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February 5, 2011

The Signing from Heaven

Filed under: Ken Edelstein,Ultra-Popular — Tags: , , — admin @ 8:10 am

The Signing from Heaven

The call comes in when you have nothing on your calendar. It’s for signing about 5 miles from your home. You notice that it’s from a very highly rated title company that you have been trying to link with for years. They are very exclusive about who they hire. They have several highly pro-notary policies. They always pay their notaries public in full, as long as you did not make any errors. It does not matter if it “closes” or not. If the borrower refuses to sign or rescinds; they consider only the work that you did. Their standard pay is $150 and the docs are always shipped to you at least 3 days prior to the signing date. The appointment is usually set 5 days prior.

When the docs arrive, (they ship them to you), you examine them closely. You notice that they took the time to accurately fill in the venue section with both the correct state and county where the signing will take place. There is no lengthy “Statement of Information”; only a request for a copy the signer’s IDs – and the borrowers are requested to sign the photocopy of their ID. The package is sent in a single PDF which includes the return airbill. The date of the signing has been set; however you are requested to arrange with the borrower a mutually convenient time for the actual signing. They respect and trust their notaries public and your check is included in the shipment.

You arrive at the signing location, with a nearby parking spot; to be greeted warmly. After introductions, they serve coffee and cookies on a spacious and well lighted table. They confirm that they have previously received and reviewed their “borrower copy” directly from the title company. They mention a mistake was found and provide you with a sealed FedEx envelope that they say contains, directly from title (the shipper’s address), a new HUD; to replace the one you brought. They inform you that you will also find in the envelope a note from the loan officer authorizing the document “swap”. You notice on the table the borrowers have prepared copies of their driver’s licenses and have placed the originals on top of the photocopies.

As you examine the IDs you notice that there are no sounds in the room. The TV is off, there are no children anywhere in sight; nor are any animals in the room. The borrowers tell you they have examined the entire package, and with the sole exception of needing a new HUD; they are ready to sign. Moreso, they request that you only present to them documents that need signatures, and that you “turn the page” on documents that do not need any signatures. When you reach the first page to be signed you notice that the spelling on the IDs exactly matches the spelling on the documents from the lending institution and title / escrow.

Processing the 87 page document set proceeds at a rapid pace. They sign using a neat clear full signature exactly as printed “under the line”. The borrowers have no questions, but do mention that they allocated a full hour to sign the documents. Half way thru the documents you are brought a refill of very excellent coffee, and a few more cookies. Towards the end of the document set the borrowers compliment you on your punctuality and mention their desire to send a complimentary letter on your behalf. After all the documents are signed, and the oath given; they mention a future need for a traveling notary and request your card. They notice the FedEx airbill/envelope and express appreciation that you will be handling the actual shipping of the package back for them.

Smiles and handshakes are followed by a last piece of cookie and final sip of that superb coffee.

Dear reader of this post regarding “The Signing from Heaven”;

The last line of this post can be found in a song by The “Bonzo Dog Doo Dah Band” specifically, the song title is: “I’m The Urban Spaceman”. Please find the lyrics – you will have to do a bit of hunting, to find the last 3 words of my post regarding “The Signing from Heaven”; which are also the last 3 words of that song.

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Borrowers and their filthy homes

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January 30, 2011

Notarize JUST the Name

Filed under: Ken Edelstein — Tags: , , , , — admin @ 12:22 pm

Notarize JUST the Name
We are all familiar with the two most common notary actions. The Jurat: “Sworn to and Subscribed…….”, and the Acknowledgement: “This instrument was Acknowledged before me…..”. I’m not going to cover the not so subtle differences between the two of them. What will be discussed is the expansion of the notary statement to include virtually anything.

I just shipped off an Edoc. I had to redact (no changes were made, no replacement text, just a thin line thru with my initials at the end of the line) some superfluous verbiage. Before I get into the details let me credit the source of “my” opinions. The office of the New York County Clerk has told me, quite strongly: “You notarize just the name as proven on the ID, nothing more”. What they are referring to are what I call “name attributes” and there are many. Not to be confused with name components (Jr. Sr. III, etc.) which were on the birth certificate. Name attributes, and there are many include: MD, PhD, DDS, etc.

Those name attributes are rarely a problem and they are usually not added to the name in the notary section. What is a problem are what I will call “name descriptors”, and they are becoming a growing problem. A Jurat in the edoc included “a resident of ”. How would I know where the person signing resides? It’s not for me to say (I know, that’s a song title too). This was in the (usually) simple Sample Signature document. Why? I can’t figure out any rationale for inclusion of residency information on that document.

The same package included, after the name, the phrase “a capable person”. Capable of what? Such a phrase could keep lawyers in discussion forever. This particular bit of foolishness was on the AKA statement. Of course no discussion of name descriptors would be complete with mention of the classic and most common one: the marital status. Before me appeared Suzy Snowflake, a single woman. Says who? Suzy of course. So why is it in MY statement? If Ms Snowflake wishes to make a statement that she is not married, I would be happy to notarize it. But, I certainly will not include her marital status in my statement.

Even if I were to be absolutely sure of her marital status it is improper for me to include it in my statement. But, one cannot prove their marital status – it’s impossible; think about it. The problem stems from some shoddy computer programming taking the “vesting name” from the mortgage (where marital status makes sense) and propagating it into other areas.

I have discussed the issue of name descriptors many times with foggy headed drones who feel that because it is preprinted I must live with it. Not so. The notary section IS the statement of the Notary Public and IS subject to change and or deletion. My licensing officials don’t allow it, and I am certainly not able to state someone is capable, married or where they reside. Sometimes it’s a tough judgment call. If the descriptor is “of legal age” I would have to know exactly where that phrase is applied. If they are under 21, it “might” matter in some states; and could also be document specific.

We want to process the document with little conflict, as raising “issues” often sours the client. To me it’s better to lose a client than receive a summons; and become a party to litigation. As a public official my words have, “authority”; and with that comes responsibility for accuracy.

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Notarizing John W Smith
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If the lender has the Notary change a date on the Acknowledgment
http://blog.123notary.com/?p=16045

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Decline Profitable Junk Work

Filed under: Ken Edelstein — Tags: , , , , , , — admin @ 10:52 am

Decline Profitable Junk Work
Some may feel “work is work” and take all they can get. Mobile notaries are not hobbyists; we do the work for the money. Some are able to charge more, for the same work, some less. Without a scheduling conflict, we want to “book” that work. Of course it has to be legal. But not all legal work is useful to our callers. Sometimes we know the end product, though legal, will be junk.

Case in point to illustrate: my late night caller has an emergency. They have an appointment with the Immigration folks in downtown Manhattan at Federal Plaza. They just noticed the requirement that their documents must be notarized. Routine so far, but a little probing uncovered the real facts. One of the documents is a birth certificate from China. The other is a divorce certificate, also from China. NY State law regarding “vital records” permits me to notarize as long as those types of documents did not originate in NY State. There are slightly different procedures for processing a photocopy; different from processing an original document.

I learn the birth certificate is in the Chinese language, and is original. Some specific wording is required, but it’s perfectly proper to notarize the signature of the person named on the document. But, will it be useful for their intended purpose? Frankly, I really don’t know. I suspect they will have to have the document translated by a licensed translator. The translator’s signature will be notarized, attesting to training and accuracy of translation. Atop that would go the caller’s statement as to being the rightful possessor of the document. But, I’m not sure. I explain this to the caller and suggest they contact the authorities as to specific requirements. I could have accepted the assignment; but I feel they would be walking in with notarized junk without the translation.

The divorce decree was even worse. Again, it was in Chinese; but this time the document was not an original, only a photocopy. Similarly, I could legally notarize the photocopy; again using NY State mandated verbiage for photocopies. But the acceptability for purpose is, IMHO, unlikely.

As practicing professionals we know a lot more about notary law than the general public. We also know a bit about bureaucratic processing requirements. Of course we don’t know “everything” but we should know the limits of our knowledge. When I am sure, or almost sure, the work product will meet the client needs it’s a go. But, as is often the case, I am unsure. When I express my doubts they usually ask “what do you think”. That’s calling for my opinion, or to phrase it a bit more honestly – for me to guess. I don’t like to guess, preferring to refer them to the proper authorities to ask their “how should I proceed” question. Also, answering “how should I proceed” comes very close to “playing lawyer”. That must be totally avoided.

Would it matter if the caller told me they were affluent, and wanted to “try” using my notary work; not caring if it was rejected? Sure, if they, knowing my concerns, wanted to “throw money at the project” – I would be happy to oblige. It has to be their informed decision based on whatever knowledge I can provide as to the likelihood of success. I’ve done many “let’s try it and see what happens” jobs. Rarely do I learn the outcome. I don’t know if my caller was pent house or poor house; nor does it matter to me. Ethical notaries will Decline Profitable Junk Work. But, will allow the client to overrule the notary when clients are making an informed decision.

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The art of the decline to new notary jobs
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The right to decline notarization
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January 23, 2011

Tactics and Weapons

Filed under: Ken Edelstein — Tags: , , — admin @ 10:51 am

Tactics and Weapons
Sounds like preparing for war? Well, let’s be frank. There is an ongoing war, and it’s between notaries for a limited amount of assignments. To fight this war, and win the jobs; you need to hone your Tactics and select appropriate Weapons. Of course we are not directly engaged in violence among notaries. Our fight is one of image. The notary that “appears” to be the most qualified – gets the job. Tactics in this dissertation are the procedures leading to the goals to be accomplished; Weapons are used to facilitate achieving those goals.

All other things being equal, the smarter general defeats the less intellect. Similarly, the one with “6 shooters” defeats the single shot flintlocks. Enough introduction, time to put these concepts into practice and get your phone ringing.

The first goal is being the most easy to reach notary possible. The Tactic is to present your contact information for notary services at multiple levels. The first Weapon in your arsenal is the humble business card. Distribute widely, Doing an edoc in an office building? Hand one to the lobby security guard. Do the same for apartment houses, doctor offices, and every other place. Web sites are cheap, create a good one. Most internet service providers that host sites have easy to use tools that assist in creating decent web sites. Pay the generally trivial fees and register on the various notary services web sites. They pay per click to attract seekers of notary services. That’s a start.

Prospective clients will generally try to reach you via email or phone. Your cell phone is where the calls will come in. Is it modern and able to use the newer, more penetrating frequencies? If the signal is weak at your home, consider a signal booster. It’s illegal and dangerous to use a cell phone while driving without a fully automatic Bluetooth device. Another weapon in your arsenal should be a small tape recorder (I know, they are mostly “solid state”) to record the details rather than attempting to take notes while driving. General Patton had a gun on each hip, two guns. You should have two cell phones. One for voice, one for email; that allows you to look at an email while talking about it to your client. Carry in the car 12v charger cable(s), or a spare battery.

Now that you can communicate effectively, you need the skills to be able to handle virtually any legal request; that is goal two. Your Tactics include total mastery of appropriate laws, and the methodology to process unusual and complex requests. Weapons? The key one is diligence in being a never ending student. Nobody knows it all. However, many have shared their skills and knowledge on the various notary oriented web sites. Spend a few hours each week sifting thru the “I never got paid” griping to find the golden procedural tutorials, tips and advice.

Goal three is being a better you. Solicit a variety of frank and factual opinions about how you conduct yourself. The Tactics for self improvement vary, but certainly include introspection of your personality and “bearing”. The Weapons vary from professional psychological help in extreme cases, to just accepting the feedback of others. Few bother to ask how they could have done better with their interpersonal skills.

The notary that wins the assignment battle is reachable, knows their stuff, and is a pleasure to work with. You can be sure your competition is actively working to surpass you in each aspect.

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ID – A Growing Problem

Filed under: Identification For Being Notarized,Ken Edelstein — Tags: , , , , , — admin @ 10:44 am

Confirming the identity of the affiant is a complex issue. Notary laws regarding ID requirements vary by state. Some states are very specific and have a list of what constitutes proper ID. They may or may not permit the use of a substantiating witness. I am not aware of any jurisdiction that requires multiple IDs to notarize; if you are aware of this situation please comment. One of the vendors: https://www.driverslicenseguide.com/products_summary.html has guides ranging from 25$ to over $200 (published annually!). Clearly, ID fraud is a growing issue.

As mentioned in a prior post, the City of New York will issue an “inmate release ID” with any name the prisoner chooses; if they can’t ascertain the true ID via fingerprints (1st offender?). A new initiative in NYC is to issue “Municipal IDs” to virtually anyone. There are rules and some proofs are required; but the general opinion is that they will be easy to get; with any name or address you choose. Applications can be submitted at the main NYC library or one of the Credit Union offices. Picture their situation if the proof of birth is hand written in Latvian from the local parish, without an e-mail address or telephone. Thus, even a crude forgery becomes a “valid NYC ID”. Glad you don’t live in New York City? But, you have problems too.

If your state does not have a specific list, it’s generally acceptable to accept the classic: “Government Issued Photo ID” – so do you take the NYC ID discussed above? Getting away from the proclivities of New York; most states certainly take other states Driver License, but who can really tell a genuine from a forgery? Without subscribing and always carrying an ID guide, it’s virtually impossible to know what to look for in unfamiliar driver licenses. Worse, some of the passports I have seen are totally handwritten, nothing machine printed; a few even seem to use common package sealing tape to “laminate” the ID photo, yikes!

I have been presented everything from a Food Town membership card to a Diplomatic Passport issued by the State Department. I notarized a Secret Service agent’s mortgage papers. Have I previously seen an SS agent card? Of course not. It looked “good” – so I accepted it. Yes, he did have a pistol also, inadvertently briefly exposed. He also had a DC driver license, again a first for me. Probably they were authentic; but as notaries we are not trained in ID verification.

Some might argue that a national ID card, the same for everyone is the solution. I doubt if such a measure would ever become reality. Thus, we are, with virtually; no strike that – with absolutely no training tasked with determining if the ID presented is authentic. Even a highly trained state trooper can be fooled with a good forgery. So far, there does not seem to be a solution. Here in New York State the notary is required to view (not verify!) “adequate proof” of ID. The determination of “adequate proof” is the responsibility of the individual notary – NY State does not publish a list of acceptable IDs. The list would be helpful; but forgery is still a big issue.

Inexplicably, we have the technology at hand capable of doing the job. There are databases of information about the authenticity of documents. There must be (probably with some exceptions) databases of currently issued and valid IDs. It would be nice to be able to take a cell phone picture of an ID and have it verified by competent authorities. Alternatively, many phones have the ability to scan fingerprints for their lock screen. Perhaps that technology will come to the aid of notaries struggling to verify the identity of the affiants prior to adding their stamp and seal.

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January 22, 2011

Cattle call Notary offers

Filed under: Ken Edelstein,NSA Pricing, Fees & Income — Tags: , , , — admin @ 10:29 am

Cattle Call Notary Offers
Do you Moo? Actually it’s more of a sheep call than a cattle call. Cattle are rather large and both genders can be a handful when riled, ask any cowhand. I would have preferred to title this blog “Sheep Call Notary Offers”, but the commonly used term will suffice, and it worked to get your attention; as you can’t deny that you are indeed reading this. Sheep are wonderful animals, so gentle and trusting. They baaahh a bit when you shear their wool, but that’s the extent of their complaining. Unlike cattle that like to roam individually, the sheep tend to herd together; they are so easy to manage! I’m sure some are aware of “leg of lamb” and “mutton chops”, but they choose to ignore their ultimate fate.

I just received still another of the Sheep Call notary offers. It has the usual “we pay xx$”; really? I love our free market democratic form of government. There is nothing wrong with some firm sending me a solicitation to buy their product for xx$. But the reverse offends me. By reverse I am referring to solicitation for my services that try to price set for me. They got it back asswards. It is the seller who sets the price and the payment terms. With my notary services I, not they, am the seller. I set the price and payment terms. To put it bluntly, it’s my way or the highway.

My name is http://kenneth-a-edelstein.com not “Undisclosed Recipients”. My self image, regular readers already know this; is more like a Lion than a Lamb. Many prefer to deal with docile manipulateable sheep. I know, when the rent is due you are against the wall and tend to shed your Lion’s attire for a cloak of wool. The callers are very astute at voice reading and want to be able to control their notary. Sometimes to a level of detail that goes beyond the offensive. If you absolutely must “play lamb” for a while, so be it. But work quickly at formulating a plan that allows you to shed the wool and return to Lion attire.

Back to the offensive solicitations. My general response is to state my fee and that I am available for the assignment. I add that PayPal payment is required prior to printing the edoc. That is a real “turn off” to the bottom fisher. Actually I find my response much more efficient than asking for an “unsubscribe”. I don’t want to be bothered, or offended by receiving such tripe. Truth to tell, sometimes I step a bit “over the line” in my response. I have a cute cartoon graphic called KMA.JPG. Sometimes I send it as a response to cattle calls. The acronym’s first letter stands for the word “kiss”. If you want a copy just send me an email. It would be great if all notaries sent the soon to be infamous kma.jpg in response to these lowballers.

Sure we are all notaries. But, poise, character, image, and deportment differentiate us. Your feeling of self worth, backed by your training and skills are what sets you apart. The fact that you are a member of 123notary.com is a strong indication that you, unlike most notaries; really know what you are doing. There is a good chance that your 123notary.com listing is the reason that you were included in the email directed to the flock of sheep. But, show them wrong!

Frankie Valie and the Four Seasons recorded “Walk Like A Man” (or Woman) and that is what you should be doing. Cattle / Sheep call emails are mass attempts to demean notaries. They are an offer for bottom dollar, collection grief, late docs and an extended lesson in being micro managed. The only thing these people deserve is what the herd leaves behind when it passes.

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January 20, 2011

Notary Industry Standards According to Ken

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

“It’s an Industry Standard”, sayeth Suppository Signing Service (SSS) when insisting that I accept payment on the 45th workday after the next lunar eclipse. Usually the “defense/attack” of industry standard is used to support an unfair/immoral situation; one that most likely will be “going away soon”. Slavery was an industry standard. Women not having the right to vote was an industry standard. The inclusion of cocaine in Coca Cola was an industry standard. I am sure you can add many currently unjust and destined to disappear practices to the list.

Just who decides what “Industry Standards” are? That’s simple – those (currently) in Power. They are saying that “it should be because it is”. Really? Change for the better is the history of and most basic philosophy of our great nation. Twelve year old children working 14 hour days in coal mines was an industry standard. IS (Industry Standards) change all the time. Unjust laws are changed, oppressed workers form unions, and civil/lawful peaceful protest leads to abolishing IS.

Thus, when SSS wants to “stick me” with their IS; I tell them that their IS statement is obsolete. The current IS is paying via PayPal “up front”. That is MY IS and they can “self administer” their assignment if they are “sticking” to their outdated concept of notary payment IS.

The issue is bigger than just payment. There is an outdated IS perception of the notary as being a “dumping ground” for various tasks. The IS of loading the doc with endless pages of survey, un-necessary FAX requests (not immediate funding, eg: package has 3 day recession), baby monitor calling; the list is practically endless. We are an industry, notaries are the first line of defense against fraud; our task is honorable and necessary. The vast majorities of us are highly skilled and know an Ack from a Venue. The IS of treating us like fools is coming to an abrupt end.

There are many ways to “bounce back” an IS attack. Ask precisely where that IS is codified. Yup, it’s only in the speaker’s mind; because that is the way they would like things to be. You don’t have to accept their IS – TELL THEM YOURS. I have had condescending calls from SSS telling me “you must accept our terms” – really? Not me. And, I sincerely hope the same will be true of you.

The IS statement is just a lot of hot air, being blown in your direction. Why? Because often that tactic works. Many don’t like to “stand out” and wish to swim with the school and fly with the flock. But when that school is heading toward the fisherman nets, when the flock is coming within shotgun range of the hunters – it’s time to change course. Their IS puts all the advantages on their side. You are playing poker with your cards being double sided, and their cards show you nothing.

We all know what is fair and just. Turning the IS “bs” around should not be our objective. We just want to eliminate being exploited. None of us wish to collect our fee and do an inept job. But we are fed up with an endless list of “additional requirements” that come with the package that were not disclosed when offered the assignment. When I mention this I am told it’s an IS. Well. My IS is to do what I agreed to do when setting my fee. Also the IS of “fee blackmailing” to require notaries to complete “I will be legally responsible if it does not fund” and similar nonsense is a thing of the past.

Most of us are one person business entities. We, lacking a true representative association that looks out for us; must form and enforce our own, fair, and just – Industry Standards.

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Go to jail, but DO collect $100

Filed under: Ken Edelstein — Tags: , , — admin @ 1:19 am

Go to Jail, but DO collect $100
As a notary on official business, not to become a “resident”. I’ve been to several jails. They, so far, have shared a virtually identical routine. Oops, I’m getting a bit ahead of myself. First, you need the assignment. In your profile on 123notary.com did you check the box for Jail Signings. You can access that part of your profile by selecting “Edit Additional Info”. While there glance at your commission expiration date – often overlooked, it needs to be kept current. OK, now you do qualify to show in a search for Jail.

Once the call comes in, obtain the basic information; stressing the need for ID. Not just asking that it will be available; verify that your state mandated ID will be available. The jails I have visited issued a “must carry” photo ID to each inmate. I do not accept that ID. Often, you will be meeting an attorney who needs the inmate signature notarized. Once in a while an attorney will present their interpretation of what is proper ID. They tend to be good talkers. True, it’s a different environment; but you know notary law; they don’t. Have the ID issue fully handled prior to any making any commitment.

You might not be admitted. Accept that as a fact. The facility might have a rule that only the attorney and family can visit. Make it absolutely clear to your client that your fee is earned by meeting them at the facility and putting forth “best efforts” to complete the job. My visits have always been with attorneys. They say the right things to the admitting guard. But there are no guarantees; they are not (IMHO) obligated to let you in. With ID and getting in being issues, all jail Notary assignments are prepaid. Make sure to have your driver license and current proof of your notary commission.

You should prepare for your visit. What works for me is having two zip lock plastic bags. One is for what I wish to bring in, the other for what I cannot bring in. After checking in, the two bags are surrendered at the window. They are very choosey about what goes in. Your embosser will probably be forbidden, stamping device usually accepted. However, a better strategy is to go in with absolutely nothing. Do the notarizations in the lobby, after you leave the secure area. On those days I wear my Velcro closing belt, without a bit of metal. When I tell the metal detector operator it’s Velcro and has no metal; I’m usually allowed to wear it.

It’s a Jail. You will be told what to do. Avoid asking any questions and comply immediately with what you are told to do. Doors slide open and clang shut. Your photograph may be taken. Your hand might receive a visitor stamp, similar to the “paid for admission” at many events. You will be told to sit someplace and wait. They are not in a hurry. Time is what they serve, often in great quantities. Eventually, the prisoner will arrive; sometimes you will be directed to a conference room. The cardinal rule is to give nothing whatsoever to the inmate. Nothing. If you had to bring in a pen, make sure you leave with it.

ID checked, signatures given oath; take possession of the pages with the signatures witnessed. You don’t want your client accidently adding or changing documents for different ones that were also signed. Making certain to enter the correct county in the Venue; complete the process after your “release”. You should do at least one Jail “visit”; strict adherence to notary law will follow.

.

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Meeting clients at a jail
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January 17, 2011

Unilateral Commitments

Filed under: Ken Edelstein — Tags: , — admin @ 12:20 pm

Unilateral Commitments
Hello, Roundy Round Tires, do you have a Never Flat for my Go Go Mobile? Great, I might be stopping by later this afternoon, say 2PM. Can you assure me of instant service if I decide to show up? No, I don’t wish to make an appointment at this time; I just want your assurance that if I decide to honor you with my august presence; I will be instantly accommodated.

Farfetched? Consider the notary version: Is this the notary savant? I am thinking about having some legal papers notarized, will you be available at 2PM. Well, I have not really gathered my thoughts yet. I just want to be sure you will be available if the mood to be notarized strikes me.

Is this string along notary? Good, I want to know if you will be available for a signing today at 2PM. Cutting to the essence of a real assignment, I ask for the borrower name and phone number. Well ….. we don’t have that information yet, but I just want to be sure that you can process the assignment (IF, not said), when it comes. So, you’re not sure about details, only that you want my commitment of availability, is that what this call is about?

I have had this same conversation, with slight variations; many times. In short; you promise availability, and there is a possibility that they might call back. If you discuss your fee, the chances of them calling back decrease. But, fee is not the issue here. What’s in play is your reputation for truthfulness and willingness to grab at straws. I choose my words carefully.

If my schedule permits, assignments are accepted. Well known (by me) firms, those with whom I have a trust relationship go on the calendar based on a phone call. Others, especially the ones that “talk” the “good buddy” BS; are required to prepay. Many are the signing service schedulers who sound like they could not beat a squirrel at chess. They are trolling for dopey notaries. It is there intent to obtain commitments and exactly how little you will (hope to) receive.

Well, http://kenneth-a-edelstein.com does not consider trollers as worthy of much conversation. They are honestly (sometimes I feel that is more than they deserve) told that I value my time and will only allocate a portion of it if there is a mutual commitment. Some persist; we just want to know if you will be available. They are told: currently yes, but that yes is only for the duration of this call; I will accept an assignment for the same time slot if the phone rings in ten seconds after this call. Similarly, wee hour callers must prepay DURING the initial call, no wake twice!

Personally, I think it’s a hoot that frequently on various 123notary.com forums agents complain about a lack of “loyalty”. Really? Wakie wakie, they want (even more aggressively than you) to maximize their profits. If that be at the “expense” of you – they will merrily do so. However, agents with integrity will not “play along” with the availability game. They will openly and frankly describe their time management policy. I think that will be perceived as a plus. If you are fastidious with your calendar, you are probably the same with processing the docs.

My boss might need a notary this afternoon, might you be available. I might is the answer; to borrow a part of the question. Followed by mentioning that “currently” I am, but “might” not be so at a later time. Do you wish to schedule an appointment? Possibly my honest answer is a “turn off” to the caller. If so, so be it. But, to me, a factual, frank, honest answer works best.

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January 16, 2011

The Right to Decline Notarization

Filed under: Ken Edelstein,Technical & Legal — Tags: , , , , , , , — admin @ 10:25 pm

The Right to Decline Notarization
Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. (People v. Brooks, 1 Den. 457.)

The above is from the handbook of law provided to New York State notaries. Not much “wiggle room” there. I am writing this wondering if I just committed a crime! Of course we decline to notarize when something is “not right”, as we should. However, the issue before me is a request to officiate at the opening of a safe deposit box.

I have never participated in a safe deposit box opening. From what I understand, the notary is present and verifies the contents. It’s often a time consuming procedure. Generally it is a low paying function. I have heard that sometimes the notary is notarizing the statement as to the contents made by a bank officer. Other banks require the notary to make the statement as to the content and, as a notary, stamp and sign. That second procedure is a self notarization and illegal in New York State, and probably most other jurisdictions.

For the sake of discussion; let’s assume the procedure requested is the former, notarization of the statement by the bank officer. That’s certainly legal. The real issue is can mobile notaries legally refuse assignments? It is my understanding that a notary in a place of public accommodation (eg: at a bank) cannot refuse often saying “you must be a client of the bank”, any legal request. However, the mobile notary does not have a walk in location open to the public. Thus, IMHO the “before whom” does not exist; certainly that propinquity is not achieved “over the phone”.

One approach to avoiding unwanted situations is to price them very high. Sure, I’m available for your safe deposit box opening and my fee, with travel, is $500. But, that is a sham; and is sure to put you on the bank’s “do not call” list; possibly precluding an attractive assignment. I did not “high bid” my recent caller. I simply stated that I choose to not accept such assignments. And, that is the heart of the issue. Was declining a proper thing to do?

I have had people, despite my advertising to being a “Mobile Notary”; ring my bell and wish to enter my residence to have their document notarized. All of these have been declined. One or two were irate, and indicated that they would file formal charges against me. If they did, my licensing authorities probably dismissed their protest. I doubt there is any requirement to allow persons into my home, with the exception of Police, Fire, Building Inspectors, etc.

Unfortunately, the real issue remains, in my mind, a bit murky. Can I refuse a valid mobile notary request? If my schedule conflicts, I consider that a valid reason. But, if I am “available” do I have the right to “pick and choose” what mobile notary assignments I accept? We certainly do that all the time with Edocs from lowball disreputable callers. Many notaries do not like to notarize Power of Attorney documents. Many clients tell me their bank refused because Power of Attorney notarizations are “against bank policy”; presumably to avoid potential litigation.

Do we as individual mobile notaries have the right to refuse service to individuals for whatever reasoning we employ? The law cited above appears to require servicing all legal requests. My “not before us” is probably on weak legal grounds; I am not an attorney. How do you respond to requests that you do not wish to accept; especially those from individuals with proper ID, etc.

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Decline profitable junk work
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