
 
Can a notary charge for a witness signature?  Can a notary charge to be a witness?
Since this activity is not an official notary act except in Delaware, the notary can charge whatever the client will agree to pay.  No state government regulates how much a witness can charge.

Can I be a notary and a witness?
Sure!
 
What is a notary credible witness acknowledgment?
To the best of our knowledge, only Nevada requires a special acknolwedgment for credible witnesses.  However, credible witnesses may be used in most states to identify a signer for an acknolwedged signature.
 
What is a subscribing witness?
A subscribing witness could be someone who witnesses a principal sign in a proof of execution — OR, it could be a person who witnesses an elderly person do a signature by X signing.

You might also like:

Power of Attorney information

Can a notary witness a will or notarize one?

California Credible Witness Requirements

Oath of two credible witnesses

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September 20, 2011

Notary is pushed off stairs by borrower!

Well, I thought I had heard it all.  I hear a lot of wonderful, interesting tales here at 123 from our members. Some are entertaining and funny while others are very sad and depressing. This, unfortunately is one of these stories and unfortunately it is the worst to date. It is nothing short of horrendous and shameful. Although I have her permission to tell her story, I promised her I would not reveal her or the area she lives in. So, here we go…

This particular notary public who is female took a signing from a signing company, she confirmed her appointment, prepared her docs and met her borrower at the the specified time. As she went through the documents, he saw that his interest rate was 1/2 percent more than he had been told. He then became enraged. He requested (using vulgarity) that she leave his home immediately. She packed up her things up and prepared to leave the premises.  As she proceeded to the door the  borrower followed, continuing to rant and rave using foul language incessantly. He was VERY angry with this 1/2 of a percent increase that nobody had bothered to inform him of (sadly, a  story we all are familiar with and have heard many times)  and, to top it to make matters even worse off, the loan officer had not been in contact with him and had been unreachable for several days.

So, as she walked out of the door onto his front porch. There were 4 steps to go down to the walkway that would lead to her car… But, before she could take that first step — with the force of both of his hands on her shoulders he pushed her down and off the porch. She went flying off the porch, and by the grace of God she somehow pivoted her body onto the grass instead of his cemented walkway  that was directly in front of her but unfortunately in trying to break her fall she broke her left wrist. In disbelief and shock she just laid there. The borrower went back into the house and shut and locked his door.  However, fortunately for her, the borrower’s neighbor who was mowing his lawn at the time witnessed the whole thing. He called out to his wife to call the police and the paramedics and he came to her aid and sat with her until they arrived. (A knight in shining armor). The paramedics attended to her and after the police got the story from both the notary and the neighbor one of the officers went to the door of the borrower , rang the bell and the borrower did not answer. At that point the officer yelled out to him to open the door or else. He did eventually open the door, and then was immediately  handcuffed and  placed under arrest and was put in the back of the police car.

Now folks get this — as the paramedics worked on our notary public to prepare her for the trip to the hospital and the police filled out their report the borrower (hand cuffed in the back seat of the police car) was still ranting  and raving non stop with vulgarities that they (the police and paramedics) needed to get this you know what off his grass and property. One of the police officers obviously fed up with this behavior as well as the noise went over to the borrower and told him that he needed to shut up and slammed the car door. He then asked the neighbor if this  behavior was characteristic  of this man. The neighbor and the wife just looked at each other and nodded yes… I just cant believe this man and his behavior, I am still in awe of all of it.

The paramedics said that if she had fallen  onto the concrete instead of the grass she would have broken both wrists and god knows what else in the process. All things  considered she was lucky-it could have been way worse.

She ended up staying in the hospital of 4-5 days instead of the day and half  she was originally told due to an infection she developed in her wrist.

Now it is 1 month later and she is finally back to work. She is healing well I asked her how she felt about her career now (she is a full time  signing agent) and if she felt like giving it up…and she said no way. She says she loves her job and knew this was just something that happened. Kudos to her! She and DA have filed charges and he has 3 counts against him and there will be a civil suit as well. I hope he gets ALL that is coming to him….I say throw the book at him.

Now, of course the signing service that gave her the assignment wants to know why the loan wasn’t closed. Well get this; When she called in to tell them  what had happened from the hospital — the person on the other end of the line laughed and said “you could have come up with a better excuse than that”. So, in order to clear her name she had to send in the police report, hospital records etc….( and yes she did manage to call the day of the signing)

So, all of this leaves me with a few thoughts. I really feel that this could have been avoided if the loan officer had done his job. This is so often the case where the loan officer knows exactly what the numbers are way ahead of time but avoids sharing this information with the borrowers and we go out at the final hour when they know these borrowers are desperate and for the most part are stuck and cant turn back now, and they regrettably just sign. And we get stuck in middle — and in this case — pushed down a flight of stairs. Now some of you will disagree and put up a fuss but this is why when I call and confirm with the borrowers I ask them has the loan officer been in touch and have they gone over the figures with them. If the answer is yes then I ask them what are the numbers supposed to be. This way if the number con-inside with what I see, we are good. If not, I can alert the hiring party that we have a problem before I waste the borrowers time or MINE.  I can avoid problems at the table-situations like the one I just described to you here. (aLthough it is rare and the first time I have heard such of a thing happing it is now a reality that it is possible). This technique does not always work but it is sure worth a try. And it might save you some trouble. I have been doing it for years. Now I know some of you will chew my head off about this technique of mine but this is my business and I run it as I see fit-just as you will run yours as you see fit. But, remember this is for the most part why are economy is shot…to many lies and games being played in the refinance word, and we are usually abandoned and stuck in the middle.

Now, most of you know I preach about your worth and the fees that you charge — this story just reinforces my feeling that you need to be paid what you are worth. I know this is an extreme case but we stick out necks out every time we take an assignment. We NEVER know where our notary public assignments will take us or what we will have to deal with when we get there. We deal with bad attitudes, late documents, traffic, bad neighborhoods, filthy homes, terrible smells, pets, incompetence, etc., and sometimes bad people. So my point is you need to be paid what you are worth. If you continue accepting these low fees that they are offering nowadays not only do you hurt yourself you hurt all of us: the notary community as a whole…..Now in this case a higher fee would not have stopped his unthinkable behavior but I feel that because we deal with so much adversity in this business we need to have our pay more in line with our efforts and the things that we are subjected too. For me, without fair compensation this profession is just not worth the effort or trouble.

Until next time!! BE SAFE!!

Written by Carmen Towles

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Part 2 of Notary is pushed of stairs – the sequel!

Power of Attorney at a nursing home

Why notaries don’t last

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