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May 31, 2016

Changed! Form 4506 Request for Copy of Tax Return

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (shares),Popular on Facebook (some),Popular on Linked In — Tags: , — admin @ 9:43 pm

Changed! Form 4506 Request for Copy of Tax Return
Also changed is the similar Form 4506-T. Both forms being reviewed are September 2015 (look in upper left hand corner). The big change is the addition of a Mandatory check box next to the signature area. The signer must check box to attest to having authority to sign either form. “The form will not be processed and returned to you if the box is unchecked”. So, heads up about this – make sure they check the box when they sign. As we are there to make sure forms are completed correctly – take a few minutes and read the instruction page.

Most of the time the package will include Form 4506, but, perhaps not. The 4506 now has a fifty dollar fee per year requested, in addition to the above mentioned check box. There is another new option for the 4506. It’s a check box (at the extreme right) “If the copies must be certified for court or administrative proceedings”. That is probably necessary if the document is to receive an Apostille, but not sure. Either spouse may sign the form, or both may sign – I usually try for both.

Form 4506-T is quite different, rather than requesting a “copy” of the actual return; it requests a “Transcript” of the entries made on the return. This one is processed free. Oddly the contents of the 4506-T are specified on the 4506. At the top of the 4506 it states “The transcript provides most of the line entries from the original tax return and usually contains the information that a third party (such as a mortgage company) requires”.

Form 4506-T contains several options (again with check boxes on the right hand edge). Line 5 (where to send it) probably should be completed with the address of title or similar; otherwise the info is sent to the taxpayer. Prior to the check boxes the choice of which form must be entered – most would probably enter 1040. Then it’s on to selecting what type of transcript is required. It’s all on the form, so I’m not covering options 6-a to 6-c. Line 7 is interesting – here you request from the IRS proof that you did NOT file a return for tax year(s). Line 9 is where the tax years requested are specified.

The attestations of authority checkbox and signature areas are basically the same on both forms.
So, with the 50$ fee for the complete copy; many are likely to move to the 4506-T, processed at no charge. Thus, it would be wise to print them both each has only one page of instructions. Read the instructions carefully and understand the difference between the two. It’s unlikely that the borrower will know what options are required on the 4506-T. It’s best when you see it to review your instructions for what options are wanted. If no information is given, call for details. It appears that 6-c and option 8 provides the most complete information.

Fortunately, neither form requires notarization, yet? What sets us apart from the “bank notary” is our dedication to keeping up with changing requirements and understanding the need to have forms completed properly. Make sure that line 5 (shipping address) is not overlooked. And, if you have a 4506-T to work with, know what entries are required – don’t guess. And don’t rely on “them” to pre-enter the necessary information. Get it right the first time and be the one they call regularly.

.

You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

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May 24, 2016

Disgusting – Nobody wanted the Notary Job

Filed under: Ken Edelstein,Popular on Facebook (A little),Popular on Twitter — Tags: , , , — admin @ 9:41 pm

Disgusting – Nobody wanted the Notary Job
I write this with a combination of sadness and rage. First, let me clear up the use of the word disgusting. That refers to the “so called” “Notaries” who flat out refused the assignment that will be the topic of this entry. I hope some of them will read this blog entry and, perhaps, change their ways.

The call was from a distant location, one that would require double my local fee. Initially, prior to learning the details, I informed the caller about 123notary and Notary Rotary. I suggested they search using their zip code to find a closer agent who could process their job more efficiently and at a lower fee. About an hour later they call back to report that none of the “Notaries” they contacted would accept the assignment. Intrigued, I asked why.

The job entailed 4 one page documents, and a 12 page document. All were to be notarized. So far, routine. However the affiant was both blind and partially disabled. The affiant had already had the documents read aloud, and was totally able to understand the contents. They related to investments. Not wanting to work for someone who has perfect ID and is rational (actually highly intelligent) is, IMHO a notary sin. The MINOR limitations could be accommodated and the notarizations could proceed quite legally.

I established some “ground rules” to protect the affiant. While I was in route to the location the documents were to be read aloud – slowly. Every word. I was informed he could sign if the arm was supported – the affiant was able to use his hand to sign. Each document contained a statement by the “reader” as to reading the complete text aloud. I required that this take place prior to my arrival, and again in my presence. That process added an hour, of course at no additional charge. The appointment was confirmed and I began the lengthy journey.

I met a person who awed me. Not being the least bit negative as to physical condition. Cheerful, bright and witty were the initial impressions. Only later did I learn the depth of intelligence. My client was an investing genius. What Stephen Hawking is to science, my client was to investing. I felt an inner glow when my client told me that my fee for travel was fair; and it was understood that the extra time the procedure took was not part of the fee. How kind it was to hear that spoken.

I was told that the documents were already completely understood; and that my insistence at being present for an additional reading was both appreciated and unnecessary. I’m passably intelligent, but I know enough to appreciate the vastly superior intellect before me. With the formalities completed, double and triple checked; we chatted a few minutes. We discussed the notary function, and I was able to cover some of the regulations and procedures mandated by NY State law. The conversation turned to investing and market trends related to the upcoming (2016) elections. I learned a lot.

To the heartless, self centered, poor excuse for a “Notary” who dismissed this assignment; I say “shame on you”. Not only did you miss an EASY job, but you also missed some very useful investing advice that is sure to yield me profits far greater than a mobile notary fee. Back to that fee. I did consider charging my local rate. But, that would be treating this client “differently”, and bringing up the subject might be viewed a pity; something neither needed nor appropriate.

Some might consider my client “handicapped” or think (to themselves) “there but for the grace of God go I”. I prefer to think it’s a routine assignment, costly due to distance, lengthy because we are all different; and important because we are all human.

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The joy of saying no
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Protecting yourself with a contract
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Minimum wage for notaries
http://blog.123notary.com/?s=minimum+wage

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May 3, 2016

How to Chase Away Clients

Filed under: Ken Edelstein — Tags: , , — admin @ 3:01 am

How to Chase Away Clients
Through the years, by accident, inattention or just plain stupidity – I have chased away some clients. We all have. Miztakes are a normal part of the human existence. Show me someone who claims to never make mistakes; I will show you a delusional individual. Probably the most offensive mistakes are those resulting in a lack of judgment. The perpetrator knows what they are doing – it’s just that their “bright idea” is offensive to the recipient of their “wisdom”.

I will start out with the antics of a foolish notary that I personally know. And, know enough to avoid that one both personally and in business efforts. This klutz had the understanding that doctors often need notaries (true enough) to process their statements as to the health of a patient. Typically required for adoptions, this process is routine. Thus, the mentally inept one starts properly enough; by defining a market that has a recurring need. That’s good thinking make no mistake about this: fools can think clearly – they just draw the wrong action conclusions.

With the idea of filling the rather restricted cranial cavity, the notary proceeds to develop some advertising. Self praise is piled high, claims to be anywhere in moments, having the lowest fees in town and other nonsense that rambles on and on. What started out as a one page “flyer” morphs into a densely worded manifesto; with an astonishing 5 page length! With the masterpiece ready, self absorption and a lack of respect for others kicks in mightily.

Having the usual unlimited local calling plan, this proceeds to FAX the five pages of rubbish to every doctor, hospital, and clinic within 20 miles! Not bothering to keep records, it is sent multiple times (due to the way they listed their business) to an unfortunate, but now highly vocal few. Of course the ones who received it only once are also outraged. For the next few days the most common phrase in the medical community is “I got the same junk too”. Blacklisted!

The notary did what was thought to be good for the notary. Totally lacking was any consideration for the recipient. The notary quickly became very well known, but in a very negative way. That notary’s notoriety will last forever, possibly extending beyond medical. Mouse brain would have been better off mailing a pencil with an ad. That probably would not be very effective, but it would not create flaming animosity.

Yesterday, I visited, as requested one of my regulars. The location is about 5 minutes away. The owner immediately told me he forgot to reschedule; as the document had not arrived. It was due to arrive today. He told me that today, my second visit, my fee would be double; to pay for my efforts yesterday. I asked for, and received 1.5 of my regular fee; cutting the prior day in half. He asked why I was not accepting 2X my fee. Because it feels right, was my reply.

It’s easy to lose a client and hard to acquire one. That’s a Marketing 101 truism. To chase them away simply put yourself on their side of the transaction. Would you be happy or sad? Picture the humble = symbol. Is the deal = in benefit for both sides? Only a win win arrangement will result in repeat business. Some strive for >= (greater than equal), good for you; not so good for them. Charging $1000 for a 3AM emergency notarization might get the cash; to be followed by a lawsuit for price gouging. Follow your head and your heart, not just your wallet.

.

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You lose $37.50 each signing you don’t answer the phone
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April 26, 2016

The Signature Name Affidavit

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (A little),Popular on Linked In — Tags: , , — admin @ 2:59 am

The Signature/Name Affidavit
It is most likely that you are not processing this simple form properly. First, the good news; of all the forms in various loan packages this one is probably one of the most uniform. There really is little variation in how this form is structured. I will get to where most “go wrong”; but first a bit about the purpose and structure of the SNA.

The package comes from many sources. There are bank docs, title docs, escrow docs and perhaps some from other sources. It’s a virtual certainty that the borrower name will have some slight variation on documents. Of course the key name is the one on the ID and that is the name that you will notarize; we all know that. But, how about the name variations present in the package? This form is used to state, under oath, that the affiant is “also” known as. It’s a one way form. It can only be used to add variations to the notarized name as proven. It cannot be used to “prove”, for notarization purposes a name that does not match the ID presented.

The first entry is the legal name, which I define as what is on the ID. Thus, if the middle name is on that line it must be on the ID. If, for example the middle name is NOT on the ID, it should be redacted from the top line (proven name only) and that name “demoted” to an “also known as” line in the second area. Yes, the 3 part name is their legal name, BUT – as it was not proven to me I cannot notarize it. If the ID has only the middle initial, that is the “first line” entry. They can “acquire” the middle name in full as an “also known as” in a subsequent entry.

All subsequent entries (AKAs) should include variations, including but not limited to maiden names. The most common variations are the inclusion and omission of middle initials. One approach to completing the form is to keep it on the table while processing other documents. Add to the AKA section each name variation as noticed. Ask the borrower to print and sign the AKA in parallel to processing the bulk of the package. The printed name on the left will have the variation; usually the “matching” signature on the right will be the same for each entry.

The SNA can be used in court, along with a handwriting expert; to determine a signature is authentic on a document. As the signatures were witnessed by a notary, they can be accepted as valid when comparing to a different document. For this reason it’s a good practice to N/A any unused AKA lines; so subsequent names / signatures cannot be added; do you do that?

At the start of this entry I said you probably are not processing this properly, now to prove that statement. After the AKAs there is usually a statement “and that (usually filled in with the preprinted AKA(s)) are one and the same person”. However, you probably added one or more names to the AKA entries, and had the borrower sign on the right. What you might be overlooking is the need to ALSO put the added AKAs to the statement at the bottom! Take a look at an AKA form; there is a reason that they left plenty of room. That section is often overlooked!

It’s a signing, not a closing for most of us. We are there to collect signatures and initials. It’s rare for ALL the docs to have precisely the same name; rarer still for that name to be exactly what is on the presented ID. Proper completion of the SNA is mandatory, and avoiding a redraw will mark you as both a hero and a skilled professional. But don’t go overboard; adding your own SNA is probably not a good idea. If you need one and it was not supplied, call for “what to do”!

.

You might also like:

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

The Signature Affidavit – what it is and its purpose!
http://blog.123notary.com/?p=22541

What defines what a signature is?
http://blog.123notary.com/?p=22173

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

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April 19, 2016

Good Deed Bad Deed

Filed under: (4) Documents,Ken Edelstein,Popular on Facebook (A little),Popular on Facebook (shares) — Tags: , , , — admin @ 2:49 am

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

.

You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

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

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April 12, 2016

Handling Aggressive Callers

Filed under: Etiquette,Ken Edelstein — Tags: , — admin @ 2:45 am

Handling Aggressive Callers
Perhaps it’s because I live in New York City. Fortunately, the aggressive caller is really a rare event. But, they do occur and it can be a challenge to handle the call. Some want to transfer their problem to a notary, others have exploitation in mind. The worst, due to upbringing or position are used to having things precisely their own way. As notaries we facilitate, within the bounds of reality and legality, their objectives. But, that does not require us to be manipulated.

Our fees are often a point of contention. Some, used to going to the bank and obtaining free services consider mobile notaries on Sunday to be appropriate replacements. Blithely ignoring the fact that expenses and time are incurred going to them, the often demand free or trivial charges. I have been told that as a “public servant” it is my “duty” to acquiesce to outrageous demands. Well, I for one am not any kind of “servant”. It’s a challenge to communicate with these people, but that is what we must do.

Don’t throw gasoline on the fire! An indignant or hostile response to aggression will only escalate the problem. Professional prize fighters know to deflect a punch, redirecting its energy away from them. In a similar manner providing an alternative (to you) notary service often works. I generally suggest the office of the County Clerk – in NY State they notarize at no charge. Be helpful. Even if you do not want this particular client; you can still provide them with some procedural information. It’s not legal advice to suggest they bring Govt. issued photo ID to some other notary. Being helpful will diminish the other persons rage.

Don’t take the bait to respond in kind. Assume a recording device is in use. Make sure that what you say on the phone is accurate and polite. Many “rabble rousers” will quickly disappear when they realize you are not taking the bait. A calm flat professional tone of voice, devoid of emotion works wonders. I have a standard reply for “semi-insulting” comments. I tell them “thank you for sharing your opinion”. Of course true screaming profanity receives an instant hang up.

I had one nut on a vendetta. That person called me 9 times, insisting that I explain in detail the procedure to process an Apostille. After the third call I started a log. With each subsequent call my only response was that I am logging the date and time and my request to not call again. Also, that I would file a criminal complaint for harassment with the police. Now I have Extreme Call Blocker software on the phone. Duds connect for half a second, and then the call is disconnected.

It’s all about being in control of the call; which of course starts with being in control of yourself. I have found that silence on my part often works well. Eventually they say “are you there”? A response of “I was listening carefully to what you had to say and was waiting for when you would give me an opportunity to respond”, politeness does defeat hostility.

There are many possible reasons that you cannot continue to remain on a hopeless call. Perhaps you have a call from France on hold, or you might be booked for the next few days. Generally, the less you say the better. Sometimes frankness works. One aggressive caller chided me for not having a walk in facility. “You are supposed to”. I responded my revenue would not pay Manhattan rent, it was just economically unfeasible. But, sometimes the “devil” on my shoulder gets the better of me. “The only way I could provide you a walk in facility is if you pay the rent!”

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Unilateral commitments in the Notary profession
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Notary Respect
http://blog.123notary.com/?p=15367

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March 22, 2016

Notary: Get Thumb Relief

Filed under: Ken Edelstein — Tags: , , , — admin @ 11:46 am

Notary: Get Thumb Relief
For the record: I am not a fan of texting. Nor do I find using that same tiny keyboard much good for sending regular email. So, I hunted for solutions to replace the somewhat necessary use of my Galaxy S5 keyboard to type. I added to my toolkit a Jorno external keyboard. Now, with a quick Bluetooth connection I have a real keyboard in front of me. And, it both folds to being “tiny”, complete with a built in cover / stand (to hold the phone to a nice viewing angle). The Jorno (EZ to Google) also charges via USB with an industry standard (not proprietary) charging port. It works for Apple and Android, cost is reasonable, and in a word is “Precision-eered” = it’s just right.

Of course sometimes it’s not worth the effort to connect the Jorno. A quick “Confirmed” to an appointment is best done on the phone’s keyboard. But, sometimes it is necessary to explain that the notarization of the POA bound for France will probably require an Apostille. That is when I stop at a coffee shop, quickly setup the Jorno; and type in my (usually verbose) reply. If I have the option, I usually prefer email to texting, as the record keeping is more robust. And, on that this installment transitions to dealing with texting when at home / office.

I’m sitting in front of my PC, with a nice Logitech cordless full size keyboard in front of me. Mouse is also wireless, lest I snarl myself. Ding Dong, the sound of an incoming text. It was O so frustrating, having to work the phone keyboard, or set up the Jorno. Why was I being limited to those two choices? I wanted to use the big screen and big keyboard to reply to that text.

The solution was MightyText. After adding the FireFox browser support (works with IE too), lo and behold that text message was on my PC’s screen and I could use my big keyboard to respond! It gets better. I usually like to have a printout of the address I am going to. With the “text message” on the PCs screen, any screen print tool gives me the printout to take with me. No longer must I scribble notes or refer to the phone. There are several other nifty features in MightyText. It will also originate (on the PC) a text message, not just reply to one. You can also access the contact list on the phone to initiate calls and send texts. A “pop up” on the PC screen allows you to send text to incoming callers, or “decline the call”?

The ability to send a text to an incoming caller has a useful aspect. Using a “key generator” for a “canned” reply, a “one click” ad can be sent. I send my name, and contact information. This is most appropriate when they wish to contact me at a later date/time. I use Keyboard Express, and have several “macros” stored so it’s just a press of Ctrl/w to send my tag line, name, and contact info, and, of course my web site is formulated to be clickable: http://kenneth-a-edelstein.com

The software programs mentioned above are not free, they have a truly trivial cost; and do NOT flood me with ads. “Free” programs almost always have ads, and worse; consider you, and your email address – as something they can sell. Pay a few bucks and avoid an avalanche of junk mail.

Thus, it is possible to turn an annoying situation around. Not only around, but use the tools to further market your services and provide real convenience to your prospective clients. But, don’t overdo it. Sending your “blurb” to a wrong number is bad form – you would not want someone to do that to you. There are usually solutions to repetitive annoyances. You have only to research the problem and obtain the solution. Rarely are you alone with a technology annoyance!

.

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March 8, 2016

The Ones That Got Away

Filed under: Ken Edelstein — Tags: , — admin @ 5:53 am

The Ones That Got Away
It happens to all of us. We put time and effort into establishing an assignment, then it goes poof. Did we do something wrong? Possibly. If someone is fishing for the absolute lowest price for the “equivalent” of what you do; that may or may not be you. But the amount of your fee is not the central theme of this installment. It is the non-price issues that will be explored. So, assuming your fee is reasonable to the caller; why did that one get away?

Excluding walk in situations; virtually all of our notary assignments are initiated by phone or email. Some contacts are doomed from the start. Case in point: this evening I had a caller that needed two signatures notarized. It was for a “kiddie fly” (what I call the notarized authorization statement often required from parents for children to leave the USA). Both had good ID. One of the parents would be present; the other was far away. The flight was for 6AM tomorrow. “I have the ID of my partner and you can speak to and see them via picture phone”. Not an option in NY, personal appearance is always required. Add a bit of pressure: “Unless you do this the kid’s vacation with the grandparents will be ruined, we can’t reschedule and the tickets are non-refundable”. Nope.

Today I also had a “got away” that greatly pleased me. The request was from a distant county, with high tolls and heavy traffic. I goofed. I quoted a fee too low for the effort, I’m sure that pleased them greatly. The assignment was to go there, notarize, return to Manhattan, process an Apostille; then bring the completed job back to the distant location. Making it worse, the initial meeting time would have me traveling in the worst part of rush hour. The delivery trip would have been almost as bad. The good news: we had a conceptual agreement that would be confirmed with a follow up call with exact specifications. They never called back! Hooray.

Both of the above, thankfully, were resolved in the initial contact. Sometimes there are many, many contacts that also result in nothing. I’m starting to feel like a car salesman with an indecisive buyer. Unchecked this can go to ridiculous extremes. Some go back and forth, asking one at a time of their many questions. During slack times I have gone along with these charades. One actually constituted over twenty emails. It appeared that the contact was “pumping” me for procedural information and wished to do it themselves. I don’t like that, certainly not a bit at a time.

There are also requests from the land of Oz. These are the ones that ask for the notary to have supernatural powers. Can you be in my office within the next ten minutes? How come you don’t have an office; isn’t every notary supposed to have one open till 11PM? Please prepare the necessary documents for my divorce in Latvia, in both English and Latvian. Why would 25 notarizations cost more than one, you are already here? Can you open your office a few hours early, as I am working the early shift? The bank notary does it for nothing, what’s so special about you?

It’s silly to lament “the ones that got away”. Of course there are exceptional circumstances that require empathy and “over the top” professionalism – but they are rare. We should limit our acceptance to practical assignments; certainly only legal ones. Many have lampooned the low baller; with their tiny offerings. But, equally, perhaps even more important is the amount of effort that you will have to put into the project. Most charge an additional fee to fax. That usually involves a trip home to the scanner, only afterward can it be shipped. Consider all aspects of the request, even if the dollars are high. Will you get out of it more than you put into it?

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Don’t call title or borrower?
http://blog.123notary.com/?p=15066

A comprehensive guide to Notary Pricing
http://blog.123notary.com/?p=16504

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February 27, 2016

The Compliance Agreement

Filed under: (4) Documents,Ken Edelstein,Popular on Linked In — Tags: , — admin @ 12:27 pm

The Compliance Agreement
This document is often part of a loan package. While not notarized, “The undersigned hereby agrees to cooperate”. This cooperation includes working with both the lender and the Escrow or “Closing Agent” to facilitate “reasonable requests”. This cooperation is subsequent to the closing, on an “if necessary” basis. Said cooperation includes providing any and all documentation “deemed necessary or desirable”. It is very open ended with an enforcement clause, to be discussed later in this installment.

The affiants to this agreement, often both the buyer and the seller, are obligated to assist, as “necessary”, to complete the transaction. This completion can include verbiage to include the marketability of the loan and/or securing title insurance. They may be requested (really required) to re-execute documents or sign additional documents. They may also be asked to provide previously “not relevant or considered” documents, to facilitate the closing.

Score one for stating the obvious. While researching this blog, one of the compliance agreement documents specifically stated: The sellers are not required to perform duties and responsibilities of the buyer, and the reverse is also understood. As mentioned the responsibilities of the affiants is a bit open ended. They are both required to not only facilitate requests “deemed necessary” but also those “desirable”. An up to date appraisal would certainly be desirable, but it’s not clearly spelled out who would be required to pay if this was requested. Similarly, it’s not clear who would be responsible for expenses to make the loan “insurable”.

While this document is usually a single page; the issues are rather complex. There are four parties involved: The Lender, the Title Co., the Borrower, and the Seller. It’s easy to visualize conflicts developing. The “enforcement arm” is frequently in the last paragraph. This section includes for recovery of all expenses, and lawyer fees, by the winning party if it is adjudicated.

Thus failure to comply with an “it’s desirable” request (demand?) from Title, might result in Title obtaining the item and billing the, for example; seller. Additionally the seller would, if they contest the cost, and lose; have to pay the attorney fees of the Title Company. Quite a lot of responsibility is included on that one little page. Few bother to read it. It’s generally explained (not by the Notary!) as agreeing to resign a lost document; but it really comprises much more.

I often wondered why such a “strong” document is rarely if ever notarized. Perhaps the public perception of notarized documents being “binding” and others “contestable” is in play. Whatever the reason, all affiants should be aware of the broad scope of the Compliance Agreement. It’s more than just allowing clerical errors to be corrected, much more. I have heard it explained away as only allowing for the correction of typographical errors. “If we put the comma in the wrong place and say you only pay fifty cents a month, not five hundred a month; we are allowed to correct that typo”. Yes, it’s that; but also much more.

How does this apply to the notary? From my prospective the issues are so broad, vague and potentially of great economic effect – I would not attempt to “explain” it; not a bit. If asked a question related to the Compliance Agreement, for me it’s an immediate call to the Loan Officer.

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January 12, 2016

Notary: The Art of the Decline — To new Jobs

Filed under: Business Tips,Ken Edelstein,Popular Overall — Tags: , , , — admin @ 12:03 pm

Notary: the Art of the Decline – To new Notary Jobs
In a prior rant, I rambled on about declining to perform illegal activities; they definitely deserve and should always receive an unqualified NO. Here I will focus my oft grammatically incorrect scribbles at the decline. Nobody can accept every assignment offered, nor should they attempt to.

Why decline? The reasons are legion. For whatever reason, you do not want to accept the task that is being presented by the caller. Your key objective here should be to leave a pleasant and competent impression. Perhaps that 40$ lowballer will remember the great impression you gave and call you for a more realistic assignment at a later date. Your objective should not be to “get rid of the caller as soon as possible”. Each call is an opportunity to market your abilities.

It takes a lot less time to give some procedural advice over the phone than to do the job. Take a few minutes with the caller and showcase your knowledge. That works better with individuals than signing services. Perhaps your decline can morph into a postponement to a later date. As a minimum you should steer the caller to finding someone available. It’s not apparent to you, my reader; but that exact situation just happened to me. The caller needed a Will notarized, and unfortunately it needed to be done very soon. I do not qualify as the signature of the testator, the person who the will is for; must be notarized. In NY State, by a person who is both a Notary & Attorney. Having had similar calls in the past, I was able to direct the caller to a solution.

Sometimes the issues are much more complex. There are many ways to process the various documents that cross my path. Giving procedural, not legal advice is, to me; a proper form of public service. As notaries we understand our state laws and procedures. Sharing, to a caller some information on “what options you have that I am familiar with” does no harm. Of course some “trade secrets” are reserved for me to utilize. Giving “some” help is better than none.

Perhaps you have virtually no time at all to spend with the caller. It takes but a moment to tell them about http://123notary.com and perhaps Notary Rotary and Notary Café. Take a moment more to suggest the caller search using the zip code where the notary will be going. Often the caller thinks / assumes you are a walk in facility; and that is what they are seeking. I tell those callers that notaries are “sometimes” found at banks, pharmacies and law offices. No matter how little time you can allocate to the caller; you are always able to give some useful information. That will “mark” you as being helpful and caring; possibly the one to call for the next need.

No, I did not read “The Art of the Deal” by you know who; perhaps I should. But, I don’t think my notary function requires much deal making. Nor does it require declining many job requests. Some, yes; but not many. Thus “The Art of the Decline” will not be published by me. It all boils down to just being helpful. Make it clear you cannot accept the job, specifically say it’s not a money issue; you have “other” reasons for not being available. You really don’t need to give an exact reason; I simply say that I am “not available”.

Pay as much attention to your projected image with declines as you do with accepts. Think of it as contact with a potential future client. Perhaps a referral to a known to be competent “rival” is in order – and such arrangements often become bidirectional, a mutual advantage.

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